CRIMINAL JUSTICE

SYSTEM
LAW ENFORCEMENT PILLAR
 Law Enforcement

• Prime mover or the initiator of

the system
• First contact of the law violator
in the CJS process
• PNP, NBI, PDEA, etc.
 Legal Bases – Law Enforcement

1987 Constitution RA 9372

RA 6975 RA 10630
RA 10973 RA 9165
RA 7438 RA 4200
RA 10867 RA 9344
Rule 110, Rules of Court Rule 113, Rules of Court
Revised Penal Code
SYSTEM RELATIONSHIP WITH OTHER PILLARS

• Police and other Law Enforcement Units

 cooperation
 joint police operations
 intelligence operations and networking against criminal
elements
 joint data gathering and sharing of information
SYSTEM RELATIONSHIP WITH OTHER PILLARS

• The Police and the Prosecution

 Relationship is established and maintained in the
preparation and presentation of evidence, the prosecution
relies heavily on the effort of the police to prosecute
criminals
 Part of the prosecution, the police testify in the court
concerning the investigation of the case and the evidence
gathered against the suspect
 the burden of proving the guilt of the accused by the
prosecution is entirely dependent upon the evidence
presented by the police
SYSTEM RELATIONSHIP WITH OTHER PILLARS

• The Police and the Court

Through legal processes and criminal proceeding
The police must get the necessary search warrant
from the court to conduct search and seizure
operation against any form of criminal activities
SYSTEM RELATIONSHIP WITH OTHER PILLARS

• The Police and the Correction

Through provisions of security, police escort and custodial
services, police escort and custodial services
Transfer of prisoner from one confinement to another
necessitates the help of police, POLICE ESCORT is necessary
to augment the security requirements of dangerous prisoners
and criminals, to prevent any attempt to escape
The police help in the manhunt against fugitives, escapees and
bring them back behind prison bars
SYSTEM RELATIONSHIP WITH OTHER PILLARS

• The Police and the Community

 Police community cooperation
 Prevent commission of crime
 Eradicate drugs
 Arrest suspects and criminals
Some government agencies that have special police powers:

1. Bureau of Immigration (BI) – an attached agency under the DOJ, tasked

to enforce the immigration laws of the country; investigates and arrests
illegal and undocumented aliens, foreign fugitives and criminals operating
in the country
2. Bureau of Customs (BOC) – under Department of Finance, tasked to
enforce customs and tariff duties in all the Philippine airports and seaport
nationwide; investigates and arrests smugglers and those suspected of
violating custom laws
3. Bureau of Internal Revenue (BIR) – under Department of Finance,
enforces tax laws and regulations; investigates tax evasion and arrests
similar violators
4. Bureau of Food and Drugs (BFAD) – under DOH, enforces and
regulates manufacture of food and drugs; investigates and arrests
unscrupulous manufacturers and makers of substandard food and drugs
without license or permits
Some government agencies that have special police powers:

5. Bureau of Quarantine – attached agency under DOH, empowers to

enforce measures to stop, control and monitor the spread of disease by
conducting quarantine on all air and seaports across the country
6. Land Transportation Office (LTO) – regulates land transportation industry
and enforces transportation laws and regulations; investigates arrest and
prosecutes “colorum” or out of the line vehicles
7. Maritime Industry Authority (MARINA) – regulates the maritime and
shipping industry; it oversees the sea worthiness of all sea-going vessels
8. Optical Media Board (OMB) – formerly known as Videogram Regulatory
Board, operates against the proliferation of fake and pirated VHS, DVD, VCD
or CD tapes
9. Intellectual Property Office (IPO) – an interagency attached under the
Department of Trade and Industry operates against the intellectual property
and copyright laws
Some government agencies that have special police powers:

10. Movie and Television Review and Classification Board (MTRCB) –

operates against pornography films shown on television and movie
houses
11. Department of the Environment and Natural Resources (DENR) –
Operates against illegal logging; investigates and prosecutes violators of
environment protection of laws
12. Banko Sentral ng Pilipinas (BSP) – regulates banking industry and
enforces banking laws; investigates arrest and prosecutes counterfeit
currency manufacturers and passers
13. Intellectual Property Office (IPO) – under DTI; enforce all laws
pertaining to the Intellectual property and apprehend/prosecutes violators
thereof
Philippine National Police
RA 6975, Section 24. Powers and
Functions. –

(a) Enforce all laws and ordinances

(b) Maintain peace and order
(c) Investigate and prevent crimes
(d) Exercise the general powers to make
arrest, search and seizure
Philippine Drug Enforcement Agency
RA 9165, Section 84. Powers and
Duties of the PDEA. –

(b) Undertake the enforcement of the

provisions of Article II of this Act and
investigate all violators
(d) Arrest and search all violators
and seize or confiscate, the effects
or proceeds of the crimes
(h) filing of appropriate criminal and
for violation of all laws on
dangerous drugs
National Bureau of Investigation
RA 10867, Sec. 4. Powers and
Functions.
a. Undertake the investigation of
crimes
b. Issue subpoena
k. Conduct intelligence operations

Sec. 9. Powers Functions of

Agents.
b. Conduct searches, arrest and
seizures
Common Law Enforcement
Functions
 Crime Detection
 Crime Investigation
 Apprehension of Suspects
 Search and Seizure
 Case Preparation
 Order Maintenance (Peacekeeping Police Role)
 Crime Prevention (Police Goal)
Police Discretion
Patrol
CRIME DETECTION
 CRIME DETECTION
1. Receipt of citizen complaints or calls for assistance
2. Receipts of signals from alarm devices
3. Observation by officers on patrol of suspicious behavior, a
crime in progress, or the aftermath of a crime
4. Observation of the planning or execution of crimes by pro-
active measures (use of undercover agents, electronic
devices for wire tapping or bugging, stakeouts)
Response Time
- the time that elapses between receipt of the call or alarm and
the arrival of responding officers at the crime scene
CRIME INVESTIGATION
 CRIME INVESTIGATION
 Police activity directed toward the identification and
apprehension of alleged criminals and the
accumulation, preservation, and presentation of
evidence regarding their alleged crimes.
 The main objective is to determine who the criminal is
and to develop and present legally accepted evidence
to a court of law so that a conviction is assured and a
crime solved.
 Criminal Investigation Process
A. Preliminary/Initial Investigation
 the initial or beginning phase of a systematic inquiry into an
alleged crime
 Primary responsibility of the investigating officer are taking care
injured persons, arrest or pursue suspects, protect the crime scene
so that physical evidence will not be destroyed or modified.
B. Follow-up Investigation
 an extension, or continuation of the preliminary investigation
 it is necessary to bring a case to a successful conclusion, or to
solve an unsolved case
 interviewing, re-interviewing of witness to a crime, surveillance,
interrogation of suspects, identification and apprehension of the
offender, preparation of the entire case for prosecution
ARREST OR CRIMINAL
APPREHENSION
 Booking Process (PNP MC 2011)
(1) Record the arrest made in the Police Blotter;
(2) Conduct pat down or strip search of the suspect;
(3) Submit the suspect for medical examination;
(4) Take the criminal suspect’s personal information (i.e. name, date of
birth, physical characteristics, etc.);
(5) Record information about the suspect’s alleged crime;
(6) Perform a record search of the suspect’s criminal background;
(7) Fingerprint and photograph the suspect;
(8) Take custody of any personal property carried by the suspect (i.e.
keys, purse), to be returned upon the suspect’s release; and
(9) Place the suspect in a police station lock-up/holding cell or local jail
Detention:
the actual confinement of a person in an enclosure, or in any
mannerdetaining and depriving him of his liberty (People v.
Gungon).
What is arrest?
Arrest is the taking of a person into custody in order that he
may be bound to answer for the commission of an offense.
(Ref: Sec. 1)
What is warrant of arrest?
It is a legal process issued by the competent authority, directing the
arrest of a person or persons upon ground stated therein.
 How is an arrest 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. (Sec. 2, Rule
113)
a. All arrests should be made only on the basis of a valid Warrant of
Arrest issued by a competent authority, except in instances where the law
allows warrantless arrest.
b. No violence or unnecessary force shall be used in making an arrest,
and the person to be arrested shall not be subjected to any greater restraint than
what is necessary under the circumstances.
c. A Warrant of Arrest is no longer needed if the accused is already under
detention. An Order of Commitment is issued by the judge in lieu of the
Warrant of Arrest.
State the duties of the arresting officer.
It shall be the duty of the officer executing the warrant without
unnecessary delay to arrest the accused and to deliver him to the
nearest police station or jail. (Ref sec 3 of rule 113)
Within what period the warrant of arrest
should be enforced?
• The head of the office to whom the warrant of arrest has been
delivered for execution shall cause the warrant to be executed within
ten (10) days from receipt thereof. (Ref sec 4)
State the duty of the officer after the expiration
of ten (10) days from receipt of the warrant of
arrest.

• Within ten (10) days after the expiration of such period, the officer to
whom it was assigned for execution, shall make a report to the judge
who issued the warrant and in case of his failure to execute the same,
shall state the reasons therefore. (Ref sec 4 of rule 113)
What is the lifetime of a warrant of arrest?
• A warrant of arrest remains valid until arrest is effected or the
warrant is lifted.
 When may a person be arrested without
warrant?
• 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.

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

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.

d. Where the accused released on bail attempts to leave the country without court permission; e.
Violation of conditional pardon, punishable under Article 159 of the Revised Penal Code as a case of
evasion of service of sentence; and f. Arrest following a Deportation Proceeding by the Immigration
Commissioner against illegal and undesirable aliens.
At what time may a warrant of arrest be
executed?
• An arrest may be made on any day at any time of the day or night.
(Sec. 6)
 How should an officer enforce a warrant of
arrest?
• When a peace officer is making an arrest, he has to fulfill the following duties:

1.He shall inform the arrestee of the arrest.

2.He shall also inform the arrestee of the fact that a warrant of arrest has been
issued against him.

However, the officer may dispense with the said formality under the
following circumstances:
a.The (except)arrestee flees;
b.The arrestee forcible resist before the officer has the opportunity to so inform
him;
c.The giving of information will imperil or frustrate the arrest.
What should an officer do when making an
arrest 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 person to be arrested is then engaged in the commission of
an offense or is pursued immediately after its commission or after
an escape, or flees or forcibly resists before the officer has an
opportunity to so inform him, or when the giving of such
information will imperil the arrest. (Sec. 8)
What should a private person do when
effecting arrest?
• A private person when making an arrest shall inform the person to
be arrested of the intention to arrest him and cause of the arrest,
unless the person to be arrested is then engaged in the commission of
an offense or is pursued immediately after its commission or after an
escape, or flees or forcibly resists before the person making the arrest
has opportunity to so inform him, or when the giving of such
information will imperil the arrest. (Sec.9)
What may an officer do if in effecting
arrest, he needs assistance?
• An officer making a lawful arrest may orally summon as many
persons as he deems necessary to aid him in making the arrest. Every
person so summoned by an officer shall aid him in the making of such
arrest, when he can render such aid without detriment to himself. (Sec.
10)
What is the remedy of a peace officer who is
refused admittance into a building where the
person to be arrested is believed to be in?
• An officer in order to make an arrest either by virtue of a warrant, or
when authorized to make such arrest for an offense without a
warrant, as provided in Section 5, may break into any building or
enclosure in which the person to be arrested is or is reasonably
believed to be, if he is refused admittance thereto, after he has
announced his authority and purpose. (Sec. 11)
What can the officer do if after entering a
building to effect arrest, he could not get out?

• He may break out of that building when necessary for the purpose of
liberating himself. (Sec. 12)
What is the remedy against an arrested
person who escapes?

• If a person lawfully arrested escapes or rescued, any person may

immediately pursue or retake him without a warrant at any time and
any place within the Philippines. (Sec. 13)
State the rights of an attorney or relative of
a person arrested?
• Any member of the bar shall, at the request of the person arrested or
of any another acting in his behalf, have the right to visit and confer
privately with such person, in the jail or any other place of custody at
any hour of the day or, in urgent cases, of the night. This right shall
also be exercised by any relative of the person arrested subject to
reasonable regulation. (Sec. 14)
 BOOKING OF ARRESTED SUSPECTS FLOWCHART
SUSPECT IS ARRESTED

ARRESTING OFFICER BRINGS THE SUSPECT TO THE POLICE STATION

DESK OFFICER ENTERS INTO THE BLOTTER THE ARREST AND PREPARES REQUEST FOR MEDICAL
EXAMINATION OF SUSPECTS

ARRESTING OFFICER BRINGS SUSPECTS TO THE GOVERNMENT HOSPITAL FOR MEDICAL

EXAMINATION

ARRESTING OFFICER BRINGS BACK SUSPECTS TO STATION AND ACCOMPLISHES ARREST AND
BOOKING FORMS

ARRESTING OFFICER REFERS THE SUSPECTS TO THE DUTY INVESTIGATOR

DUTY INVESTIGATOR ASSISTS PREPARATION OF BOOKING FORMS AND TAKES THE TENPRINTS AND
MUG SHOTS

DUTY INVESTIGATOR TURNS OVER THE SUSPECTS TO THE DUTY JAILER

DUTY JAILER TAKES CUSTODY OF THE SUSPECTS AND PLACE THEM IN THE LOCK-UP CELL