MODULE 2: PHILIPPINE CRIMINAL JUSTICE SYSTEM

Lesson 1: Vision, Mission, Objectives, and Strategies Learning Objective:

At the end of the lesson, the student should be able to:

1. Identify the vision, mission, objectives, and strategies of the criminal justice system and its
pillars. Concept/Discussion: In this lesson, you will identify the vision, mission, objectives, and
strategies of our Criminal Justice System and each of the pillars.

PURPOSE OF CRIMINAL JUSTICE SYSTEM The purpose of the criminal justice system is to process those
who have been accused of criminal activities.

OBJECTIVES OF CRIMINAL JUSTICE SYSTEM The main objectives of the system are justice for all and
elimination of crime from our society.

According to ROBERT D. PURSELY, in a free society the primary goal of CJS is to protect the members of
that society. It is formally INSTRUMENTALITY authorized by the people of a nation to protect both their
collective and individual wellbeing. Another main objective is the maintenance of order. In addition to
the two main objectives, the following are the sub-objectives:

1. Preventing the commission of crime

2. Enforcing the law

3. Removing dangerous person from the community

4. Protecting life, individual rights and properties

5. Deterring people from indulging in criminal activities

6. Determining the guilt or innocence or guilt of the accuse

7. Investigating, apprehending, prosecuting and imposing penalty upon those who cannot be deterred
from violating the rules of society

8. Rehabilitating offenders and returning them to the community as law-abiding and useful citizens of
the society.

VISION of CRIMINAL JUSTICE SYSTEM CJS VISION is for safe, peaceful, and progressive Philippines
through partnership and shared responsibility in attaining peace and order. The following are the visions
of each pillar:

➢ LAW ENFORCEMENT- well coordinated, professional, dynamic, and highly motivated law enforcers in
partnership with the community for a safe, peaceful, and progressive Philippines.

➢ PROSECUTION- a maximize prosecutorial capability to reduce criminality for a peaceful and

progressive Philippine society.

➢ COURTS- a court system which is truly independent, just and speedy to the end that no innocent
person is convicted and no guilty man is acquitted.

➢ CORRECTIONS- a correctional system that is modern, humane, responsive and integrated.

➢ COMMUNITY- a united proactive community working for peace and order in partnership with the
other pillars of the criminal justice system.

MISSION of CRIMINAL JUSTICE SYSTEM The CJS MISION is to promote peace and order through active
community involvement and fair and dispensation of justice. The following are the missions of each
pillar:
➢ LAW ENFORCEMENT- to enforce the law, prevents and control crime, maintains peace and order, and
ensures public safety and internal security with the active participation of the community.

➢ PROSECUTION- to provide a highly professionalize properly motivated and people- oriented

prosecution service conduct preliminary of complaints and prosecute criminal action to ensure fair,
speedy and inexpensive prosecution of cases.

➢ COURTS- to promote respect for and obedience to the rule of law trough proper and efficient
administration of justice.

➢ CORRECTION-rehabilitates and reintegrates offenders into the mainstream of society and upholds
their human rights and dignity through speedy legal and administrative processes and provision of
scientific and spiritual programs.

➢ COMMUNITY- mobilizes key sectors of the community in an integrated plan of action to combat crime
and promote peace, order and justice.

GOALS OF CRIMINAL JUSTICE SYSTEM

1. Protect the members of the society.

2. Maintain Peace and Order

3. Crime prevention

4. Suppression of criminal conduct

5. Review the legality of existing rules and regulations

6. Rehabilitation and reformation of offenders.

The following sub-goals are adopted for each pillar of the CJS:

➢ LAW ENFORCEMENT - reduce the incidence of crime and crime rate to a socially desirable level. -
improve crime solution efficiency - maximize linkages with other components of the criminal justice
system and international law enforcement agencies. - enhance the credibility of law enforcement
organizations.

➢ PROSECUTION - An 85% disposition rate of cases under preliminary investigation. - A 50% increase in
the rate of cases rested by the prosecution in court at the end of the 5-year period.

➢ COURT - decides all cases with dispatch in accordance with due process without sacrificing the quality
of justice.

➢ CORRECTIONS - INCAPACITATIONS - REDUCTION in the:

- Rate of escapes/jailbreaks among prisoner

- Rate of revocation among probations

- Rate of commitment among parolees/conditional pardonees

- Rate of commitment among youthful offenders

- REHABILITATION - INCREASE in the:

- Rate of successful termination from probation

- Rate of successful termination of parole.

- Rate of successful probation among youthful offenders

- Rate of payment of civil liability among non-custodial offenders

 - REDUCTION in the:

- Rate of recidivism in the entire correctional system.

➢ COMMUNITY - Barangays shall have attained awareness of the criminal justice system.

- Transform negative beliefs and perceptions, i.e. apathy, passivity, divisiveness and non-cooperation.

- Criminality shall have been reduced by 75% based on the current level.

STRATEGIES OF CRIMINAL JUSTICE SYSTEM CRIMINAL JUSTICE SYSTEM

- Information dissemination on the CJS concept.

- Integration of the Moral Recovery Program (MRP) in all CJS undertakings.

- Strengthening of linkages between and among the five pillars of the CJS and the general public.

- Upgrading professionalization among CJS personnel.

- Institutionalization of awards and rewards system.

- Promotion of responsible media reporting.

- Amendment or repeal or non-responsive and/or archaic.

- Maximization of citizen participation in the maintenance of peace and order.

The following are the common strategies employed by each pillar.

➢ LAW ENFORCEMENT

- Improvement of recruitment and training programs.

- Adherence to professional ethics and moral values.

- Upgrading of law enforcement capability.

- Replication of pilot-tested projects e.g. Community Oriented Policing System.

- Organizational development to enhance coordination and organizational effectiveness.

- Promoting efficiency in the management of resource through a system of transparency.

- Active participation of the community in crime prevention, solution and control.

➢ PROSECUTION - Provide adequate staff, equipment and supplies.

- Provide attractive emoluments and benefits to attract competent lawyers to join the prosecution
service.

- Strict screening of prosecutor-applicants - Management training for prosecutors.

- Enforcement of stricter disciplinary measures.

- Recommend designation of specific courts to exclusive trial and decide criminal case.

- Mandatory pre-trial.

- More funding of the Witness Protection, Security and Benefit Program.

(RA6981) - More funding for Victim Compensation LAW.

- Closer coordination of the prosecution with law enforcement agencies and the community in evidence
gathering

- Strict adherence to DOJ Circular in resolving preliminary investigation of cases within 60 days.

- Actively assist in the training to barangay chairman and lupon members in their conciliation, mediation
and arbitration work to lessen the load of cases to be filed with prosecution/courts.

- Continue the training program for non-chemist on dangerous drug identification to meet the need for
more expert witness.

➢ COURTS

- Monitoring of performance of judges

- Continuing adult of court dockets to ensure compliance with the prescribed period within which cases
should be tried and decided.

- Continuing revision, amendments and/or modification of the Rule of the Court for the purpose of
attaining speedy administration of justice.

- Continuing dissemination of information regarding of the courts.

- Continuing training of judges and court personnel.

- Work for the full realization of the constitutional autonomy of the judiciary in order to achieve its true
independence.

- Grant awards/recognition to deserving judges and court personnel through the merit system.

➢ CORRECTIONS

- modernization of the Philippines Correctional System.

- INSTITUTIONAL PROGRAMS

- Establishments of diagnostic centers.

- Specialized correctional institution

- Work release

- Prohibition of arrest and detention during holidays and weekends.

- NON-INSTITUTIONAL PROGRAMS

- Halfway homes

- Community service orders

- Joint institutional and non-institutional correction institution.

- Moral and spiritual programs - Health insurance

- Sports and recreation

- Counseling services

- Prison agri-industries

- Special service for offenders' dependents especially the poor and the underprivileged

- Psychosocial interventions

- PERSONNEL
- Increase of personnel for all correctional agencies

- Professional and career advancement of correctional workers/upgrading of qualification standards for

correctional workers

- Salary and benefit upgrading

- Team and commitment building seminars

- Institutionalization of awards and incentive standards for correctional workers.

- FACILITIES

- Site and infrastructure development

- Old facilities redesign/upgrade/transfer

- Construction of separate new facilities in conformity with modern prison architectural design

- Modern transport and communication facilities

- Construction of separate facilities for female, youth and other special offender

➢ COMMUNITY

- Maximize participation of development workers in organizing community fight criminality

- Promote and support anti-crime watch movements

- Improve street lighting to make streets safer at night

- Expand existing anti-drug programs involving the community

- Provide incentives and recognition for good policemen, prosecutors, judges etc.

- Promote community oriented Policing System (COPS)

- Practice neighborhood watch system

- Information networking among anti-crime groups

- Security bulletin

- expose modus operandi of criminals, disseminate crime prevention tips

- Retire corrupt, delinquent and aging judges, police officers and other government officials

- Increase mobility by improving/modernizing patrol equipment

- Study innovations in law enforcement agencies in foreign countries

- Civilian anti-kidnapping task force

- Provide economic growth through cooperative community and people-oriented systems.

lesson 2: The Philippine Criminal Justice System Flow Model Learning Objective: At the end of the lesson,
the student should be able to:

1. Determine the flow of the criminal justice system in the Philippines. Concept/Discussion: In this
lesson, you will understand how the criminal justice system in our country works by
understanding its flow and giving emphasis on what each pillar is consists of.

Let us first have a review on the pillars of the Philippine Criminal Justice System and their main
concepts.

The first pillar is the law enforcement pillar. It consists mainly of the officers and men of the
Philippine National Police (PNP), the National Bureau of Investigation (NBI) and other law
enforcement agencies. Their work consists in the prevention and control of crimes, enforcement
of laws and effect the arrest of offenders, including the conduct of lawful searches and seizures
to gather necessary evidence so that a complaint may be filed with the Prosecutor's office. The
NBI is an agency of the DOJ. It serves as a main artery through which programs and services
instituted by the Department are delivered though the NBI has its own specialized line of
function which involves scientific criminal investigation, the guiding principle of democratized
and humanized society which is the yardstick by which the DOJ operates, is incorporated in its
program and services.

The territorial jurisdiction of the NBI is national in and extends to all cities and provinces of our
country. It is empowered to investigate criminal cases upon its own initiative. The only
limitations or exceptions are those provided or may be provided by pertinent laws and policies.
Its various specialized units deal, among other matters, with international crimes, narcotics,
fraud, graft and corruption, arson and personnel background investigation.

The second pillar is the prosecution arm of the government. It is mandated to uphold the rule of
law. The National Prosecution Service is made up of the Regional, Provincial and City
Prosecutors, and State Prosecutors. Their mission is to maintain peace and order in the
community through the delivery of prompt prosecution services, that is, the investigation of
crimes and the prosecution of criminals. There are two (2) prefatory stages in criminal actions.
The first stage pertains to police activities, the initial investigation of crimes reported to or
discovered by police authorities. The second prefatory stage is the preliminary investigation. It is
the stage at which the prosecutor evaluates the findings of the police to determine if
prosecution of the suspect in court is warranted. A preliminary investigation is an important
substantive right of accused of crimes, deprivation of which is tantamount to a denial of due
process. It is designed to guard against hasty and malicious prosecutions (Narvasa, Handbook on
the Criminal Justice System, pp 12-14).

Preliminary investigations may be conducted by the prosecutors, and such other officers as may
be authorized by law or judges of Municipal Trial Courts or Municipal Circuit Trial Courts (Sec. 2,
Rule 112, Rules of Court). As regards crimes within the jurisdiction of Regional Trial Courts, the
accused may demand a preliminary investigation as a matter of right. With respect to offenses
cognizable by Municipal Trial Courts, no preliminary investigation is required by law.

The prosecutor determines ex parte if the suspect has probably committed the offense charged,
then files the information in court for trial and judgment. They say that the Prosecutor, in
whatever land or clime, holds a very important and powerful office in the CJS. He is the decision
whether to prosecute a case or not. He may nolle prosequi (decide not to prosecute) if he feels
that the evidence is insufficient to gain a conviction, yet he may hold the case for further action
if and when warranted. Subject only to a few constraints, he determines who will be formally
tried and for what offenses, and whether to dismiss charges or offer an accused an opportunity
to plea bargain for a reduced charge or he may recommend lighter sentence. It is he, in effect,
who determines which case will ever reach the courts for adjudication, and who can terminate
the processing of any case anywhere in the system. But powerful as the prosecutor may seem to
be in the Philippines, as well as in any other country, yet he cannot successfully prosecute cases
alone, or render justice to anyone, without the and collaboration of the other components of
the criminal justice system. For the prosecutor cannot successfully prove his case without the
evidence gathered by the apprehending and/or investigating police officer or law enforcement
agent. Neither may he able to establish his case in court in the absence of fair, competent and
independent-minded judge. Nor would his work and that of the judge end in the conviction of
the felon, for without the dedication to duty of prison and custodial officers, and the
rehabilitating assistance rendered by the community, said felon or criminal would keep coming
into the system and a burden to society. For like the bow and arrow, the prosecution and the
other components of the criminal justice would be useless without the other (Speech of ACSP
Nilo C. Mariano before the Konrad Adenauer Foundation).

The third pillar of the CJS is the courts pillar. It is the forum where the prosecution is given the
opportunity to prove that there is a strong evidence of guilt against the accused. It is also in the
courts that the accused is given his "day" to disprove the accusation against him. The
constitutional presumption is the innocence of any person accused of a crime unless proven
otherwise. This means that the courts must determine the guilt of the accused beyond
reasonable doubt, i.e. based on the strength of the evidence of the prosecution. If there is
reasonable doubt that the accused committed the crime, he has to be acquitted.

The fourth pillar is the corrections pillar. It takes over once the accused, after having found
guilty, is meted out the penalty for the crime he committed. The punishment may be in the form
of isolation of the convicts by imprisonment for the laid down by the courts, or in extreme cases,
their execution by the method prescribed by law. When the is imprisonment, the sentence is
carried out either in the municipal/city jails, the provincial jail or national penitentiary depending
on the length of the sentence meted out. The Bureau of Corrections, Board of Pardons and
Parole, and the Parole and Probation Administration, agencies also of the DOJ, are pan of the
corrections pillar. The principal task of the Bureau of Corrections is the rehabilitation of prisoners
so they can become useful of society after service of sentence. The Board of Pardons and Parole
recommends to the President the prisoners who are qualified for parole, pardon or some other
executive clemency. The Probation Administration exercises general supervision over all parolees
and probationers and promotes the correction and rehabilitation of offenders. There are other
agencies charged with the administration and supervision of prisoners and detainees. These are
the Bureau of Jail Management and Penology (which supervises city and municipal jails), and the
various Offices of the Provincial Jail Warden/Provincial Governor (which administers the
Provincial Jails), which are under the Department of the Interior and Local Government (DILG). It
bears emphasis that the administration of criminal justice is not the exclusive responsibility of
the police, the prosecutors, the judges, and the corrections personnel. "Out of necessity," it has
been said, "the criminal justice system relies on citizen participation". Without the active
participation of the members of the community, the processes of the criminal justice system
cannot operate.

The police rely on citizens to report crimes and to assist them in the conduct of investigations.
The prosecutors and the judges depend upon citizens as witnesses in the prosecution of the
offender. The corrections' staff trust them to support community-based corrections programs
(Puno, Contemporary Problems in the Administration of Criminal Justice, CJ Journal, 1982, vol.
2). The community at large is expected to formulate moral and ethical values, develop the
environment for the development of civic-spirited citizens, foster respect for and observance of
the Rule of Law. Public and private educational institutions, parents and guardians, churches,
religious organizations, civic associations, among others, are collectively considered a
component of the CJS, so are individual citizens who are supposed to prevent crimes, report
offenses to the authorities, make warrantless arrests in proper cases, give evidence in court to
put criminals behind bars, and help in the rehabilitation of offenders.

The community component also includes attorneys who, among other things, give counsel and
help settle rights and prevent controversies. The community pillar also includes government
institutions, such as the Bureau of Posts which delivers court notices; the Bureau of Immigration
and Deportation which prevent departure of suspects from the country; Bureau of
Telecommunications which transmits communications by telephone, telegram, radio (Phil. Law
Gazette, Narvasa). In this regard, the mass media should be encouraged to contribute positively
to the education of the public on issues of crime prevention and criminal justice, as an important
tool of socialization, together with programs on civic and legal education. We believe that
broadcasters have a crucial role as social catalysts, exerting influence on the way people think
and the way they live, specifically in the aspects of crime prevention and public safety. If we
want a safer place for our families, friends and neighbors, citizens like you need to take an active
part now.

Steps in the Criminal Justice Process: The major steps in processing a criminal case are as
follows:

1. Investigation of a crime by the police. The purpose of a criminal investigation is to gather

evidence to identify a suspect and support an arrest. An investigation may require a search, an
exploratory inspection of a person or property. Probable cause is the standard of proof required
for a search. Probable cause means there are facts or apparent facts indicating that evidence of
criminality can be found in a specific place.

2. Arrest of a suspect by the police. An arrest involves taking a person into custody for the
purpose of holding the suspect until court. Probable cause is the legal requirement for an arrest.
It means that there is a reasonable link between a specific person and a particular crime.

3. Prosecution of a criminal defendant by a district attorney. When deciding whether to charge a

person with a crime, prosecutors weigh many factors, including the seriousness of the offense
and the strength of the evidence.

4. Indictment by a grand jury or the filing of an information by a prosecutor. Under the Federal
Rules of Criminal Procedure, an indictment is required when prosecuting a capital offense. A
prosecutor has the option of an indictment or an information in cases involving crimes
punishable by imprisonment. In about half the states and the federal system, a grand jury
decides whether to bring charges against a person in a closed hearing in which only the
prosecutor presents evidence. The defendant has no right to be present at grand jury
proceedings and no right to have a defense attorney represent him or her before the grand jury.
The standard for indicting a person for a crime is probable cause. In the remaining states, a
prosecutor files a charging document called an information. A preliminary (probable cause)
hearing is held to determine if there is enough evidence to warrant a trial. The defendant and his
or her attorney can be present at this hearing to dispute the charges.

5. Arraignment by a judge. Before the trial, the defendant appears in court and enters a plea.
The most common pleas are guilty and not guilty.

6. Pretrial detention and/or bail. Detention refers to a period of temporary custody prior to trial.
Bail is an amount of money paid by a defendant to ensure he or she will show up for a trial.

7. Plea bargaining between the defense attorney and the prosecutor. Usually, in plea bargaining,
the defendant agrees to plead guilty in exchange for a charge reduction or sentence reduction.

8. Trial/adjudication of guilt by a judge or jury, with a prosecutor and a defense attorney

participating. A trial is held before a judge or jury. The standard of evidence for a criminal
conviction is guilt beyond a reasonable doubt than 100 percent certainty but more than high
probability. If there is doubt based on reason, the accused is entitled to be acquitted.

9. Sentencing by a judge. If the accused is found guilty, a judge metes out a sentence. Possible
sentences include a fine, probation, a period of incarceration in a correctional institution, such as
a jail or prison, or some combination of supervision in the community and incarceration.

10. Appeals filed by attorneys in appellate courts and then ruled on by appellate judges. If an
appellate court reverses a case, the case returns to trial court for retrial. With a reversal, the
original trial becomes moot (that is, it is as though it never happened). Following a reversal, a
 prosecutor decides whether to refile or drop the charges. Even if a prosecutor drops the charges,
the defendant can still be prosecuted later as long as the statute of limitations for the crime the
defendant is accused of committing hasn't run out. Such a statute imposes time limits on the
government to try a case.

11. Punishment and/or rehabilitation administered by local, state, or federal correctional

authorities. Most inmates do not serve the complete term and are released before the
expiration of their maximum sentences. Release may be obtained by serving the maximum
sentence mandated by a court or through an early release mechanism, such as parole or pardon.

lesson 3: The Prime movers of PCJS: Law Enforcement Learning Objectives: At the end of the lesson, the
student should be able to:

1. Summarize the development of police service in the Philippines.

2. Identify the role of the law enforcement in the Philippine Criminal Justice System.
Concept/Discussion: In this lesson, you will determine the different law enforcement in the
country as well as how does the police service evolved overtime. In addition, you will understand
more the role of the law enforcement by determining their part in the criminal justice system in
the country.

The police (law enforcement) stand the forefront of the Criminal Justice System. Law
Enforcement is a deterrent and preventive activity. It consists of patrolling to supervise, conduct,
investigating to identify offenders and or recover stolen or missing property warning or arresting
those who are probably guilt of criminal behavior and assisting in the prosecution and trial of an
offender. Its goals are aimed towards the prevention of the crime and disorder, preservation of
peace and the protection of life, properties and individual freedom.

A large number of government agencies are involved in law enforcement one way or another.
The kind and degree of involvement vary from general to specific law enforcement to enforcing
standards and regulation pertaining to regular government activities. In the Philippines, the law
enforcement function is spearheaded by the Philippine National Police (PNP) the Department of
Interior and Local Government (DILG) and the National Bureau of Investigation (NBI) under the
Department of Justice (DOJ).

In addition to these government offices there are other agencies tasked with enforcing special laws.
Among these are:

• Presidential Anti-Organized Crime Task Force (PAOCTF)

• Bureau of Internal Revenue (BIR)

• Land Transportation Office (LTO)

• Bureau of Customs (BOC)

• Bureau of Immigration (BOI)

• Economic and Intelligence and Investigation Bureau (EIIB)

• Food and Drug Administration (FDA)

• Philippine Coast Guard (PCG)

• Marine Industry Authority (MARINA)

• Bureau of Forest Development

• Department of Agriculture (DA)- BFAR BPI ETC.

• Air Transportation Office (ATO)

• National Telecommunications Commission (NTC)

• Bureau of Product Standards (BPS)

Development of Police Service It primitively evolved from the practice of different tribes to select
able bodied young men to protect their villagers not from the assault of criminals but from
depredations of wild animals which prey their crops and lives stock during night time. These young
men who walked around their villages during the night to render protection need not to work in the
fields during the day. The village council agreed that they were given equal share of the harvest for
the families.

Historically this is the forerunner of the contemporary patrol of the police for crime prevention. The
Guardia Civil en las Filipinas(Spanish) translated to the "Civil Guard in the Philippines" was the
branch of the Civil Guard organized under the Captaincy General of the Philippines and a component
of the Spanish Army. The Veteran Civil Guard of Manila was formed in 1871-72 as an urban
paramilitary police force to assist the regular Guardia Civil in subduing insurgent and criminal
activates in the region of Manila.

The force was made up of loyal native Filipinos that had served in the Spanish Army, naturally under
the command of Spanish officers. Majority of the Guardia Civil were composed of Filipinos and they
were approximately 60% of the total force. It was disbanded after the Spanish-American War. After
the Philippine-American War, it was eventually replaced by the American colonial government with
the Philippine Constabulary. For several decades prior to 1991, the primary peace and order arm of
the national government was an organization known as the Philippine Constabulary.

On Aug. 8, 1901, American colonial authorities established a constabulary force for the purpose of
maintaining peace, law and order in the country, replacing the Spanish Guardia Civil. Actually, the
main role and mission of the force was to assist the US military in their pacification. drive against
Filipino revolutionaries who continued the fight for independence even after the surrender of Gen.
Emilio Aguinaldo. Under the guise of eliminating supposedly lawless elements described as bandits
or tulisanes or but who were actually freedom fighters, they organized constabulary units led by
American officers in the hunt for rebel leaders like Macario Sakay, Miguel Malvar, Vicente Lukban
and others.

They used “hamletting” techniques that were later replicated in the Vietnam war. It was the
standard colonial practice of pitting natives against each other. The first Filipino to be appointed chief
of the Philippine Constabulary (PC) was Brig. Gen. Rafael Crame, after whom Camp Crame is named.

When the Commonwealth government was established in 1935, the Philippine Constabulary became
the backbone of the newly-created Army of the Philippines. After World War II, four major services,
Philippine Army, Constabulary, Navy, and Air Force were activated under an AFP (Armed Forces of
the Philippines) command. The main function of the PC was to maintain peace and order as the
countrys national police force.

All four services were placed under the Department of National Defense. The Integrated National
Police (INP) (Filipino: Pinagsamang Pulisyáng Pambansà, PPP; Spanish:Policía Nacional Conjunto,
PNC) was the municipal police force for the cities and large towns of the Republic of the Philippines.
When President Ferdinand Marcos declared martial law on September 21, 1972, he placed the entire
country under an authoritarian military rule. He reorganized the national police by merging the PC
and the local police forces into one Philippine Constabulary/Integrated National Police (PC/INP).

The organization gained notoriety for its widespread corruption and human rights violations. and,
together with the Philippine Constabulary, became what was known as the PC/INP joint service.
When a popular revolution toppled the Marcos regime in 1986, a new Philippine.
Constitution was promulgated providing for a police force that is national in scope and civilian in
character. Thus, Congress abolished the PC/INP in 1991 and formed the Philippine National Police
(PNP) under the Department of Interior and Local Government (DILG).

Members of the PC/INP were retained by the PNP and select members of the major service units of
the Armed Forces of the Philippines (AFP) were likewise absorbed. Because of this, the leadership of
what was intended to be a civilian police organization has retained its militaristic orientation. The
last graduates of the Philippine Military Academy (PMA) who are currently serving in the PNP are
expected to retire in 2026.

In December 1990, four years after the 1986 Edsa revolution, Republic Act No. 6975 was passed,
establishing the Philippine National Police under a reorganized Department of Interior and Local
Government. It is commonly known as the Revolution in 1986, a new Constitution was promulgated
providing for a police force, which is “national in scope and civilian in character” Consequently,
Republic Act No. 6975 entitled, “An Act Establishing the Philippine National Police under a
Reorganized Department of the Interior and Local government (DILG)” was signed into law on
December 13, 1990, which took effect on January 1, 1991.

Subsequently, the PNP was operational on January 29, 1991, whose members were formerly the PC
and the INP and the absorption of the selected members from the major service units of the Armed
Forces of the Philippines such as the Philippine Air Force Security Command, the Philippine Coast
Guard, Philippine Navy, and the Philippine Army.

Thus, to further strengthen the PNP into a highly efficient and competent police force, Republic Act
No. 8551 entitled “PNP Reform and the Reorganization Act of 1998” was enacted on February 17,
1998, amending certain provisions of Republic Act No. 6975.

In 2002, Republic Act No. 9165 created the Philippine Drug Enforcement Agency (PDEA) to serve as
the lead anti-drugs law enforcement agency. The agency was patterned after the United States Drug
Enforcement Administration (DEA).

Upon conclusion of police investigation, public prosecutors from the National Prosecution Service
(NPS) conduct additional investigation of criminal complaints. When probable cause is found, formal
charges are filed before the appropriate court. The NPS is under the Department of Justice (DOJ). It
consists of the Prosecution Staff in the Office of the Secretary of Justice, the Regional State
Prosecution Offices, the Provincial Prosecution Offices, and the City Prosecution Offices.

All criminal actions are prosecuted under the direction and control of public prosecutors. However, it
is not unusual to see lawyers for the victims participating in the proceeding as private prosecutors.

Police Role in the Criminal Justice System

Specifically, the first stage in the criminal justice process pertains police or Law enforcement
activities which are carried on through INVESTIGATION of crimes that are reported to or discovered
by the police or Law enforcers.

POLICE INVESTIGATION

The law enforcement consists of the officers and men of the Philippine National Police (PNP), the
National Bureau of Investigation (NBI), and other agencies. When they learn of the commission of
crimes or discover them, it is now called as initial contact. The initial contact with the criminal justice
system takes place as a result of police actions. Example. Police assigned on patrol observed a person
actually committing a crime, or contacted by a victim who reports a crime, the police respond by
going to the scene of the crime to investigate.

The second step is to investigate. The purpose of the investigatory stage is to gather sufficient
evidence to identify the suspect and support a legal arrest Investigate the crime which may take the
form of surveillance and observation of suspects, other persons and premises; interviewing persons
with knowledge of facts directly or indirectly connected with the offense; taking photographs
(surreptitiously or otherwise); arranging for entrapment; searching premises and persons subject to
constitutional and statutory safeguards; and examining public and other available records pertaining
to the persons involved and getting copies of pertinent entries.

The police officers, in other words, collect evidence for use in the prosecution of the suspects in the
court. This may consist of the testimony of witnesses, including invited suspects, which are invariably
taken down in question-and-answer form; writings and objects, e.g., gun, knife, other weapons used
in the commission of the crime, clothing of the victim, etc.

When sufficient evidences were gathered, arrest may take place. Arrest means the taking of a person
into custody in accordance with lawful order and holding the person to answer for a violation of the
criminal law. The law enforcement will arrest suspects by virtue of a warrant of arrest issued by a
judge on the basis of evidence submitted by them or under circumstances justifying a warrantless
arrest.

The instances when an arrest without warrant may be lawfully effected by a peace officer or a
private person are as follows:

(1) When in his presence, the person to be arrested has committed, is actually committing or is
attempting to commit an offense;

(2) When an offense has in fact just been committed, and he has personal knowledge of facts
indicating that the person to be arrested has committed it; and

(3) 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 temporarily confined while his case in pending or has
escaped while being transferred from one confinement to another.

The moment after an arrest is made, the detained suspect is considered under police custody and is
now restricted of his freedom of movement. The police may wish to search the suspect for weapon
or contraband.

Any person who4while in custody or otherwise deprived of liberty is under investigation for the
commission of an offense, has the following constitutional rights, among others:

1) He must be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of counsel;

2) No torture, force, violence, threat, intimidation or any other means which vitiate the free will shall
be used against him; secret detention places, solitary, in communicado or other similar forms of
detention are prohibited; and

3) Any confession or admission obtained in violation of the foregoing shall be inadmissible in

evidence against him.

NOTE: In every stage of these processes, the police is mandated by law to appraise the person or
suspect of his constitutional rights, otherwise the failure (intentional or unintentional) of the police
will be held criminally liable for noncompliance thereof.

If the arresting officer or his superior believes that sufficient evidence exists, charging will take place,
the person is charge with specific crime for which he had been arrested.

REFERRAL

After the formal investigation has been completed the police has to refer the investigation report to
the prosecutor's office, including the evidence (Physical or documentary proof) and the suspect if he
is in custody.

Refer the case and the suspects to the Office of the Public Prosecutor or Municipal Trial Court for
preliminary investigation or directly to the Municipal Trial Court for trial and judgment.

• COURT APPEARANCE/DUTY
The police (investigator or arresting officer) when summon by the court must appear in court to
stand as witness for the prosecution.