Cjs

• The Police/ Law Enforcement are installed as the forefront of the Criminal Justice System (CJS), being the initiator of the CJS process, they are the first contact of the law violator in the CJS process. It is the police that investigates, makes arrests and prepares evidence against the suspects needed to prosecute them.
• Policing during the Spanish Regime in the Philippines


  Inherently a part of the military system, the locally organized police forces, although performing civil duties and seemingly created for the sole purpose of maintaining peace, were in fact directly commanded by the colonial military government.
• Police functions during the Spanish Regime

  • Suppression of brigandage by patrolling unsettled areas
  • Detection of local or petty uprising
  • Enforcement of the tax collection, including church revenues
• Police Forces Organized the Spanish Regime

  • Carabineros de Seguridad Publico (Mounted Police)
  • Guardrilleros
  • Guardia Civil
• During the Japanese Occupation, the Japanese Military Police known as "Kempetai" was held responsible in maintaining peace and order in Manila. The Manila Police, which was created during the first American occupation, was renamed into Metropolitan Constabulary under the Bureau of Constabulary.
• Important features of the first American Occupation period

  • Insular Police Force was established
  • Another Insular Police Force was created
  • Manila Police Department was organized
  • The Philippine Constabulary (PC) was formally established
  • Revised Administrative Code of 1917 stated that the Philippine Constabulary is a national police institution
  • Act # 181 required the creation of a Bureau of Investigation, which later became the National Bureau of Investigation
• Important dates and events during the Post World War II

  • Republic Act # 2678 provided the expansion and reorganization of the NBI
  • Rules of Court took effect in 1964
  • Republic Act # 4864 created the Police Commission (POLCOM)
  • President Decree # 765 placed the NAPOLCOM under the office of the Ministry of National Defense
  • Republic Act # 6975 created the Philippine National Police (PNP)
  • Republic Act # 8551 reorganized the PNP for the purpose of reforming or professionalizing it
• Powers and Functions of the PNP (Chapter III, sec. 24, RA 6975)

  • Enforce all laws and ordinances relative to the protection of lives and properties
  • Maintain peace and order and take all necessary steps to ensure public safety
  • Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution
  • Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws
  • Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the Constitution
  • Issue licenses for the possession of firearms and explosives in accordance with law
  • 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
  • Perform such other duties and exercise all other functions as may be provided by law
• The relationship of the police with other law enforcement agencies are established and maintained through cooperation, joint police operations, intelligence operations and networking against criminal elements, joint data gathering and sharing of information.
• The relationship between the police and the prosecution is established and maintained through the preparation and presentation of evidence. The prosecution relies heavily on the effort of the police to prosecute criminals.
• The relationship between the police and the court is established and maintained 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.
• The relationship between the police and the correction is established and maintained through provisions of security, police escorts and custodial services.
• The relationship between the police and the community is established and maintained through police community cooperation. The police enlist the support of the community to prevent the commission of the crime, to eradicate drugs, and to arrest suspects and criminals.
• Policing or law enforcement


  A branch of criminal justice system that has the specific responsibility in maintaining law and order and combating crime within the society
• The word POLICE


  Originated from the Greek word Politeia meaning government of a city, applied to civil officers and not necessarily policeman
• Police Processes: a major Chain in the CJS

  • Crime detection
  • Crime investigation
  • Apprehension of suspects
  • Search and seizure
  • Case preparation
• Ways crimes come to the attention of the police


  • Receipt of citizen's complaints or calls for assistance
  • Receipts of signals from alarm devices
  • Observations by officers on patrol of suspicious behavior, a crime in progress, or the aftermath of a crime
  • Observation of the planning or executions of crimes by pro-active measures
• Crime Investigation


  A police activity directed toward the identification and apprehension of alleged criminals and the accumulation, preservation and presentation of evidence regarding their alleged crimes
• Activities in the criminal investigation process

  • Preliminary / Initial Investigation
  • Follow-up Investigation
• Police have legal authority to ARREST persons and place them in custody pending court action, to perform legal SEARCHES, and to SEIZE evidence for use in court.
• Requirements when making an arrest

  • Inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest
  • Inform the person to be arrested of his authority and the cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees, or forcibly resists before the officer has the opportunity to so inform him, or when giving of such information will imperil the arrest
  • Deliver the arrested person to the nearest police station or jail without unnecessary delay
• An officer making a lawful arrest may orally summon as many persons as he deems necessary to 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.
• A person arrested may be subjected to an inquest where the offense for which he was arrested requires preliminary investigation
• Where the arrest is made with a warrant, the officer executing the warrant shall also deliver the arrested person to the nearest police station or jail without unnecessary delay
• Arrest with warrant


  1. Officer announces authority and purpose

  2. Officer breaks into building/enclosure if refused admittance

  3. Officer may break out to liberate himself
• An arrest may be made on any day and at any time of the day or night
• Executing a warrant of arrest


  1. Head of office delivers warrant within 10 days

  2. Officer reports to judge within 10 days if unable to execute warrant
• A police officer may still effect the arrest of a person with a pending warrant of arrest, until such time the latter has been arrested
• A police officer need not bring the actual warrant when effecting the arrest, as long as he has the knowledge that a warrant was issued against such person
• A warrant of arrest whether, issued by court of competent jurisdiction, may be served anywhere I the Philippines
• Warrant of Arrest


  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 take a person into custody in order that he may be bound to answer for the commission of an officer
• Arrest without a Warrant

  An arrest may lawfully be made even without a warrant under certain limited conditions which approximate the existence of probable cause as would justify the issuance of a warrant of arrest
• Circumstances for citizen's arrest

  • When in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense
  • When an offense has in fact been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it
  • 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 temporality confined while his case is pending or has escaped while being transferred from one confinement to another
• Search Warrant


  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 property described therein and bring it before the court
• Requisites for issuing a search warrant

  • Based upon probable cause
  • Must be in connection with one specific offense
  • Must be determined personally by the judge
  • Must be after examination under oath or affirmation of the complainant and the witnesses he may produce
  • And particularly describing the place to be searched and the things to be seized
• Probable Cause


  Refers to such facts and circumstances that would lead a reasonably discreet and prudent man to believe that an offence has been committed and that the object sought in connection with the offence are in the place sought to be searched
• Personal property that can be subject to seizure


  • Property subject to the offence
  • Property stolen or embezzled of the offence
  • Property used or intended to be used as the means of committing an offence
• A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void
• The warrant must direct that it be served in the daytime, unless the affidavit assert that property is on the person or in the place ordered to be searched, in which a case a direction may be served at any time of the day or night
• Instances where a search is lawfully be made without a warrant

  • Where there is consent or waiver
  • Where search is an incident to a lawful arrest
  • The "plain view'' exemption
  • Checkpoint searches