REVIEWER IN CRIMINAL JUSTICE SYSTEM
CRIMINAL LAW
CHARACTERISTIC OF CRIMINAL LAW
SOURCES OF CRIMINAL LAW
- Revised penal code (Contains crime)
- Special penal law (1987 constitution)
- Presidential decrees ( During Marcos regime or Martial law)
WHAT IS CRIMINAL
- A criminal is any person who has been convicted by a final judgement in a court of law of the
crime charge against him/her beyond reasonable doubt.
WHAT IS VICTIM
- The one who offended part or the one who suffers injury or harm caused by an act of another
person is what we called “Victim”.
CIVIL LAW
DIFFERENCE OF BOOK 1 AND BOOK 2
Book ONE contains basic principles affecting criminal liability including criminal law and civil law. On the
other hand book TWO defines felonies, and corresponding felonies.
WHAT IS HABITUAL DELINQUENT
MALA INSE
- Inherently wrong or immoral/evil for example RAPE, MURDER, HOMICIDE and, ARSON.
NOTED: that good faith and luck of a criminal intent is an offense.
MALA PROHIBITA
- Immoral but there is certain law while it is called crime.
- Wrong because they are prohibited by the law.
“ An acts is not a criminal unless the mind of actor is criminal”
LAW ENFORCEMENT
PROSECUTION
COURT/JUDICIARY
CORRECTION
COMMUNITY
THEORIES IN CRIMINAL LAW
CLASSICAL SCHOOL
- Free will and purpose of penalty is for Retribution.
- Is the barbaric system of law punishment, and justice existed before French revolution.
- Cesare Beccaria who published an essay titled “ On crimes and punishment” that governs the
principle of “let the punishment fir the criminal”.
NEO-CLASSICAL
- It is the modification of the classical theories contends that children and lunatics cannot
calculate pleasure and pain and they do not possess free will, Thus should be exempted from
criminal punishments.
POSITIVIST SCHOOL
- Emerged from positive philosophy which applied scientific methods to explain criminal
behaviour.
UTILITARIAN THEORIES
- It’s all about human action calculated in accordance to their likelihood of bringing Happiness
( Pleasure) or unhappiness ( Pain).
- Connected to the Hedonism doctrine whose central idea is that pleasure is the main goal of life.
LAW ENFORCEMENTT: FIRST PILLAR
IMPORTANCE OF LAW ENFORCEMENT
- To prevent crime
- Maintain peace and order
- To enforce the law
FUNCTIONS OF LAW ENFORCEMENT
- To enforce the law
- To maintain peace and order
- To ensure public safety and internal security
- To investigate and prevent crimes
- Traffic supervision
- Exercise the general power to make an arrest, search and seizures in accordance to constitution
and pertinent laws.
BASES OF LAW NFORCEMENT IN THE PHILIPPINES
- Revised penal code
- Special penal laws
- Local ordinance
PNP AS THE PRIME MOVER OF PHILIPPINE LAW ENFORCEMENT
- Pnp as a prime mover of the Philippine law enforcement because they enforce the law by
securing and preventing it however, if someone violate the law they are the one who make an
arrest according to the due process. Indeed, they are the one who conduct lawful searchers and
seizure to gather necessary evident for those who violate the law and acts as a prime mover or
front liner of the criminal justice system.
MAJOR FUNCTIONS OF POLICE
- For crime investigation
- For traffic supervision
- For crime prevention
WHAT IS SEARCH WARRANT
WHAT IS SEARCH AND SEIZURE
- It is important because it is used as a procedure in many civil or common legal system specially
to the law enforcement by which the authorities who suspecting that a crime has been
committed that commence search of a person’s property to gather information or any relevant
evidence found connection to the crime. however, if the authorities search and seizure without
the consent of authority it is the violation of the right of a privacy of a person also if the
evidence is found without consent it can might be rejected by court procedures in which is a
motion to suppress the evidence under the exclusionary rule
NINE PRINCIPLES OF POLICING
POWERS, FUNCTIONS AND TERM OF THE OFFICE OF THE PNP CHIEF
WHAT IS COMMISIONED AND NON-COMMISIONED OFFICERS
The difference is non commissioned officer is the one who obtain their position or authority by
promotion through enlisted ranks or in what we call enlisted officers. In contrast, commissioned officer
usually refers to the enter directly from an academy from Philippine military academy, officer candidate
school, or officer training school or in what we called officers for those who rank lieutenant above.
GENERAL QUALIFICATIONS TO BE A MEMBER OF A PNP
Memorandum Circular No. 2013-004 in relation to Waivers of Initial Appointments
Sec. 19 Title IV [B] of Republic Act 8551 in relation to Mandatory Field Training Program for New
Members
Sec. 20 Title IV [B] of Republic Act 8551 in relation to Increased Qualifications for Provincial
Directors
Sec. 31 Title III [A] of Republic Act 6975 in relation to Appointment of PNP Officers and Members
Eligibilities of Police Officer 1
Sec. 33 of Republic Act 6975 in relation to Lateral Entry of Officers into the PNP
Sec. 34 of Republic Act 6975 in relation to Qualifications of Chief of City and Municipal Police
Stations
Attrition System
PNP Support Units
PNP Administrative Support Units
PNP Operational Support Units
Promotions System
Rationalized Promotion System
Promotion by Virtue of Position
Sec. 33 of Republic Act 8551 in relation to Types of Promotions
X`
Sec. 39 and 40 of Republic Act 6975 in relation to Retirement in the PNP
Sec. 51[a] and [b] of Republic Act 6975 in relation to Powers of Local Government Officials over
PNP Units or Forces
