CHAPTER 2

LAW ENFORCEMENT PILLAR OF PCJS: 1st PILLAR

The Law Enforcement Pillar: Prime mover of the CJS

 A policing body of the society or the police force created by the government
 The process of implementing the laws enacted by the legislative body of the national and local
government for the purpose of protecting the life, rights and properties of the people while maintaining the
peace and order in the society

The Philippines, like other nations of the world, has various law enforcement agencies to police the
officers of the government. There are as many law enforcement agencies as there are offices of the
government. Some of these includes but not limited to the following:
1. Philippine National Police
2. National Bureau of Investigation
3. National Police commission
4. Department of Finance
5. Department of Foreign Affairs
6. Department of Environment and Natural Resources
7. Barangay Tanods

Policing in the Philippines

 Started in the old practice of selecting able-bodied young men to patrol during the night
 Purpose: protection of crops and livestock from wild animals

Significant dates and events

 1901
 General Howard Taft became the first Civil Governor of the Philippines

SALIENT FEATURES:
1. Manila Police Department – organized by virtue of Act No. 183 of the Philippine Commission
on July 31, 1901.
- Capt GEORGE CURRY became the first Chief of Police
2. Philippine Constabulary – organized by virtue of Act No. 175 of the Philippine Commission on
August, 1901, “An act providing for the organization and government of an Insular Police better known as
the Philippine Constabulary – the First Insular Police of the Philippines
- Capt. HENRY T. ALLEN became the first Chief of PC.

NATIONAL POLICE COMMISSION

 Republic Act No. 4864 – An act creating the National Police Commission under the office of the
President in September 8, 1966.

PRESIDENTIAL DECREE NO. 765

An act creating the Police Constabulary/Integrated National Police (PC/INP) in August 8, 1975.
This law put the NAPOLCOM under the Ministry of National Defense. During this time pursuant of E.O 389,
PC became one of the four major services of the AFP
Salient Features of PD 765
1. The INP was established and constituted, composed of the PC as the nucleus and the INP as
component under the DND.
2. The head of the PNP was Chief of the PC
3. The PC remained as the major service of the AFP
4. The remaining power of the NAPOLCOM was extended to the police, fire and jail components
of the INP.

PNP LAW OF 1991

Republic Act No. 6975 – an act establishing the PNP under a Reorganized Department of the
Interior and Local Government in December 13, 1990.

THE PHILIPPINE NATIONAL POLICE

Creation of the Philippine National Police

The primary law creating the PNP

Article XVII, sec 6 of the 1987 Constitution provides that “the state shall establish and maintain one
police force which shall be national in scope and civilian in character, to be administered and controlled by
the National Police Commission. The authority of the local executives over the police units in their
jurisdiction shall be provided by law.”

Implementing this law is RA 6975 known as the law creating the Department of Interior and Local
Government. Chapter III thereof deals with the establishment of the PNP Organization.

REPUBLIC ACT NO. 8551 – PNP Reform and Reorganized Act of 1998 under the National Police
Commission.
Police defined:
As an individual = This refers to those who were tasked to protect life, liberty and property of the
people, prevent the existence of crime, apprehend offenders and are known as the front liners of the CJS.

As to agency = Is one created under the Constitution forming part of the executive department in
charge in apprehending offenders and to execute the law.

Note: Execute means to enforce the law and not to determine whether the accused is guilty or not.

Policeman = An agent of person in authority endowed by law to enforce the law. Symbolically, he is the law.
Nature of A Police Man
A police man should have the mind of a lawyer, the soul of a clergyman, the heart of social
worker, discipline of an army sergeant, the integrity of a saint. He must believe in a community of law, while
seeing little but lawlessness; believe in the goodness of man, while seeing man most often at his worst,
work in the community of man who resent his presence but depend on his faithfulness; know his jurisdiction
like a sociologist, and he must understand people like a psychologist. He must take the long view of life like
a philosopher and yet never losing his common touch.

Statutory Powers of the Police

 Enforce all laws and ordinances relative to the protection of lives and properties;
 Maintain peace and order and take all necessary step to ensure public safety;
 Investigate and prevent crimes, effect the arrest of the criminal offenders, bring offenders to justice
and assist in their prosecution;
 Exercise the general powers to make arrests, search and seizure in accordance with the
Constitution and pertinent laws;
 Detain an arrested person for a period not beyond what is prescribed by law, informing the person
so detained of all his rights under the constitution;

Administrative Functions
 To issue for the possession of firearms and explosives in accordance with law
 Supervise and control the training and operation of security agencies, security guards, and private
detective for the practice of their professions
 Perform such other duties and exercise all other functions as may be provided by law

Miscellaneous Service
 Regulations of non-criminal conduct, such as traffic control and management
 Performing civic missions, such as the conduction of any person to a hospital for immediate
medication, or any other form of services which is civic in nature

Police Operations
 Prevention of crime
 Repression of Criminal Activities
 Preservation of peace and order
 Protection of lives and properties
 Enforcement of laws and ordinances and regulations of non-criminal conduct
 Apprehension of criminals
 Coordination and cooperation with other law enforcement agencies

Kinds of Policemen
1. Traditional policeman = a policeman walking in uniform performing patrol work, walking constantly
and alertly, observing persons and things to accomplish crime prevention mission.
= The best public servants who serve the public instead of dominating them
= The years of receptive policing when the public received and welcomed the presence of the
police assigned in their neighborhood to maintain order and security, instead of imposing purely
law enforcement action.
= The years when every policeman was a good, friendly, trustworthy officers of the law.
= The years when only few rotten mangoes can be found in a basket.
= The idealist, ideal, a lover of wisdom, who gives meaning to his duty in terms of truth, goodness
and beauty.

2. Contemporary policeman = the materialistic, arrogant, college educated agent of person in authority
whose insights of public service is for the public to serve him as his source of extra income.
= At the start of his duty, he reflects not on his work, but on his prospective extra income for the
day, constantly probing, looking deeper not on the nature of things, but into the pockets of his
prospective victims. “You name it, the POLICE is in it.”

Police Corruption is the Use of the Police Position for Personal Gain
“The Blue Wall of Silence.” Police officers who know of wrongdoing by other police will not take action
against them or provide information against them to investigators because of two things:
1. Police mistrust their superiors and bear being given disproportionately harsh punishment to set an
example or to alleviate political pressure on their administrators.
2. They fear alienating their brother and sister officers, upon whom they depend for back up
assistance in dangerous situations. To the public, it appears that “the police protect their own” even
against legitimate grievances and complaints of the community.

The policeman, in the performance of his multifaceted duty, is responsible for bringing all law
violators to court, but while doing so, he is compelled to observe their constitutional rights. Thus, it can be
observed that the police initiate the criminal justice process by the arrest of the law violator; that the police
is the prime mover of the criminal justice system – without the police, the system cannot stand.
The police, being the first major component for the operation of the criminal justice system are
responsible for accomplishing the following functions:
 prevention of crime
 enforcement of laws, decrees and ordinances
 protection of life and property from criminal attack
 preservation of peace and order
 safeguarding the rights of others

Power and Function of the PNP

In the performance of police functions and duties, the police must exercise discretion.

Discretion defined:
It is the wise use of one’s judgment, personal experience and common sense to decide a particular
situation.
 Why are the police allowed to use discretion? The police are decision makers and most of their
decisions are based on discretion. Apparently, the police exercise of discretion is unregulated as US Chief
Justice Warren and Burger puts it, “No lawbook, no judge, no lawyer can readily tell how the policeman on
beat should appropriately and courteously exercise the same in this various day to day activities whatever
they do is their responsibility.”

“DAMMED IF THEY SHOOT, DEAD IF THEY DON’T”

Problems Arising from Unregulated Discretion

1. It lacks uniformity for implementation
2. It may be discriminatory
3. It fosters police corruption in victimless crimes
4. It converts the law into personal instrument of social control through the so-called sidewalk justice

1. Enforce all Laws and Ordinance relative to the Protection of Lives and Properties.
a. Enforcement of Laws and Ordinances and Regulation of Non-Criminal Conduct.
This requires a policeman to constructively integrate or enforce and implement the laws of the land
as well as local ordinances without regard to the personal circumstances of the individual citizens and any
other persons sojourning in the Philippines, in order to provide the tranquility among members of the
society.
“Enforcing the law” by apprehending criminals after crime occur is an important part in police work,
but it is only one element of the law enforcement mission. Far more than confronting so-called “Master
criminals,” the police are likely to deal with crimes committed by people who are drunk, depressed, mentally
ill, or simply overwhelmed by life stresses.
This also includes the regulation of non- criminal conduct in order to obtain the compliance of the
public through education and the dangers inherent to the disobedience of regulations. This may be made
through the use of a warning device which would inform the citizens without necessity of imposing penalty
or sanction.
Service. Directions, assistance to disabled motorists, funeral escorts, administration of various
kinds of permits, emergency relay of blood, checking vacant residences or looking-in on vulnerable adults,
aiding with traffic control at road construction and emergency scenes, and many more services are
provided by the local police.
Patience, good communication skills, and knowledge of human psychology are the important tools
of the trade. The ability to enforce the law by bringing criminals to justice rests in the large part on the
willingness of the public to cooperate with the police. The foundation for that is laid in the routine interaction
between police and citizens in the course of everyday, non-emergency activities.

b. Protection of Lives and Property.

This operation for the safety and convenience of the public is analogous with that of practicing
physicians. The doctors protect the life of the combating disease and promoting public health through
preventive measures. The policeman insures public safety by eliminating the hazard of accidents and by
guarding the citizen’s agents against the attack of the bad elements of the society. The police have the
obligation to preserve the citizens constitutional guarantee of liberty and the pursuit of happiness.
 c. Safeguarding Public Health and Morals
This involves many activities or mission’s peripheral to basic law enforcement and public safety,
such as sanitation, search and rescue operations, licensing. Likewise, it also includes escort duties, civic
actions and many other activities related thereto.

2. Maintain peace and order and take all necessary step to ensure public safety.
a. Preservation of Peace and Order
This requires a peace officer to gain the sympathy of the community so they may close ranks in
combating crimes and other anti-social behavior. The community should be informed through the proper
education of their share and involvement in the maintenance of peace and order in the locality.

3. Investigate and Prevent crimes, effect the arrest of criminal offenders, conduct search and seizure in
accordance with the Constitution and pertinent laws and bring offenders to justice and assist in their
prosecution.
What are some of the human rights guaranteed under Article III of the Constitution?
a. The right of a person to be secured in his/her person, papers and effects against unreasonable
searches and seizures;
b. Rights of a person under Investigation;
c. Rights of an accused;
d. Rights of a person under arrest; and
e. Rights of a person under detention.

3.a Investigate the crime. The police officers may conduct surveillance, interview person with
knowledge of facts directly or indirectly connected with the offense, take photographs, arrange for
entrapment when feasible, search premises and persons subject to constitutional and statutory safeguards,
examine public and other available records pertaining to the persons involved and get copies of pertinent
entries, etc.

The police officers, in other words, collect evidence for use in the prosecution of the suspects in
court. This may consist of:
(a) The TESTIMONY of witnesses – including “invited” suspects – which are invariably taken down
in question-and-answer form.
(b) WRITINGS
(c) OBJECTS: guns, knives, other weapons used in the commission of the crime; the clothing of
the victims, etc.

This includes the rough sketch of the crime scene, photograph of the crime scene and the
developing and lifting of prints, if any

What are the rights of a person undergoing investigation or interrogation?

These are:
 a. The right to remain silent and to have a competent and independent counsel, preferably of his
own choice. If the person being investigated cannot afford counsel, he must be provided with
one;
b. No torture, force, violence, threat, intimidation, or any other means by which vitiate the free will
shall be used against the person being investigated;
c. The person under investigation must not be in secret detention places, in solitary confinement,
held incommunicado or other similar forms of detention;
d. The rights of a person under investigation cannot be waived except in writing and in the
presence of a lawyer.

3.b Prevention of Crime

Crime prevention is the anticipation, the recognition and the appraisal of a crime risk and the
initiation of some action to remove it.
Crime prevention means the elimination of the opportunity that exist on the part of the would be
criminal to commit an act punishable under the law. This seeks to minimize the causes of crime that
requires the police to mingle with the community where criminal activities originate and breed and where
the criminalistic tendencies of individuals motivated them to indulge in anti-social behavior.

Explain what Neighborhood Watch is and how it can benefit your neighborhood.

Neighborhood watch is a crime prevention program that:

I. Teaches citizens techniques to reduce the risk of being victimized at home and in public
A. Be aware of our surroundings at all time
B. Park in well-lit areas-avoid shortcuts
C. Don’t carry much cash
D. Have your keys in your hands
E. Keep windows rolled up and doors locked
F. Teller machines-use at active location during day or go with someone else
G. Leave room at stops to maneuver your car
H. Don’t draw attention to yourself
I. Consider a mobile phone or a CB radio
J. Bump and Rob
K. Copy your VIN and tag number and keep in wallet
L. Never leave your car running, even at your own home

II. Train citizens on the importance of recognizing suspicious activities and how to report them
A. Someone screaming or calling for help
B. Someone looking into windows and parked cars
C. Unusual noises
D. Property being taken out of houses where no one is home, or out of closed businesses
E. Vehicles moving slowly or with no apparent destination or with lights out
F. Anyone being forced into a vehicle
G. A stranger sitting in a car or talking to a child
H. Abandoned cars
I. Call 862-8600 or 911 in an emergency

III. How to secure homes and properly identify property

A. Check your locks
 1. Deadbolts
2. Double cylinder deadbolts
B. Secure sliding glass door
1. Commercial locks
2. Broomstick or wooden dowel
3. Screws along upper track
C. Check your windows
D. Check your doors
E. Check the outside
1. Shrubs and trees
2. Lighting
3. Padlock exterior buildings

IV. Learn neighbors’ routines in order to identify suspicious activity

A. Know their family
B. Their habits
C. The cars they drive
D. Their phone numbers at work and at home
E. Their pets
F. Any medical problems that they have

Knowing these aspects will allow you to respond accurately and quickly to any emergency
V. Become a cohesive body of concerned citizens and begin to address other issues that concern your
entire community

The benefits of a Neighborhood Watch Program are as follows:

1. Reduces the risk of becoming a crime victim
2. Being better prepared to respond to a suspicious activity
3. Provides greater access to criminal information
4. Knowing your neighbors
5. Reducing the fear of crime and making your neighborhood livable
6. Allowing other issues of our community to be addressed

The Role of Citizens and Youth in Crime Prevention

The role of the Police in society is the protection of citizen’s through the enforcement of Laws and
Prevention of criminal activities. This goal cannot be accomplished without the aid of the very citizens we
set out to protect. Without the help of citizens, the police would be powerless to stop crime. The citizen
therefore plays a vital role in the enforcement of laws and crime prevention.

The role of the citizen is that of witness, prosecutor and crime prevention. Without the reporting of
criminal activity, the police would only be able to combat crime that takes place in their presence. In many
cases the police must rely on the citizen to prosecute the criminal. This occurs when certain offenses are
committed in the presence of a witness. For many crimes the police can only prosecute the criminal if they
observed the criminal act. In this case the citizen can obtain warrants, thereby giving the police the power
to arrest the criminal on the outstanding warrant. The criminal is prosecuted by the citizen, with the aid of
police. This reliance on the citizen also carries over into crime prevention.
The Citizen’s Role in Crime Prevention
The police must have the assistance of the public to prevent criminal activity. This comes in the
form of a) tips to police regarding criminal activity, b) Citizen and police partnerships devoted to the
prevention of criminal activities for small geographic areas. I.E., Neighborhood Watch programs, c) Citizen
support of programs that give alternatives to youth, such as the police athletic league, police youth music
program and police explorers programs.

The Role of Youth in Crime Prevention

The role of youth in law enforcement is also that of witness, prosecutor and crime prevention.
Crime knows no age, socio-economic or geographical boundaries. The youth of America must therefore
take a firm stand by reporting criminal activity when it is observed. The role of youth in prevention of crime
is two-fold. You must be active in neighborhood activities of all types, including Neighborhood Watch.
Remember that it is your neighborhood and be proud of helping others around you. Report suspected
criminal activities. Ban together with your peers to have a support group when you are tempted by others
into criminal activities or drug use. It is easier to stand up if you are not alone and supported by your
friends. Take part in local youth functions that interest you, whether it be music, sports, theater or any
number of interests.

How to Report a Crime

There are several ways to report a crime. When a violent or felonious crime is observed the
witness should immediately call the hotline number of the police. It is important to note that the witness may
be crucial in the prosecution of this crime. Give as much information as possible to the 911 operator and
the investigating officer at the scene of the crime.
When a misdemeanor or non-violent crime is to be reported, or the criminal act has already
occurred. The witness should use the non-emergency number to the police department. In Metropolitan
Nashville this number is 862-8600. This allows the witness to report the crime while leaving the 911 line
open for emergencies. The police will still make a report and investigate the crime. It is important to note
that a non-emergency caller using the 911 line will be told to call the non-emergency number to report the
crime.
The third way to report a crime is to remain anonymous. This is useful in cases where the witness
is fearful of retaliation by the suspect. The anonymous reporting of crime is accomplished by using the
Crime Stoppers Hotline 74-CRIME. The caller is given a crime stopper ID number and all information is
kept confidential. You may also receive a monetary award for up to 1,000.00 for information leading to
arrest and conviction, in some cases. It is important to note that information given in this manner must be
supported with evidence by the police. This makes some crimes harder to prosecute since no witnesses
have come forward to help the police with prosecution. However, the information gained by this type of
reporting, once corroborated by police often leads to arrest in very serious cases.

3.c Arrest the Suspect

This defines the statutory power of every policeman as a means of discouraging the would - be
criminal offender. The consequence of arrest and prosecution has deterrent effect intended to discourage
crime or unlawful act. It also lessens repetition by causing suspects to be incarcerated and it’s provides an
opportunity for the reformation to those convicted. This activity is likewise include the recovery of stolen
property in order to restrain those who are accessories to the crime and to those benefiting from the grain
of crime.

ARREST
All arrest should be made only on the basis of a valid Warrant of Arrest issued by a competent
authority, except in cases specified under the Doctrine of Citizens Arrest (Sec. 5, Rule 113. Rules on
Criminal Procedures).
Arrest is the actual restraint of the person to be arrested or by his submission to the custody of the
person making the arrest. No violence or unnecessary force shall be used in making an arrest, and the
person to be arrested shall not be subjected to any greater restraint than is necessary for his detention.

TIME OF ARREST
As a general rule, arrests may be made on any day at any time of the day and night.

MODES OF ARREST
An arrest may be made by virtue of warrant of arrest, or without a warrant has herein after
provided.

EXECUTION OF WARRANT
The head of the office to which the warrant of arrest has been delivered for execution shall cause
the warrant to be executed within ten (10) days from the receipt. Within ten (10) days after the expiration of
such period, the officer to whom it was assigned for execution shall make a report to the judge who issued
the warrant and, in case of his failure to execute the same, shall state the reasons therefore.
ARRESTS BY VIRTUE OF A WARRANT OF ARREST
a. It shall be duty of the officer executing the warrant to arrest the accused without unnecessary
to delay and deliver him to the nearest police station or jail
b. When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested
of the cause of the arrest, except when he flees or forcibly resists before the officer has the
opportunity to so inform him or when the giving of such information will imperil the arrest. The
officered not have the warrant in his possession at the time of the arrest but after the arrest, if
the person arrested so requires, the warrant shall be shown to him as soon as practicable.

DUTIES OF ARRESTING OFFICER IN CASE OF ARREST WITHOUT WARRANT

a. the arresting officer shall inform the subject or suspect, in the dialect or language known to
him, why he is being arrested, and of his right to remain silent and to have a counsel of his own
choice, to be inform of his authority and the cause of the arrest, unless the person to arrested
is then engaged in the commission of the offense or is pursued immediately after its
commission or after and escapes: or flees or forcibly resist before the officer has the
opportunity to so inform him, or when the giving of such information will imperil the arrest.
b. The arrested person shall be delivered to the proper authorities without unnecessary delay and
within the time prescribed in Article 125 of the Revised Penal Code, as amended ((12,18, or 36
hours as the case may be).
c. If the person arrested without a warrant waive his right to remain silent under the provision of
Article 125 of the Revised Penal Code and opts to give a statement and present evidence for
 his defense, the arresting officer shall ensure that the waiver made by the person arrested shall
be in writing and in the presence of hid counsel choice.

PHYSICAL EXAMINATION OF ARRETSED PERSON/SUSPECT

Immediately after the arrest of a person ordered arrested by the court, or a suspect under
investigation, he should be subjected to a physical examination by a medico-legal officer or, in the absence
of such medico-legal officer, by any government physician in the area. Prior to his release or any change of
custody, the suspect shall also be physically examined.

PROHIBITIONS
No torture, force, violence, treat, intimidation, or any violence which violates the free will shall be
used against a suspect. Secret detention places, solitary confinement (incommunicado) or other similar
forms of detention shall be prohibited.

How arrest be made?

1. As a general rule, the arrest of a person should always be made through a warrant of arrest issued
by a judge.
2. Without warrant, under the circumstances justifying a warrantless arrest.
2.a. A peace officer or a private person may affect an arrest without a warrant. These are;
a. when the person to be arrested has committed, is actually committing, or is attempting to commit
an offense in the presence of the arresting person.
b. when an offense has in fact just been committed, and the arresting person has personal
knowledge of the facts indicating that the person to be arrested has committed it; and
c. when the person to be arrested is an escape prisoner or a fugitive from justice.
2.b Court Order – when the judge orders to arrest such person inside the court in violation of
orders from the court or in the prosecution of an offense.
2.c Operation “Kapkap”
3.d. Refer the case and suspects to the public prosecutor.
4. Detain an arrested person for the period not beyond what is prescribed by law, informing the person so
detained of all his rights under the Constitution.

If a person has already been arrested, what are his/her rights?

If already arrested, the person has the following rights;
a. To remain silent and to be assisted by a competent and independent lawyer of his/her choice in
any interrogation;
b. Not to be subjected to torture, manhandling, intimidation, deceit, promises of reward or
leniency of any means (drugs, hypnosis, etc.) that vitiate or weaken his/her free will;
c. To be brought before a court as soon as possible but not later than:
- 12 hours after arrest for a light offense,
- 18 hours after arrest for a less grave offense,
- 36 hours after arrest for a grave offense
d. To make a formal complaint if he/she has been denied counsel, forced to confess, or
manhandled, tortured or intimidated;
e. To be released on reasonable bail, unless he/she has been charged with a crime punishable
by death and evidence of his/her guilt is strong;
 f. If the arrest is through a warrant, the person arrested has the right to be informed of the cause
of his/her arrest, and be allowed to see, read and examine the warrant of arrest.

Does a person under detention possess rights?

Yes. His/her rights are:
a. To treated as a human being;
b. To due process which comprises the right to be informed of the written regulations governing
the detention centers, not to be punished for any act except in accordance with these
regulations, to be subjected to only such punishment for breaches of discipline as are the least
restrictive means to maintain order and security in the detention center, and not to be
subjected to corporal punishment or confinement in a dark cell or total isolation.
c. To receive visits from his/her family, friends and lawyers;
d. To practice his/her religion;
e. To adequate food and, if he/she desires, to produce food outside through the administration of
the detention center or through the family and friends;
f. To wear his/her own clothing unless he/she has none, in which case the detention
administration shall supply it, but such clothing must be different from that supplied to convicts;
g. To healthful accommodations, with sufficient light and ventilation, and adequate sanitary and
bathing facilities.
h. To a separate bed with sufficient beddings;
i. To at least one hour daily outdoor exercise;
j. Not to be complied to work unless he/she wishes to;
k. To competent medical and dental service, and to be treated by his/her own doctor or dentist if
there is a reasonable need for it and he/she or his/her family or friends will pay for it;
l. To be furnished with or to procure reading and writing materials;
m. To be kept separate from convicts serving sentence;
n. To a speedy and impartial public trial.

What are the rights of an accused at the trial?

In all criminal prosecution, the accused shall have the following rights during trial;
a. To be presumed innocent until the contrary is proved beyond reasonable doubt;
b. To be told what he or she is being charged with and what acts he or she has committed;
c. To be assisted by a competent and independent counsel of his or her own choice;
d. Not to be compelled to be a witness against himself/herself;
e. To confront the witness against him/her;
f. To have compulsory process issued to secure the attendance of witnesses and the production of
evidence on his/her behalf;
g. To have full opportunity to present his/her defense;
h. Not to be placed twice in jeopardy for the same offense;
i. Not to be sentenced to pay an excessive fine nor to suffer cruel for inhuman punishment;
j. To have the right to appeal in all cases allowed and, in the manner, prescribed by law.
5. Issue licenses for possession of firearms and explosives in accordance with law.
6. Supervise and control the training and operations of security agencies and issue license to operate
security agencies, and to security guards and private detectives, for the practice of their professions;
and
7. Perform such duties and exercise all other functions as may be provided by law.

SEARCH AND SEIZURES:

SEARCH WARRANT DEFINED
It is an order in writing issued in the name of the people of the Philippines, signed by a judge and
directed to a peace officer, commanding him to search for any property described therein and bring it
before the court.

REQUISITES FOR ISSUANCE OF SEARCH WARRANT

A search warrant shall be issued only upon probable cause in connection with one specific offense
to be determined personally by the judge after examination under oath or affirmation of the complainant
and the witnesses he may produce and particularly describing the place to be researched and things to be
seized.
The following are the things to be seized:
a. Properties which are the subject of the offense;
b. Stolen, embezzled proceeds, or fruits of the offense;
c. Objects including weapons, equipment, and other items used to intend to be use as the means
of committing an offense.
d. Objects that are illegal per se plain view.

APPLICATION GIVEN TO OFFICERS IN THE CONDUCT OF RESEARCH

All applicants for the search warrant shall approve by the duty designated officer. The application
shall be recorded in the logbook. The application shall indicate the following data:
a. office applying for the search warrant;
b. name of officer-applicant
c. name of the subject if known;
d. address/places to be search;
e. specific statement of things/ articles to be seized; and
f. sketch of the place to search.

AUTHORITY GIVEN TO OFFICERS IN THE CONDUCT OF SEARCH

(SEC 7& 13, RULE OF THE 2000 RULES FO PROCEDURES AS AMENDED)
In the conduct of search, if after giving notice of this purpose and authority the officer is refused
admittance to the place of search, he may break open any outer and inner door or window or any part of
the house or anything therein to execute the warrant to liberate himself or any person lawfully aiding him
when unlawfully detained therein.

PROHIBITED ACTS IN THE CONDUCT OF SEARCH

a. Houses, rooms, or other premises shall not be searched except in the present of unlawful
occupant thereof or any member of his family or in the absence of the latter, in the presence of
two (2) witnesses of sufficient age and discretion residing in the same locality.
b. Lawful personal properties, papers and other variables not specifically indicated or particularly
described in the search warrant shall not be taken.
RECEIPT FOR THE PROPEERTY SEIZED
The officer seizing property by virtue of the warrant shall give a detailed receipt for the same to the
unlawful occupant shall, in the presence of at least two (2) witnesses of sufficient age and discretion
residing in the same locality, leave a receipt in the place in which he found the seized property in the
absence of the lawful owner.

Valid Warrantless Searches and Seizure

SEARCH MADE INCIDENTAL TO AVALID ARREST

Moreno vs. Ago Chi, 12 439, 442 (1909) “An officer making lawful arrest by virtue of a warrant or
under the Doctrine of Warrantless arrest may take from the person
Arrested any money or property found upon his person which was used in the commission of the crime or
was the fruit of the crime or which might furnish the prisoner with the means of committing violence or
escaping or which maybe used in evidence in the trial of the case….”

SEARCH OF MOVING VEHICLES

Carroll vs. United States, 267 U.S. 132, 153, (1925) says “… the guaranty of freedom form
unreasonable searches and seizures in construed as recognizing a necessary difference between a search
of the dwelling house or other structure in respect of which a search warrant may readily obtained and a
search of ship, motorboat, wagon, or automobile for contraband goods, where it is not practicable to secure
a warrant, because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant
be sought..”

SEIZURE OF GOODS CONCEALED TO AVOID DUTIES

Uykheytin vs. Villareal, 166 U.S. 746 (1886), Papa vs. Mago, 22 SCRA 857 (February 28,1968);
Pacis vs. Pamaren, 56 SCRA 16 (march 15, 1974).

SEIZURE OF EVIDENCE IN PLAIN VIEW

Haris vs. United States,390 U.S. 234, 236 (1968) says that any object “falling in the plain view are
subject to seizure and may be introduced as evidence.”

WHEN THERE IS WAIVER OF THE RIGHT OR THERE IS CONSENTED SEARCH

De Garcia vs. Locsin, 65 Phil. 689, 694-5 (1938) says. “it is well settled that to constitute a waiver
of a constitutional right, it must appear, first that the right exists: secondly, that the person involve have
knowledge, either actual or constructive, of the existence of such right; lastly, that said person had an
actual intention to relinquish the right.” Thus, where the accused voluntarily surrendered his gun, he cannot
claim illegality of the seizure. People vs. Agbot, 106 SCRA 325, 331 (l-37654, July 31, 1981)

INVESTIGATION

Etymology shows that the term investigation came from the Latin word vestigare which means:
1. to track or trace or probe
2. to observe or study closely
3. to inquire into something systematically
4. to search for truthful information

Ultimately, it was derived from the word vestigium (footprint). In simplest connotation, investigate
means to take a look and see what happened. In a more detailed definition, investigate means to carry out
a meticulous examination or inquiry, usually in official manner, to discover something or somebody.

Criminal Investigation
It is the process of seeking all facts associated with a crime to determine the truth: what happened
and who is responsible for a criminal incident.

It is the collection and analysis of facts about persons, places and things subject of a crime to
identify the guilty party, locate the whereabouts of the guilty party and provide admissible evidences to
establish the guilt of the person/s suspected to have committed a crime.

It is a lawful search for people and things useful in reconstructing the circumstances of a crime and
the mental state accompanying it.

It is also a branch of jurisprudence that applies the theories, principles an time tested practices of
philosophical analysis, arts and sciences in judicial and extra-judicial proceedings.

It is an art, as well as a science which deals with the identification and location of the (suspected)
offender and the provision of evidence of his guilt in a criminal proceeding.

Three-Fold Aim of Criminal Investigation

1. to identify the guilty party
2. to apprehend the guilty party
3. to provide evidences of his guilt
Cardinal Principles of Criminal Investigation
Tools of Criminal Investigation

A. Information- the general term referring to the knowledge acquired by criminal investigators from various
sources; the aggregation of news, circumstances, situations, media reports and intelligence summary. It is
the key tool in criminal investigation.

Intelligence Summary- A summary report containing highly significant information that can be used by
criminal investigators in planning operations on how to apprehend suspected criminals.

Classical Systems of Gathering Information

1. French System- A practice of obtaining information that relies heavily in buying information.

2. English System- A practice of gathering information that relies more on information provided voluntarily
or willingly.
Methods of Obtaining Information

1. On open sources- 99% of the information collected are coming from open sources

Overt Intelligence- the gathering of information or documents procured openly without regard as to whether
the subject becomes knowledgeable of the purpose

2. On close sources- 1% of information comes from close sources

Covert Intelligence- the secret procurement of information, which is obtained without the knowledge of the
person or persons safeguarding vital intelligence interest

Persons as Sources of Information

Informant- one who voluntarily provides information without any pay

Informer- one who provides information in exchange for something

Informant Net-a controlled group of people who works through the direction of an agent handler

Assets-people selected as sources of information which could be voluntary or in consideration of a price

B. Interview- the simple and friendly questioning of a person who possesses knowledge or information
which is vital in the investigation process
C. Interrogation- the vigorous and aggressive questioning of a person suspected of having committed an
offense or of a person who is reluctant or unwilling to make a full disclosure of information in his
possession.