LEA1

• Law


  Any rule of conduct, just and obligatory, laid down by a competent authority for the common welfare and benefit of the people
• Enforcement


  The act of compelling observance of or compliance with a law, rule, or obligation
• Enforcement is the process of ensuring compliance with laws, regulations, rules, standards, and social norms. Governments attempt to effectuate successful implementation of policies by enforcing laws and regulations.
• Law Enforcement


  Conducts arrest, search, seizures, criminal investigation, among others
• Law Enforcement Agencies in the Philippines

  • Philippine National Police (PNP)
  • Bureau of Fire Protection (BFP)
  • Bureau of Jail Management and Penology (BJMP)
  • Armed Forces of the Philippines (AFP)
  • National Bureau of Investigation (NBI)
  • Philippine Drug Enforcement Agency (PDEA)
  • Bureau of Customs (BOC)
  • Bureau of Immigration (BOI)
  • Land Transportation Office (LTO)
  • Metro Manila Development Authority (MMDA)
  • Department of Transportation and Communications (DOTC)
  • Anti-Money Laundering Council (AMLC)
  • Department of Environment and Natural Resources (DENR) Law Enforcement Division
  • Bureau of Internal Revenue (BIR) Law Enforcement Division
• Different Law Enforcement Activities

  • Prevention of crime
  • Repression or suppression of crime
  • Apprehension of offenders
  • Conduct search and seizure
  • Investigation of crime
  • Protection of lives and property
• Crime


  Desire + Opportunity
• Resistance


  Not to commit a crime
• Arrest


  The taking of a person into custody in order that he may be bound to answer for the commission of an offense
• Warrant of Arrest


  An order in writing issued in the name of People of the Philippines, signed by the judge and directed to a peace officer, commanding him to arrest a person or persons stated therein and deliver them before the court
• Requisites of a valid warrant of arrest


  • It shall be issued upon probable cause
  • The probable cause is determined personally by the judge upon examination under oath or affirmation of the complainant and the witnesses he may produce
  • Particularly describing the person to be arrested
• Instances of Warrantless Arrest


  • When in the presence of the arresting person, the person to be arrested has committed, is actually committing, or is attempting to commit an offense
  • When an offense has just been committed and the arresting person has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested 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 is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another
• Rights of police officers conducting arrest

  • The right to summon assistance
  • Right to break into building or enclosure
  • Right to break out from building or enclosure
• Rights of arrested persons

  • Right against torture, force, intimidation, and the like
  • Right to be visited and conferred privately with his lawyer in the jail or any other place of custody at any hour of the day or night, subject to reasonable regulations
• Crimes that may be committed by a police officer while conducting arrests, whether with or without warrant

  • Delay in the Delivery of Arrested Persons to the Proper Judicial Authority
  • Unlawful Arrest
  • Expulsion
• 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 of a valid search warrant

  • It shall be issued upon probable cause
  • The probable cause is determined personally by the judge upon examination under oath or affirmation of the complainant and the witnesses he may produce
  • Particularly describing the things and place to be searched
• Warrantless search and seizure

  • Consented search
  • Search incidental to lawful arrest
  • Plainview search
  • Search of moving vehicle (Checkpoint)
  • Stop and Frisk
  • Emergency and Exigent Circumstances
  • Tipped Information
  • Customs search
• Crimes that may be committed by a policeman while conducting search

  • Violation of Domicile
  • Search Warrant Maliciously Obtained
  • Searching Domicile Without Witnesses
• Custodial investigation


  Any questioning initiated by law enforcement officers after a person has been taken into custody of otherwise deprived of his freedom of action in any significant way
• Requisites of custodial investigation

  • The questions being asked are no longer general inquiry
  • The person being questioned is considered as a suspect in the crime committed
• Tools or I's of criminal investigation

  • Information
  • Interrogation/Interview
  • Instrumentation
• Rights of a person under custodial investigation

  • Right to be informed of his right to remain silent
  • Right to have a competent and independent counsel preferably of his own choice or to be provided with one
  • Right against torture, force, violence, threat, and intimidation or any other means which vitiates his free will
  • Right not to be held in secret, solitary, incommunicado, or any other similar forms of detention
• Requirements for waiving the right to remain silent and right to counsel


  • The waiver is done voluntarily
  • Done intelligently
  • In the presence of a competent and independent counsel
  • In writing
• RA 7438


  Act defining certain rights of persons arrested, detained, or under custodial investigation as well as the duties of the arresting, detaining, and investigating officers
• Doctrine of the Fruit of Poisonous Tree


  If the rights stated in the preceding question are not complied with by the investigating officer, any admission, confession, or any other evidence obtained during the investigation is inadmissible in any proceeding
• Organization


  A consciously coordinated social entity, with a relatively identifiable boundary, that functions on a relatively continuous basis to achieve a common goal or sets of goals
• Characteristics of an organization

  • Structure
  • Purpose
  • Activity
• Police Organization


  A group of trained personnel in the field of public safety administration engaged in the achievement of goals and objectives that promotes the maintenance of peace and order, protection of life and property, enforcement of the laws and the prevention of crimes
• Goals


  Broad statements of general and long-term organizational purposes often use to define the role of the police, for instance, to prevent crime, maintain order or help solve community problems
• Objectives


  Specific short term statements consistent with an organization's goal
• Sir Robert Peel


  • Founded the first professional police force in the world
  • Father of Modern Policing System
  • Made way for the Passage of the Metropolitan Police Act of 1829
• Peelian Principles


  • "Prevention of Crime is the Basic Mission of the Police"
  • "Police Must Have the Full Respect of the Citizenry"
  • "A Citizen's Respect for Law Develops his respect for the Police"
  • "Cooperation of the Public Decrease As the Use of Force Increases"
  • " Police Must Render Impartial Enforcement of the Law"
  • "Physical Force is Used Only as a Last Resort"
  • "The Police are the Public and the Public are the Police"
  • "The Police Represent the Law"
  • "The Absence of Crime and Disorder is the Test of Police Efficiency"
• August Vollmer


  • COP Berkeley, California 1905-1932
  • Patriarch of Police Professionalism, 1918
  • Father of Police Professionalism
  • RA 4864 - Philippines
• Etymology of the word "POLICE"

  • Polis (Greek) - City
  • Politeia (Greek) - Government of a City
  • Politia (Roman) - Same meaning as above
  • Polizei (German) - Safe keepers (Territory)
  • Police (French) - Those authorized to implement the law
  • Police (English and American) - Law enforcer
• Cop


  European term meaning "to catch or to seize"
• Constable and Patrol


  French origin referring to a police officer
• Old Concept of Police Service

  The police are merely a repressive machinery
• New Concept of Police Service

  The police are an organ of crime prevention
• Continental Theory


  Policemen are considered servants of the higher authority and people have little or no share of all their duties, nor any direct connection with them