Intro To Phil Crim Justice System Module 1

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COURSE MODULE DCPC COLLEGE OF CRIMINOLOGY

DON CARLOS POLYTECHNIC COLLEGE


MODULE 1 - Prelim (Week 1 to 4)

University Logo

Criminology Department
CLJ 101: Introduction to Philippine Criminal Justice System
Semester of A.Y. 2020-2021

Introduction

The everyday life of every Filipino naturally revolves around our criminal justice system. Living a normal life
means abiding by the laws, rules and regulations, and at the same time enjoying the rights and protection
afforded to him or her as citizen of our democratic country, by the Constitution. Accordingly, a person who goes
beyond the bounds of the law is expected to face the consequences of his or her action and go through the
process of the criminal justice system.

The Criminal Justice System in the Philippines is a modified version of the American Justice System. The
Philippine Criminal Justice System is comprised of the following pillars: Law Enforcement, Prosecution, Court,
Correction, and Community. This is an innovation of the American Justice System where it only has three
pillars, namely, Law Enforcement, Court, and Correction. Prosecution and Community pillars are included in
our justice system because they play a vital role in crime prevention and criminal justice process.

Rationale

Studying the Philippine Criminal Justice System will arm the students with the basic knowledge of how the
justice system of our country revolves. This subject will encourage the students to learn by heart the concept and
methods our criminal justice system as future members of the Philippine National Police.

Intended Learning Outcomes

At the end of the lesson, students will be able to:


 Learn the pillars of our justice system and their respective functions;
 learn the cycle and concept of our justice system;
 identify and understand its problems; and
 Determine the possible solutions.

Activity
Review:

What is crime?
What is criminal?
What is justice?
What is due process?
Discussion

CHAPTER ONE

AN OVERVIEW OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

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The Philippines, like any other country that function under a system of a democratic society, operates its
criminal justice system aparatus whereby society identifies, investigate, accuses, tries, convicts, punishes, and
rehabilitates criminal offenders. Hence, the Philippines criminal justice system may be viewed in three
challenging perspectives, such as the following:

First, it asserts the idea of deterrence, the notion that the threat of sanctions can prevent crimes by creating a
fear of punishment for those who might break the law.

Second, it adheres to the principles of retribution, the idea that the criminal offenders deserve to suffer for
the harm they have done, and their punishment should be proportionate to the harm inflicted; and

Third, it support on the notion of behavioral change, which proposes that criminal sanction should aim to
reform convicted criminal offenders so that they will stay away for crime in the future.

Overall Crime Situation

Crime Threats

Crime continues to remain a significant concern in urban areas of the Philippines. According to the
Philippine National Police (PNP) Directorate for Investigation and Detective Management, theft,
physical assault, and robbery were among the most common crimes reported to local authorities in
2018. Other common crimes included pickpocketing, confidence schemes, and credit card fraud.
Carjacking, robberies, and violent assaults also occurred throughout the country.

The PNP reported, however, that the total volume of crime during the first half of 2018 had
dropped, and that the volume of index and non-index crimes decreased. The nationwide crime rate
dropped by 21.5% from July 2016 to June 2018 compared to the same period from 2014 to 2016,
according to PNP data. Crimes against persons such as physical injuries and sexual assault also
decreased.

Terrorism Threat
Terrorist organizations and criminal gangs continue to operate throughout the Philippines. Notable
groups include the New People’s Army (NPA), the Abu Sayyaf Group (ASG), and Jemaah Islamiyah
(JI). Elements within the two main insurgent groups, the Moro National Liberation Front (MNLF) and
the Moro Islamic Liberation Front (MILF), continue to pose a security threat. For more than a decade,
terrorists, insurgents, and criminal actors have carried out major attacks against civilians. Most of these
have occurred in southern and western Mindanao and on the islands of Basilan and Sulu.

In May 2017, insurgent organizations pledging to support ISIS seized and held Marawi City, on the island of
Mindanao. The siege led President Rodrigo Duterte to impose martial law in Mindanao, which covers
approximately one-third of the country’s land territory. Security forces ultimately cleared the city and eliminated
much of the terrorist leadership. During the “Battle of Marawi,” radical groups aligned with ISIS attacked,
occupied, and destroyed several key public buildings and took hostages as human shields. These groups
reportedly massacred and beheaded captive civilians. Immediately after the Marawi siege ended, some fighters
were believed to have escaped and splintered into smaller groups scattered across Mindanao. On December 12,
2018, the Philippines Congress voted to extend martial law in Mindanao through the end of 2019.

Drug-related Crimes

The production, trafficking, and consumption of illegal drugs is an ongoing concern, and has
become a priority issue for the government. Although an anti-drug campaign launched in 2016 has
focused primarily on arrests and enforcement operations, the government has indicated that it intends to
expand treatment and rehabilitation activities.
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Trafficking and abuse of methamphetamine remains the foremost drug-related problem, followed by
marijuana and, to a lesser extent, cocaine and MDMA/ecstasy. Transnational organized crime groups
exploit under-staffed and under-resourced law enforcement and a weak judicial system to establish
clandestine drug laboratories and import wholesale quantities of methamphetamines to supply the
domestic market. Authorities have raided meth laboratories throughout the country, including in major
urban centers like Manila. Penalties for drug-related crimes can be severe, ranging from 40 years to a
life sentence in prison for drug couriers. Additionally, proposed legislation under Philippine
congressional review is seeking to revive the death penalty for drug traffickers.

Unreported Crime Incidents

Survey manifest that out of 808 victims, only 262 (32.4%) victims reported the crimes to the police due to the
reasons that the victims perceived that the crime was not serious enough, lack of evidence, the suspect is
unknown or the witnesses would not cooperate. On the other hand, the reason of unreported sexual offenses are
shame or fear of reprisal.

The Criminal Justice System in Perspective

The Philippine Criminal Justice System, with all its flaws and imperfections, is still inherently ill-equiped to
handle the administration of justice and punishment of convict. The following features provides a perspectives
of our criminal justice system:

The investigation and prosecutorial process is still manifesting illegal methods and corrupt practices that
increase the risk of false convictions and executions. A study of Amnesty International on the country’s Criminal
Justice System reveals that the police officers continue to engage in illegalities of their, arrest, production of
evidences, search and seizures, torture and intimidation and coercion.

The judicial process is overloaded with the huge volume of cases which create a relatively high level of
corruption and recklessness in trial that raises the margin of errors in the administration of justice.

Criminal Behavior

The birth of a criminal or delinquent behaviour is a product of factors between man and his
environment:

1. Tendencies. The criminal tendencies of a person would come to develop if the material for committing a
crime is present.
 If a person possesses a gun or any deadly weapon, a great tendency would develop specially in his position
for him to be able to pursue his intentions and motives in committing a crime.

2. Situation. The situation is an invironmental factor that induces or invites an individual to commit a crime.
 If a person is in a situation wherein he meets face to face the man who raped and murdered his wife and
daughter, the situation in itself would speak and ignite the flaring fire of revenge and chances are, a crime
out of the product of vengeance would happen.

3. Resistance. If the person’s emotional, epiritual, moral, mental and physical or psychological being are
weak most likely he is prone to commit violations or could not follow certain social standards or rule of
conduct.
 If the person cannot control his being out of the temptation of his environment, no doubt that he will commit
a wrong. But if the person is strong and mature enough in his emotional, spiritual, moral, mental and
physical aspects of his life, most likely he will be able to control himself and evade to whatever temptations
that would come in various forms and perspectives.

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What is crime and Criminal?

Crime is an act committed or omitted in violation of a public law forbidding or commanding it.

A criminal is a person who committed or omitted an act which is in violation of law and thereby convicted
and punished for such violation of law.

What is Law? Why do we have Laws?

Law is is defined as a rule of conduct, just and obligatory. Promulgated by legitimate authority for common
observance and benefit.

The first and most significant purpose of law is to maintain order in society and to regulate human
interactions.

Developments of Laws

Early Filipinos had both forms of written and unwritten laws.

Written laws has been defined as the system of rules within a particular country, area or community, recognized
as binding and enforced by an authority, that has been collected and arranged using some system, often by
subject, and written in a book of such rules, a code; a statute.

Unwritten law consists of those customs, traditions, practices, usages, and other maxims of human conduct that
the government has recognized and enforced.

Two known wriiten codes during the pre-Spanish Era:

Maragtas Code – said to have been written about 1250 A.D. by Datu Sumakwel of Panay.
Kalantiao Code – written in 1433 A.D. by Datu Kalantiao also of Panay.

The Datu is the head of government unit which existed prior to the arrival of the Spaniards.

The first proposed constitution was the Liga Filipina Constitution by Dr. Jose Rizal, followed by the Biak-na-
Bato Constitution which was established on November 1, 1897 by Emilio Aguinaldo, Emilio Trias and others.

When the Spanish colonizers conquered the Philippines, the Spanish Codigo Penal was made applicable and
extended to the Philippines by Royal Decree of 1870. This was replaced with the old Penal Code which was put
in place by Spanish authorities, and took effect in the Philippines on July 14, 1876. This law was effective in the
Philippines until the American colonization of the Philippines. It was only on December 8, 1930, when it was
amended, under Act. No. 3815, with the enactment of the Revised Penal Code of the Philippines (the “Revised
Penal Code”).

The Revised Penal Code took effect on January 1, 1932. It is composed of two parts – Book One of the
Revised Penal Code provides the general provisions on the application of the law, and the general principles of
criminal law. It defines felonies and circumstances which affect criminal liability, justifying circumstances and
circumstances which exempt, mitigate or aggravate criminal liability, and defines the classification, duration,
and effects of criminal penalties. Finally, it provides for the extinction and survival of criminal and civil
liabilities in crimes.

Book Two of the Revised Penal Code on the other hand defines the specific crimes and the penalties
imposable for each crime. Crimes are classified into crimes against national security (such
as treason, espionage and piracy), crimes against the fundamental laws of the state (rebellion, coup
d'état, sedition and public disorders), crimes against public interest (counterfeiting of currency, falsification of
public documents), crimes against public morals, crimes committed by public officers, crimes against persons
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(parricide, murder, physical injuries, rape), crimes against security (kidnapping), and crimes against property
(robbery, theft), among others. Criminal negligence is also an offense under the Revised Penal Code. Under the
Revised Penal Code, acts and omissions punishable by law are called felonies. Thus, to be considered as a felony
there must be an act or omission.

Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for
their punishment.

Sources of Philippine Criminal Law.

1. The Revised Penal Code (Act No. 3815) and its amendments.

2. Special Penal Laws passed by the Philippine Commission,Philippine Assembly, Philippine Legislature,
National Assembly, the Congress of the Philippines, and the Batasang
Pambansa.

3. Penal Presidential Decrees issued during Martial Law.

Inherent Powers of the State

The Inherent powers of the state are as follows:

1. Power of Taxation
2. Police Power
3. Power of Eminent Domain

Inherent defined:

As being inherent, it means that as long as the state exists, this power can never be taken away.

1. Power of Taxation – An inherent power of the state exercised through legislature, to impose burdens
upon subjects and objects within its jurisdiction, for the purpose of raising revenues to carry out the legitimate
objects of the government.

Nature:

An inherent power of the state exercised through the legislature.

Scope:

To impose burdens upon subjects and objects within its jurisdiction.

Purpose: For raising revenue to carry out the legitimate objects of the government

Revenue Objective – To build a just and human society and the establishment of a government under certain
ideals and aspirations.

Sumptuary Objective – An implement of the police power of the state for regulatory purposes. In this case,
it is used in furtherance of any government objective either as an incentive or deterrence. As an implement,
the generation of revenue is merely incidental or in furtherance thereof. (Lutz v. Araneta, 98 Phil 148).

Compensatory Objective – For social justice purposes or other purposes or other legitimate objectives of the
State, with a view to realize social justice, equitable distribution of wealth, economic progress and other
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similar objectives (Southern Cross Cement Corp. v. Cement Manufacturers Assoc. of the Phils, GR 158540)

2. Police power is the plenary power vested in the legislature to make, ordain, and establish wholesome and
reasonable laws, statutes and ordinances, not repugnant to the Constitution, for the good and welfare of the
people. This power to prescribe regulations to promote the health, morals, education, good order or safety,
and general welfare of the people flows from the recognition that salus populi est suprema lex – the voice
of the people is the supreme law.

Basis:

This power is based on the legal maxim “salus populi est suprema lex” (the voice of the people is the
supreme law). Every citizen of every community, in a civilized society must bear certain burdens imposed for
the good of all.

Note:

No right is absolute in the face of the common good.

Nature:

Police power is an attribute of sovereignty and founded on the obligation of the State to provide protection for
its citizens and the safety and good order of society.

Scope:

Police power is founded on which our social system rests and has for its object the improvement of social and
economic conditions affecting the community. It depends on the security of the social order, life and health of
citizens, comfort and existence in a thickly populated community, enjoyment of social life, and beneficial use
of property.

Requisites:

1. Interest of the public is general, not that of pa particular class

2. means used are reasonably necessary for the purpose, and not unduly oppressive upon individuals

The basic purposes of police power are:

a. to promote the general welfare, comfort and convenience of the people (ASSOCIATION OF SMALL
LANDOWNERS VS. SECRETARY, 175 SCRA 343; US VS. TORIBIO, 15 Phil. 85);

b. to promote and preserve public health (VILLANUEVA VS. CASTANEDA, September 21, 1987; DECS VS. SAN
DIEGO, 180 SCRA 533 [NMAT]; LORENZO VS. DIRECTOR OF HEALTH, 50 Phil. 595—apprehend and confine lepers in a
leprosarium)

3. Power of Eminent Domain – This is the right of the State to acquire private property for public use upon
payment of just compensation and observance of due process.

Basis:

It is based on genuine necessity and that necessity must be of public character. It must be reasonable and
practicable such that it would greatly benefit the public with the least inconvenience and expense to the
condemning party ad property owner consistent with such benefit.

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1. There must be taking of public property


2. It must be for public use
3. There must be just compensation
4. Due process of law must be observed in taking of the of property

The state has authority (police power) to:

- define/punish crimes
- lay down rules of criminal procedure

The right of prosecution and punishment for a crime is one attribute that by natural law belongs to the
state.

Characteristics of Criminal Law

1. GENERAL – criminal law is binding on all who live or sojourn in Philippine territory

2. TERRITORIAL – criminal laws undertake to punish crimes committed within Philippine


territory

3. PROSPECTIVE – a penal law cannot make an act punishable in a manner in which it was
not punishable when committed

Criminal Justice System in the Philippines

Criminal Justice System is defined as the machinery which the society uses in the prevention and control
of crimes. The process is the totality of the activities of the law enfocers, prosecutors, defense lawyers, judges
and corrections personnel, as well as those of the mobilized community in crime prevention and control.

It is a legal process adapted by a civilized society in the prevention and solution of crimes which is carried
on throught investigation and the person suspected thereof is taken into legal custody, prosecuted in a court of
law, and punished if found guilty, or acquitted if found innocent, provision being made for his / her correction
and rehabilitation.

THE FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM OF THE PHILIPPINES

1. Law Enforcement Pillar

The first pillar consist mainly of the Philippine national police (PNP). The work of the PNP is the prevention and
control of crimes, enforcement of laws and effecting the arrest of offenders, including the conduct of lawful
searches and seizures to gather necessary evidences so that a complaint may be filed with the Prosecutor’s
Office.

2. Prosecution Pillar

National Prosecution Service (NPS) is the prosecution arm of the government, the NPS which is under the
supervision and control of the Department of Justice runs a nationwide organization consisting of state
prosecutors, provincial prosecutors and city/municipal prosecutors tasked to undertake the investigation and
prosecution of cases involving violation of penal and special laws.
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                The NPS is mandated to maintain and upholds the rule of law through effective expeditious delivery of
prosecutorial services in order to enhance peace and order.  The members of the NPS are primarily tasked to
investigate and prosecute all criminal offenses defined and penalized under the Revised Penal Code and other
special penal laws.

Office of the Ombudsman is also under the prosecution pillars.

3. Court’s Pillar

The court plays a dual role in the Philippine Criminal Justice System – as participants and supervisor of the
latter’s process and dissension.  In its role as participants, the court determines for the guilt or innocence of the
accused.

                The courts are responsible for the trial process.  As supervisor, the court acts as important guardian of
human rights.

                  ROLE OF THE COURT

            1.    In its capacity as participant, the court must decide the culpability or innocence of the accused after
careful examinations of the records of the case after its trial on the merit.  If the, prosecution successfully proves
the guilt of the accused beyond reasonable doubt.  The court has no option but to render a decision convicting
the accused.  On the other hand, if the prosecution fails to show the guilt of the accused for insufficiency of
evidence he would be exonerated or acquitted and or release from prison if he is under detention unless he has
another pending case where he fails to post bail for his provisional release.

2.    As a supervisor, the court has a noble mission as a protector of human rights.  These rights refer “to
those rights which are inherent in our nature and without which we cannot live as human beings” (p. 4 Human
Rights Questions and Answers, United Nations, New York, 1987).  The main function of the courts is to
promote justice in order to obtain peace, satisfaction and happiness of the citizenry.  Corollary to this, the judge
should exhibit impartially in his decision to the contentment of all litigants.

4. Correction Pilar

                       The corrections pillar undertakes the information and rehabilitation of offenders for their eventual
absorption into the social and economic streams of the community, through institutional or community-based
programs.

                1.   The Bureau of Corrections, which is under the Department of Justice, is responsible for the
treatment and rehabilitation of national prisoners who are serving sentence of more than three (3) years.

                2.   The Provincial Detention and Rehabilitation Center (PRDC) are administered and supervised by
their respective provincial governments.  Inmates who are serving sentence from six (6) months and one (1) day
to three (3) years are confined in these jails.

3. The Bureau of Jail Management and Penology (BJMP) administer municipal and city jails, which is
under the DILG.  The inmates confined in these jails are serving sentence of not more than six (6) months of
imprisonment.

Correctional Agencies:

BUCOR – Bureau of Corrections


PPA – Parole and Probation Administration
BPP – Board of Pardon and Parole
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PDRC – Provincial Detention and Rehabilitation Center


C/MRC – City/Municipal Rehabilitation Center
RYRC – Regional Youth Rehabilitation Center

5. Community Pillar

Meriam Dictionary defined Community as a unified body of individuals such as:

a. The people with common interests in living in a particular area


b. A group of people with a common characteristic or interests living together within a larger society;
c. A body of persons of common and especially professional interests scattered through a larger society;
d. A group linked by a common policy;
e. An interacting population of various kinds of individuals (such as species) in a common location.

The fifth pilar has two-fold role:

1. To participate in law enforcement activities by being partners of the peace officers in reporting the crime
incidents, and helping in the arrest of the offender.

2. To participate in the promotion of peace and order through crime prevention or deterrence and in the
rehabilitation of convicts and their reintegration to society.

Rehabilitation takes place when the convict is serving his sentence. A convict may be paroled or may even
be placed on probation.

Under the concept of a participative criminal justice in the Philippines, public and private agencies as well as
citizens becomes part of the CJS when they participate and become involved with issues and activities related to
crime prevention.

      It is the unique feature of the Philippine Criminal Justice System to have the Community as its fifth
pillar.  The community in this context refers to the elements that are mobilized and energized to help authorities
in effectively addressing the law and order concern of the citizenry.

FUNCTIONS OF THE CRIMINAL JUSTICE SYSTEM (Memorize)

 To prevent and control the commission of crime;


 To enforce the law;
 To safeguard lives, individual rights, and properties;
 To investigate, apprehend, prosecute, sentence those who violated the rules of the society; and
 To rehabilitate convicts and reintegrate them into the community as law-abiding citizens.

HOW DOES THE CJS OPERATES?

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Chapter 2

THE POLICE: Nature and Function

Who are the police?

The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to
ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers
include arrest and the use of force legitimized by the state via the monopoly on violence. The term is most
commonly associated with the police forces of a sovereign state that are authorized to exercise the police
power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as
being separate from the military and other organizations involved in the defense of the state against foreign
aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usually public
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Law enforcement is only part of policing activity. Policing has included an array of activities in different
situations, but the predominant ones are concerned with the preservation of order. [ In some societies, in the late
18th and early 19th centuries, these developed within the context of maintaining the class system and the
protection of private property. Police forces have become ubiquitous in modern societies. Nevertheless, their role
can be controversial, as some are involved to varying degrees in corruption, police brutality and the enforcement
of authoritarian rule.

Members may be referred to as police officers, troopers, sheriffs, constables, rangers, 


peace officers or civic/civil guards. The word "police" is the most universal and similar terms can be seen in
many non-English speaking countries.

Numerous slang terms exist for the police. Many slang terms for police officers are decades or centuries
old with lost etymology. One of the oldest, "cop", has largely lost its slang connotations and become a common
colloquial term used both by the public and police officers to refer to their profession.

In a democratic society like the Philippines, law enforcement constitute one of the enduring pillars of the
criminal Justice System. And among the law enforcement agencies mandated to maintain the peace and uphold
the law is the philippine National Police (PNP) which is considered as the cutting edge of criminalities.

Historical Development of the Police

The history of the police is as old as society’s civilization. Man by natural instinctive drive always need
protection for his safety. Man’s first attemp to protect himself and his family is manifested through the
barricades placed at the entrance of their caves and communities and by possessing weapons.

The word “police” originated from the Greek word “politeia” meaning government of a city. Basically, the
word police is applied to civil officers and not necessarily policemen. The Romans changed the word slightly to
“politia”. The French changed the word to “police” and applied it to those persons who actually enforced the
law. The English borrowd the word intact from the French and used it to describe a law enforcement officer.

In the Philippines during the pre-Spanish era, the “cabeza de bararangay” was the head and leader of a
group of settlers. The discipline and punishment as well as the conduct of government was made by the
Barangay Head. As the group increased in number, the “cabeza” had to appoint certain trustwworthy people to
keep watch. These “eyes and ears” made to report to the Head, not only for their protection but for suspicious
outsiders infiltrating within the settlement. In 1712, the “Carabineros de
Seguridad Publica” was the first organized police force in the country.

The Royal Decree of December 20, 1892 changed the name into
“Cuerpo de Carabineros de Seguridad de Publica”. Their duties were the
prosecution of the law brekersand criminals, maintenance of peace, order and
security, watching and guarding the custom housees, rivers, sea coasts and
prevetion of the entry of the contraband.

THE PHILIPPINE NATIONAL POLICE

The Philippine National Police (Filipino: Pambansang Pulisya ng


Pilipinas, abbreviated PNP) is the armed civilian national police force in
the Philippines. Its national headquarters is at Camp Crame in Quezon
City, Metro Manila, and it has 191,000 personnel.
It is administered and controlled by the National Police Commission and is
part of the Department of the Interior and Local Government (DILG). Local
police officers are operationally controlled by municipal mayors. DILG, on
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the other hand, organizes, trains and equips the PNP for the performance of police functions as a police force
that is national in scope and civilian in character.
The PNP was formed on January 29, 1991 when the Philippine Constabulary and the Integrated National
Police were merged pursuant to Republic Act 6975 of 1990.

I. History

Passed on December 13, 1990, Republic Act No. 6975, the Department of the Interior and Local
Government Act of 1990 paved the way for a new era for Philippine law enforcement as the law ordered the total
merger of both the Philippine Constabulary and the Integrated National Police and formally created the
Philippine National Police. R.A. 6975 was further amended by R.A. 8551, the Philippine National Police Reform
and Reorganization Act of 1998, and by R.A. 9708. The R.A. 8551 envisioned the PNP to be a community- and
service-oriented agency.
On June 14, 2019, the PNP announced that the Counter-Intelligence Task Force will be replaced with the
Integrity Monitoring and Enforcement Group (IMEG).

II. Powers and Functions of the Philippine National Police

The PNP shall have the following powers and functions:

(a) Enforce all laws and ordinances relative to the protection of lives and properties;

(b) Maintain peace and order and take all necessary steps to ensure public safety;

(c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in
their prosecution;

(d) Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and
pertinent laws;

(e) 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;

(f) Issue licenses for the possession of firearms and explosives in accordance with law;

(g) Supervise and control the training and operations of security agencies and issue licenses to operate security
agencies, and to security guards and private detectives, for the practice of their professions; and

(h) Perform such other duties and exercise all other functions as may be provided by law.In addition, the PNP
shall absorb the office of the National Action Committee on Anti-Hijacking (NACAH) of the Department of
National Defense, all the functions of the present Philippine Air Force Security Command (PAFSECOM), as
well as the police functions of the Coast Guard. In order to perform its powers and functions efficiently and
effectively, the PNP shall be provided with adequate land, sea, and air capabilities and all necessary material
means of resources.

III. The PNP rank classification:

Police General
Police Lieutenant General
Police Major General
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Police Brigadier General 
Police Colonel
Police Lieutenant Colonel
Police Major
Police Captain
Police Lieutenant 
Executive Master Sergeant
Police Chief Master Sergeant
Police Senior Master Sergeant 
Police Master Sergeant
Police Staff Sergeant
Police Corporal
Patrolman/Patrolwoman

IV. OPERATIONAL PROCEDURES

a. Operational units

Within the PNP operational units there are:

1. Aviation Security Group (AVSEGROUP). This group provides security to all airports throughout the
country.

2. Special Action Force (SAF). This group is a mobile strike force or a reaction unit to augment regional,
provincial, municipal and city police force for civil disturbance control, internal security operations, hostage-
taking rescue operations, search and rescue in times of natural calamities, disasters and national emergencies
and other special police operations such as ant-hijacking, anti-terrorism, explosives and ordnance disposal.
On a special note, the PNP Air Unit is placed under the supervision of SAF.

3. Criminal Investigation and Detection Group (CIDG). This group monitors, investigates, prosecutes all crimes
involving economic sabotage, and other crimes of such magnitude and extent as to indicate their commission
by highly placed or professional criminal syndicates and organizations. It also conducts organized- crime –
control, all major cases involving violations of the revised penal Code, violators of SPECIAL LAWS
assigned to them such as Anti-hijacking, Anti-carnapping and Cyber crimes among others and atrocities
committed by Communist Party of the Philippines (CPP)/New People's Army (NPA)/National Democratic
Front (NDF).

4. Maritime Group (MG). This group is responsible to perform all police functions over Philippine territorial
waters, lakes, and rivers along coastal areas to include ports and harbors and small islands for the security and
the sustainable development of the maritime environment.

5. Intelligence Group (IG). This group serves as the intelligence and counter-intelligence op of the Crime
Operatives (SOCO) This group provides scientific and technical, investigative aide and support to the PNP
and other investigative agencies. It also provides crime laboratory examination, evaluation and identification
of physical evidence gathered at the crime scene with primary emphasis on medical, biological and physical
nature.

6. Police Security and Protection Group (PSPG). This group provides security to government vital installations,
government officials, visiting dignitaries and private individuals authorized to be given protection.

7. PNP Anti-Cybercrime Group (PNP-ACG). This Group is responsible for the implementation of pertinent
laws on cybercrimes and anti-cybercrime campaigns of the PNP.
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8. Police Community Affairs and Development Group (PCADG). This group undertakes and orchestrates
Police Community Relations program and activities in partnership with concerned government agencies, the
community, and volunteer organizations in order to prevent crime and attain a safe and peaceful environment.

9. Highway Patrol Group (HPG). This group enforces the traffic laws and regulations, promote safety along the
highways, enhances traffic safety consciousness through inter- agency cooperation concerning Police Traffic
Safety Engineering, Traffic Safety Education and Traffic Law enforcement functions and develops reforms in
the crime prevention aspect against all forms of lawlessness committed along National Highway involving
the use of motor vehicles.

10. Civil Security Group (CSG). This group regulates business operations and activities of all organized private
detectives, watchmen, security/agencies and company guard forces. It also supervises the licensing and
registration of firearms and explosives.

11. PNP Anti-Kidnapping Group (PNP-AKG). This Group serves as the primary unit of the PNP in addressing
kidnapping menace in the country and in handling hostage situations.

b. Non-operational Units.

1. Internal Affairs Service. The PNP created a national Internal Affairs Service (IAS) in June 1999. It is an
organization within the structure of the PNP and one of its tasks is to help the Chief institute reforms to
improve the image of the police force through assessment, analysis and evaluation of the character and
behavior of the PNP personnel. It is headed by the Inspector General.

2. Philippine National Police Academy. The Philippine National Police Academy is located at Camp Gen.
Mariano N. Castaneda, Silang, Cavite and is the premier training academy for the Philippine National
Police, Bureau of Jail Management & Penology and Bureau of Fire Protection.

3. National Operations Center (NOC). The National Operations Center (NOC) is at Camp Crame. Chief
Superintendent Constante Azares Jr., chief of the PNP-NOC, explained that "the NOC is the hub and nerve of
this facility."[11]

4. Divisional organization. Regional Police Offices manage and administer Police Stations within the
various regions of the Philippines, each of which include several provinces and independent cities. Each unit
exercises independent control over all police units within their areas of operation and attached units of the
PNP National Headquarters are ordered to assist these Regional Offices. The National Capital Region Police
Office is one such regional office.

V. CATEGORIES OF POLICE OPERATIONS

a. Public Safety Operation – includes Search, Rescue and Retrieval Operations, Fire Drills, Earthquake
Drills and similar operations that promote public safety.

b. Law Enforcement Operation – includes Service of Warrant of Arrest, Implementation of Search


Warrant, Enforcement of Visitorial Powers of the Chief, Philippine National Police and Unit
Commanders, Anti-Illegal Drugs Operation, AntiIllegal Gambling Operations, Anti-Illegal Logging
Operations, Anti-Illegal Fishing Operations, Anti-Carnapping Operations, Anti-Kidnapping Operations,
Anti-Cyber Crime Operations and similar operations that are conducted to enforce laws, statutes,
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executive orders and ordinances.

c. Internal Security Operation – includes Counter-Insurgency Operations, Counter Terrorist Operations


and similar operations that are conducted to ensure internal security.

d. Special Police Operation – includes Checkpoint Operation, Roadblock Operation, Civil Disturbance
Management Operation, Police Assistance in the Enforcement of Demolition Eviction Injunction and
Similar Orders, Police Assistance in the Implementation of Final Court Order and Order from Quasi-
Judicial Bodies, Hostage Situation, Visit Board Search and Seizure Onboard Marine Vessels and similar
police operations that are conducted by police units with specialized training on the peculiarity of the
mission or purpose.

e. Intelligence Operation – includes Surveillance Operation, Counter Intelligence, Intelligence Research,


Intelligence Assessment and similar police intelligence operation conducted to gather information related
to security, public safety and order.

f. Investigation Operation – includes Investigation of Crime or Incident, Administrative Investigation and


similar investigative work necessary to determine facts and circumstances for fi ling cases criminally or
administratively.

g. Scene of the Crime Operation (SOCO) – includes the processing of crime scene, technical and forensic
examination of evidences and similar scientifi c investigative assistance.

VI. RECRUITMENT AND TRAINING

The PNP conducts regular recruitment programs, depending on the annual budget. The entry level for non-
commissioned officers is the rank of Police Patrolman (for male recruits) or Police Patrolwoman (for female
recruits). The new recruits will undergo Public Safety Basic Recruit Course for six months, and a Field Training
Program for another six months. Prior to their actual duty, they are required to undergo the mandatory special
training of PNP SCOUT or PNP Special Counter-insurgency Unit Training course for 45 days to 5 months to
enhance them in militaristic/tactics for future assignment in the field whether in the Striking Force or in the
Police Station.
Commissioned officers for the Philippine National Police are from the  Philippine National Police
Academy as well as through "lateral entry" for specialized disciplines and requirements such as criminologists in
line-officers, lawyers, doctors, engineers, chaplain and other technical positions and also the rose-from-the-rank
personnel who have reached the qualifications to be a commissioned officer.

VII. RETIREMENT
A police officer has to retire from the PNP when they reach the mandatory retirement age of 56. Any
officer may opt to go on non-duty status at most three months before the date when they reach the mandatory
retirement age so they could prepare the pertinent documents for their retirement. While on this status they are
still considered as part of the police force and retains their ranking.

VIII. RULES OF ENGAGEMENT UNDER THE PNP OPERATIONAL MANUAL

a. Use of force during police operations

The excessive use of force during police operation is prohibited. However, in the lawful performance of
duty, a police officer may use necessary force to accomplish his mandated tasks of enforcing the law and
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b. Application of Necessary and Reasonable Force

During confrontation with an armed offender, only such necessary and reasonable force should be
applied as would be sufficient to overcome the resistance put up by the offender; subdue the clear and
imminent danger posed by him; or to justify the force/act under the principles of selfdefense, defense of
relative, or defense of stranger.

Factors to Consider in the Reasonableness of the Force Employed A police officer, however, is not
required to afford offender/s attacking him the opportunity for a fair or equal struggle. The reasonableness of
the force employed will depend upon the number of aggressors, nature and characteristic of the weapon used,
physical condition, size and other circumstances to include the place and occasion of the assault. The police
officer is given the sound discretion to consider these factors
in employing reasonable force.

c. Use of firearm during police operations

The use of firearm is justified if the offender poses imminent danger of causing death or injury to the
police officer or other persons. The use of firearm is also justified under the doctrines of self-defense, defense
of a relative, and defense of a stranger. However, one who resorts to self-defense must face a real threat on
his life, and the peril sought to be avoided must be actual, imminent and real. Unlawful aggression should be
present for self-defense to be considered as a justifying circumstance.

d. Procedures After an Armed Confrontation

Immediately after an armed confrontation, the officer who is in charge of the operation shall:

a. Secure the site of confrontation;


b. Take photographs;
c. Check whether the situation still poses imminent danger;
d. Evacuate the wounded to the nearest hospital;
e. Ensure that all persons who died on the spot are not moved from their original position;
f. Arrested suspects should be kept in isolation;
g. Conduct debriefing on all involved PNP operatives;
h. Submit After-Operations Report; and
i. Ensure psychological stress counseling for all involved PNP operatives

e. Use of Non-Lethal Weapon

When suspect is violent or threatening, and that less physical measures have been tried and deemed
inappropriate, a more extreme, but non-deadly measure can be used such as baton/truncheon, pepper spray,
stun gun and other nonlethal weapon to bring the suspect under control, or effect an arrest.

{/

f. Search and seizure

Requisites for the 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 presented. The search warrant shall
particularly describe the place to be searched and the things to be seized which may be anywhere in the
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The following properties may be the objects of a search warrant:

(1) Properties which are the subject of the offense;


(2) Stolen, embezzled proceeds, or fruits of the offense; and
(3) Objects including weapons, equipment, and other items used or intended to be used as the means of
committing an offense.

Objects that are illegal per se, even if not particularly described in the search warrant, may be seized under
the plain view doctrine

g. Validity of Search Warrant.

The warrant shall be valid for ten (10) days from date of issuance and may be served at any day within
the said period. Thereafter, it shall be void. If, in the implementation of the search warrant, its object or
purpose cannot be accomplished in one day, the search can be continued the following day, or days, until
completed, provided it is still within the ten (10)- day validity period of the search warrant.

If the object or purpose of the search warrant cannot be accomplished within the ten (10)-day validity
period, the responsible police offi cer conducting the search must fi le, before the issuing court, an application
for the extension of the validity period of said search warrant.

h. Time of Search

The warrant should be served during daytime, unless there is a provision in the warrant allowing
service at any time of the day or night.

i. Authority of Police Officers when Conducting Search

In the conduct of search, if after giving notice of his purpose and authority, the police officer is refused
admittance to the place of search, he may break open any outer or inner door or window or any part of a
house or anything therein to implement the warrant or liberate himself or any person lawfully aiding him
when unlawfully detained therein.

j. Valid Search and Seizures Without Search Warrant

1. Search made incidental to a valid arrest. A person lawfully arrested may be searched fordangerous
weapons or anything which may be used or which may constitute proof in the commission ofan offense,
without a search warrant. The warrantless search and seizure as an incident to a lawful arrest mayextend
beyond the person of the arrested to include thepremises or surroundings under his immediate control.

2. Search of moving vehicles. If the police officers who will conduct the search have reasonable or probable
cause to believe, before the search, that either the motorist is a law offender or they will fi nd the
instrumentality or evidence pertaining to a crime in the vehicle to be searched, the vehicle may be stopped
and subjected to an extensive search.

3. Seizure of evidence in plain view. Any object in the plain view is subject to seizure and may be introduced
as evidence.

k. Requirements under the Plain View Doctrine are:

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(1) The police offi cer must have prior justification for an intrusion or, otherwise, must be in a
position from which he can view a particular area;
(2) The discovery of the evidence in plain view is unintentional; or
(3) It is immediately apparent to the police offi cer that the item he observes may be
evidence of a crime,contraband, or is a valid subject of seizure.

l. When there is waiver of the right or there is consented search

To constitute a waiver of this constitutional right, it must appear, first, that the right exists; second, that the
person involved had knowledge, either actual or constructive, of the existence of such right; that said person
had an actual intention to relinquish the right.

m. Searches Under Stop and Frisk Rule

The police officer has the right to stop a citizen on the street, interrogate him, and pat him for weapons
whenever he observes unusual conduct which convinces him that a criminal activity exists.

n. Emergency and Exigent Circumstances

A search warrant could be validly dispensed with in cases of exigent and emergency situation, and the
police officers have reasonable grounds to believe that a crime is being committed, and they have no
opportunity to apply for a search warrant from the courts because the latter were closed.

o. Tipped Information

If the police officers have reasonable grounds to believe that the subjects are engaged in illegal
activities, the tipped information is sufficient to provide probable cause to effect a warrantless search and
seizure.

p. Inquest procedures

Commencement of Inquest. The inquest proceedings shall commence upon the presentation of arrested
person and witness/es by the police officer before the inquest prosecutor (Fiscal). The concerned police
officer shall also submit the following documents:

a. Affidavit of Arrest;
b. Statement(s) of the complainant(s);
c. Affi davit(s) of the witness(es) if any; and
d. Other supporting evidence gathered by law enforcement authorities in the course of their investigation of
the criminal incident involving the arrested person.

1. Documents to Be Submitted

The investigator shall ensure that, as far as practicable, the following documents shall be presented
during the inquest proceedings:

 Murder, Homicide and Parricide

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(1) Certifi ed true/machine copy of the certifi cate of death of the victim; and
(2) Necropsy Report and the certifi cate of Post-Mortem Examination, if readily available.

 Frustrated or Attempted Homicide, Murder, Parricide, and Physical Injuries Cases

(1) Medical Certifi cate of the complaining witness showing the nature or extent of the injury;
(2) Certification or statement as to the duration of the treatment or medical attendance; and
(3) Certificate or statement as to duration of incapacity for work.

 Violations of the Dangerous Drugs Law


(1) Chemistry Report or Certifi cate of Laboratory Examination duly signed by the forensic
chemist or other duly authorized offi cer;
(2) Machine copy or photograph of the buy-bust money;
(3) Inventory/list of property seized; and
(4) Affi davit of Poseur-Buyer/Arresting Offi cer.

 Theft and Robbery Cases, Violation of the AntiPiracy Law, Anti-Highway Robbery Law, and Violation
of the Anti-Fencing Law
(1) List/Inventory of the articles and items subject of the offense; and
(2) Statement of their respective value.

 Rape, Seduction, and Forcible Abduction with Rape Cases


(1) Medico-Legal Report (Living Case Report), if the victim submitted herself for medical or
physical examination;
(2) Statement of the victim/complainant;

 Violation of the Anti-Carnapping Law


(1) Machine copy of the certifi cate of motor vehicle registration;
(2) Machine copy of the current offi cial receipt of payment of the registration fees of the
subject motor vehicle; and
(3) Other evidence of ownership.

 Violation of the Anti-Cattle Rustling Law


(1) Machine copy of the cattle certifi cate of registration; and
(2) Picture of the cattle, if readily available.

 Violation of Illegal Gambling Law


(1) Gambling paraphernalia; and
(2) Cash money, if any.

 Illegal Possession of Firearms and Explosives


(1) Chemistry Report duly signed by the forensic chemist; and Photograph of the explosives,
if readily available; and
(2) Certifi cation from the Firearms and Explosives Office, Civil Security Group, PNP.

 Violation of the Fisheries Law


(1) Photograph of the confi scated fi sh, if readily available;
(2) Certification of the Bureau of Fisheries and Aquatic Resources; and
(3) Paraphernalia and equipment used in illegal fi shing.

 Violation of the Forestry Law


(1) Scale sheets containing the volume and species of the forest products confi scated,
number of pieces and other important details such as estimated value of the products confi scated;
(2) Certifi cation of the Department of Environment and Natural Resources/Bureau of Forest
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(3) Seizure Receipt.

q. Waiver of Rights
The inquest shall proceed unless the arrested person opts for a preliminary investigation by executing
the required waiver of rights under Article 125 of the RPC.

IX. GLOSSARY

 Buy Bust Operation – is an entrapment technique employed by a peace officer as an effective way of
apprehending a criminal in the act of the commission of the offense.

 Chain of Custody – the duly recorded authorized movements and custody of seized drugs or controlled
precursors and essential chemicals or plant sources of dangerous drugs or laboratory equipment at each stage,
from the time of seizure/confi scation to receipt in the forensic laboratory to safekeeping to presentation in
court and destruction. Such record, of movements and custody of seized item shall include the identity and
signature of the person who held temporary custody of the seized item, the dates and times when such
transfers of custody were made in the course of safekeeping and use in court as evidence and the fi nal
disposition.

 Child Abuse – refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:

1. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
2. Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a
human being;
3. Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
4. Failure to immediately give medical treatment to an injured child resulting in serious impairment of his
growth and development or in his permanent incapacity or death.

 Child in conflict with the law – refers to a child who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.

 Children – refers to persons below eighteen years of age or older but are unable to fully take care of
themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental
disability or condition.

 Conjugal Visit – refers to the visit of the spouse of the detainee for the purpose of fulfilling marital
obligation.

 Crime Scene – is the place from which most physical evidence associated with crime will be obtained.

 Crime Scene Investigation – is the conduct of processes more particularly the recognition, search,
collection, handling, preservation and documentation of physical evidence to include identifi cation of
witnesses and arrest of suspect at the crime scene.

 Custodial Investigation – investigation conducted by law enforcement officers after a person has been
arrested or deprived of his freedom of action. It includes invitation to a person who is investigated in
connection with an offense.

 Detainee/Detention Prisoner – refers to a person arrested due to the commission of a crime/offence by the
arresting unit for custodial investigation. It likewise includes person arrested for crimes which are heinous in
nature, against national security and high profi le crimes.
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 Detention – a restraint of personal liberty or deprivation of freedom of action in any significant manner.

 First Responder – refers to a Police Officer who is the first to arrive at the crime scene to provide initial
police actions on the information or complaint received.

 Hasty Checkpoint – is an immediate response to block the escape of lawless elements from a crime scene,
and is also established when nearby checkpoints are ignored or during hot pursuit operations. It is set up by
police personnel conducting mobile patrol on board a marked police vehicle, or those conducting ISO and
foot patrol operations within the vicinity/periphery of the national or provincial highways.

 High Risk Arrest – is the actual restraint of armed persons following a high-risk stop.

 High Risk Stop – is the actual stopping or accosting of armed and dangerous person or persons, aboard a
vehicle or on foot, including the power to use all necessary and legal means to accomplish such end.

 Hot Pursuit (Cross Jurisdictional Pursuit) –shall mean an immediate, recent chase or followup without
material interval for the purpose of taking into custody any person wanted by virtue of a warrant, or one
suspected to have committed a recent offense while fleeing from one police jurisdictional boundary to another
that will normally require prior official inter-unit coordination but which the pursuing unit cannot, at that
moment, comply due to the urgency of the situation.

 Immediate Family Members – shall refer to the detainee’s spouse, fiancé or fiancée, parent or child, brother
or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

 Imminent Danger – the danger is “imminent” if it is on the point of happening. It is not required that the
attack already begins, for it may be too late. (The Revised Penal Code, Book I, JBL Reyes).

The elements of imminent danger are the following:

1. Intent of the suspect to harm the policeman;


2. The capability of the suspect to harm the policeman or other persons; and,
3. Accessibility or the proximity of the suspect in harming the policeman and other persons.

 Inquest Proceedings – is the informal and summary investigation conducted by a public prosecutor (called
the inquest prosecutor) in criminal cases involving a person arrested, without the benefit of a warrant issued
by the court, and thereafter detained, for the purpose of determining whether or not the warrantless arrest is
valid, said arrested person should remain under custody, and be correspondingly charged in court.

 Investigator-on-Case (IOC) – is the police offi cer who determines the cause or motive of the crime,
identify and interview witnesses, and effects arrest of suspect/s.

 Man-made Critical Incident – refers to special events, acts of terrorism, destabilization and criminal
activities that require prompt implementation of police procedures or interventions to contain and mitigate the
incident as well as to normalize the situation.

 Maximum Tolerance – means the highest degree of restraint that the police, military and other peace
keeping authorities shall observe during a public assembly or in the dispersal of the same.

 Miranda Doctrine – a principle on the rights of a suspect from forced self-incrimination during police
interrogation as enshrined in the 1987 Philippine Constitution’s Bill of Rights (Article III, Sec. 12).

 Mug shot (or booking photograph) – it is a photograph of the suspect taken after one is arrested. The purpose
of the mug shot is to allow law enforcement agency to have a photographic record of the arrested individual
to allow for identification by victims and investigators. They may be compiled into a mug book or rogues
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gallery in order to help determine the identity of a criminal in highprofi le cases, mug shots may also be
published by the media.

 Pat-down Search – is a “frisk” or external feeling of the outer garments of an individual for weapons only.

 Police Checkpoint – a location where the search, which is duly authorized by the PNP, is conducted to
deter/prevent the commission of crimes, enforce the law, and for other legitimate purposes.

 Reasonable Suspicion – facts that, within totality of the circumstances, lead an officer to reasonably suspect,
or to have probable cause to believe, that criminal activity has been, is being, or is about to be committed.

 Scene of the Crime Operation (SOCO) – is a forensic procedure performed by trained personnel of the PNP
Crime Laboratory through scientifi c methods of investigation for the purpose of preserving the crime scene,
gathering information, documentation, collection and examination of all physical evidence.

 Search Warrant – is an order in writing issued in the name of the People of the Philippines, signed by a
judge and directed to a peace offi cer, commanding him to search for personal property described therein and
bring it before the court.

 Spot Check/Accosting – is the brief stopping of an individual, whether on foot or in a vehicle, based on
reasonable suspicion/ probable cause, for the purpose of determining the individual’s identity and resolving
the offi cer’s suspicion concerning criminal activity.

 Unlawful Aggression – refers to an attack amounting to actual or eminent threat to the life, limb, or right of
the person claiming selfdefense.

XI. PNP Patch/Logo

Lapu-Lapu Hero - The great Filipino hero of Mactan, the


prototype of the best and most noble in Filipino manhood who is the
symbol and embodiment of all the genuine attributes of leadership,
courage, nationalism, self-reliance and a people-based and people
powered community defense. The benevolent and heroic warrior who
derived added strength from a cohesive, determined and loyal people
is today a fitting symbol and a prototype as well of people power to
preserve our values, customs, traditions, way of life and the rule of law
thru a solidly community-based police system. Lapu-Lapu also
personifies for us today civilian constitutional authority.

Laurel - Green Laurel with 14 leaves, symbolizes the 14 Regional Commands. It is also a
symbol of the honor, dignity and the privilege of being a member of a noble organization where the call
to public service is par excellence a commitment to public trust.

Shield - The symbol of the Philippine Constabulary, the first National Police by virtue of Organic
Act No. 175, enacted by the Philippine Commission on 18 July 1901. The Philippine Constabulary for
the close to 90 years of service to the nation has performed with honor, professionalism and courage.
The PC has carved out a large part of the glorious pages of Philippine history, as attested by its
proudly and deservedly garnering 86 of the 92 "Medals of Valor" the highest honor that a grateful
Filipino nation can bestow on its gallant sons in the service of the Republic. Most appropriately
therefore, the Philippine Constabulary became the nucleus of the Integrated National Police in 1975 to
nurture the then embryonic concept of the nationalization of the country's local police forces.

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XI. PNP Badge

Service • Honor • Justice - Added distinct ideals for the


officers, men and women of the PNP to insure efficiency,
integrity, cohesiveness, camaraderie and equanimity to
enhance community acceptance and support to attain its
mission of peace keeping and law enforcement.

Sun - Symbolize the flowering, maturing and ultimate


realization of the glorious evolution of the PC/INP into a
National Police Organization - "national in scope and civilian in
character" - as enshrined in the 1986 Constitution. The
Traditional light rays which represents the fightingest provinces
whose ideals of courage and patriotism the members of the
National Police must possess.

Philippine Monkey Eating Eagle The National Bird - symbol of swiftness and ferocity,
power, courage and immortality.

PNP Shield - Symbol of protection of all citizens.

Three Stars - Stands for Luzon, Visayas and Mindanao which constitute the Republic's
Territorial Integrity over which the PNP must enforce the law and maintain peace and order
with professionalism, zeal and dedication in keeping with the highest ideals and traditions of
service to God, Country and People.

Eight Sun Rays - Represents the eight (8) provinces whose ideals of courage, gallantry
patriotism led to their revolt against Spain.

Lapu-Lapu - Symbolizes the bravery of the Philippine National Police.

Service, Honor, Justice - Service is the vibrant and cogent deeds and actions in response to
the needs and wants of the people in distress: Honor could be the overriding criterion and
consideration in the performance of their entrusted task or mission: and Justice dispensed to
everyone whatever is due to him without favoritism or discrimination of any sort

XIII. The National Police Commission

The National Police Commission (Filipino: Pambansang Komisyon ng Pulisya), abbreviated


as NAPOLCOM, is an attached agency of the Department of the Interior and Local Government responsible for
the administration and control of the Philippine National Police (PNP). It has the authority to administer police
entrance examination, to investigate police anomalies and irregularities, and to summarily dismiss erring police
officers.

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a. History

The NAPOLCOM traces its roots from the creation of the Police Commission (POLCOM)
under Republic Act 4864 (Police Act of 1966).[1] It was reorganized as the National Police Commission
(NAPOLCOM) in 1972.
The NAPOLCOM was under the Office of the President before being transferred to the Ministry of
National Defense in 1975 by virtue of Presidential Decree 765 (Police Integration Law).[5] In 1980, the
agency was returned to the Office of the President by Executive Order No. 1040.
In 1990, with the establishment of the Philippine National Police (PNP), the present NAPOLCOM was
created within the newly reorganized Department of the Interior and Local Government (DILG)
under Republic Act No. 6975.[8] The agency's authority was further strengthened and expanded by Republic
Act No. 8551, otherwise known as 'Philippine National Police Reform and Reorganization Act of 1998'.

b. Organization

The NAPOLCOM as a collegial body is composed of an ex-officio chairperson, four (4) regular
Commissioners, and the PNP Chief as ex-officio member, one of whom is designated by the President as the
vice-chairperson. The DILG Secretary is the ex-officio chairperson, while the vice-chairperson is the executive
officer of the Commission.
The ex-officio chairperson and four (4) Commissioners constitute the Commission Proper which serves as
the governing body of NAPOLCOM. The incumbent chairperson is DILG Secretary Eduardo M. Año.
The NAPOLCOM also has Disciplinary Appellate Boards and various Staff Services as well as seventeen
(17) Regional Offices which are strategically located in the different regional divisions of the country.

Exercise

This Exercise check is comprised of two types of questioning: the Identification and essay

Part I.

1. The birth of a criminal or delinquent behaviour is a product of factors between man and his invironment: the
statement is?

a. correct b. incomprehensible
c. incorrect d. none of them

2. In criminal behavior, ______________ would come to develop if the material for committing a crime is
present.
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CRAFTED BY RICO MANUEL LLB/ BUENAFLOR RC
COURSE MODULE DCPC COLLEGE OF CRIMINOLOGY

a. Situation b. Tendencies
c. Resistance d. nome of them

3. In criminal behavior, If the person’s emotional, epiritual, moral, mental and physical or psychological being
are weak most likely he is prone to commit violations or could not follow certain social standards or rule of
conduct. This criminal behavior is known as?

a. Situation b. Resistance
c. Tendencies d. None of them

4. In criminal behavior, _____________ is an invironmental factor that induces or invites an individual to


commit a crime.

a. Resistance b. Tendencies
c. Situation d. none of them

5. It is an act committed or omitted in violation of a public law forbidding or commanding it.

a. Arrest b. Law c. Crime d. Prosecution

6. It is a person who committed or omitted an act which is in violation of law and thereby convicted and
punished for such violation of law.

a. Suspect b. Arrested person c. Prisoner d. Criminal

7. The sources of Philippine criminal law are the following, except

a. Jurisprudence issued by the Supreme Court


b. The Revised Penal Code (Act No. 3815) and its amendments
c. Special Penal Laws passed by the Congress of the Philippines
d. Penal Presidential Decrees issued during Martial Law.

8. The state has authority (police power) to:

a. Declare martial law at the pleasure of the President


b. Define and punish crimes, and lay down rules of criminal procedure
c. Punish crimes by inflicting excessive suffering upon a person as revenge for the crime committed
d. Determine the guilt of the accused through inquest investigation

9. Criminal laws undertake to punish crimes committed within Philippine territory. This characteristic of
criminal law is known as

a. General b. Prospective c. Territorial d. Retroactive

10. Criminal law is binding on all who live or sojourn in Philippine territory. This
characteristic of criminal law is known as

a. General b. Prospective c. Territorial d. Retroactive

11. A penal law cannot make an act punishable in a manner in which it was not punishable when committed.
This characteristic of criminal law is known as?

a. General b. Prospective c. Territorial d. Retroactive


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CRAFTED BY RICO MANUEL LLB/ BUENAFLOR RC
COURSE MODULE DCPC COLLEGE OF CRIMINOLOGY

12. The correct order of the the Philippine Justice System is?

a. Community-Law Enforcement-Prosecution-Court-Correction
b. Law Enforcement-Prosecution-Court-Correction-Community
c. Law Enforcement-Court-Prosecution-Correction-Community
d. Community-Correction-Court-Prosecution-Law Enforcement

13. The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure
the safety, health and possessions of citizens, and to prevent crime and civil disorder, with an additional
power to determine the validity of arrest. The statement is?

a. totally correct b. partially correct c. totally incorrect d. incomprehensible

14. The PNP is the armed __________ national police force in the Philippines.

a. military b. para-military c. civilian d. NGO

15. the PNP is administered and controlled by the

a. Department of the Interior and Local Government


b. Commission on Human Rights
c. National Police Commission
d. Department of Justice

16. Local police officers are operationally controlled by municipal vice-mayors.


The DILG organizes, trains and equips the PNP for the performance of police functions as a police force that
is national in scope and civilian in character.

a. Both sentences are correct


b. The first sentence is correct while the second sentence is incorrect
c. The first sentence is incorrect while the second sentence is correct
d. Both sentences are incorrect

17. The PNP was formed on January 29, 1981. The reorganization was marterialized when the Philippine Army
and the Integrated National Police were merged pursuant to Republic Act 6975 of 1990.

a. Both sentences are correct


b. The first sentence is correct while the second sentence is incorrect
c. The first sentence is incorrect while the second sentence is correct
d. Both sentences are incorrect

18. The powers and functions of the PNP include:

a. conduct litigation
b. conduct preliminary investigation
c. conduct inquest proceeding
d. investigate and prevent crimes

19. Under what branch of the government police power is vested

a. Executive b. Legislative c. Judiciary d. None of them

20. The basic purposes of police power are:


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CRAFTED BY RICO MANUEL LLB/ BUENAFLOR RC
COURSE MODULE DCPC COLLEGE OF CRIMINOLOGY

a. To enforce the law, prevent and control crimes


b. To arrest offenders and rehabilitate them before sending them to the community.
c. to promote the general welfare, comfort and convenience of the people
d. None of the above.

Part II Essay.

1.Discuss the role of the police or law enforcement in our criminal justice system.

Assessment

Written and/or online quiz


(to be announced).

Reflection

95% of the students will be able to absorb the lesson while 5% may require remedial classes.

Resources and Additional Resources

.laptop
Smartphone
Reference book/ reviewer

Additional Resources:

Google links
1. https://www.osac.gov/Country/Philippines/Content/Detail/Report/d3be3560-6b42-4c0d-a621-15f4aea87572
2. https://www.slideshare.net/mariacarlinecabizares/presentation1-15219003
3. https://en.wikipedia.org/wiki/Philippine_criminal_law#:~:text=When%20the%20Spanish%20colonizers
%20conquered,Philippines%20on%20July%2014%2C%201876.
4. https://www.brainscape.com/flashcards/introduction-to-criminal-law-4083080/packs/6095891
5. https://batasnatin.com/law-library/political-and-public-international-law/constitutional-law/719-police-
power.html#:~:text=Police%20power%20is%20the%20plenary,and%20welfare%20of%20the%20people.
6. http://youwerenoteventhere.blogspot.com/2011/08/second-pillars-of-pcjs-is-prosecution.html
7. http://youwerenoteventhere.blogspot.com/2011/08/third-pillar-of-pcjs-is-courts.html
8. https://www.pnp.gov.ph/images/Manuals_and_Guides/pop_manual_2013-1.pdf
9. https://www.unafei.or.jp/publications/pdf/RS_No53/No53_27PA_Corpuz.pdf
10. https://pia.gov.ph/branches-of-govt#:~:text=The%20Judicial%20branch%20evaluates%20laws,and
%20instrumentality%20of%20the%20government.
11. https://www.lawteacher.net/free-law-essays/criminal-law/criminal-liability-may-be-partially-or-totally-
extinguished-law-essay.php
12. https://www.unafei.or.jp/publications/pdf/RS_No67/No67_09PA_Alvor.pdf
13. https://en.wikipedia.org/wiki/Bureau_of_Jail_Management_and_Penology
14. https://en.wikipedia.org/wiki/Bureau_of_Corrections_(Philippines)
15. https://www.bjmp.gov.ph/about.html
16. http://youwerenoteventhere.blogspot.com/2011/08/fifth-pillar-of-pcjs-is-community.html
27
CRAFTED BY RICO MANUEL LLB/ BUENAFLOR RC
COURSE MODULE DCPC COLLEGE OF CRIMINOLOGY

Prepared by: RICO E. MANUEL, LL.B./BUENAFLOR

Don Carlos Polytechnic College


-Course guide-

Criminology Department
CLI101: Introduction To Philippine Criminal Justice System

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CRAFTED BY RICO MANUEL LLB/ BUENAFLOR RC
COURSE MODULE 1st Semester of A.Y. 2020-2021
DCPC COLLEGE OF CRIMINOLOGY

Course Description Credit Units: 4

This course provides an introduction to the criminal justice system. The primary goal of this course is to develop a
general understanding of the criminal justice system’s response to crime in society. This course will serve as an
overview or survey of the structure of the criminal justice system. It will introduce students to the components of
the criminal justice system – police, prosecution, courts, corrections, and the community. It will prepare students to
enter into more advanced courses that address each individual component extensively.

Course Outcomes

Upon completion of this course, the successful student will be able to:  

1.The student will become knowledgeable about the basic elements of Police organization and processes,
Prosecution processes, Court organization and processes, Correction processes and the community.
2.The student will critically analyze the issues pertaining to crimes and their consequences.
Course Outline

General Topics

Module 1:

Title 1 – An Overview of the Philippine Criminal Justice System

Title 2 – The Police

Course Materials

RUBRICS
JOURNAL
SYLLABUS
GOOGLE Links
FACEBOOK
YOUTUBE( FOR RESEARCH PURPOSES)

Study Schedule

WEEK TOPICS ACTIVITY


Week 1: August 24-28, An Overview of the Criminal IDENTIFICATION AND ESSAY
2020 Justice System
Week 2: August 31- Sept. 4, An Overview of the Criminal IDENTIFICATION AND ESSAY
2020 Justice System
Week 3: Sept. 7-11, 2020 The Police IDENTIFICATION AND ESSAY
Week 4: Sept. 14-18, 2020 The Police IDENTIFICATION AND ESSAY
The Police / Rule 113 of the IDENTIFICATION AND ESSAY
Week 5: Sept. 21-25, 2020 Revised Rules of Criminal
Procedure
Week 6: Sept. 28- Oct 02, IDENTIFICATION AND ESSAY
The Prosecution
2020
Week 7: Oct 05-09, 2020 The Prosecution IDENTIFICATION AND ESSAY
Week 8: Oct 12-16, 2020 The Prosecution IDENTIFICATION AND ESSAY
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CRAFTED BY RICO MANUEL LLB/ BUENAFLOR RC
COURSE MODULE DCPC COLLEGE OF CRIMINOLOGY
Week 9: Midterm Examinations
(October 19-23, 2020)
Week 10: Oct 26-30, 2020 The Court IDENTIFICATION AND ESSAY
Week 11: Nov 02-06, 2020 The Court IDENTIFICATION AND ESSAY
Week 12: Nov 09-13, 2020 The Court IDENTIFICATION AND ESSAY
Week 13: Nov 16-20, 2020 Corrections IDENTIFICATION AND ESSAY
Week 14: Nov 23-27, 2020 Corrections IDENTIFICATION AND ESSAY
Week 15: Nov 30- Dec 4, Corrections IDENTIFICATION AND ESSAY
2020
Week 16:Dec 7-11, 2020 Corrections IDENTIFICATION AND ESSAY
Week 17: Dec 14-18, 2020 Community IDENTIFICATION AND ESSAY
Week 18: Final Examinations
(DECEMBER)

Course Requirements

Attendance: during submission


Quizzes, and Assignments
Presentation/projects/written reports
Midterm and final examination
RUBRICS( VIDEO PRESENTATION)

Grading System

GRADE PERCENTAGE DESCRIPTION


1.00 98-100% EXELENT
1.25 95-97% VERYGOOD
1.50 92-94% VERY GOOD
1,75 88-91% GOOD
2.00 85-87% GOOD
2.25 82-84% AVERAGE
2.50 80-81% FAIR
2.75 76-79% POOR
3.00 75% PASSING
5.00 74% BELOW FAILED

REFERENCES:
Gerry J. Cano
Porferio C. Madelo Jr. Ph.D.
PNP Revised Operational Procedure Handbook
Menrado Valle-Corpuz
Google links
1. https://www.osac.gov/Country/Philippines/Content/Detail/Report/d3be3560-6b42-4c0d-a621-
30
CRAFTED BY RICO MANUEL LLB/ BUENAFLOR RC
COURSE MODULE 15f4aea87572
DCPC COLLEGE OF CRIMINOLOGY

2. https://www.slideshare.net/mariacarlinecabizares/presentation1-15219003
3. https://en.wikipedia.org/wiki/Philippine_criminal_law#:~:text=When%20the%20Spanish
%20colonizers%20conquered,Philippines%20on%20July%2014%2C%201876.
4. https://www.brainscape.com/flashcards/introduction-to-criminal-law-4083080/packs/6095891
5. https://batasnatin.com/law-library/political-and-public-international-law/constitutional-law/719-police-
power.html#:~:text=Police%20power%20is%20the%20plenary,and%20welfare%20of%20the
%20people.
6. http://youwerenoteventhere.blogspot.com/2011/08/second-pillars-of-pcjs-is-prosecution.html
7. http://youwerenoteventhere.blogspot.com/2011/08/third-pillar-of-pcjs-is-courts.html
8. https://www.pnp.gov.ph/images/Manuals_and_Guides/pop_manual_2013-1.pdf
9. https://www.unafei.or.jp/publications/pdf/RS_No53/No53_27PA_Corpuz.pdf
10. https://pia.gov.ph/branches-of-govt#:~:text=The%20Judicial%20branch%20evaluates%20laws,and
%20instrumentality%20of%20the%20government.
11. https://www.lawteacher.net/free-law-essays/criminal-law/criminal-liability-may-be-partially-or-
totally-extinguished-law-essay.php
12. https://www.unafei.or.jp/publications/pdf/RS_No67/No67_09PA_Alvor.pdf
13. https://en.wikipedia.org/wiki/Bureau_of_Jail_Management_and_Penology
14. https://en.wikipedia.org/wiki/Bureau_of_Corrections_(Philippines)
15. https://www.bjmp.gov.ph/about.html
16. http://youwerenoteventhere.blogspot.com/2011/08/fifth-pillar-of-pcjs-is-community.html

Instructor’s Contact Details

Prepared by: RICO E. MANUEL, LL.B./BUENAFLOR


Mobile Number: 09679504630
Email Address; [email protected]/[email protected]

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CRAFTED BY RICO MANUEL LLB/ BUENAFLOR RC

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