Introduction to Philippine Criminal Justice System

THE FIRST PILLAR - POLICE/LAW ENFORCEMENT

The first pillar stands as the forefront and prime mover of the justice system
which have the following goals to wit:
1. Crime Prevention
2. Arrest or Criminal Apprehension
3. Criminal Investigation
4. Order Maintenance
5. Public Service
6. Traffic regulation and motor accident investigation

The Police

The police or law enforcers are the most visible representative of the government
in the society. The first line of defense against crime, for only if the police arrest suspect
will rest of criminal justice system come into play in prosecuting, trying, convicting and
rehabilitating the offenders.
The term "police" derived from the word POLITIA, meaning condition of a state,
government and administration. Politia originated from the Greek word "Politeia" which
meansgovernment, citizenship, or the entire activity of polis in the city.

Police Roles in Criminal Justice System

1. To conduct Criminal Investigation
2. To make an arrest or criminal apprehension
3. To conduct search and seizures
4. To prepare and file complaint
5. To participate in the prosecution of criminal cases

Note:
 In every stage of police performance of its roles or duties, strict compliance to
constitutional and statutory rights of person shall always be observed.

The Philippine National Police

The PNP is considered as the premier law enforcement agency in our country.
However, this does not mean that this agency is the sole law enforcement in this
jurisdiction.
Under Article XVI, Section 6 of the 1987 Philippine Constitution provides: "The
State shall establish and maintain one police force, which shall be national in scope and
civilian in character, to be administered and controlled by a national police commission.
The authority of local executives over the police units in their jurisdiction shall be
provided by law."

Mandate
Republic Act 6975 as amended by RA 8551 and further amended by RA 9708

Functions

 Enforce all laws and ordinance relative to the protection of lives and roperties;
 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; and
 Perform such other duties and exercise all other functions as may be provided
by law. (www.pnp.gov.ph)

Many other laws under the jurisdiction of various departments and/or offices of
the government where the PNP will be deputized under the principle of intra-
coordination between and among offices/departments of the governments.

The National Bureau of Investigation

Aside from the PNP there are lot more law enforcement agencies in this
jurisdiction and one of this is the NBI. It is likewise important to possess basic
knowledge about this agency to avoid confusion with the PNP.
NBI was created on November 13, 1936 upon the approval of Commonwealth
Act No. 181. This was the brainchild of the late President Manuel Quezon and Secretary
of Justice Jose Yulo. Thomas Dugan, a veteran American police captain from the New
York Police department and Flaviano C. Guerrero, the only Filipino member of the
United States Federal Bureau of Investigation, were tasked with organizing a Division of
Investigation (DI) patterned after the United States Federal Bureau of Investigation
(FBI). On the basis of stiff physical, mental, and moral requirements, around forty five
(45) men were selected as agents from among three hundred (300) applicants. To
complement this investigative force was a civilian staff composed of doctors, chemist,
fingerprint technicians, photographers, stenographers, and clerks. During the Japanese
occupation, the DI was affiliated with the Bureau of Internal revenue (BIR) and the
Philippine Constabulary known as the Bureau of Investigation (BI). Subsequently,
during the post-liberation period, all available DI agents were recruited by the US Army
CIC as investigators. On June 19, 1947, RA No. 157 was passed reorganizing the Bl.
The law was amended by Executive Order No. 94 issued on October 4, 1947. This
renamed the Bl into NBI.

Objectives

The main objective of the National Bureau of Investigation is the establishment

and maintenance of a modern, effective and efficient investigative service and research
agency for the purpose of implementing fully principal functions provided under
Republic Act No. 157, as amended.

Mission

To provide quality services for efficient law enforcement in the pursuit of truth and
justice.

Functions
Under its enabling law, Republic Act 157, as amended, the NBI is empowered to:
 Investigate crimes and other offenses against the laws of the Philippine both on
its own initiative and as public interest may require;
 Assist, when officially requested in the investigation or detection of crimes and
other offenses;
 Act as national clearing house of criminal records and other information fo use
of all prosecuting and law enforcement entities in the Philippines, of
identification records of identifying marks, characteristics and ownership or
possession of all firearms and test bullets fired therefrom;
 Give technical help to all prosecuting and law enforcement offices, agencies of
the government, and courts which may ask for its services;
 Extend its services in the investigation of cases of administrative or civil in
nature in which the government is interested;
 Establish and maintain an up-to-date scientific crime laboratory and conduct
researches in furtherance of scientific knowledge in criminal investigation;
  Coordinate with other national or local agencies in the maintenance of peace
and order;
 Undertake the instruction and training of a representative number of city and
municipal peace officers at the request of their respective superiors along
effective methods of crime investigation and detection in order to insure greater
efficiency in the discharge of their duties. (www.nbi.gov.ph)

Note:
 The NBI is a government entity that is civilian in character, and national in
scope which is under the Department of Justice.

Other Law Enforcement Agencies/Bureaus/Offices/Departments of the

Government

To name few are the following:

1. Philippine Drug Enforcement Agency (PDEA)
2. Bureau of Customs (BC)
3. Bureau of Fire Protection (BFP)
4. Philippine Coast Guard (PCG)
5. Bureau of Internal Revenue (BIR)
6. Commission on Election (COMELEC)
7. Phil. Ports Authority (PPA)
8. Anti-Money Laundering Council (AMLC)
9. Bureau of Immigration (BI)
10. Optical Media Board (OMB)
11. Intellectual Property Office (IPO)
12. Presidential Anti-Organized Crime Commission (PAOCC)
13. Phil. Center on Transnational Crime (PCTC)
14. National Intelligence Coordinating Agency (NICA)
15. Office of Transport Security (OTS)
16. Metro Manila Development Authority (MMDA)
17. Department of Environment and Natural Resources (DENR)
18. Securities and Exchange Commission (SEC)
19. Land Transportation Office (LTO)
20. Manila Int'l Airport Authority (MIAA)
21. Dept. of Labor and Employment (DOLE)
22. Philippine Ports Authority(PPA)
23. Phil. Overseas Employment Administration (POEA)
24. National Telecommunication Commission (NTC)
25. Civil Aviation Authority of the Philippines (CAAP)

Police Discretion

One of the most important powers vested by law to the police officers is to
exercise discretion. This is defined as an authority conferred by law to act in a certain
condition or situation in accordance with an official or an official agency's own
considered judgment and conscience.

Other authority defined the same as the wise use of one's judgment, personal
experience to decide a particular situation. It is the freedom to make a choice among
possible course or courses of action or inaction.

One decision that is difficult for a police officer to make is whether to use force
against a civilian, a decision that must be made quickly and often under stressful and
ambiguous circumstances.

CRIMINAL INVESTIGATION
Criminal Investigation is an art which deals with the identity and location of the
offender and provides evidence of his guilt through criminal proceedings. This is
considered as the most difficult and complicated function of the police as criminal
investigator.
It is likewise defined as the collection and analysis of facts about persons, things,
places, subject of a crime to identify the perpetrator, to locate his whereabouts and to
gather evidence for the establishment of his guilt in a criminal proceeding.
Criminal Investigation is further known as an art or process w/c deals with the
identity, location and arrest of a person who commits a crime and simultaneously
identify, collect, preserve and evaluate evidence for the purpose of delivering criminal
offender to justice.

Elements of Investigative Process

1. Recognition- identification of information related or has in anyway bearing to the
crime under investigation.
2. Collection - collection of information after finding of to be related to the crime
under investigation
3. Preservation - preservation of information gathered to ensure its physical and
legal integrity.
4. Evaluation - ascertaining whether information identified, collected and preserved.
Can stand prosecution and trial.

Phases of Criminal Investigation

1. Identification of criminal offender

2. Tracing, locating and arrest of the offender

3. Gathering of evidence to prove his guilt in the criminal proceeding

ARREST: Criminal Apprehension

Arrest is defined as the taking of a person into custody in order that he may be
bound to answer for the commission of an offense. It 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. (Sections 1 and 2, Rule 113)

Arrest is may be considered as the most controversial and well known function of
a police officer.

Two modes of arrest:

1. By the actual restraint of the person to be arrest; and

2. By his submission to the custody of the person making the arrest

Force or violence may be employed when necessary in the conduct of arrest

No violence or unnecessary force shall be used in making an arrest. The person

arrested shall not be subjected to a greater restraint than is necessary for his detention.
(Setton 6, huit 112)
What the rule is prohibited is unnecessary force or violence. Hence, if the
employment of such force or violence is necessary to secure the conduct of arrest or to
secure the life or limb of the person making the arrest or other persons, it is allowed.

Search as an incident of Arrest

The person making the arrest may conduct bodily search against the arrested
person to confiscate the following:
1. Objects subject of the offense or used or intended to be used in the commission of
the crime;
2. Objects which are the fruits of the crime;
3. Objects which are illegal per se;
4. Those which might be used to commit violence or to escape;
 5. Dangerous weapon; and
6. Evidence of the case.

What is the duty of arresting officer?

It shall be the duty of the officer executing the warrant to arrest the accused and
deliver him to the nearest police station or jail without unnecessary delay (Section 3,
Rule 113).

OBE Question:

 On your way home, you witnessed a robbery hold-up in a public utility jeep
in Pasay. As a police officer assigned in Caloocan City, you made the arrest
of the suspect. Can you bring the suspect to Caloocan for booking since
that is where you are assigned? Justify vour answer.
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How Warrant of Arrest executed?
The head of the office to which 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 reason
therefor.(Section 4, Rule 113)

Note:
 A warrant of arrest has no expiry date. It remains valid until arrest is
effected or the warrant is lifted. (Manangan vs. CFI of Nueva
Vizcaya, 189 SCRA 217)

When Warrantless Arrest or Arrest without warrant is

permitted?
The general rule is still, "no person can be arrested without a warrant.
However, here are the exemptions under the Rules of Court:

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(In flagrante delicto
arrest);

(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(Arrest in hot pursuit);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. (Arrest of an escapee)

In cases falling under paragraphs (a) and (b) above, the person
arrested without a warrant shall be forthwith delivered to the nearest police
station or jail and shall be proceeded against in accordance with section 7 of
Rule 112. (Section 5, Rule 113)

Notes:
 The general rule as regards arrest, searches and seizures is that a
warrant is needed in order to validly effect the same. The
constitutional prohibition against unreasonable arrests, searches and
seizures refers to those effected without a validly issued warrant.
Hence, the doctrine is that a warrant of arrest is required before an
 arrest is made. A warrantless arrests are the exceptions. (Malacatvs
CA, 283 SCRA 159)
 There are other grounds for a warrantless arrest other than those
provided under Section 5 of Rule 113. Such grounds are the
following:

a) When a person previously lawfully arrested escapes or is

rescued. Under the Rules, any person may immediately pursue or retake
him without a warrant at anytime and in any place within the Philippines.
(Section 13, Rule 113)
b) Arrest by the bondsman for the purpose of surrendering the
accused (Section 23, Rule 114)
c) Where the accused attempts to leave the country without
permission of the court. (Section 23, Rule 114)

No definite time in making an arrest

Unlike in a search warrant which must be served in daytime unless
specifically allowed by the warrant to be executed day or night, arrest may be
made on any day and at any time of the day or night (Section 6, Rule 113).

Methods of arrest:

a.) With a warrant by Police Officer

When making an arrest by virtue of a warrant, the officer shall

inform the person to be arrested of the cause of the arrest and the fact
that a warrant has been issued for his arrest, except when he flees or
forcibly resists before the officer has opportunity to so inform him, or when
the giving of such information will imperil the arrest. The officer need not
have the warrant in his possession at the time of the arrest but after the
arrest, if the person arrested so requires, the warrant shall be shown to
him as soon as practicable (Section 7, Rule 113).

b.) Without warrant by Police Officer

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 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 opportunity to so inform him, or when the
giving of such information will imperil the arrest (Section 8, Rule 113).

c.) Arrest by Private Person (Citizen's Arrest)

When making an arrest, a private person shall inform the person to

be arrested of the intention to arrest him and the case of the arrest, unless
 the latter is either engaged in the commission of an offense, is pursued
immediately after its commission, or has escaped, 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 (Section 9, Rule
113).

When may the arresting officer summon assistance?

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 (Section 10, Rule 113).
Note:
 Any person coming to the aid of the agent of person in authority
(such as police officer), and such person coming to the aid is
assaulted, the perpetrator is liable for indirect assault as provided
under Article 149 of the Revised Penal Code

Rights of Arresting Officer to Break into and Breakout

a.) The Right of officer to break into building or enclosure.
An officer, in order to make an arrest either by virtue of a warrant, or
without a warrant as provided in section 5, may break into any building or
enclosure where the person to be arrested is or is reasonably believed to be, if
he is refused admittance thereto, after announcing his authority and purpose.
(Section 11, Rule 113)

Requisites:
1. That the person to be arrested is or is reasonably believed to be
in the building;
2. That he announced his authority and purpose for entering
therein;
3. He had been denied admittance.

b.) The Right to break out from building or enclosure

Whenever an officer has entered the building or enclosure in accordance
with his Right to break into building or enclosure, he may break out therefrom
when necessary to liberate himself.

Note:
 These rules or rights are allowed only to police officers and not to
private person making a citizen's arrest.

Right of attorney or relative to visit person arrested

Any member of the Philippine Bar shall, at the request of the person
arrested or of 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 night. Subject to reasonable regulations, a relative of the person
arrested can also exercise the same right (Section 14, Rule 113).

Notes:

1. Person not subject to arrest - "A senator or member of the House

of Representatives shall, in all offenses punishable by not more than six
years imprisonment, be privileged from arrest while the congress is in
session. (Sec. 11, Art. VI of the 1987 Constitution)

No person member shall be questioned nor be held liable for any

speech or debate in Congress or in any committee thereof. (Martinez v.
Morfe, 44 SCRA 22)
2. Also immune from arrest are Ambassadors and ministers of
foreign countries in the Philippines, in accordance with the Republic Act
No. 75, which provides that:

"Any writ or process sued out or prosecuted by any person in any

court of the Republic of the Philippines, or by any judge or justice,
whereby the person of any ambassador or public minister of any foreign
State, authorized and received as such by the President, or any domestic
or domestic servant of any such ambassador or minister is arrested or
imprisoned, or his goods or chattels are distrained, seized, or attached,
shall be deemed void, and every person by whom the same is obtained or
prosecuted, whether as party or attorney, and every officer concerned in
executing it, shall upon conviction, be punished by imprisonment for not
more than three years and a fine of not exceeding two hundred pesos in
the discretion of the court."

Searches and Seizures (Please relate to Article III of the 1987 Constitution "Bill
of
Rights")

Search warrant, Defined

A search warrant is 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 (Section 1, Rule 126)

Elements of Search Warrant

1. Written order
2. Signed by the judge in the name of the People of the Philippines
3. Commanding a peace officer to search personal property
4. To seize and bring such personal property to the court
How to obtain a search Warrant
1. The law enforcement officer must provide information amounting
toprobable cause. Probable cause refers to the facts and circumstances
that will lead a reasonably discreet and prudent man to believe that an
offense has been committed and that the object sought in connection with
the offense is in the place sought to be searched.
2. Data such as the address or the description of the place to be searched
must be supplied to the judge.
3. The request must also include the crime or activities to be investigated.
4. Furthermore, the things to be seized must be particularly described.

Where to file the application for search warrant?

An application for search warrant shall be filed with the following:
a. Any court within whose territorial jurisdiction a crime was committed.

b. For compelling reasons stated in the application, any court within the
judicial region where the crime was committed if the place of the
commission of the crime is known, or any court within the judicial region
where the warrant shall be enforced.

However, if the criminal action has already been filed, the application shall
only be made in the court where the criminal action is pending (Section 3, Rule
126)

Personal property that may be subjected to seizure

A search warrant may be issued for the search and seizure of personal property:

a. Subject of the offense;

b. Stolen or embezzled and other proceeds, or fruits of the offense; or
c. Used or intended to be used as the means of committing an offense.
(Section 3, Rule 126)

Search warrant: Requisites for Issuance

A search warrant shall not issue except upon:

1. Probable cause in connection with one specific offense to be

determined personally by the judge;
2. After examination under oath or affirmation of the complainant and the
witness he may produce; and
3. Particularly describing the place to be searched and the things to be
seized which may be anywhere in the Philippines.(Section 4, Rule 126)
Personal examination of complainant by the Judge
The judge must, before issuing the warrant, personally examine in the
form of searching questions and answers, in writing and under oath, the
complainant and the witnesses he may produce on facts personally known to
them and attach to the record their sworn statements, together with the affidavits
submitted (Section 5, Rule 126).

Issuance of search warrant

If the judge is satisfied of the existence of facts upon which the application
is based or that there is probable cause to believe that they exist, he shall issue
the warrant. (Section 6, Rule 126)

Right to break door or window to effect search

The officer, if refused admittance to the place of directed search after
giving notice of his purpose and authority, may break open any outer or inner
door or window of a house or any part of a house or anything therein to execute
the warrant to liberate himself or any person lawfully aiding him when unlawfully
detained therein (Section 8, Rule 126).

The Two Witnesses Rule

No search of a house, room, or any other premises shall be made except
in the presence of the lawful occupant thereof or any member of his family or in
the absence of the latter, two witnesses of sufficient age and discretion residing
in the same locality. (Section 8, Rule 126)

Time of making search

The warrant must direct that it be served in the day time, unless the
affidavit asserts that the property is on the person or in the place ordered to be
searched, in which case a direction may be inserted that it be served at any time
of the day or night (Section 9, Rule 126).

Life Span of search warrant

Unlike in warrant of arrest, a search warrant shall be valid for ten (10)
days from its date. Thereafter, it shall be void (Section 10, Rule 126).

Receipt for the property seized

The officer seizing the property under the warrant must give a detailes
receipt for the same to the lawful occupant of the premises in whose presence
the search and seizure were made, or in the absence of such occupant, must, in
the presence of at least two witnesses of sufficient age and discretion residing in
the same locality, leave a receipt in the place in which he found the seized
property (Section 11, Rule 126).

Delivery of property and inventory thereof to court; return and proceedings

thereon
 (a) The officer must forthwith deliver the property seized to the judge who
issued the warrant, together with a true inventory thereof duly verified
under oath.
(b) Ten (10) days after issuance of the search warrant, the issuing judge
shall ascertain if the return has been made, and if none, shall summon
the person to whom the warrant was issued and require him to explain
why no return was made. If the return has been made, the judge shall
ascertain whether section 11 of this Rule has been complied with and
shall require that the property seized be delivered to him. The judge
shall see to it that subsection (a) hereof has been complied with.
(c) The return on the search warrant shall be filed and kept by the
custodian of the log book on search warrants who shall enter therein
the date of the retur, the result, and other actions of the judge.(Section
12, Rule 126)

Note:
 A violation of this shall constitute contempt of court.

Search incident to lawful arrest

A person lawfully arrested may be searched for dangerous weapons or

anything which may have been used or constitute proof in the commission of an
offense without a search warrant (Section 13, Rule 126)

Note:
 In several cases the Supreme Court has held that the arresting
officers may also seize prohibited articles (items considered as illegal
per se) even if it is not included in the search warrant for as long as
the search warrant is valid. If the search warrant is later on quashed,
the court may forfeit such items and the arresting officers are not
required to return the prohibited articles.
Other Valid warrantless searches and seizures:
a. Those incidental to a lawful arrest;
b. Searches in "Plain View";
c. Searches of moving vehicles;
d. Consented searches;
e. Customs searches;
f. Stop and frisk situation;
g. Searches during exigencies and emergencies.

Plain View Doctrine: Authorizes a search and a seizure without a warrant.

Requisites are:
a. There must have been a legal presence in the place where the search
is made;
b. The evidence was discovered inadvertently by an officer with a right to be
where he is;
 c. The evidence is immediately apparently illegal; and
d. There is no need for any further search to obtain the evidence. (People
vs. Conception, 361 SCRA 540)

Stop and Frisk: This is limited protective search of the outer clothing of a person
to determine the presence of weapons. Probable cause is not required but a
genuine reason (not mere suspicion) must exist, in the light of the officer's
experience and surrounding circumstances, to warrant the belief that the person
has concealed weapons. (Malacat vs. CA, 283 SCRA 159)

Motion to quash a search warrant or to suppress evidence; where to file

"A motion to quash a search warrant and/or to suppress evidence obtained

thereby may be filed in and acted upon ONLY by the court where the action has
been instituted (Section 14, Rule 126).

Notes:
 A person driving a car that is not his and the said car was searched
the driver cannot assail the legality of the search and seizure on the
ground that he is not the owner of the car or the seized items. The
fact that he is not the owner of the car has no bearing on the legality
of the search.
 A search warrant may not be quashed on the ground that there is an
error in the name of the accused in the search warrant. It is not
necessary that a particular person named in search warrants
( Mantaring v. Roman, 259 SCRA 158 [1996]).
. It has been held by the Supreme Court that the phrase such as
"undetermined amount of shabu" complies with the requirement
of sufficient particularity (People v. Tee, 395 SCRA 419 [2003]);
People v. Dichoso, 223 SCRA 174, 184 [1993])
. After the warrant was squashed, contraband or illegal items found
in plain view during the search should NOT BE RETUNED. Possession
of the same should be kept in custodial legis.

OBE Question:

 Search and seizure warrant for several number of computers units

who were allegedly used for cyber pornography has been quashed
by the court. Mr. X the owner of these properties subjected to search
and seizure filed an action to recover properties from police
authorities. Should computer units be returned to Mr. X? Justify your
answer.
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