PHILIPPINE

CRIMINAL JUSTICE
SYSTEM
 Five Pillars of PCJS
1. LAW ENFORCEMENT- The first pillar stands as the forefront and prime
mover of the justice [Link] the pillars are equally important,
however, this pillars is very vital to the system since failure to carry out
the function properly may cause the dismissal of the case.
2. PRESECUTION- this pillar is composed of public prosecutors tasked to
evaluate the evidence the police have gathered and decide whether it is
sufficient to warrant the filing of charges against the alleged violator.
3. COURT- the court shall have the power to hear and try the cases before
it. Judicial determination of the guilt or innocence of the accused is
under consideration.
4. CORRECTION- this pillar shall cater convicted felons. It is responsible
for the safekeeping and reformation of criminals. The correction pillar
shall assure that upon the release of the inmate, he is already reformed
and ready to be integrated in the community.
5. COMMUNITY- the purpose of this pillar is fundamentally geared toward
the support to the program of Correction. When the ex- convict is
reintegrated to the community, it is understood that he has been wholly
reformed and is ready to engage himself again.
THE FIRST PILLAR: LAW ENFOCEMENT/POLICE
The first pillar stands as the forefront and
prime mover of the justice system which
have the following goals:
1. Crime Prevention
2. Arrest or Criminal Aprehension
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 vissible
representative of the government in the society. The term
“POLICE” derived from the word POLITIA, meaning
condition of a state , government, and administration.
Polotia originated from the Greek word “ POLITEIA” which
means government, 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 preapare and file complaint
5. To participate in the prosecution of criminal cases
*THE PHILIPPINE NATIONAL POLICE
The PNP is considered as the premier law enforcement
agency in our country. The PNP was created by virtue of
RA 6975. It was approved on December 13, 1990 and
effective on January 1, 1991. The law was further
amended by RA 8551 and RA 9708.
*POWERS AND FUNCTIONS:
1. Enforce all 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 offender to justice and
assist in their prosecution;
4. Exercisethe 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 agencies, and to security guards and private
detectives, for the practice of their profession; and
8. Perform such other duties and exercise all other
functions as may be provided by law.
QUALIFICATION FOR ENTRY TO PNP
*Section 14. Section 30 of Republic Act 6975 is
hereby amended by RA 8551 to read as follows:
SEC. 30 GENERAL QUALIFICATION FOR APPOINTMENT- No
person shall be appointed as officer or member of the
PNP unless he or she possesses the following minimum
qualification:
* A citizen of the Philippines;
*• A person of good moral conduct;
*• Must have passed the psychiatric/psychological,
drug and physical test to be administered by PNP or
by any NAPOLCOM accredited government hospital
for the purpose of determining physical and mental
health;
* • Must possess a formal baccalaureate degree from a recognized
institution of learning;
*• Must be eligible in accordance with the standards set by Commision;
*• Must have not been dishonorably discharged from military
employment or dismissed for cause from any civilian position in the
government;
*• Must have not been convicted by final judgment of an offense or
crime involving moral turpitude;
*• Must be at least one meter and sixty-two centimeters (1.62 m.) in
height for male and one meter and fifty-seven centimeters (1.57 m.)
for female;
• Must weigh not more or less than five kilograms (5 kgs.) from the
standard weight corresponding to his or her height, age, and sex; and
*• Must not be less than twenty-one (21) nor more than thirty (30)
years of age upon take oath.

Note: (RA 11549 Lowering the minimum height requirement, Male- 1.57m
Female- 1.52m)
 * RANK CLASSIFICATION
RA 6975 (OLD) RA 11200 (NEW)
* POLICE DIRECTOR GENERAL * POLICE GENERAL
* POLICE DEPUTY DIRECTOR GENERAL * POLICE LIEUTENANT GENERAL
* POLICE DIRECTOR * POLICE MAJOR GENERAL
* POLICE CHIEF SUPERINTENDENT * POLICE BRIGADIER GENERAL
* POLICE SENIOR SUPERINTENDENT * POLICE COLONEL
* POLICE SUPERINTENDENT * POLICE LIEUTENANT COLONEL
* POLICE CHIEF INSPECTOR * POLICE MAJOR
* POLICE SENIOR INSPECTOR * POLICE CAPTAIN
* POLICE INSPECTOR * POLICE LIEUTENANT
* SENIOR POLICE OFFICER IV * POLICE EXECUTIVE MASTER SERGEANT
* SENIOR POLICE OFFICER III * POLICE CHIEF MASTER SERGEANT
* SENIOR POLICE OFFICER II * POLICE SENIOR MASTER SERGEANT
* SENIOR POLICE OFFICER I * POLICE MASTER SERGEANT
* POLICE OFFICER III * POLICE STAFF SERGEANT
* POLICE OFFICER II * POLICE CORPORAL
* POLICE OFFICER I * PATROLMAN/PATROLWOMAN
* NATIONAL BUREAU OF INVESTIGATION
National Bureau of Investigation is a
highly trained investigative body that
is functionally integrated and national
in scope. This was created under RA
157 and Recognized and Modernize
under RA 10867. NBI is under the
Department of Justice, headed by a
Director that is appointed by the
President with the rank, salary, and
previleges of that Undersecretary.
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 ammended.
NOTE:
The NBI is a government entity that is civillian in
character, and national in scope which is under the
Department of Justice.
Some primary jurisdiction of NBI
1. Human Trafficking cases in all airports in the
Philippines;
2. Extrajudicial/Extra-legal killings commited by the
states security forces against media practitioners
and activist;
3. Killing of justices and judges;
4. Violation of Republic Act No. 10175, otherwise
known as the “ Cybercrime Prevention Act “
Other Law Enforcement/Bureau/Offices/Departments
of the Government:
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)
[Link] 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 Transportaion 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
 this is define 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.
Criminal Investigation
Is an art or process which 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 wether 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
Is defined as the taking of a person into
custody in order that he maybe 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.
Arrest by Virtue of Warrant
 When warrant is issued by a judge, the warant is
delivered to the proper Law Enforcement agency
for execution. The head of the office to whom the
warrant of arrest was delivered shall cause the
warrant to be executed within ten days from its
receipt. Within 10 days after the expiration of the
period, the officer to whom it was assigned for
execution shall make a report to a judge who
issued a warrant. In case of failure to serve the
warrant, he shall state the reason for non-
execution. (Sec.4 Rule 113, of Rules of Court)
Note:
 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.
 Legal Duties of an Arresting Officer by Virtue of
Warrant of Arrest
1. to inform him of the reason for the arrest;
2. to show him the warrant of arrest, if any;
3. to inform him of his constitutional rights to remain
silent and to counsel, that he is entitled to exercise
such rights,and that any statement he make or
declare can be used against him in a court of law;
4. to inform him of his constitutional right
to communicate with his counsel, a
realtive or anyone he chooses by the most
expedient means- by telephone if possible,
or by letter or messenger- who can assist
him while under arrest and detention;
5. it shall be the responsibility of the
arresting officer to see to it that the
foregoing are accomplished; and
6. to deliver him to the nearest police
station or jail
 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.
Time of Making an Arrest
Section 6, Rule 113 of the Revised Rules on Criminal Procedure
An arrest may be made on any day and at any time of the day or
night.
*Arrest without Warrant
Section 5, Rule 113 of the Revised Rules on Criminal Procedure
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)
(Inform his rights also)
Assistance to Effect Arrest
Section 10, Rule 113 of the Revised Rules on Criminal
Procedure provides for the rule on assistance in making the
arrest.
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.
Search Warrant
 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.
*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
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;
c) Used or intended to be used as the means of
committing an offense.
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.
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
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
*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: Authorized 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 emmidiately apparently
illegal; and
d) There is no need for any further search to
obtain the evidence.
Stop and Frisk
This is limited protective search of the
outer clothingbof 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.
The End.