-Law is that which is laid down, ordained, or established.

A rule ormethod according to which

phenomena or actions coexist or follow each other. (Black's Law Dictionary)

-Most of the laws are penal in nature. Penal laws are those acts of the legislature which prohibit certain
acts and establish penalties for their violations; or those that define crimes, treat of their nature, and
provide fortheir punishment. (Lacson v. Exec. Secretary, G.R. No. 128096, January 1999)

-Looking at the definition of penal law above, crime exists because of the law that prohibits it.

-As the Theory of Logomacy states, nullum crimen nulla poena sine lege Which means there is no
crime where there is no law punishing it.

-Laws are created in response to the conduct of human in the society. The states, as part of their police
power, have a large measure of discretion in creating and defining criminal offenses. (People v. Santiago,
43 Phil 120, 124) With that note, laws vary from country to courntry, city to city, municipality to
municipality, and barangay to barangay. Laws are not all the same since they matter on the intent of the
lawmaking body; the legislative branch of the government.

CONCEPTS OF CRIME, LAW, AND JUSTICE

The 1987 Philippine Constirution created the three great powers of the government, where one of the
basic repercussions is the separation of powers. They are also considered to be the branches of the
government. These are the following

1. Legislative branch consists of a Senate and a House of Representatives. Power to create laws lies in
this branch.

2. Executive branch- composed of the Office of the President. The President has the power to create
Presidential Decrees during Martial law, Executive orders, Proclamation numbers, and Administrative
Orders that have power and effect of laws.

3. Judicial branch-power to check and balance the constitutionalityof the laws created.

Limitation on the power of the lawmaking body to enact penal legislation. The Bill of Rights of the 1987
Constitution imposes the following Limitations:

1. No ex post facto law or bill of attainder shall be enacted. (Art. III, Sec. 22)

2. No person shall be held to answer for a criminal offense without due process of law. (Art. II, Sec. 14
[1])

Ex post facto law makes an act done before the passage of the law and which was innocent when done,
and punishes such an act.

Bill of Attainder is a legislative act which inflicts punishment without trial. Its essence is the substitution
of a legislative act for a judicial determination of guilt.
-The scope of Criminal Justice System is anchored on the violation of laws that are criminal in nature, It
could be a violation of public or municipal law or a special penal laws, The Revised Penal code (RPC) or
act no. 3815 is considered to be the public or municipal law in the Philippines.

-The code is called Revised Penal Code because it was a revision of the Old Penal Code of Spanish text.

-The revision is intended to incorporate and takes into consideration the existing conditions, the special
penal laws, and the rulings laid down by the Supreme Court. The committee that revised the Code was
created by Administrative Order no. 94 of the Department of Justice, dated October 18, 1927, composed
of Anacleto Diaz, as Chairman, Quintin Paredes, Guillermo Guevara, Alex Reyes, and Mariano H. de Joya
as members.

The RPC, as enacted by the Philippine Legislature, was approved on December 8, 1930 and took effect
on January 1, 1932.

Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides
for their punishment. (12 Cye. 129)

Sources of Philippine Criminal law

1. The RPC (Act no. 3815) and its amendment;

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

3. Penal Presidential Decrees issued during Martial law.

The following are the characteristics of Criminal law:

1. Generality-that the criminal law is binding to all persons who live or sojourn in the Philippines except
as provided in the treaties and laws of preferential application.

Example of a treaty or treaty stipulation as an exemption is the Visiting Forces Agreement (VPA).
Another exception from the operation of criminal law are the Sovereign and other chiefs of state,
ambassadors, ministers plenipotentiary, ministers residents, and charges d'affaires.

2. Territoriality- that the criminal law punishes crime committed within the Philippine territory with the
exception of Article 2, RPc Book 1.

3. Prospectivity-that the criminal law looks forward. It only punishes acts that are considered crime by
virtue of law.

Exception of prospectivity: Whenever a new statute dealing witn crime establishes conditions more
lenient and favorable to the accused, it can be given retroactive effect. Provided that the accused is not
a habitual criminal under Rule 5, Article 62, R.P.C. and when the new law expressly made inapplicable to
pending actions or existing causes of action. (Tavera v. Valdez, 1 Phil. 463, 470-471)
Go to the library and search for the book, The Revised Penal Code, Book 1, then, go to Article 2,
Application of Its Provisions. Read the enumerated 5 instances, indicating that our Criminal law will be
applied even if the act is committed outside the Philippine Territory.

Crime is an act committed or omitted in violation of public law.

Crime can be legally categorized as follows:

1. Offense -is an act or omission punishable by Special Penal Laws;

2. Felony is an act or omission punishable by Revised Penal Code;and

3. Misdemeanor or Infraction of Laws is an act or omission in violation of City, Municipal, or Barangay

Ordinance.

In ethical aspect, crimes are considered immoral. However, not all acts or omissions in violation of law
are against morality. Crime can be a Mala In se and Mala Prohibita/Prohibitum.

Mala In se is a Latin phrase which means, "wrong or evil."It is considered wrong even it there is no law
prohibiting it, But since the Philippines is a Civil law country, these wrongtul acts by nature must be
prohibited under a written law. Mala prohibita/prohibitum, on the other hand, is not wrong in itselt. It's
not wrong in nature. It becomes wrong because of the statute that proscribes it.

To have a better appreciation of the concept of crime, it will be a great help to study the two (2) most
common models of how society perceives which acts are criminal and which are not. These two (2)
models are the Consensus model and the Conflict model.

In Consensus model, society shares common beliefs and customs. They gather together and decide the
common norms to follow. Whoever deviates Irom the common norm will be considered a criminal. This
model believes that people can have common norms and can follow the shared belief.

The Conflict model, on the other hand, derives its laws from the group holding economic, political, and
social power in a community. These people decide which act is criminal and which act is not. According
to this, people of higher income, status, class, and age have the most impact in the criminal laws and are
able to levy their values than the rest of the community.

Take note of the following:

Act-any bodily novement tending to produce some effect in the external world. (People v. Gonzales,
supra

Omission-failure to do a positive duty which one is bound to do. (Luis B. Reyes RPC Book 1)

RA 9344 defines offense as any act or omission whether punishable under special laws or the Revised
Penal Code, as amended.
Felonies are acts and omissions punishable by the RPC. The act is performed or the omission is incurred
by means of dolo or culpa. (People . Gonzales, G.R. No. 80762, March 19, 1990, 183 SCRA 309, 324).

Felony by means of dolo (deceit) has the following elements:

1. He must have Freedom while doing the act or failing to do the act;

2. He must have Intelligence while doing the act or failing to do the

act; and

3. He must have Intent while doing the act or failing to do the act.

Example:

James, upon knowing of the arrival of Cathy, went to the latter's house. He brought with him afirearm
and started to fire the house because he was so angr

hat Cathy chose to marry another man.

Felony by means of culpa (fault) can be committed if the following requisites are present:

1. He must have Freedom while doing the act or failing to do the act;

2. He must have Intelligence while doing the act or failing to do the

act and

3. He is Imprudent, Negligent, Lacks foresight or skill while doing

or failing to do the act.

Example:

Glenda, while driving her car, did not see Manny passing through the pedestrian lane. She thus caused
the injury of Manny through her imprudence or lack offoresight.

Justice is the process or result of using laws to fairly judge and punish crimes and criminals. (Merriam-
Webster Dictionary)

Justice itself is one of the most difficult goals of any justice system. The reason for this is the different
concepts of every individual of what is justice and fairness. However, the state cannot just rely the
seeking of justice to the lndividual just to satisfy his owm thirst. This is so to avoid blood feud. The tool
or machinery of the state to prevent such is the Justice System. This is actually grounded on the concept
of justice based on what the state believes to be just for the general welfare of the people.
In the study of Criminology and Human Behavior, the victim's perspective in the commission of the
crime has also been studied.

Theory of Victimization deals with the role that the victim plays in the criminal event.

Benjamin Mendelson, the proponent of Victimology Theory, believes that situational factor is a reason
of victimization. The negligence of the person makes him a victim of the criminal situation.

In layman's viewpoint, any person who commits a crime is basically a criminal. However, in the
viewpoint of Criminal Justice System, the following are the terms used in every stage or level of the
justice system:

Law Enforcement

Persons of interest-if there are several suspicious persons

Suspect-when there is one suspected person left

Prosecution-Respondent

Court-Accused

Correction - Persons deprived of Liberty

Community-Ex-convict/Balik-bgyan

Case Scenario

John Doe was killed. Witnesses said that they saw Max. Manny, Rica, and Rose (Persons of Interest) at or
about the same time of the killing of John Doe. Later on, upon investigation, evidence pointed Max
(Suspect) as the one who perpetrated the crime. The aggrieved party filed a complaint against Max
(Respondent). Then the case reached the court where Max (Accused) was arraigned and the trial began.
Max (Convicted) was found guilty beyond reasonable doubt. He served his sentence in Davao Penal
Colony (Person deprived of Liberty) and he (Balik-bayan) was released after serving sentence

Victimless Crime

Victimless crimé is a crime against the law but that only harms the individual who consented to engage
it. (Sociologydictionary.org)

Example to this will be gambling8, prostitution, and recreational drug use.

Code of Hammurabi
This is considered as one of the first known bodies of law. It was promulgated by King Hammurabi who
ruled the ancient city of Babylon in around 2000 B.C. The Code of Hammurabi is a set of laws that was
engraved on stone tablets, which were aimed to establish property and other rights.

-The Code deals with the issues of theft, ownership, sexual relationships, and interpersonal violence. The
Code specifies a variety of corporal punishment, and even death.

Roman Law

-This was derived from the Twelve Tables, which was written in 450 B.C.

-These Twelve Tables were a collection of hasic rules related to family, religion, and economic life. The
tables are based on common and fair practices generally accepted among early tribes.

The Justinian Code consists of three (3) legal documents:

(1) the Institutes;

(2) the Digest;

(3) and the Code.

-The Justinian's code distinguished between two major legal categories! public and private laws.

Public law dealt with the organization of the Roman state, its senate, and governmental offices.

Private law concerned itself with the contracts, personal possessions, legal status of various types of
persons, and injuries to citizens. The civil and criminal law of today was infuenced by this Roman Law.

Common Law

lt had its origin in the early English society.

-Commonlaw is abody of early unwritten legal principles created from social customs, rules, and
practices common law was legal upon the officlal declaration that it was the law of the land by the
English King Edward the Confessor in the eleventh century, The authority of common law was further
reinforced by the decision of William the Conqueror to use popular customs as the basis for judicial
action following control over Britain in 1066 A.D

The Magna Carta (Great Charter)

This was signed on June 15, 1215 by King John of England.

The Magna Carta guarantees basic liberties for all British citizens. One specific provision of Magna Carta,
designed originally to prohibit the king from prosecuting the barons without just cause, was expanded
into the cocept of
"due process of law"-a fundamental cornerstone of modern legal procedure.

Magna Carta has then been called "the foundation stone of our present liberties."

Greek Laws

The Greek Law contributes to the Western thoughts about the law coming from the ideas of great
philosophers, such as Socrates, Plato, and Aristotle. Notions of justice profoundly influences legal
reasoning emerged from these Greek thinkers. The concept of impartiality and common law against
constructive law were regarded as early Greek contributions that remain significant to contemporary
society

Canon Law

Also called ecclesiastical law, Canon Law is the body of laws made by or adopted by ecclesiastical
authority in the 12th and 13th centuries for the government of the Christian organization and its
members. The impact of canon law propagated promptly at the moment the bishop instituted
themselves as transitory rulers upon the downfall of the Roman Empire in the West.

Germanic Law

The law of the Teutonic or Germanic tribes is a family of customary laws. The Germanie tribes verbalized
law tradition comprising of numerous features that could be viewed as democratic even though tribes
are linked with primordial elements of law and the code of boldness.

Philippine Laws

The early Filipinos have different forms of laws. These laws are written and unwritten laws.

- The written law is one that is written at adefinite time and process constituted or formed by the
legislatures.

The unwritten law, on the other hand, is the product of customs, traditions, and social culture of a
society. The legal decisions of unwritten laws are based on the forms of character. It is not classified and
written but it controls the behavior of the people living within that society.

In the early Filipino time, the written laws are formulated by the leader of the tribe known as "datus."
They are responsible in regulating the peace and order of their respective tribes.

The two known written codes in the pre- Spanish era are the Maragtas Code and the Kalantiao Code.
These written laws are based on their practices, customs, and traditions that have been practiced down
from one generation to another.

Maragtas Code
It is considered the oldest known written body of laws in the Philippines.

It has been said to be written in 1250 A.D. by Datu Sumakwel of Panay.

Kalantiao Code

-This Code was said to be the second oldest legal code in the Philippines.

-It was written in 1433 A.D. by Datu Kalantiao of Panay.

-In pre-Spanish time, the head ofthe government unit is the datu or rajah, or the sultan or hadji in some
places.

-The unit is composed of settlements or villages called barangay (named after Malayan word balangay
which means "boat" ) that consist of more or less 100 families.

The datu is also the chief executive, lawgiver, chief justice, and military head of the unit.

The criminal justice system is a machinery created by the government to deal with the problem or
existence of crime and criminality.

-It consists of officers, offices, institutions, and process for enforcement of public order.

Comparative criminal justice looks into the different model countries to investigate and evaluate a
national systerm of justice in terms of the criminal justice process, culture, and institutions.

United States Criminal Justice System

The United States legal system is inquisitorial in nature.

The United States Criminal Justice System is composed of three (3) components:

1. the law enforcement

2 the courts

3. corrections

- The law enforcement performs the arrest of the criminal.

-while the court is in charge of trial and imposition of the penalty if the accused was thereafter found
guilty.

-the corrections shall take over the criminal to serve his sentence

These three components

1.Law enforcement
2.Courts

3.corrections

These 3 work together for the same goal, which is to maintain the public order in the community.

Spain Criminal Justice System

Spain has a European Continental legal system, where the act or omission is prosecuted and penalized if
it is a violation of their penal law(nulum crimen sine lege, a pena sine lege). The judge shall carry out the
investigative stage of the penal process. The suspect benefits from a system of procedural guarantees.
Hearings are characterized by adversarial procedures, with a public attorney prosecuting on the basis of
findings of the investigating judge.

Singapore Griminal Justice System

The Singapore Criminal Justice System is composed of law enforcement, prosecution, courts, and
corrections.

-The legal system of Singapore is adversarial in nature.

The English common law was superimposed on the existing Malay customary and Muslim laws. The legal
system is borrowed heavily from the English laws like the Singapore Penal Code and Criminal Procedure
code.

China Criminal Justice System

The legal system of the People's Republic of China is typically Marxist.

The legislators in the People's Republic of China view laws, especially criminal law, as the tool of the
ruling dass.

In judicial activities, public security branches, people's procurates, and people courts have a division of
labor.

Public security branches are responsible for the investigation, detention, and preparatory examination
of criminal cases.

People's procurates are responsible tor approving arrest and conducting procuratorial work which also
includes investigation and initiating public presentation.

The People's courts are responsible for adjudication.

Criminal Justice System is a tool or machinery used by the society too prevent, control, and suppress the
commission of the crime and provide and maintain justice.

This is the major adjudication process of persons accused of the commission of the crime. This type of
justice is by nature a retributive one. This takes to punish persons who violated the laws in the form of
sentencing. This type of justice takes to penalize offenders because of the wrong act they have done The
form of punishment in this justice, unlike revenge, is not personal. In case of crime committed, the state
takes to represent offended party in the litigation to punish offenders. However, though the purpose is
to punish the wrong act done, the end point of this justice system is to reform and correct offenders.

The person accused of shall go through the process of this system and be held liable if guilty beyond
reasonable doubt. Guilty beyond reasonable doubt is the highest degree of proof needed in a criminal
case. This is so to protect the rights of the accused, which is provided in Article III of the 1987
Constitution. Every pillar in this system has different functions that should be properly carried out. Every
function is crucial in attaining the very goal of this system. Failure to effectively perform the job can be
equated to faiure of attaining justice.

The first pillar of Criminal Justice System is the Law Enforcement Pillar This is the prime mover of the
system, the first touch in the process.

Though the pillars are equally important, however, this pillar is very vital to the systern since failure to
carry out the function properly may cause the dismissal of the case.

This pillar involves different law enforcement agencies under the Executive branch of the government
such as the Philippine National Police (PNP), the National Bureau of Investigation, the Philippine Drug
Enforcement Agency, the Bureau of Customs, the Bureau of Immigration, and the Philippine Coast
Guard, to name a few. These agencies are under the Executive branch of the government, but the most
common law enforcement agency in this pillar is Philippine National Police. The latter responds to any
violation of the peace and safety in the community. PNP shall take the lead in the investigation
andgathering of evidence and information to use as evidence in court proceedings. They shall assist in
the prosecution of the offender.

The second is the Prosecution Pillar. This pillar is composed of public prosecutors tasked to evaluate the
evidence the police have gathered and decide whether itis sufficient to warrant the filing of charges
against the alleged violator.

When the aggrieved party filed complaint in the prosecution, and when the crime warrants preliminary
investigation, the public prosecutor shall conduct the investigation for the purpose of finding probable
cause.

If the latter believed that the crime had been committed, he shall then file information to the court.
This pillar is also under the Executive branch of the government.

Take note!
Complaint - it is a sworn Written statement chargng a person with an offense, subscribed by the
offended party and filed to any peace officer or public ofjicer in-charged with the enforcement of the
law. (Sec. 3, Rule 110, Revised Rules on Criminal Procedure)

Information- is an accusation in writing charging a person with an offense, subscribed by the fiscal and
filed with the court. (Sec. 4, Rule 110, Revised Rules on Criminal Procedure)

Preliminary Investigation- 15 an nquiry or proceeding for the purpose of determining whether there is
sufficient ground to engender a well-tounded belief that a crime cognizable by the Regional Trial Court
has been committed and that the respondent is probably guilty thereof, and should be held for trial.

Probable cause-a well-founded belief that a crime has been committed and the respondent is probably
guilty thereot, and should be held for trial. (Sec.1, Rule 112, Revised Rules on Criminal Procedure)

The Court is the third pillar This is under the Judiciary branch of the government. The court shall have
the power to hear and try the cases before it. The judge, upon receipt of complaint or information, shall
conduct investigation to determine probable cause for the issuance of warrant of arrest. (Sec. 2, Art.IIl,
1987 Phil Constitution)

Arrest is the taking of person into custody in order that he may be bound to answer for the commission
of an offense. (Sec. 1, Rule 113 of the Rules of Criminal Procedure)

Warrant ofArrest- a written order issued and signed by a magistrate, directed to a peace officer or some
other person specially named, and commanding him to arrest the body of a person named in it who is
accused ofan offense. (Black's Law Dictionary

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 officer, commanding him to search for personal properties described
therein and bring it before the court. (Sec. 1, Rule 126, of the Revised Rules on Criminal Procedure)

The fourth pillar is the Corrections. This pillar shall cater convicted felons. It is responsible for the
safekeeping and reformation of criminals.

The Corrections pillar shall assure that upon the release of the inmate, he is already reformed and ready
to be integrated in the community. Under this pillar, institutions that will provide services for convicted
persons are categorized generally based on the penalty. Inmate with three (3) years and one (1) day or
more will be placed in prison and the three (3) years and less in jail (RA 10575 and BJMP Manual,
respectively). Prisons or national penitentiaries are under the Bureau of Corrections which is under the
Department of Justice. Jails are under the Bureau of Jail Management and Penology, Department of
Interior and Local Government.

The last pillar is the Community, The purpose of this pillar is fundamentally geared toward the support
to the program of the Corrections.
When the ex-convict is reintegrated to the community, it is understood that he has been wholly
reformed and is ready to engage himself again. Thus, the community should accept and assist the
reformed individual to the new life.

Chapter 2

Lesson 1. Law Enforcement Agencies

Lesson Outcomes:

At the end of this lesson, you should be able to:

1. determine major law enforcement agencies in the Philippines and

2. understand the functions of these agencies.

The following are the types of arrest:

1. arrest by virtue of warrant and

2. warrantless arrest or "citizen's arrest

Arrest by Virtue of Warrant

When a warrant is issued by a judge, the warrant is delivered to the proper law enforcement agency for
execution. The head of the office to whom the warrant of arrest was delivered shall cause the warrant
to be executed within ten (10) days from its receipt. Within 10 days after the expiration of the period,
the officer to whom it was assigned for execution shall make a report to the judge who issued the
warrant. In case of failure to serve the warrant, he shall state the reason for its non-execution. (Sec. 4,
Rule 113, Rules of Court)

Arrest, as defined under Sec. 1, Rule 113 of the Rules of Criminal Procedure, is the taking of a person
into custody in order that he may be bound to answer for the commission of an offense. Arrest can be
with warrant or without warrant.

The purpose of arrestis for the court to have jurisdiction over the person of the accused for a specific
and delinite purpose of making him answer for the commission of an offense. 1ne court cannot try
unless the elements of jurisdiction are complied.

Section 2, Rule 113 of the Revised Rules on Criminal Procedure provides for the manner, tume, and
conauct o arresting a person whocommitted a crime. It states that:

Section 2. Arrest; how made. An arrest is made by an actual restraint of a 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. The person arrested shall not be
subject to a greater restraint than is necessary for his detention.

(Luz v. People, 667 SCRA 421, 429-430 and Pestillos v. Generoso, G.R. no0. 182601, November 10, 2014)

The above jurisprudence provides that actual force, manual touching of the body, or physical restraint
nor a formal declaration of arrest is neither required for arrest to exist. It is enough that there is an
intention on the part of one of the parties to arrest the other, and that there is an intent on the part of
the other to submit, under the belief and impression that submission is necessary

In case of a motorist that is flagged down for a traffic violation, he is not deemed to be "under arrest" at
the time that he was waiting for the traffic officer to write the citation ticket. The period before the
issuance of citation ticket is characterized merely as "waiting time" provided that there is no intent on
the part of the officer to take the motorist into custody. (Luz v. People, 667 SCRA 421, 433)

When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of:
(Section 7, Rule 113 of the Revised Rules on Criminal Procedure)

a) the cause of his arrest;

b) the officer shall inform the person to be arrested of the cause of arrest; and c)the fact that a warrant
has been issued for his arrest.

Exceptions:

When the person to be arrested flees or forcibly resists before the officer has the opportunity to so
inform him, or when the giving of such informationwill imperil the arrest.

In the arrest, take note that the officer need not have the warrant in his possession at the time of the
arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable.
(Section 7, Rule 113 of the Revised Rules on Criminal Procedure)

Legal Duties of an Arresting Officer by Virtue of Warrant of Arrest

1) to inform him of the reason for the arrest;

2) to show him the warrant of arrest, if any:

3) to inform him of his constitutional rights to remain silent and to counsel, that he is entitled to exercise
such rights, and that any statement he might make or declare can be used against him in a court of law;

4) to inform him of his constitutional right to conmunicate with his counsel, a relative or anyone he
chooses by the most expedient means-by telephone if possible, or by letter or messenger-who can assist
him while under arrest and detention;
5) it shall be the responsibility of the arresting officer to see to it that the foregoing are accomplished
(Morales, Jr. v. Enrile, 121 SCRA 538, People v. Galit, 135 SCRA 465, et al.); and

6) to deliver him to the nearest police station or jail (Sec. 3, Rule 113, Rules on Criminal Procedure)

Time of Making an Arrest

Section 6, Rule 113 of the Revised Rules on Criminal Procedure

Section 6. Time of making arrest. - An arrest may be made on any day and at any time of the day or
night.

Arrest without Warrant

Section 5, Rule 113 of the Revised Rules on Criminal Procedure

Section 5. Arrest without warrant; when lawful.

A peace officer or a private person may, without a warrant, arrest a person:

a. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense; (In flagrante delicto)

b. When an offense has just been committed and he has probable cause to believe, based on personal
knowledge of facts or circumstances, that the person to be arrested has committed it; and

C. When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another.

In cases falling under paragraph (a) and b) above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance
with Section 7 of Rule 112.

For a warrantless arrest of an accused caught in flagrante delicto to be valid, two (2) requisites must
concur:

1. The person to be arrested must execute an overt act indicating that he has just committed or is
actually committing, or

2.Such overt act is done in the presence or within the view of the arresting officer.

For paragraph (b) of Section 5, personal knowledge must not be infuenced by the past criminal record. It
must be that the offender had just committed the crime. That the person is in hot pursuit as
contemplated in the second paragraph.
Buy-bust operation or entrapment is an example of warrantless arrest through "in flagrante delicto."

Instigation -takes place when a police officer induces a person to commit a crime; without it the crime
would not be committed.

Entrapment- signifies the ways and means devised by a peace officer to catch or apprehend a person
who has committed a crime; with or without it the crime has already been committed.

Method of Arrest Without Warrant Duty of the Arresting Officer;Exception

Section 8. Method of arrest by officer without warrant. - When making an arrest without a warrant, the
officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the
latter is either engaged in the comumission of an offense, is pursued immediately after its commission,
has escaped, flees, forcibly resists before the officer has opportunity to so inform hirn, or when the
giving of such information will imperil the arrest.

Take note: Warrantless arrest is also known as Citizen's arrest. With that note, ary citizen could also
effect arrest.

Assistance to Effect Arrest

Section 10, Rule 113 of the Revised Rules on Criminal Procedure provides for the rule on assistance in
making the arrest.

Section 10. Officer may summon assistance. - An officer making a lawful arrest may orally summon as
many persons as he deems necessary

assist him in effecting the arrest. Every person so summoned by an officer shall assist him in effecting
the arrest when he can render such assistance without detriment to himself.

LAW ENFORCEMENT AGENCIES

Philippine National Police (PNP)

The PNP was created by virtue of RA 6975. It was approved on December 13, 1990 and effective on
January 1, 1991. The law was further amended RA 8551 and RA 9708. The two (2) latter laws only
amended certan provisions of Philippine National Police.

Section 1. Title of the Act.- This Act shall be known as the "Department of the Interior and Local
Government Act of 1990.

Section 23. Composition.- Subject to the limitations provided for in this

Act, the Philippine National Police, hereinafter referred to as the PNP, is hereby established, initially
consisting of the members of the police forces who were integrated into the Integrated National Police
(INP) pursuant to Presidential Decree No. 765, and the officers and enlisted personnel of the Philippine
Constabulary (PC). For purposes of this Act, the officers and enlisted personnel of the PC shall include
those assigned with the Narcotics Command (NARCOM) or the Criminal Investigation Service (CIS); and
those of the technical services of the AFP assigned with the PC and the civilian operatives of the CIS. The
regular operatives of the abolished NAPOLCOM Inspection, Investigation and Intelligence Branch may
also be absorbed by the PNP. In addition, a PC officer or enlisted personnel may transfer to any of the
branches or services of the Armed Forces of the Philippines in accordance with the provisions of Section
85 of this Act.

Section 24. Powers and Functions. - 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 fora 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 inaccordance 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.

Section 3. Section 12 of Republic Act No. 6975 is hereby amended to read as follows:

Section 12. Relationship of the Department (DILG) with the Department of National Defense.

The Philippine National Police shall, through information gathering and performance of its ordinary
police functions, support the Armed Forces of the Philippines on matters involving suppression of
insurgency, except in cases where the President shall call on the PNP to support the AFP in combat
operations.

Qualification for Entry to PNP

Section 14. Section 30 of Republic Act No. 6975 is hereby amended by RA 8551 to read as follows:
"SEC. 30. General Qualifications for Appointment.- No person shall be appointed as officer or member of
the PNP unless he or she possesses the following minimum qualifications:

(a) A citizen of the Philippines;

(b) A person of good moral conduct;

(C) Must have passed the psychiatric/psychological, drug and physical tests to be administered by the
PNP or by any NAPOLCOM accredited government hospital for the purpose of determining physical and
mental health;

(d) Must possess a formal baccalaureate degree from a recognized institution of learning

(e) Must be eligible in accordance with the standards set by the Commission;

(f)Must not have been dishonorably discharged from military employment or dismissed for cause from
any civilian position in the Government;

(g) Must not have been convicted by final judgment of an offense or crime involving moral turpitude;

(h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male and one meter and
fifty-seven centimeters (1.57 m.) for female;

(i) Must weigh not more or less than five kilograms (5 kgs.) from the standard weight corresponding to
his or her height, age, and sex; and

(j) For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age:
except for the last qualification, the above-enumerated qualifications shall be continuing in character
and an absence of any one of them at any given time shall be a ground for separation or retirement
from the service: Provided, That PNP members who are already in the service upon the effectivity of this
Act shall be given at least two (2) more years toobtain the minimum educational qualification and one
(1) year to satisfy the weight requirement.

(The period given by the law to satisfy the minimum educational qualification for in-service personnel
under this law which is at least two (2) years has been extended to five (5) years under RA 9708.)

"For the purpose of determining compliance with the requirements on physical and mental health, as
well as the non-use of prohibited drugs, the PNP by itself or through a NAPOLCcOM accredited
government hospital shall conduct regular psychiatric, psychological drug and physical tests randomly
and without notice."

"After the lapse of the time period for the satisfaction of a specific requirement, current members of the
PNP who will fail to satisfy any of the requirements enumerated under this Section shall be separated
from the service if they are below fifty (50) years of age and have served in Government for less than
twenty (20) years or retired if they are from the age of fifty (50) and above and have served the
Government for at least twenty (20) years without prejudice in either case to the payment of benefits
they may be entitled to under existing laws."

Rank Classification and Key Positions

Section 28. Rank Classification. For purposes of efficient administration, supervision and control, the
rank classification of the members of the PNP shall be as follows:

1.Director General

2.Deputy Director General

3.Director

4.Chief Superintendent

5.Senior Superintendent

6.Superintendent

7.Chief Inspector

8.Senior Inspector

9.Inspector

10.Senior Police Officer IV

11.Senior Police Officer 11

12.Senior Police Officer I1

13.Senior Police Officer I

14.Police Officer I11

15. Police Officer II

16.Police Officer 1

By virtue of RA 11200, approved on February 8, 2019, the rank classification has been changed to the
following

Section 1. Section 28 of Republic Act No. 6975, otherwise known as the "Department of the Interior and
Local Government Act of 1990," is hereby

amended to read as follows:

Section 28. Rank Classification. - For purposes of clarity of command and responsibility, and for the
effective and efficient administration, supervision and control, the rank classification of the uniformed
personnel of the PNP shall be as follows:

1.Police General

2.Police Lieutenant General

3.Police Major General

4.Police Brigadier General

5.Police Colonel

6.Police Lieutenant Colonel

7.Police Major

8.Police Captain

9.Police Lieutenant

10.Police Executive Master Sergeant

11.Police Chief Master Sergeant

12. Police Senior Master Sergeant

13.Police Master Sergeant

14.Police Staf Sergeant

15.Police Corporal

16.Patrolman/Patrolwoman

Section 2, RA 11200. The remaining provisions of Republic Act No. 6975, as amended by Republic Act
No. 8551, otherwise known as the "Philippine National Police Reform and Reorganization Act of 1998,"
that have reference to the rank classification of the uniformed personnel of the Philippine National
Police, and all other laws, executive orders, rules, and regulations inconsistent with the provisions of this
Act shall be deemed modified or repealed accordingly.

(NOTE: for succeeding sections under RA 6975, refer to Sec. 2 of RA 11200 above with reference to the
rank)

Section 29. Key Positions. - The head of the PNP with the rank director general shall have the position
title of Chief of the PNP. The second in command of the PNP with the rank of depury director general
shal be the Deputy Chief of the PNP for Administration. The third in command with the rank also of
deputy director general shall be the Deputy Chief of the PNP for Operations.

At the national office, the head of the directorial staff with the rank of deputy director general shall be
known as Chief of the Directorial Staff of the PNP

The heads of the various staff divisions in the directorial staff shall have the rank of director with the
position title of Director of the Directorial Staff of their respective functional divisions. The head of the
Inspectorate Division with the rank of chief superintendent shall assume the position title of Inspector
General. The heads of the administrative and operational support divisions shall have the rank of chief
superintendent.

The head of the NCR with the rank of director shall assume the position title of NCR Director.

The heads of the regional offices with the rank of chief superintendent shall assume the position title of
Regional Director.

The heads of the NCR district offices with the rank of chiefsuperintendent shall have the position title of
District Director

The heads of provincial offices with the rank of senior superintendent shall be known as Provincial
Director.

The heads of the district offices with the rank of superintendent shail have the position title of District
Director.

The heads of the nunicipality or city offices with the rank of chief inspector shall be known as Chief of
Police.

Authority to Appoint PNP Members

Section 31. Appointment of PNP Officers and Members. The appointment of the officers and members
of the PNP shall be effected in the following manner:

(a) Police Officer I to Senior Police Officer IV. Appointed by thePNP regional director for regional
personnel or by the Chief of the PNP for dhe national headquarters personnel and attested by the Civil
Service Commission.

(b) Inspector to Superintendent. - Appointed by the Chief of the PNP, as recommended by heir
immediate superiors, attested by the Civil Service Commission;

(c) Senior Superintendent to Deputy Director General. - Appointed by the President upon
recommendation of the chief of the PNP with proper endorsement by the Chairman of the Civil Service
Commission and subject to confirmation by the Commission on

Appointments; and
(d) Director General. Appointed by the President trom among the senior officers down to the rank of
chief superintenden in the service, subject to confirmation by the Commission on Appointments:
Provided, That the Chief of the PNP shall serve a tour of duty not to exceed four (4) years: Provided,
further, That, in times of war or other national emergency declared by Congress, the President may
extend such tour of duty.

Tenure of Ofice of PNP Officers in Respective Positions

National Bureau of Investigation (NB)

National Bureau of Investigation is a highly trained investigative body that is functionally integrated and
national in scope. This was created under RA 157 and Reorganized and Modernized under RA 10867. NBI
is under the Department of Justice, headed by Director that is appointed by the President with the rank,
salary, and privileges of that of Undersecretary. He is assisted by two (2) Deputy Directors, one for
Administration and another for Operations, and an Assistant Director for each of the following seven (7)
Services: Investigation Service, Intelligence Service, Human Resource and Management Service,
Comptroller Service, Forensic and Scientific Research Service, Legal Service, and Information and
Communications Technology Service.

No person shall be appointed Director unless he or she is a natural-born citizen of the Philippines and a
member of the Philippine Bar who has been engaged in the practice of law for at least fifteen (15) years,
preferably from within the ranks of Directors.

The Assistant Regional Directors to Deputy Directors shall likewise be appointed by the President of the
Philippines, coming from the ranks of the NBI, upon the recommendation of the Secretary of Justice.

No person shall be appointed Deputy Director or Regional Director unless he or she is a citizen of the
Philippines and a member of the Philippine Bar who has been engaged in the practice of law for at least
ten (10) years for the Deputy Director and for at least five (5) years for the Regional Director.

Section 8. Qualifications of NBI Agents.- The minimumqualifications of NBI agents are the following:

(a) Citizen of the Philippines,

(b) of good moral character

(c) Amember of the Philippine Bar or a holder of a Baccalaureate Degree who passed the necessary
government licensure examination relevant to the investigative functions of the NBI; and

(d) Successfully passed the competitive mental and physical examinations required by the NBI.
Section 9. Powers and Functions of Agents. - The agents of the NBI shall have the following powers and
functions:

(a) Undertake investigations pursuant to the mandate of the NBI;

(b) Conduct searches, arrests, and seizures in accordance with existing

laws, rules, and regulations;

(c) Take and require sworn statements of any person or persons so summoned in relation to cases under
investigation;

(d) Administer oaths in cases under investigation; and

(e) Such other functions as may be assigned by the NBI Director.

The National Bureau of Investigation has the following powers and functions

Section 4. Powers and Functions. -The NBI shall have the following powers and functions:

(a) Undertake investigation and detection of crimes and offenses enumerated under Section 5 hereof,

(b) Issue subpoena for the appearance of any person for investigation or production of documents,
through its officers from the ranks of Regional Director to Director:

(C) Act as a national clearing house of criminal records and other related information for the benefit of
the government;

(d) Render technical assistance to government agencies and instrumentalities, when so requested;

(e) Extend assistance in cases involving extradition and mutual legal assistance, when requested by the
Department of Justice;

(f) Establish an NBI Academy which shall be responsible for the recruitment, training, and development
of all NBI agents and personnel, among others;

(g)Establish and maintain a Forensic and Scientific Research Center which shall serve as the primary
center for forensic and scientific research in furtherance of scientific knowledge in criminal investigation,
detection, evidence collection and preservation, and provide the necessary training therefor

(h) Establish and maintain a Cyber Investigation and Assessment Center which shall serve as the nerve
center for computer information technologies, data on cybercrime cases, computer intrusion, threats,
and other related crimes or activities;

(i) Establish and maintain an integrated, comprehensive, and state-of the-art network of equipment and
facilities to be used by the NBI in its criminal investigation, detection, and evidence gathering, and to
provide the corresponding training in this regard;
(j) Request the assistance of the Philippine National Police (PNP), Armed Forces of the Philippines, or any
other agency of the gOvernment, including government-owned and/or -controlled corporations, in its
anti-crime drive. Such assistance may include the use of the agency's personnel and facilities upon prior
approval by the head of the agency concerned;

(k) Conduct intelligence operations in furtherance of the foregoing powers and functions;

(l) Enter into any contract or transaction for the acquisition, OWnershiP possession, administration,
lease, disposition or acceptance of real or personal property in its name, subject to the approval of the
Secretary of Justice;

(m) Establish a modern NBI Clearance and Identification Center containing all derogatory and criminal
records and civilian identification records, including their identifying marks and characteristics and
fingerprint database, as well as dental records pursuant to Presidential Decree No. 1575, entitled
"Requiring Practitioners of Dentistry to Keep Records of Their Patients";

(n) Maintain, for purposes of investigative and forensic requirements of the NBI, relevant database such
as ballistic records of firearms including, but not limited to, data ownership, possession, and other
related identifying circumstances; and Deoxyribonucleic Acid (DNA) databank; and

(o) Perform such other functions as the President or the Secretary of Justice may assign.

Section 5. Jurisdiction. - The NBI shall have primary jurisdiction to undertake investigations in the
following cases:

(a) Human Trafficking cases in all airports in the Philippines;

(b) Extrajudicial/Extra- legal killings committed by the state's security forces against media practitioners
and activists;

(C) Killings of justices and judges;

(d) Violation of Republic Act No. 10175, otherwise known as the "Cybercrime Prevention Act":

(e) Cases referred by the Inter-Agency Anti-Graft Coordinating Council (LAGCC) (Violations of the Anti-
Dummy Law Cases involving threats to security or assaults against the persons of the President, Vice
President, Senate President, Speaker of the House of Representatives, and Chief Justice of the Supreme
Court;

(h) Transınational crimespursuant to existing international agreements;

(i) Identification of the dead/victims in case of mass fatality incidents caused by natural disasters; and

(g) Violations of commercial, economic, and financial or white collar crimes such as, but not limited to,
those punishable under Republic Act No. 8792, otherwise known as "E-Commerce Act of 2000"; Republic
Act No. 8484, otherwise known as "Access Devices Regulations Act of 1998"; Republic Act No. 8293,
otherwise known as "Intellectual Property Code of the Philippines"; Republic Act No. 8799, otherwise
known as "Securities Regulation Code"; Presidential Decree No. 1689, otherwise known as "Decree
Increasing the Penalty for Certain Forms of Estafa," and other similar penal statutes that may be enacted
by Congress.

Provided, however, that the President or the Secretary of Justice may direct the NBI to undertake the
investigation of any crime when public interest so requires.

Once the NBI takes cognizance of any of the aforementioned cases,the PHP and other law enforcement
agencies/investigative. entities shall collaborate with and render assistance to the NBI. In cases where
jurisdiction is vested exclusively and/or primarily with the PNP or other law enforcement
agencyinvestiga ting agency, the NBI shall collaborate with and render assistance to the samne.

Philippine Coast Guard

The Philippine Coast Guard is the country's vanguard against the entry of unsafe foreign vessels into the
country through its Port State Control (PSC). Ths agency is an armed and uniformed service attached to
the Departument of Transportation and Communications (DOTC). Provided, That in times of war, as
declared by Congress, the PCG or parts thereof, shall be attached to the Department of National
Defense. At present, the Philippine Coast Guard has seven (7) PSC Centers and fifteen (15) PSC Divisions
all throughout the archipelago. The PSC Center in Manila has the bulk of all inspections based on
frequency of foreign ship calls.

Philippine Coast Guard was originally created by RA 5173. The latter law was repealed by RA 9993, also
known as "Philippine Coast Guard Law 2009."

Section 3. Powers and F'unctions. - The PCG shall have the following powers and functions:

(a) To enforce regulations in accordance with al relevant maritime international conventions, treaties or
instruments and national laws for the promotion of safety of life and property at sea within the
maritime jurisdiction of the Philippines and conduct port state control implementation;

(b) To conduct inspections on all merchant ships and vessels, including but shall not be limited to
inspections prior to departure, to ensure and enforce compliance with safety standards, rules, and
regulations

(c) To detain, stop or prevent a ship or vessel which does not comply with safety standards, rules, and
regulations from sailing or leaving port
(d) To conduct emergency readiness evaluation on merchant marine vessels;

(e) Subject to the approval of the Secretary of the DOTC, to issue and enforce rules and regulations for
the promotion of safety of life and property at sea on all maritime related activities;

(f) To coordinate, develop, establish, maintain and operate aids to navigation, vessel traffic system,
maritime communications and search and rescue facilities within the maritime jurisdiction of the
Philippines;

(g) To remove, destroy or tow to port, sunken or floating hazards to navigation, including illegal fish
traps and vessels, at or close to sea lanes which may cause hazard to the marine environment;

(h) To issue permits for the salvage of vessels and to supervise all marine salvage operations, as well as
prescribe and enforce rules and regulations governing the same;

(i) To render aid to persons and vessels in distress and conduct search and rescue in marine accidents
within the maritime jurisdiction of the Philippines, including the high seas, in accordance with applicable
international conventions. In the performance of this function, the PCG may enlist the services of other
government agencies and the merchant marine flee;

(j) To investigate and inquire into the causes of all maritime accidents

involving death, casualties and damage to properties;

(k) To assist in the enforcement and maintenance of maritime security,prevention or suppression of

terrorism at sea, and performance of law enforcement functions in accordance with pertinent laws,
rules, and regulations,

(l) To assist in the enforcement of laws on fisheries, immigration, tariff and customs, forestry, firearms
and explosives, human trafficking, dangerous drugs and controlled chemicals, transnational crimes and
other applicable laws within the maritime jurisdiction of the Philippines;

(m) To board and inspect all types of merchant ships and watercrafts in the performance of its functions;

(n) To enforce laws and promulgate and administer rules and regulations for the protection of marine
environment and resources from offshore sources of pollution within the maritime jurisdiction of the
Philippines;

(o) To develop oil spill response, containment and recovery capabilities against ship-based pollution;

(p) To grant, within its capabilities and consistent with its mandate, requests for assistance of other
government agencies in the performance of their functions;

(q) To organize, train and supervise the PCG Auxiliary (PCGA) for thepurpose of assisting the PCG in
carrying out its mandated functions; and

(r)To perform such other functions that may be necessary in the attainment of the objectives of this Act.
Section 5. The PCG Commandant-The PCG shall be headed by a Commandant who shall carry the rank of
Coast Guard Admiral; Provided, that the shall be appointed by the President from arnong the Flag
Oficers in the Coast Guard service. He shall hold a command at-sea badge and must have served as a
District Commander of the PCG. The Commandant shall have a maximum term of three (3) years. A
Commandant who has served for three (3) years prior to his compulsory retirement shall be considered
as retired and entitled to all the benefits available to a Coast Guard officer as if he is compulsorily retired

Section 6. Organization. The PCG shall consist of the following categories of officers and employees:

(a) PCG officers;

(b) PCG non-officers;

(c) PCG non-uniformed personnel

(d) Probationary ensign; and

(e) Cadets and Cadettes.

Section 9. Maximum Tenure in Rank. -The maximum tenure o

officers in the ranks of Captain and Flag Officer in the PCG are hereby

prescribed as follows:
Unless earlier separated, retired or promoted to the next higher rank or occupying a position calling for
the higher rank in the PCG table of organization, Captains and Flag Oficers shall be compulsorily retired
upon the attainmentof the maximum tenure in rank herein prescribed, or upon reaching the age of
compulsory retirement whichever comes earlier: Provided, That officers already holding these ranks
upon the approval of this Act may be allowed one (1) year more of tenure in rank before the maximum
tenure provided in this section shall be applied to them, unless they shall have already reached the
compulsory retirement age under existing laws, in which case the compulsory retirement age shall
prevail.

Section 10. Maximum Tenure in Position. Officers holding the following key positions are hereby limited
to a maximum tenure of three (3) years, unless otherwise earlier relieved by competent authority or
compulsorly retired under existing laws:

-Coast Guard Commandant;

-Coast Guard Deputy Comnandant;

-and Coast Guard District Commander

Provided, That except for the Commandant, no other officer shall be

assigned/designated to the aforementioned key positions or promoted to the rank of Commodore or

higher if he has less than one (1) year of active service remaining prior to compulsory retirement.

Section 12. Appointments. - Appointments of PCG officers, which shall be in the initial rank of Coast
Guard Ensign, shall be made by the Secretary of the DOTC upon the recommendation of the PCG
Commandant. The initial appointment ranks of chaplains, dentists, lawyers, medical doctors and
veterinarians shall be Coast Guard Lieutenant.

No person shall be appointed as an officer of the PCG unless he is a natural born citizen of the
Philippines, at least twenty-one (21) years of age at the date of appointment, physically fit and is a
baccalaureate degree holder The appointment of the PCG Commandant and Flag Officers shall be
approved by the President upon the recommendation of the Secretary of the DOTC. Appointments of all
PCG non-officers shall be made by the PCG Commandant. Appointments of all non-uniformed personnel
shall be in accordance with the Civil Service laws, rules, and regulations.

Philippine Center on Transnational Crime (PCTC)

 The Office is created under the Executive Order No. 62 dated January 15, 1999. The mission of the
Philippine Center on Transnational Crime (PCTC) is to formulate and implement a concerted program of
action of all law enforcement, intelligence and other government agencies for the prevention and
control of transnational crime.

Executive Order No. 35 dated April 11, 2011 caused the transfer of the control and supervision of the
Philippine Center on Transnational Crime from the Department of the Interior and Local Government to
the Office of the President to enhance the coordination among its departments, bureaus, offices,
agencies, and instrumentalities for a "whole of government approach"ntoward a more efficient,
coordinated, collaborative, and synergized effort against organized transnational criminal activity, and to
link national efforts with intermational agencies and institutions directly involved in the global campaign
against transnational crimes.

Coordination and Networks

1. In the pursuance of its mission and functions, the PCTC shall be assisted by the following government
agencies and instrumentalities:

a.Philippine National Police (PNP);

b. National Bureau of Investigation (NBI);

C. National Action Committee on Anti-Hijacking and Anti Terrorism (NACAHT);

d. Presidential Anti-Organized Crime Task Force (PAOCTF);

e. Presidential Anti-Smuggling Task Force (PASTE);

f. National Police Commission (NAPOLCOM);

g. Department of the Interior and Local Government (DILG);

h. Department of Justice (DOJD:

i. Department of Finance (DOF);

j. Department of Transportation and Communication (DOTC);

k.Dangerous Drugs Board (DDB);

l. National Prosecution Service (NPs);

m. Bureau of Immigration and Deportation (BID);

n.Bureau of Internal Revenue (BIR);

0.Bureau of Customs (BOC);

p. National Intelligence Coordinating Agency (NICA);

q.Armed Forces of the Philippines (AFP)

r. Land Transportation Office (LTO);

s. National Telecommunication Commission (NTC);

t. National Statistics and Census Office (NSCO); and

u. Other Government Agencies

2. The PCTC shall address the requirement of putting strong and intensified focus against transnational
organized crime in the course of the government's anti-crime campaign.

3. The PNP continues to be the primary general law enforcement agency of the country.

4The Executive Director of PCTC, the Chief of PNP, and the heads of other concerned government
agencies shall undertake close coordination and cooperation to insure synergy in the over-all
anttransnational crime campaign.

5.The Executive Director of PCTC shall endorse attendance to all rainingsiconferences/seminars related
on transnational crimes.

Department of Environment and Natural Resources (DENR)

The Department of Environment and Natural Resources is the agency under the executive branch of the
government responsible for the conservation, management, development, and proper use of the
country's environment and natural resources, specially forest and grazing lands, mineral resources,
including those in reservation and watershed areas, and lands of the public domain, as well as the
licensing and regulation of all natural resources as may be provided for by the law in order to ensure
equitable sharing of the benefits derived therefrom for the welfare of the present and future
generations of Filipinos

It is the department primarily tasked to supervise the enforcement of environmental laws in the
Philippines. Discussed below are some of the environmental laws in the Philippines that are frequently
violated:

Philippine Clean Air Act of 1999 (RA 8749)

Republic Act 8749 Was created to promote and protect the global environment to attain sustainable
development while recognizing the primary responsibility of local government units to deal
environmental problems. The State recognizes that the responsibility of cleaning the habitat and
environment is primarily area-based. The State als0 recognizesthe principle that "polluters must pay"
and it recognizes that a clean and healthy environment is for the good of all and should, therefore, be
the concern of all.

Section 4. Recognition of Rights. Pursuant to the above-declared principles, the following rights of
citizens are hereby sought to be recOgnized and the State shall seek to guarantee their enjoyment:

(a) The right to breathe clean air;

(b) The right to utilize and enjoy all natural resources according to thebprinciples of sustainable
development;

(c) Therightto participate in the formulation, planning, implementationnand monitoring of

environmental policies and programs and in the decision-making proces,

(d) The right to participate in the decision-making process concerning development policies, plans and
programs, projects or activities that may have adverse impact on the environment and public health;

(e) The right to be informed of the nature and extent of the potential hazard of any activity, undertaking,
or project, and to be served timely notice of any significant rise in the level of pollution and the
accidental or deliberate release into the atmosphere of harmful or hazardous substances;

(f) The right of acess to public records which a citizen may need to exercise his or her rights effectively
under this Act;

(g) The right to bring action in court or quasi-judicial bodies to enjoin

all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup
of affected area, and to seek the imposition of penal sanctions against violators of environmental laws;
and

(h) The right to bring action in court for compensation of personal damages resulting from the adverse
environmental and public health impact of a project or activity.

Air Pollution Clearances and Permits for Stationary sources

Section 16. Permits.-Consistent with the provisions of this Act, the Department shall have the authority
to issue permits as it Tmay delermine necessary for the prevention and abatement of air pollution.

Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain
the ambient air quality standards. These permits shall serve as management tools for the LGUs in the
developinent of their action plan.

Section 20. Ban on Incineration. - Incineration, hereby defined as the burning of municipal, biomedical
and hazardous waste, which process emits poisonous and toxic fumes is hereby prohibited; Provided,
however, That the prohibition shall not apply to traditional sihall-scale method of community/
neighborhood sanitation "siga", traditional, agriculrural, cultural, health, and food preparation and
crematoria; Provided, Further, That existing incinerators dealing with a biomedical wastes shall be out
within three (3) years after the effectivity of this Act; Provided, Finaly, that in the interim, such units
shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by
the Department.

Local government units are hereby manaated to promote, encourage and implement in their respective
jurisdictuon a comprehensive ecological waste management that includes waste segreganon, recycing
and composting

With due concern on the effects of climate change, the Department shall promote the use of state-of-
the- art, environmentally-sound and safe non burn technologies for the handling. treatment, thermal
destruction, tilizatio and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous
wastes.

Pollution from Motor Vehicles

Section 21. Pollution from Motor Vehicles. a) The DOTC shall implement the emission standards for
motor vehicles set pursuant to and as provided in this Act. To further improve the emission standards,
the Department shall review, revise and publish the standards every two (2) years, or as the need arises.
It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air
quality for the health, safety and welfare of the general public.

The following emission standards for type approval of motor vehicles shall be effective by the year 2003:

a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be:

for compression-ignition engines only

b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the
given reference mass shall be:

a for compression-ignition engines only

(c)For heavy duty vehicles, the exhaust emission limits of gaseouspollutants shall be:

In the case of engines of 85 kW or less, the limit value for particular emissions in increased by
multiplying the quoted limit by a coefficient of 1.7

Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams hydrocarbons per test.
Likewise, it shall not allow any emission of gases from crankcase ventilation system into the atmosphere.

d) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the
control and management of air pollution from motor vehicles consistent with the Integrated Air Quality
Framework. The DOTC shall enforce compliance with the emission standards for motor vehicles set by
the Department. The DOTC may deputize other law enforcement agencies and LGUs for this purpose. To
this end, the DOTC shall have the power to:

(1) Inspect and monitor the emissions of motor vehicles;

(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at
specified times; and

(3) Authorize private testing emission testing centers duly accredited by the DTI.

(e) The DOTC, together with the DTI and the Department, shall establish the procedures for the
inspection of motor vehicles and the testing of their emissions for the purpose of determining the
concentration and/or rate of pollutants discharged by said sources.

(f) Inorder to ensure the substantial reduction of emissions from motor vehicles, the Department of
Trade and Industry (DTD, together with the DOTC and the Department shall formulate and implement a
national motor vehicle inspection and maintenance program that will promote efficient and safe
operation of all motor vehicles. In this regard, the DTI shall develop and implement standards and
procedures for the certification of training institutions, instructors and facilities and the licensing of
qualified private service centers and their technicians as prerequisite for performing the testing
servicing, repair and the required adjustment to the vehicle emission system. The DTI shall likewise
prescribe regulations requiring the disclosure of odometer readings and the use of tamper-resistant
odometers for all motor vehicles including tamper-resistant fuel management systems for the effective
implementation of the inspection and maintenance program,

Section 22. Regulation of All Motor Vehicles and Engines

.-Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies
with the emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity (COC)
issued by the Department.

Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it
complies with emission standards set pursuant to this Act.

Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or
components shall not be registered unless it complies with the emission standards.

In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular
engine so it will be in compliance with applicable emission standards.

No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission
testing requirement promulgated in accordance with this Act. Such testing shall be conducted by the
DOTC or its authorized inspection centers within sixty (60) days prior to date of registration.

The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines
including devices in order to ensure that Such vehicles will conform to the emissions which they were
certified to meet. These regulations shall include provisions for ensuring the durability of emission
devices.

Section 23. Second-Hand Motor Vehicle Engines.

- Any imported second-hand motor vehicle engine shall not be introduced into commerce, sold or used
unless it complies with emission standards set pursuant to this Act.

Pollution from Other Sources

Section 24. Pollution from smoking. Smoking inside a publicbuilding or an enclosed public place including
public vehicles and other means of transport or in any enclosed area outside of one's private residence,
private place of work or any duly designated smoking area is hereby prohibited under this Act. This
provision shall be implemented by the LGUs.

Section 25. Pollution from other mobile sources. - The Department,

in coordination with appropriate agencies, shall formulate and establish the necessary standards for all
mobile sources other than those referred to in Sec. 21 of this Act. The imposition of the appropriate
fines and penalties from these sources for any violation of emission standards shall be under the
jurisdiction of the DOTC

Institutional Mechanism

Section 34. Lead Agency. The Department, unless otherwise provided herein, shall be the primary
government agency responsible for the implementation and enforcement of this Act. To be more
effective in this regard, The Department's Environmental Management Bureau (EMB) shall be converted
from a staff bureau to a line bureau for a period of no more than two (2) years, unless a separate,
comprehensive environmental management agency is created.

Actions

Section 40. Administrative Action. - Without prejudice to the right of any affected person to file an
administrative action, the Department shall, on its owm instance or upon verified complaint by any
person, institute administrative proceedings against any person who violates:

(a) Standards or limitation provided under this Act; or

(b) Any order, rule or regulation issued by the Department with respect to such standard or limitation.

Section 41. Citizen Suits For purposes of enforcing the provisions of this Act or its implementing rules
and regulations, any citizen may file an appropriate civil, criminal, or administrative action in the proper
courts against:

(a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules
and regulations; or

(b) The Department or other implementing agencies with respect to orders, rules, and regulations issued
inconsistent with this Act; and/or

(c) Anypublic officer who willfully or grossly neglects the performance ofan act specifically enjoined as a
duty by this Act orits implementing rules and regulations; or abuses his authority in the performance of
his duty; or, in any manner, improperly performs his duties under this Act or its implementing rules and
regulations; Provided, however, That no suit can be filed until thirty-day (30) notice has been taken
thereon.

The court shall exempt such action from the payment ot iling fees except fees for actions not capable of
pecuniary estimations, and shall likewise upon prima facie showing of the non-enforcement or violation
complained of exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary
injunction.

Within thirty (30) days, the court shall make a determination if the complaint herein is malicious and/or
baseless and shall accordingly dismiss the action and award attorney's fees and damages.

Section 42. Independence of Action. The filing of an administrative suit against such person/entity does
not preclude the right of any other person to file any criminal or civil action. Such civil action shall
proceed independently

Section 43. Suits and Strategic Legal Actions Against Public Participation and the Enforcement of This Act

- Where a suit is brought against a person who filed an action as provided in Sec. 41 of this Act, or
against any person, institution or government agency that implements this Act, it shall be the duty of the
investigating prosecutor or the court, as the case may be, to immediately make a determination not
exceeding thirty (30) days whether said legal action has been filed to harass, sex, exert undue pressure
or stifle such legal recourses of the person complaining of or enforcing the provisions of this Act Upon
determination thereof, evidence warranting the same, the court shall dismiss the case and award
attorney's fees and double damages.

This provision shall also apply and benefit public officers who are sued for acts committed in their
official capacity, there being no grave abuse of authority, and done in the course of enforcing this Act.

Ecological Solid Waste Management Act of 2000 (RA 9003)

Republic Act 9003 was approved on January 26, 2001. This law was created to:

(a) Ensure the protection of the public health and environment;

b) Uilize environmentally-sound methods that maximize the utilization of valuable resources and
encourage resource conservation and recovery

(c)Set guidelines and targets for solid waste avoidance and volume reduction through source reduction
and waste minimization measures, including composting, recycling, re-use, recovery, green charcoal
process, and others, before collection, treatment, and disposal in appropriate and environmentally
sound solid waste management facilities in accordance with ecologically sustainable development
principles;

d) Ensure the proper segregation, collection, transport, storage, treatment, and disposal of solid waste
through the formulation and adoption of the best environmental practice in ecological waste
management excluding incineration;

(e)Promote national research and development programs for improved solid waste management and
resource conservation techniques, more effective institutional arrangement and indigenous and
improved methods of waste reduction, collection, separation and recovery

(f)Encourage greater private sector participation in solid waste management;

(g)Retain primary enforcement and responsibility of solid waste management with local government
units while establishing a cooperative effort among the national government, other local government
units, non-government organizations, and the private sector

(h) Encourage cooperation and self-regulation among waste generators through the application of
market-based instruments;

(i) Institutionalize public participation in the development and implementation of national and local
integrated, comprehensive, and ecological waste management programs; and
(j) Strengthen the integration of ecological solid waste management and resource conservation and
recovery topics into the academic curricula of formal and non-formal education in order to promote
environmental awareness and action among the citizenry.

Section 8. Role of the Department. - For the furtherance of the objectives of this Act, the Department
shall have the following functions:

(a) Chair the Commission created pursuant to this Act;

(b) Prepare an annual National Solid Waste Management Status Report,

(C) Prepare and distribute information, education, and communication materials on solid waste
management;

(d) Establish methods and other parameters for he measurement of waste reduction, collection, and
disposal;

(e) Provide technical and other capability building assistance and support to the LGUs in the
development and implementation of local solid waste management plans and programs;

(f) Recommend policies to eliminate barriers to waste reductionprograms;

(g) Exercise visitorial and enforcement powers to ensure strict compliance with this Act;

(h) Perform such other powers and functions necessary to achieve the objectives of this Act; and

(i)Issue rules and regulations to effectively implement the provisions of this Act.

Section 10. Role of LGUs in Solid Waste Management-Pursuant to the relevant provisions of RA. No.
7160, otherwise known as the Local government code, the LGUs shall be primarily responsible for the
implementation and enforcement of the provisions of this Act within their respective jurisdictions.

Segregation and collection of solid waste shall be conducted at the barangay level specifically for
biodegradable, compostable and reusable wastes: Provided, that the collection of non-recyclable
materials and special wastes shal be the responsibility of the municipality or city

Segregation of Wastes

Section 21. Mandatory Segregation of Solid Wastes

The LGUs shall evaluate alternative roles for the public and private sectors in providingcollection
services, type of collection system, or combination of systems, that best meet their needs: Provided,
That segregation of wastes shall primarily be conducted at the source, to include household,
institutional, industrial, commercial and agricultural sources: Provided, further, That wastes shall be
segregated into the categories provided in Sec. 22 of this Act.
For premises containing six (6) or more residential units, the local government unit shall promulgate
regulations requiring the owner or person in charge of such premises to

(a) provide for the residents a designated area and containers in which to accumulate source separated
recyclable materials to be collected by the municipality or private center; and

(b) notify the occupants of each buildings of the requirements of this Act and the regulations
promulgated pursuant thereto.

Section 22. Requirements for the Segregation and Storage of Solid

Waste - The following shall be the minimum standards and requirements for segregation and storage of
solid waste pending collection:

(a) There shall be a separate container for each type of waste from all sources: Provided, that in the case
of bulky waste, it will suffice that the same be collected and placed in a separate designated area; and

(b) The solid waste container depending on its use shall be properly marked or identified for on-site
collection as "compostable", "non-recyclable", "recyclable" or "special waste", or any other classification
as may be determined by the Commission.

PENAL PROVISIONS

Section 48. Prohibited Acts -The following acts are prohibited:

(1) Littering. throwing, dumping of waste matters in public places, such as roads, sidewalks, canals,
esteros or parkS, and establishment, or causing or permitting the same

(2) Undertaking activities or operating, collecting, or transporting equipment in violation of sanitation

operation and otherrequirements or permits set forth in established pursuant;

(3) The open burning of solid waste;

(4) Causing or permitting the collection of non-segregated or unsorted wastes

(5) Squating in open dumps and landfills

(6) Open dumping, burying of biodegradable or non-biodegradablematerials in flood prone areas;

(7 Unauthorized removal of recyclable material intended for collection by authorized persons

(8) The mixing of source-separated recyclable material with other solid waste in any vehicle, box,
container, or receptacle used in solid waste collection or disposal;

(9) Establishment or operation of open dumps as enjoined in this Act,or closure of said dumps in
violation of Sec. 37;

(10) The manufacture, distribution or use of non-environmentaly acceptable packaging materials;

(11) Importation of consumerproductspackagedinnon-environmentally acceptable materials;

(12) Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content";

(13) Transport and dumping in bulk of collected domestic, industrial, commercial, and institutional
wastes in areas other than centers or facilities prescribe under this Act;

(14) Site preparation, construction, expansion, or operation ot waste management facilities without an
Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act
and not conforming with the land use plan of the LGU;

(15) The construction of any establishment within two hundred (200) meters from open dumps or
controlled dumps, or sanitary landfill; and

(16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater
reservoir, or watershed area and or any portions thereof.

Section 49. Fines and Penalties -

(a) Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be punished with a fine of not
less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or render
community service for not less than one (1) day to not more than fifteen (15) days to an LGU where such
prohibited acts are committed, or both;

b) Any person who violates Sec. 48, pars. (2) and (3), shal, upon conviction be punished with a fine of not
less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or
imprisonment of not less than one (1) day but to not more than fifteen (15) days, or both;

(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon conviction, be punished with a
fine of not less than One thousand pesos (P1,000.00) but not more than Three thousand pesos
(P3,000.00) or imprisonment of not less than fifteen (15) days but to not more than six (6) months, or
both;

(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time shall, upon conviction,
pay a fine of Five hundred thousand pesos (P500,000.00) plus and amount not less than five percent
(5%) but not more than ten percent (10%) of his net annual income during the previous year.

The additional penalty of imprisonment of a minimum period of one (1) year but not to exceed three (3)
years at the discretion of the court shall be imposed for second or subsequent violations of Sec. 48, pars.
(9) and (10)

(e) Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction, be punished with a fine
not less than Ten thousand pesos (P10,000.00) but not more than Two hundred thousand pesos
(P200,000.00) or imprisonment of not less than thirty (30) days but not more than three (3) yearS, or
both;
(f)Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be punished with a
fine not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos
(P1,000,000.00), or imprisonment not less than one (1) year but notmore than six (6) years, or both.

If the offense is committed by a corporation, partnership, or other juridical identity duly recognized in
accordance with the law, the chief executive officer, president, general manager, managing partner or
such other oficer-in-charge shall be liable for the commission of the offense penalized under this Act.

If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without
further administrative proceedings. The fines herein prescribed shall be increased by at least ten (10%)
percent every three (3) years to compensate for inflation and to maintain the deterrent functions of
such fines.

Section 50. Administrative Sanctions-Local government officials and officials of government agencies
concerned who fail to comply with and enforce rules and regulations promulgated relative to this Act
shall be charged administratively in accordance with RA. 7160 and other existing laws, rules, and
regulations.

Environmental Protection Order (EPO)

Environmental protection order (EP0) refers to an order issued by the court directing or enjoining any
person or government agency to perform or

desist from performing an act in order to protect, preserve or rehabilitate the environment.

BUREAU OF IMMIGRATION

General Functions

-Acts as the primary enforcement arm of the Department of Justice and the President of the Philippines
in ensuring that all foreigners within its territorial jurisdiction comply with existing laws;

-Assists local and international law enforcement agencies in securing the tranquility of the state against
foreigners whose presence or stay may be deemed threats to national security. public safety, public
morals, and public health and;

-Acts as chief repository of all immigration records pertaining to entry, temporary sojourn, admission,
residence, and departure of all foreigners in the country.

Specific Functions

In the discharge of its broad functions, the Bureau through its Board of Commissioners, exercises
administrative and quasi-judicial powers over the:

-Regulation of the entry (arrival), stay (sojourn), and exit (departure) of foreign nationals in the country
-Monitoring of the entry and exit of Filipino citizens in compliance with Philippine laws and other legal
procedures;

-Issuance of immigration documents and identification certifications On non-immigrant, immigrant, and

special non-immigrant visas;

-Issuance of special permits in relation to the enforcement of mmigration laws (e.g, Special Work Permit
(SWP), Provisionalermit to Work (PPW), Special Study Permit SSP), re-entry permits,

clearances, etc.);

-Extension of stay of temporary visitors and implementation ofchanges of status as provided by law;

-Administrative determination of citizenship and related status;

-Investigation, hearing, decision, and execution of orders pertaining to exclusion, deportation, and
repatriation of foreign nationals;

-Implementation of Hold Departure Orders, Blacklist, Watchlist,Immigration Lookout Bulletin Orders and
Alert List Orders;

-Cancellation of immigration documents upon violation of immigration laws and procedures

-Investigation, arrests, and detention of foreigners in violation of immigration regulation and other
Philippine laws

-Accreditation of schools and learning institutions that can officially accept and enroll foreign students;
and

-Accreditation of law firms, liaison officers, travel agencies andother individuals and organizations
transacting with the Bureau of Immigration.

CHAPTER 3

Lesson 1. Concepts and Philosophy of Prosecution

Lesson Outcomes:

At the end of this lesson, you should be able to:

1. understand the concept of the prosecution and

. know the relevance of the prosecution in the Justice system

INTRODUCTION
Prosecution belongs to what

branch of the government

This second (2nd) pillar, is primarily concerned with the investigation

of the complaint filed before its office.

Prosecution is the process wherein the accusation is brought before the

court of justice to determine the guilt or innocence of the accused. Then the

prosecutor is the person who is a quasi-judicial officer which is responsible

of the full discretion and control over a criminal case in the administration

of justice and represent the government or the people of the Philippines in a

Criminal proceeding in the court of law.

There are three (3) kinds of prosecution system which includes: The

adversarial system, also known as accusatorial system, wherein the victim

or his/her representative has the primordial responsibility of finding and

presenting evidence to the court. Then the judge listens to the accusation and

thereafter determines the punishment applicable to the accused. The concept

of this system is that the accused 15 presumed innocent until proven guilty. This

system is adopted by several countries naving common laws. Another kind is

the inquisitorial system whereln the judge is responsible in searching for facts listen to the

Witnesses, and investigates to prove the guilt or the innocence of the accused. The concept of this
system is uat the accused is presumed guilty until proven the contrary. This system is adopted in
continental countries. The

last kind of prosecution system is the mixed system wherein it adopts both

adversarial or accusatorial and inquisitorial prosecution system. The concept

of this system, where the victim or his/her representative provides for the facts

to prove the guilt of the accused, but then the accused enjoys the presumption

of innocence and provides facts to prove that the accused is innocent. The judge
will then determine, as to the evidence presented before him if the accused is

guilty beyond reasonable doubt or acquittal.

In the Philippines, the prosecution system was patterned after different

countries that have legal systems ahead of the Philippines. The agency that

is responsible for the prosecuton is the Department of Justice. It is the

government's principal law agency. It serves as the government's prosecution

arm and administers the government's criminal justice system by investigating

the crimes, prosecuting offenders, and overseeing the correctional system. It

is also the government's legal counsel and representative in litigations and

proceedings requiring he services of a lawyer;, implements the Philippines

laws on the admission and stay of aliens within its territory, and provides free

legal services to indigent and other qualified citizens.

Lesson 2. Role and Functions of City and Provincial

Prosecutors and Private Prosecutors

At the end of this lesson, you should be able to determine the functions

of the city and provincial prosecutors.

INTRODUCTION

Wha can fle for criminal

action?

The purpose of criminal action, in its purest sense, is to determine the

penal liability of the accused for having outraged the state with his crime and,

if found guilty, to punish him for it. In this sense, the parties of the action are

the People of the Philippines and the accused. The private offended party is

regarded merely as a witness for the state. (Heirs of Sarah Marie Palma Burgos

Court of Appeals, 612 SCRA 1, 7-58)

In criminal cases where the offended party is the state, the interest

of the private complaint or the private offended party is limited to civil

liability, thus, in the prosecution of the offense, the complainant's role is

limited to that of a witness for the prosecution. (People v. Santiago, 174

sCRA 143, 152; Bautistav Cuneta-Pangilinan, 684 SCRA 521, GR No. 189754,

October 24, 2012)

How is criminal action

nstituted?

Section 1, Rule 110, Rules of Court provides for the institution of

criminal actions.

Section 1. Institution of Criminal Actions.-Criminal actions sha

instituted as follows:

a) For offenses where preliminary investigation 1s required pursuantt

Section 1 of Rule 112, by filing the complaint with the proper office

for the purpose of conducting the requisite preliminary investigation

b) For all other offenses, by filing the complaint and information

directly with the Municipal Trial Courts and Municipal Circuit Trial

Courts, or the complaint with the office of the prosecutor. In Manila

and other chartered cities, the complaint shall be filed with the office

of the prosecutor unless otherwise provided in their charters.

Concepts: Role of City and Provincial Prosecutors

Preliminary Investigation is nmerely an inquiry

determine whether there is sulficient ground to engender a well-founded

belief that a crime has been committed and that the respondent is probably

guilty thereof, and should be held for trial.

proceeding to

CEdgardo v Quesada w. DOJ, G.R. No. 150325, August 31, 2006)

The above jurisprudence supports the definition of preliminary

investigation on its "probably guilty" in which the inquiry is concerned

merely with probability and not on absolute or moral certainty. A preliminary

investigation does not inquire a lull and exhaustive presentation of the parties

evidence. A finding of probable cause needs only to rest on evidence showing

that more likely than not, a crime has been committed and was committed by

petitioner and his co-accused.

The term "probable cause neither means aciual and positive cause

se

nor import absolute certainty. It is merely based on opinion and reaso

zasonable

into

belief. Thus, a finding of probable cause does not require an inquiry inte

ugh that

whether there is sullicient evidence to procure a conviction. It is enoug

it is believed that the act or omisston complained of constitutes the offen

cution

charged. Precisely, there is trial for the reception of evidence of the proseew

ang, et

in support of the charge. (NBE-MCrosoft corporation w Judy K. Chua Hwana

aL, GR no. 147043, June 21, 2005)

officers Author ized to Conduct Preliminary Investigation

Persons authorized to conduct preliminary investigation are the

following:

1. Provincial or City Prosecutors and their assistants;

2. National and Regional State Prosecutors; and

3. Other officers as may be authorized by law (e.g. COMELEC,

Ombudsman)

Right to a Preliminary Investigation, not a Constitutional Right

The 1987 Philippine Constitution does not provide for preliminary

investigation. The right thereto is of a statutory character and may be invoked

only when specifically created by statute (Marinas v. Sioch, 104 SCRA 423,

438-439). Since it is established by statute, it becomes a component of due

process in criminal justice (Duterte w. Sandiganbayan, 289 SCRA 721, 737-738

Ong v Sandiganbayan, 470 SCRA 7, 20).

Preliminary Investigation is a substantive right. To deny the claim of the

accused to preliminary investigation would be to deprive him the full measure

of his right to due process. (Duterte v. Sandiganbayan, 289 SCRA 721)

Can Preliminary

Investigation be waived?

The right to a preliminary investigation may be waived for failure to

invoke the right prior to or at the time of the plea. (People w. Gomez, 117 SCRA

73, 78; Go v Court of Appeals, 206 SCRA 138, 153)

Republic Act No. 10071, also known as "Prosecution Service Act of

2010," strengthens and rationalizes the National Prosecution Service. This law
created the National Prosecution Service to be composed of the prosecurion sta

in the Office of the Secretary of fustice and such number of Regional prosecution

oces, ofices of the provincial prosecutor and office of the prosecutor as are

nereinafter provided, which shall be primarily responsible for the preliminary

nvesugation and prosecution of all cases involving violations of penal laws

under the supervision of the Secretary of Justice, subject to the provisions of

Sections 4, 5, and 7.

Secton 9. Powers and Functions of the Provincial Prosecutor or

City Prosecutor. - The provincial prosecutor shall:

a) Be the law officer of the province or city, as the case may be

(b) Investigate and/or cause to be investigated all charges of crimes,

misdemeanors and violations of penal laws and ordinances within their

respective jurisdictions, and have the necessary information or complaint

prepared or made and filed against the persons accused. In the conduct ot

such investigations he or any of his/her assistants shall receive the statements

under oath or take oral evidence of witnesses, and for this purpose may by

subpoena or summon witnesses to appear and testify under oath before him/

her, and the attendance or evidence of an absent or recalcitrant witness may

be enforced by application to any trial cour:

(c) Have charge of the prosecution of all crimes, misdemeanors and

violations of city or municipal ordinances in the courts at the province or

city and therein discharge all the duties incident to the institution of criminal

actions, subject to the provisions of second paragraph of Section 5 hereof.

Prosecution of the Criminal Action

Who must prosecute the

criminal action?

Section 5, Rule 110 of Criminal Procedure

Section 5. Who must prosecute criminal action. All criminal actions

either commenced by complaint or information shal be prosecuted under the direction and control of a
public prosecutor, In case of heavy work schedule ot

the public prosecutor or in the event of lack of public prosecutors, the private

prosecutor may be authorized in writing by the Chief of the Prosecution Office

or the Regional State Prosecutor to prosecute the case subject to the approval

of the court. Once so authorized to prosecute the criminal action, the prtvate

prosecutor shall continue to prosecute the case up to the end of the trial even in

the absence of a public prosecutor, unless the authority is revoked or otherwise

withdrawn. (A.M. No. 02-2-07-SC, effective May 1, 2002)

The public ofñicer may turn over the actual prosecution of the criminal

case to the private prosecutor but he may, at any time, take over the actual

conduct of the trial. If the public prosecutor wants to ask additional questions

affer the private prosecutor was done with his questions, the trial judge

need not consult the private prosecutor before granting leave to the publie

prosecutor. (People v. Tan, 549, sCRA 489, 498-499)

When can a private

prosecutor prosecute a case

even in the absence of o

public prosecutor?

1. Private prosecutor may prosecute the criminal action up to the end

of the trial, even in the absence of the public prosecutor, if he is

authorized to do so in writing. This written authorization shall be

given by either the Chief of the Prosecution Office or the Regional

State Prosecutor. The written authorization in order to be given

effect must, however, be approved by the court. (Sec. 5, Rule 110,

Rules of Court; A.M. No. 02-2-07-SC, effective May 1, 2002)

2. The private prosecutor cannot, for just any reason, be authorized to

prosecute the criminal case. The written authorization to the private

prosecutor shall be given because of either of the following reasons:

a) the public prosecutor has a heavy work schedule, or b) there is a

lack of public prosecutors. (Sec. 5, Rule 110, Rules of Court; A.M. No.

02-2-07-SC, effective May 1, 2002)

3. Once so authorized to prosecute the criminal action, the private

prosecutor shall continue to prosecute the case up to the end of the

trial even in the absence of a public prosecutor, unless the authority

is revoked or otherwise withdrawn. (Sec. 5, Rule 110, Rules of Court;

A.M. No. 02-2-07-SC, efective May 1, 2002)

Lesson 3. Appellate Jurisdiction of Regional

State Prosecutor, State Prosecutor, and the

Department of Justice

Lesson Outcomes:

At the end of this lesson, you shall be able to:

1. explain the process of appeal in prosecution and

2. differentiate the appellate jurisdictions of prosecutors.

INTRODUCTION

Who shall administer the

preliminary investigation?
The public prosecutor shall conduct preliminary investigation to

determine probable cause to file information to the court. The accused may

move to quash the complaint or information as provided in Section 3, Rule

113 on the Rules of Court, on any of the following grounds:

(a) That the facts charged do not constitute an offense;

(b) That the court trying the case has no jurisdiction over the offense

charged;

(c) That the court trying the case has no jurisdiction over the person

of the acused;

(d) That the officer who filed the information has no authority to do so;

(e) That it does not conform substantially to the prescribed form;

(f) That more than one offense is Charged except when a single

punishment for various offenses is prescribed by law;

(g) That it contains averments which, if true, would consatute a lega

excuse or justification; and

(h) That the criminal action or liability has been extinguished;

(i) That the accused has been previously convicted or acquitted of the

offense charged, or the case against him was dismissed or otherwise

terminated without his expressed consent

When can motion to quash

be filed?

At any time before entering his plea, the accused may move to quash

the complaint or information. (Section 1, Rule 117, Rules of Court)

Plea - is the formal answer of the defendant in common law pleading.

The answer of "guilty" or "not guilty" in an arraignment for a criminal charge.

Any pleading in an ecclesiastical count, whether the first one or subsequent

one. Any action at law. (Philippine Legal Encyclopedia by Jose Agaton R.

Sibal, p. 730)

cONCEPT

Appeal from the Resolution of the City/Provincial/State Prosecutor

The prosecution is under the direct supervision and control of the

Department of Justice. Section 4, paragraph 5, Rule 112 of the Revised Rules

on Criminal Procedure provides for the power of review of the Secretary of

Justice to reverse or modify the resolution or the provincial, city or chief state

prosecutor. The rule states that:

If upon petition by a proper party under such rules as the

Department of Justice may prescribe or motu propio, the Secretary

of Justice reverses or modifies the resolution of the provincial or city

prosecutor or chief state prosecutor, and he shall direct the prosecutor

concerned either to file the corresponding information without conducting

anther preliminary investigation, or to dismiss or move for dismissal of

the complaint or information with notice to the parties. The same rule

shall apply in preliminary investigations conducted by the officers of the

Office of the Ombudsman."

A party may appeal the resolution of the public prosecutor to the

Secretary of Justice since the latter has the power to review, reverse, revise,

modify, or affirm an appeal or petition for review as the law or the rules of

the Department of Justice (DOJ) may provide, final judgements and orders

of the prosecutor general, regional prosecutors, provincial prosecutors,

and city prosecutors. (Section 4, RA 10071)