THE FIRST PILLAR:

LAW ENFORCEMENT
Prepared by: Balan, Immaculate K.
Benoza, Elijah Gene
Fruelda, Mark
LAW ENFORCEMENT

• It is the branch of criminal justice system that has the

specific responsibility of maintaining law and order
and combating crime within the society.
• This pillar is also commonly referred to as police pillar.
• It is comprised with different law enforcement
agencies in the country.
 EVOLUTION OF THE POLICING
SYSTEM IN THE PHILIPPINES

• The term police originated and evolved through three

languages: Greek, Roman and French.
• Its origin can be traced back to the Greek term, politeia,
which means government of a city, the Roman word politia
and the French word police. The French word was later
adopted by the English language and is now currently used
to refer to both the police organization and to the police
officer.
 FORMS OF POLICING IN THE
PHILIPPINES DURING THE PRE-SPANISH
PERIOD

• Before the arrival of the Spanish conquerors, Philippines had

already the existing organized independent villages called
barangay.
• A barangay was headed by a Chief, who had the authority
to select able-bodied male residents to act as watchmen
during the night to guard against thieves and wild stocks
who damage their crops and stocks. This practice may be
considered an early form of crime prevention.
 POLICE FORCES ORGANIZED
DURING THE SPANISH PERIOD

• During the Spanish period, there were three police

forces organized to perform police functions: the
Carabineros de Seguradid Publico, Guardrillos and
the Guardia Civil.
 1. CARABINEROS DE SEGURIDAD PUBLICO
 this was organized in 1712 for the purpose of
carrying out the policies of the Spanish
government. This is known as the mounted police
and discharged the duties of the port , harbor and
river police.

2. GUARDRILLOS
Other history texts also refer to this as Cuardillo. It is a body of
rural police organized in each town that was created by the
Royal Decree on January 8,1836.
This was composed of 5% of the able-bodied male
inhabitants of each town or province, and each member
should serve for at least 3 years.
3. GUARDIA CIVIL
 this police organization was created by the Royal
Decree issued on February 12, 1852. It is consisted of a
body of Filipino policemen organized originally in each of
the provincial capitals of the central provinces of Luzon
under the command of the Alcalde (Governor).
 JAPANESE OCCUPATION

• During the brief time the Japanese was able to

occupy the Philippines, it was the Kemptai, the
Japanese military police, which was incharge of
maintaining peace and order in Manila.
 IMPORTANT LEGISLATION PERTINENT TO
THE CREATION OF POLICE DURING THE
AMERICAN OCCUPATION
The following is the chronological outline of the different acts enacted
during the American period.

• ACT NO 70- created the Metropolitan Police Force of Manila on

January 9,1901.
• ACT NO 175- entitled “An Act Providing for the Organization and
Government of an Insular Constabulary”, enacted on July 18,1901.
• ACT NO 183- created the Manila Police Department, enacted on July
31,1901.
• ACT NO 255- the act that renamed the Insular Constabulary into
Philippine Constabulary, enacted on October 3, 1901.
• RA 4864- otherwise known as Police Professionalization Act of 1966,
enacted on Sept. 8,1966; created the Police Commission(POLCOM)
and later POLCOM was reanamed into National Police Commission
(NAPOLCOM).
• PD 421- Integration of the City/Municipal Police Forces, Jail and Fire
Departments within the Greater Manila Area: approved on March 21,1974; the
law that integrated all city and municipal police forces, jail and fire
departments within the Greater Manila Area into one unit called Metropolitan
Police Force, which shall be headed by the Commanding General, Philippine
Constabulary Metropolitan Command (PC METROCOM)
• PD 482- Integration of Police and Fire Departments and Jails in certain
Provinces (Bulacan, Pampanga, Nueva Ecija, Laguna, Cebu and Misamis
Oriental); approved on June 13, 1974.
• PD 531- Integration of Police and Fire Departments and Jails in other provinces;
issued on August 8, 1974.
• PD 641- Integration of Police and Fire Departments and Jails in Provinces/Cities
not covered by previous Police Integration Decrees; approved on January
21,1975.
• PD 765- otherwise known as the Integration Act of 1975,
enacted on August 8,1975; established the Integrated
National Police (INP) composed of the Philippine
Constabulary as the nucleus and the integrated police
forces as components, under the Ministry of the National
Defense; the head of the INP was the Director-General, and
also the Chief of the Philippine Constabulary.
• RA 6975- otherwise known as the Department of the Interior
of Local Government Act of 1990, enacted on December
13,1990; reorganized the DILG and established the Philippine
National Police, Bureau of Fire Protection, Bureau of Jail
Management and Penology and the Philippine Public
Safety College.
• RA 8551- otherwise known as the Philippine National Police
Reform and Reorganization Act of 1998, enacted on
February 25,1998; this law amended certain provisions of RA
6975.
• RA 9708- law amending the provisions of RA 6975 and RA
8551 on the minimum educational qualification for
appointment to the PNP and adjusting the promotion
system; approved on August 12,2009
 POWERS AND FUNCTIONS OF THE
PHILIPPINE NATIONAL POLICE (PNP)
1. Enforce all the laws and ordinances relative to the protection of lives and
properties.
2. Maintain peace and order and take all necessary steps to ensure public
safety;
3. Investigate and prevent crimes, effect the arrest of criminal offenders,
bring offenders to justice and assist in their prosecution;
4. Exercise the general powers to make arrest, search and seizure in
accordance with the Constitution and pertinent laws;
5. 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;
6. Issue licenses for the possession of firearms and explosives in accordance
with law;
7. Supervise and control the training and operations of security agencies and
issue licenses to operate security guards and private detectives, for the
purpose of their professions.

Law enforcement- the PNP has the power to enforce the laws and ordinances
relative to the protection of lives and properties.

Crime Prevention – Capability, Desire, Opportunity

• Police patrol – The Backbone of police operation.
• Crime Detection – Is the discovery of the police that a crime had been
committed.
• 1.) When the victim personally reports the crime to the police;
• 2.) When a witness personally reports the crime to the police; and
• 3.) When the police catches an offender while in the commission of a crime.

• Criminal Apprehension - The legal term for criminal apprehension 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.
• Warrant Arrest 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.

• Miranda Rights – The term Miranda Rights, Miranda waning or Miranda

Doctrine originated from a landmark case in the united states called Miranda
vs. Arizona.
 MIRANDA WARNING OR
MIRANDA DOCTRINE:
“You have the right to remain silent. Any statement
you make may be used against you in a court of law
in the Philippines, you have the right to have a
competent and independent counsel preferably of
your own choice. If you cannot afford the service of a
counsel, the government will provide you one. Do you
understand this right?”
• Police officers have what is called the Miranda Card and they are required
to have it in their possession at all times while on duty.

• THE NEW MIRANDA

“You have the right to remain silent any statement you make may be
used against you in a court of law in the Philippines. You have the right to have
a competent and independent counsel preferably of your own choice. If you
cannot afford the services of a counsel, the government will provide you one.
Do you understand this right?”
- This is the New Miranda warning, to be recited by the elements of the PNP
whenever they arrest suspect.
 METHOD OF ARREST BY OFFICER BY
VIRTUE OF A WARRANT (RULE 113
CRIMINAL PROCEDURE)
• 1.) The offender shall inform the person to be arrested of the cause of the
arrest and of the fact that a warrant has been issued for his arrest except
when he flees or forcibly resists before the officer has opportunity to inform
him or when the giving of such information will imperil the arrest.
• 2.) 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.
• 3.) The officer may orally summon as many persons as he deems necessary
to assist him in making the arrest.
• 4.) The officer 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.
• 5.) The officer may break out from the building or building or enclosure when
necessary to liberate to himself.
• 6.) It shall be duty of the officer to deliver the arrested person to the nearest
police station or jail without necessary delay.
- However, there is also what is called a Warrantless arrest. As the name
denotes, this is kind of arrest made even without a warrant of arrest and it can
be done by the police or any private person. Thus it is also sometimes referred
to as citizen’s arrest.
However, it is subject to strict limitations and there are only three
circumstances when arrest without a warrant of arrest is legal. These
circumstances are:
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)
b) When an offense has in fact just been committed and has probable cause
to believe based on personal knowledge of facts and circumstances
indicating that the person to be arrested has committed it (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 judgement or
temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another (known fugitive from justice)
 METHOD OF ARREST BY OFFICER
WITHOUT A WARRANT (RULE 113,
CRIMINAL PROCEDURE)
1. 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 or is pursued immediately after its commission, or has escaped
or flees or forcibly resists before the officer has opportunity to inform him, or
when the giving of such information will imperil the arrest.
2. The officer may orally summon as many persons as he deems necessary to
assist him in making the arrest.
3. The officer 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.
4. The officer may break out from the building or enclosure
when necessary to liberate himself.

5. It shall be duty of the officer to deliver the arrested person

to the nearest police station or jail without necessary delay.
 METHOD OF ARREST BY A PRIVATE
PERSON (CITIZEN’S ARREST)
1. The private person shall inform person to be arrested of the intention to
arrest him and the cause of the arrest, unless the latter is either engaged in
the commission of an offense, or is pursued immediately after its
commission or has escaped, or flees or forcibly resists before the person
making the arrest has opportunity to inform him or when giving such
information will imperil the arrest.
2. The private person is not allowed to break into building and enclosure to
make the arrest because only police officers have this power.
3. The private person must deliver the arrested person to the nearest police
station or jail.
 SEARCH AD SEIZURE
• Search and seizure refers to the legal act of searching for a personal
property and taking custody of such property for the purpose of bringing it to
the court.
• Search warrant is an order in writing issued in the name of the People of the
Philippine, signed by a judge and directed to a peace officer, commanding
him to search for the personal property described therein, and bring it
before the court. A search warrant has a validity period of only 10 days and
can be served only once within its validity period.
• There is also what we called warrantless search and seizure and it can only
be made under some certain conditions; 1)where there is consent or waiver,
2)where search is incidental to lawful arrest, 3)plain view exception, and 4)
checkpoint searches.
 CRIMINAL INVESTIGATION
• The term investigate was derived from the two Latin words: vestigare, which
means to track or to trace and investigare, which means to search into.
Investigation is the systematic and through examination or inquiry into
something or someone (the collection of facts or information) and the
recoding of this examination or inquiry in a report (Dempsey, 2007).
• Criminal Investigation – is an art that deals with the identity and location of
offenders and provide evidence of his guilt in a criminal proceeding.
- is the process of discovering, collecting, preparing, identifying
and presenting evidence to determine what happened and who is responsible.
• A police investigator must conduct interview and interrogation. Interview is
the process of collecting information from witnesses or people who have
information regarding a crime committed. Interrogation is the questioning of
a suspect in order to obtain his confession. The style and manner of the
police investigator must be tougher and firm.
• Instrumentation is the utilization of the different police sciences in the
processing of the crime scene, collection and examination of the evidence
collected in order to ascertain the identity of the suspect, the victim and to
establish what crime has been committed.
• Criminal investigation is a police activity that requires that a police
investigator must be in possession of more than just the basic knowledge and
skills of a police officer.
 DUTIES AND RESPONSIBILITIES OF A
POLICE OFFICER (WWW.PNP.GOV.PH)
1.) He shall be ready at all times to perform his duties and obey the lawful
orders of his superior officers or higher authority;
2.) He shall be responsible for the efficient performance of his duties and
adequate coverage of his beat or post;
3.) He shall cooperate and coordinate with the other numbers of his relief,
district or other division segments so that their teamwork may ensure continuity
of purpose and maximum achievement of the objectives of the department.
4.) He shall be available for duty at all times in case of special needs or
emergencies;
5.) He shall respond readily and report punctually to all assignments;
6.) He shall execute the service program within his area of responsibility
providing for prevention of crime, protection of life and property,
apprehension and prosecution of peace and enforcement of regulatory
measures;
7.) He shall familiarize himself with administrative and operational policies of
the department.
8.) He shall be in prescribed attire and have the required equipment when
reporting for duty;
9.) He shall be attentive to instruction and record information given during the
briefing or roll-call training and shall likewise record his activities during his tour
of duty; and
10.) He shall supervise and inspect all public and licensed places within his
area of responsibility.
 OTHER LAW ENFORCEMENT
AGENCIES
National Bureau of Investigation (NBI)
• Was established on November 13,1936 pursuant to Commonwealth Act No.
181. it was created through the efforts of the President Manuel L. Quezon
and the Secretary of Justice Jose A. Yulo. Originally, it was called Division of
Investigation
• The NBI, like the PNP, is national in scope and civilian in character. It is a law
enforcement agency that under the Department of Justice. It is headed by
a Director who is appointed by the president.
 AMONG THE FUNCTION OF THE NBI, AS PROVIDED BY RA
157, ARE THE FOLLOWING:

1.) Investigate crimes and other offenses against the law of the Philippines,
both on its own initiative and as public interest may require;
2.) Assist, when officially requested in the investigation or detection of crimes
and other offenses;
3.) Act as national clearing house of criminal records and other information for
use of all prosecuting and law enforcement entities in the Philippines, of
identification records for identifying marks, characteristics and ownership or
possession of all firearms and test bullets fired therefrom;
4.) Give technical help to all prosecuting and law enforcement offices,
agencies of the government and courts which may ask for its services;
5.) Extend its services in the investigation of cases of administrative or civil in
nature in which the government is interested;
6.) Establish and maintain an up-to-date scientific crime laboratory and
conduct researches in furtherance of scientific knowledge in criminal
investigation:
7.) Coordinate with other national or local agencies in the maintenance of
peace and order; and
8.) 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.
 PHILIPPINE DRUG ENFORCEMENT
AGENCY (PDEA)
• Was created by the virtue of Republic Act 9165, otherwise known as
Comprehensive Dangerous Drugs Act of 2002,which was approved on June
7,2002 and took effect on July 4,2002.

Powers and duties of PDEA (www.pdea.gov.com)

1.) To cause the efficient and effective implementation of the national drug
control strategy formulated by the Dangerous Drug Board;
2.) Undertake the enforcement of the provisions of Article II of a RA 9161
relative to the unlawful acts and penalties involving any dangerous drug
and/or controlled precursor and essential chemicals;
3.) Administer oath and issue subpoena and subpoena duces tecum relative
to the conduct of investigation involving the violations of RA 9165;
4.) Arrest and apprehend as well as search all violators and seize or confiscate
the effects or proceeds of the crimes as provided by law;
5.) Take charge and have custody of all dangerous drug and/or controlled
prosecutors and essential chemicals seized, confiscated or surrendered to any
national, provincial or local law enforcement agencies;
6.) Establish a forensic laboratory in each PNP office in every province and
city in order to facilitate action on seized or confiscated drugs, thereby
hastening their destruction without delay; and
7.) Prepare for prosecution or cause the filing of appropriate criminal and civil
cases for violation of all laws in dangerous drugs, controlled precursors and
essential chemicals. And other similarly controlled subtances.
 BUREAU OF INTERNAL REVENUE
(BIR)
• Mandated by law to assess and collect all national internal revenue taxes,
fees and charges, and to enforce all forfeitures, penalties and fines
connected therewith, including the execution of judgements in all cases
decided in its favor by the Court of Tax Appeals and the ordinary courts.
• BIR enforces all tax laws enacted in the Philippines, and at the same time,
execute judgements made by the Court of Tax Appeals, a special court
which has jurisdiction over cases involving violations of the tax laws in the
country.
 BUREAU OF CUSTOMS
• Was created by the virtue of Act No 355, known as the Philippine Custom
Administrative Act, issued on February 6,1902. It was patterned after the
customs administration laws of the United States. It was later recognized on
October 4,1987.
Its primary functions include the following:
1.)Assess and collect lawful revenues from imported articles and all other dues,
fees, charges, fines and penalties accruing under the Tariff and Customs Code
of the Philippines (TCCP);
2.) Prevent and suppress smuggling and fraud in customs administration.
3.) Supervise and control the entrance and clearance of vessels and aircraft
engaged in foreign trade.
4.) Enforce TCCP and all other laws, rules and regulations relating to tariff and
customs administration;
5.) Supervise and control the handling of foreign mail arriving in the Philippines,
for the dutiable article thus imported and prevent smuggling through medium
of such mail and;
6.) Exercise exclusive jurisdiction over seizure and forfeiture cases under the
Tariff and Customs laws.
*The terms duty and revenue used in this context simply means tax to be paid
and collected by the government.