Lesson 2.

PRE-TEST ON LAW ENFORCEMENT THE FIRST PILLAR OF

CRIMINAL JUSTICE SYSTEM

INSTRUCTION: Select the correct answer for each of the following questions. Mark
only one answer for each item by encircling the letter corresponding to the letter of
your choice.

1. A citizen is about to file complaint against PO2 Juan allegedly for poking a
gun and inflicting serious physical injuries against his person. The former was
a bit interested for doing such action upon learning that PO2 Juan, if found
guilty, may suffer suspension of not less than 30 days and withholding of
privileges and worse is dismissal from the police service. Which of the
following disciplinary mechanism should appropriately handle the case?

a. PLEB c. NAB
b. Chief of Police d. Mayor

2. An agency organized pursuant to RA 6975, as amended by RA 8551 and RA

9708?

a. PNP-SAF c. PNPA
b. PC/INP d. PNP

3. Provisions of RA 8551 contemplates that PNP is part of the military

considering its function being civilian in character?

a. it depends c. false
b. probably correct d. true

4. As part of the powers of the PNP, its member can detain arrested person
beyond what is prescribed by law?

a. it depends c. definitely false

b. probably wrong d. certainly true

5. Is that branch of criminology which deals with prison management and

reformatory treatment of criminals, what is it?

a. NBI c. Penology
b. Correctional Institution d. Department of Justice

6. _____ is an agency responsible for the prevention and suppression of all

destructive fires?

a. Association of Fire Volunteers of the Philippines

b. Department of Interior and Local Government
c. Bureau of Fire Protection
d. Fireman

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7. The investigating body of the Philippines responsible in doing investigative
works both in the national and international, what is it?

a. DOJ c. CIDG
b. PNP d. NBI

8. The law governing the Comprehensive Dangerous Drugs in the country, what
is it?
a. R.A. 6975 c. R.A. 6425
b. R.A. 9615 d. R.A. 9165

9. The deputy chiefs for administration and operation of the Chief PNP shall be
appointed by whom?

a. SILG
b. NAPOLCOM Commissioner
c. The President of the Philippines
d. The Chief of the PNP himself

10. Theory of the police service wherein the police officers are considered
servants of the higher authorities, what is it?

a. Home Rule c. Continental Theory

b. Servant Theory d. Authority Rule

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 Lesson 2. LAW ENFORCEMENT: THE FIRST PILLAR OF CRIMINAL

JUSTICE SYSTEM

Etymologically, the term “Police” was derived from the Greek word “Politeia”
meaning government of a city.

The term “POLITIEA” originates from another Greek word “POLIS” which
means “CITY-STATE” or a system of organized civil enforcement to preserve life,
liberty, property, food sources, community health and the enforcement of laws.

The Roman first used the term “POLITIA” to refer to the condition of the state
or government. Then the French used the term “POLICE” to refer to a governmental
department charged with the regulation and control of the affairs of a community,
now, chiefly, the department established to maintain order, enforce the law, and
prevent and detect crime.

Types of Police System

1. Common Law Systems

= usually exists in English speaking countries of the world

= there is strong adversarial system and rely upon oral system of evidence in
which the public trial is a main focal point

= also known as “Anglo-American Justice”

2. Civil Law Systems

= distinguished by strong inquisitorial system where less right is granted to the

accused and the written law is taken as gospel and subject to little interpretation

= also known as “Continental Justice or Romano-Germanic Justice”

3. Socialist System

= distinguished by procedures designed to rehabilitate the offender.

= known as “Marxist-Leninist Justice” and exist in places such as Africa and

Asia

4. Islamic System

= based more on the concept of natural justice or customary law or tribal

traditions

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Theories of Police Service

Continental

• The theory of police service which maintains that police officers are
servants of higher authorities. This theory prevails in the continental
countries like France, Italy and Spain.

Home Rule

• The theory of police service which states that police officers are servants of
the community or the people. This theory prevails in England and United
States. It is also the police service which prevails in country with
decentralized form of government. This is likewise the police service theory
that should prevail in the Philippines based on the existing laws, concepts and
principles.

Concept of Police Service

Old Concept

 Police service gives the impression of being merely a suppressive machinery.

 This philosophy advocates that the measurement of police competence is the
increasing number of arrests, throwing offenders in detention facilities rather
than trying to prevent them from committing crimes.

Modern Concept

 Regards police as the first line of defense of the criminal justice system, an
organ of crime prevention.
 Police efficiency is measured by the decreasing number of crimes.
 Broadens police activities to cater to social services and has for its mission
the welfare of the individual as well as that of the community in general.

Organization

 This refers to an association or group of individuals with a common goal and

functions into a productive relationship.
 Defined as the 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 and objectives.

Police Organization

 A structured group of personnel specifically trained in the administration of

public safety.
 Members of the police organization are trained with the aim of achieving
effectively and efficiently its goals and objectives.

Administration

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  it is the act of managing and organizing all levels of an organization which
includes the establishment of the organization’s goals and objectives.

Police Administration

 This refers to the cooperative human efforts to achieve the purposes of

Criminal Justice System.

 It is also refers to the study of processes and conditions of law enforcement

as the pillar of the Criminal Justice System.

Law Enforcement Agency

 Pertains to an organization responsible for enforcing the laws.

 The collective term for professionals who are dedicated to upholding and
enforcing the laws and statutes that are currently in force in a given
jurisdiction.

Law Enforcement in relation to CJS

The Law Enforcement as the first pillar is considered to be the “initiator” or the
“prime mover” of the Criminal Justice System. It is considered as “the initiator of the
actions” that other pillars must act upon to attain its goal or objective.

The General Functions of the Law Enforcement in Relation to the

Administration of the CJS

a. To prevent criminal behavior.

b. To reduce crime. 

c. To apprehend and arrest offenders.

d. To protect the life and property.

e. To regulate non-criminal conduct.

Philippine National Police

Organized pursuant to RA 6975, as amended by RA

8551 and RA 9708.

The Philippine National Police is a law enforcement

agency under the DILG. It is under administrative control and
operational supervision of the National Police Commission. It is
an organization that is National in scope and Civilian in
character, as provided by Section 6, Article 16 of the 1987
Philippine Constitution:  
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 “The state shall establish and maintain one police force which shall be
national in scope and civilian in character…”

It is headed by the Chief, PNP, with the rank of Police General, appointed by the
President and who shall serve a term of office of four (4) years.

National in Scope

• means that the PNP is a nationwide government organization whose

jurisdiction covers the entire breadth of the Philippine archipelago.

• all uniformed and non-uniformed personnel of the PNP are national

government employees.

Civilian in Character

• Means that that the PNP is not a part of the military, although it retains some
military attributes such as discipline.

Pertinent Laws on PNP

• RA 6975 “Department of Interior and Local Government Act of 1990”

• RA 8551 “PNP Reform and Reorganization Act of 1998

• RA 9708 “An Act extending for 5 years the reglementary period for complying
the minimum educational qualification for appointment to the PNP and
adjusting the promotion system thereof”.

• RA 11299 “An Act Providing for the Rank Classification in the Philippine
National Police, amending for the Purpose Section 28 of Republic Act No.
6975, as Amended”

Powers and Functions of the PNP

• 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;

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 • 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 purpose of their professions.

ORGANIZATION and COMPOSITION OF THE PNP

 Shall be headed by a Chief who shall be assisted by two (2) deputy chiefs:
o Deputy Chief for Administration.
o Deputy Chief for Operations.
 The Chief PNP and the two (2) deputy chiefs shall be appointed by the
President.
 No officer who is retirable within six (6) months shall be appointed Chief.
 The PNP shall be composed of a national office, regional offices, provincial
offices, district offices, and city or municipal stations.

National Bureau of Investigation

• The National Bureau of Investigation (NBI) saw its

inception on November 13, 1936 upon approval of
Commonwealth Act No. 181 by the legislature

• Tasked with organizing a Division of Investigation

or DI patterned after the United States Federal
Bureau of Investigation were 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.

• On June 19, 1947, by virtue of Republic Act No. 157, it was reorganized into
the Bureau of Investigation. Later, it was amended by Executive Order No. 94
issued on October 4, 1947 renaming it to what it is presently known, the
National Bureau of Investigation (NBI).

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

Functions of the NBI

• Investigate crimes and other offenses against the laws of the

Philippines, 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

for 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 there
from;

• 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.

Philippine Drug Enforcement Agency (PDEA)

The Philippine Drug Enforcement Agency or

PDEA was created by the Republic Act No. 9165
otherwise known as the Comprehensive Dangerous
Drugs Act of 2002.

It is headed by Director General with the rank of

Undersecretary and assisted by 2 deputies Director
General, with the rank of Assistant Secretary, 1 for
Operations and 1 for Administration, all of them are
appointed by the President.

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POWER AND DUTIES OF PDEA

 To cause the efficient and effective implementation of the national drug

control strategy formulated by the Dangerous Drugs Board;
 Undertake the enforcement of the provisions of Article II of RA 9165 relative to
the unlawful acts and penalties involving any dangerous drugs and/or
controlled precursor and essential chemicals;
 Administer oath and issue subpoena and subpoena duces tecum relative to
the conduct of investigation involving the violations of RA 9165;
 Arrest and apprehend as well as search all violators and seize or confiscate
the effects or proceeds of the crimes as provided by law;
 Take charge and have custody of all dangerous drugs and/or controlled
precursors and essential chemicals seized, confiscated or surrendered to any
national, provincial or local law enforcement agency;
 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;
 Recommend to the DOJ the forfeiture of properties and other assets of
persons and/or corporations found to be violating the provisions of RA 9165
and in accordance with the pertinent provisions of the Anti-Money Laundering
Act of 2001;
 Prepare for prosecution or cause the filing of appropriate criminal and civil
cases for violation of all laws n dangerous drugs, controlled precursors and
essential chemicals, and other similar controlled substances;
Monitor, and if warranted by circumstances, in coordination with the Philippine
Postal Office and the Bureau of Customs, inspect all air cargo packages,
parcels and mails in the central post office;
 Conduct eradication programs to destroy wild or illegally grown plants from
which dangerous drugs may be extracted;
 Initiate and undertake the formation of a nationwide organization which shall
coordinate and supervise all activities against drug abuse in every province,
city, municipality and barangay;
 Establish and maintain a national drug intelligence system in cooperation with
law enforcement agencies, other government agencies/offices and local
government units that will assist in the apprehension of big-time drug lords;
 Establish and maintain close coordination, operation and linkages with
international drug control and administration agencies and organizations;
 Create and maintain an efficient special enforcement unit to conduct an
investigation, file charges and transmit evidence to the proper court;
 Require all government and private hospitals, clinics, doctors, dentists and
other practitioners to submit a report to it;
 Coordinate with the DDB for the facilitation of the issuance of necessary
guidelines, rules and regulations for the proper implementation of RA 9165;
 Initiate and undertake a national campaign for drug prevention and control
programs, where it may enlist the assistance of any department, bureau,
office, agency or instrumentality of the government, including government-
owned and/or controlled corporations; and

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  Submit annual and periodic reports to the DDB from time to time and perform
such other functions as may be authorized of required under existing laws and
as directed by the President.

Crime Detection in Relation to the Administration of CJS

Through crime detection, the police are typically the first component of the
justice system to deal with the commission of the crime.

How crime detection is usually happens?

The detection of crime usually occurs in the following manner:

a. The most typical way that crimes come to the attention of the
police is for the victim to report its occurrence to the police;

b. A less typical way for the police to be advised of the crime is

through the reporting of someone who has witnessed its
commission or has come upon evidence indicating that a crime
has been committed;

c. The police themselves, through their routine operations discover

that a crime has been committed or witness its commission

Importance of Arrest in the Administration of CJS

Arrest is important in the administration of Criminal Justice System because if the

accused is not arrested, the court will not acquire jurisdiction over his person unless
the person voluntarily surrenders himself to the authorities.

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 of Arrest

is 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 take a person in to
custody

Arrest by the virtue of Warrant

when a warrant issued by a judge, the warrant is delivered to the proper law
enforcement agency for execution. The warrant must be executed within ten (10)
days. After the expiration of the prescribed period, the peace officer who received
the warrant shall make a report to the judge who issued the warrant. In case of
failure to serve the warrant, he shall state the reason for its non-execution.

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Probable Cause in Effecting Arrest

Probable cause with respect to arrest is such a fact and circumstances which
would lead a reasonably discreet and prudent man to believe that an offense has
been committed by the person sought to be arrested.

General Rule in Effecting an Arrest:

The general rule in effecting an arrest is simply to make an arrest when there
is a warrant.

Reason:

a. For the protection of the person making the arrest in order not to be charged
criminally for violation of Article 124 of the Revised Penal Code, and other
related penal laws; (Art. 124. Arbitrary Detention. Any public officer or
employee who, without legal grounds, detains a person, shall suffer)

b. and also for any civil and administrative charges.

Duty of arresting officer.

It shall be the duty of the officer executing the warrant to arrest the accused
and to deliver him to the nearest police station or jail without unnecessary
delay

Time of making arrest.

An arrest may be made on any day and at any time of the day or night.

Exception to the General Rule:

The exception to the general rule is provided by the Revise Rules on Criminal
Procedures (Rule 113, Section 5)

Arrest without warrant; when lawful. – 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;

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; 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.

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Search & Seizure

Search Warrant

It is an order in writing issued in the name of the people of the Philippines signed by
the judge and directed to the peace officer, commanding him to search for personal
property and bring it before the court.

Requisites for the Issuance of Search Warrant

A search warrant shall be issued only upon

a. upon probable cause

b. in connection with one specific offense
c. to be determined personally by the judge
d. after examination under oath or affirmation of the complainant and the
witnesses he may produce and
e. particularly describing the place to be search and the thing to be
seized.

Personal Property To be Seized

a. Subject of the offense;

b. Stolen or embezzled and other proceeds, fruits of the offense; or

c. Use or intended to be used as the means of the commission of the

offense.

General Rule in Effecting Search and Seizure:

Just like arrest, the general rule in effecting a search and seizure is only by virtue of
a validly issued search and warrant.

The Reason:

For the protection of the searcher not to be charged of a crime of theft,

robbery and the like; And for any civil and administrative liabilities

Exceptions:

a. Warrantless search incidental to a lawful arrest

b. Seizure of evidence in plain view

c. Search of a moving vehicle

d. Consented warrantless search

e. Customs search

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 f. Stop and frisk search, and

g. Exigent and emergency circumstances

Evidence Obtained in Violation of the Rule on Arrest and Search and Seizure is
not Admissible as Evidence Against the Accused

The evidence obtained is not admissible against the accused in any

proceedings. The rule not admitting any unlawfully obtained evidence against the
accused is referred to “the exclusionary rule” because the same is said to be “the
fruit of the poisonous tree”.

Criminal Investigation

Is an art, which deals with identity and location of the offender and provides
evidence of his guilt in criminal proceedings.

Importance of Criminal Investigation in the Administration of CJS

Criminal Investigation is important in the administration of the CJS because one of

the purpose of criminal investigation is to gather and preserve evidence that will both
justify their enforcement action in particular case as well as enable the fact finding
process of the courts and the prosecution of the case successfully and obtain
conviction.

MIRANDA WARNING

“YOU are arrested for the crime of _________ (or by virtue of a warrant of arrest
showing him/her the warrant as soon as practicable);

You have the right to remain silent. Any statement you make may be used for or
against you in any court of law in the Philippines. You have the right to have your
own competent and independent counsel preferably of your own choice. If you
cannot afford the services of counsel, the government will provide one for you.

Do you understand these rights?”

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 ACTIVITY OUTPUT
Competency Assessment No. 2

Name: Date:
Subject: Section:

Crossword puzzle: find and encircle ten (10) words that are associated with law
enforcement as one of the pillars in criminal justice.

A D F G R E E I N V E S T I G A T I O N C
L G S E A R C H U P R A Y L A N G C X T H
A A I N P Q W R I T T E N U O H I R G L A
W M H E K L M N O I Y Y T F G H Q I W Q N
S E R Q V I C T I M O L O G Y Y D M A I R
K T Y Q W E R T T Y H A H A K D O E I Y E
A P S T R L F I G H T H O O G S L A W R Y
J O O U E E L R T M R T C R I M E G S L W
O L C X O X P C R I M I N A L N Q S G Q O
W I I K L A W R I D E L W N F A I A W L W
A C A L H C R E A M O L G T A O K K G R O
Y E L G G W A R R A N T X R N L A K X C W
P P S Y C H O L O G Y D G O G A H A F R I
R A J C D B I B O G O A D G P G S E H A I E E
F T D I R Y M T A S L O T H O O A R R E S T E
R R Q E Y U E A H M D A P O L K K W H E E A E
N O F N X I N I X E L O W K O A A P I D S S C
E L I C Q F Y O R K G O R D E R A K F G I L S
I M E A H K P E N O L O G Y G Y A D Y R U
S A F E T Y K A T I W A L A L A N G G L S
L M Z H A Y S X A S Y O W A R R A N T R T
O A S D T S H O P P E E L O M B R O S O O

Asalan, Jamilla Gay L., Bolante Raul .B., Yang, Bryan.T. (2014) Fundamentals of
Philippine Criminal Justice System. Manila: Hunt Publishing Center.

Cano, G. J., Amante, D.A., Fernandez, N.M. (2010) Philippine Criminal Justice System.
Manila: Mindshapers

Cano, GJ., Abalde, F.I. (2019) Introduction to Philippine Criminal Justice System. Manila,
Philippines: Rex Book Store, Inc.

Gabao, R.G. (2013) Phillipine Criminal Justice System. Quezon City, Philippines: Chapter
House Publishing Incorporated.
Gardner, Thomas J. (2009). Criminal Justice Law. Singapore: Cengage Learning.

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Manwong, R. & Foronda, M.A. (2009). Criminal Justice System and Procedures. Quezon
City, Philippines: Wiseman’s Books Trading.
Narag, Pablo Fegi (2008) Notes on the Philippine Criminal Justice Sysytem. Quezon City:
Central Book Supply.

Reyes, L.B. (2017) Notes in Philippine Criminal Justice System. Manila, Philippines:
Central Book Supply Inc.

Siegel, Larry J. (2007). Essential of Criminal Justice. 5th Edition. Singapore: Thompson
Wadsworth.

Soriano, Oscar G. (2010). The Philippine Criminal Justice System: Theories, Models &
Practice. Quezon City: Great Books Publishing.
https://www.britannica.com/topic/crime-law#ref53406
https://phlconnect.ched.gov.ph/content/view/module-in-clj-1-introduction-to-philippine-
criminal-justice-system
https://napoleoncreyes.wixsite.com/carabaojustice/single-post/2014/03/16/the-evolution-of-
the-philippine-criminal-justice-system
https://nbi.gov.ph/
http://www.pnp.gov.ph/
https://pdea.gov.ph/
https://www.officialgazette.gov.ph/2002/06/07/republic-act-no-9165/#:~:text=9165%5D,the
%20Philippines%20in%20Congress%20assembled

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