CRIMINAL JURISPRUDENCE AND LAW

CRIMINAL JUSTICE SYSTEM Basic Objectives of the Police

The Police Force is a major component of the judicial
First Pillar of Criminal Justice System: Law system. Its primary tasks are legal security and
Enforcement individual security before the law.

Law enforcement is the prevention and control of  The prevention of crime and delinquency by
crimes, enforcement of laws, and effecting the arrest of modifying the conditions that produce them, by
offenders, including the conduct of lawful searches and instilling respect for law and order, and by
seizures to gather necessary evidence. cooperating with other agencies in the promotion of
public welfare.
There are two agencies in charge of Law Enforcement:  The repression of the criminality and delinquency of
a) Philippine National Police those who are inclined by patrolling neighborhoods,
b) National Bureau of Investigation inspecting the premises, and keeping the
community fully informed regarding the affairs of the
Other agencies that enforce special laws are the areas over which they have jurisdiction.
following:  Apprehension and identification of offenders and
a) Bureau of Internal Revenue the accumulation of evidence against persons
b) Land Transportation Office charged with crime.
c) Bureau of Customs  The recovery of stolen property so as to reduce the
d) Philippine Coast Guard costs of crime and restrain those who, though not
e) Philippine Aviation Security Command active criminals, might benefit from the gains of
f) Food and Drug Administration crime.
g) Marine Industry Authority  The regulation of people in their non-criminal
h) Air Transportation Office activities, like the direction of traffic and the
i) Bureau of Fisheries and Aquatic Resources enforcement of sanitation and licensing laws and
ordinances.
Police - The word “police” generally means the
arrangements made in a civilized state to ensure that Police Functions
the inhabitants keep the peace and obey the law. It is The police play an important role in the administration of
considered a public office. justice. They are considered the savior of our modern
society.
Police, as a public office, is charged with peace and
order, protection of life and property, arrest of violators  Protecting lives and properties and serving the
of law, and enforcement of the law. The word also community;
denotes to the force of peace officers (or police officers)  Participating in crime prevention and crime
employed for this purpose. suppression;
 Preventing criminal and delinquent behaviors at the
A public office is defined as an office created by law grassroots level within the area of responsibility.
with responsibilities especially assigned by law and  Repressing criminal and delinquent behaviors;
occupied by a person who is either appointed by a  Identifying, apprehending and convicting offenders
competent authority or elected to the said office in order within their area of responsibility ; and
to carry out his functions.  Regulating traffic flow and collision reduction.

POLICE as an acronym: Basis of Law Enforcement in the Philippines

 Act No. 3815 or the “Revised Penal Code”
P - Person  Special Laws passed by Congress
O - Of  Ordinances
L - Leadership  1987 Philippine Constitution, Article III, Sec. 2 and
I - Integrity Sec. 12 - Bill of Rights
C - Courage  Rules on Criminal Procedure - Rules of Court
E - Efficiency  Rules on Evidence - 2019 Rules of Court

Importance of Police
The police are in a strategic position to detect the 1987 Philippine Constitution - Article III
causes of crime and delinquency and to prevent such
acts. They are the first point of contact between the Section 2. The right of the people to be secure in their
citizen and the law. They are in the “front line” and their persons, houses, papers, and effects against
vigor and efficiency are mostly determined by the unreasonable searches and seizures of whatever nature
society’s reaction to violations of the law. and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon
Three Major Police Functions: probable cause to be determined personally by the
a) Crime Prevention judge after examination under oath or affirmation of the
b) Crime Investigation complainant and the witnesses he may produce, and
c) Traffic Supervision
 CRIMINAL JURISPRUDENCE AND LAW
particularly describing the place to be searched and the a. Enforce all laws and ordinances/ relative to the
persons or things to be seized. protection of lives and properties
b. Maintain peace and order and take all necessary
Section 12. steps to ensure public safety;
a) Any person under investigation for the commission c. Investigate and prevent crimes, effect the arrest of
of an offense shall have the right to be informed of criminal offenders, bring offenders to justice and
his right to remain silent and to have competent and assist in their prosecution;
independent counsel preferably of his own choice. d. Exercise the general powers to make arrest, search
If the person cannot afford the services of counsel, and seizure in accordance with the Constitution and
he must be provided with one. These rights cannot pertinent laws.
be waived except in writing and in the presence of e. Detain an arrest person for a period not beyond
counsel. what is prescribed by law, informing the person so
b) No torture, force, violence, threat, intimidation, or detained of all his rights under the Constitution;
any other means which vitiate the free will shall be f. Issue licenses for the possession of firearms and
used against him. Secret detention places, solitary, explosives in accordance with law;
incommunicado, or other similar forms of detention g. Supervise and control the training and operations of
are prohibited. security agencies and issue licenses to operate
c) Any confession or admission obtained in violation of security agencies, and to security guards and
this or Section 17 hereof shall be inadmissible in private detectives, for the practice of their
evidence against him. professions; and
d) The law shall provide for penal and civil sanctions h. Perform such other duties and exercise all other
for violations of this section as well as functions as may be provided by law.
compensation to and rehabilitation of victims of
torture or similar practices, and their families. Composition of the PNP
1. Police forces who were integrated into the
Integrated National Police (INP)
THE PHILIPPINE NATIONAL POLICE 2. Officers and enlisted personnel of the Philippine
Constabulary (PC)
The Philippine National Police (PNP) originated from the 3. Technical services of the AFP assigned with the PC
Philippine Constabulary or the PC, which was and the civilian operatives of the Criminal
inaugurated on August 8, 1901, establishing it as an Investigation Service (CIS); and
insular police force under the American regime. On 4. Regular operatives of the abolished NAPOLCOM
August 8, 1975, Presidential Decree no. 765 was Inspection, Investigation and Intelligence Branch.
issued, establishing the Philippine Constabulary
Integrated National Police or the PC/INP as the Police Corruption
country’s national police force. These fragmented and The reasons for police corruption can be varied as there
diverse local police units were integrated into a national are prevailing situations and occasions. Foremost is
police force with the Philippine Constabulary as its money laundering- the opportunity to satisfy greed with
nucleus. little chance of being caught and punished. Apparently,
this is the most common form, but it does not explain
After the People’s Revolution in 1986, a new everything about corruption.
Constitution was promulgated providing for a police
force, which is “national in scope and civilian in 1. Corruption of Authority - this type of corruption
character.” Consequently, Republic Act No. 6975 emanates from the broad discretion police have in
entitled, “An Act Establishing the Philippine National much of their work and the tension between
Police under a Reorganized Department of the Interior efficiency standards versus the activities that must
and Local government (DILG),” was signed into law on ensure due process.
December 13, 1990, which took effect on January 1, 2. Opportunistic Corruption - this type includes the
1991. Subsequently, the PNP was operational on protection of illegal activities, kickbacks,
January 29, 1991, whose members were formerly the shakedowns, and the quashing of criminal
PC and the INP and the absorption of the selected prosecution.
members from the major service units of the Armed
Forces of the Philippines such as the Philippine Air Police Leadership
Force Security Command, the Philippine Coast Guard, Is an act that influences others to be motivated and
Philippine Navy, and the Philippine Army. committed to work for the benefits of the whole
community.
Thus, to further strengthen the PNP into a highly
efficient and competent police force, Republic Act No. Police Discretion
8551 entitled “PNP Reform and the Reorganization Act The police officer is vested by the law with discretion to
of 1998” was enacted on February 17, 1998, amending act in certain conditions or situations in accordance with
certain provisions of Republic Act No. 6975. his own judgment or conscience. For as long as his
concept of police discretion is not in conflict with the
The Key Functions of the PNP under Section 24 of RA letter and spirit of the law, he must have flexibility in
6975 are as follows: dealing with situations he encounters in his work.
 CRIMINAL JURISPRUDENCE AND LAW
Some Discretion of the Police In cases falling under paragraph (a) and (b) above, the
1. To be lenient, when necessary, in the enforcement person arrested without a warrant shall be forthwith
of laws and ordinance. (eg., He cannot pull over delivered to the nearest police station or jail and shall be
every speeding driver all the time) proceeded against in accordance with section 7 of Rule
2. Not to be strict in effecting arrest in less serious 112. (5a)
cases
3. To gather additional evidence or immediately file a
case against the suspect
4. To follow up cases

How is an arrest made?

Arrests can be made into two ways:
a) Arrests by virtue of a warrant
b) Valid warrantless arrests

RULE 113

Arrest
Section 1. Definition of 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. (1)

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. (2a)

Section 3. Duty of arresting officer. — It shall be the duty

of the officer executing the warrant to arrest the accused
and to deliver him to the nearest police station or jail
without unnecessary delay. (3a)

Section 4. Execution of warrant. — The head of the

office to whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed within
ten (10) days from its receipt. Within ten (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 his failure to execute
the warrant, he shall state the reasons therefor. (4a)

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;
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.