CLJ-1 Prelim Week 2 Discussion
CLJ-1 Prelim Week 2 Discussion
RA 6975 – the “department of the interior and local government act of 1990”, approved on Dec. 13, 1990.
RA 8551 – the “PNP Reform and Reorganization act of 1998”, approved on February 25, 1998.
RA 9708 – “An Act extending for 5 years the reglamentary period for complying the minimum educational
qualification for appointment with the PNP and adjusting the promotion system thereof. Approved on
August 12, 2009.
NATIONAL IN SCOPE – means that the PNP is a nationwide government organization whose
jurisdiction covers the entire breath of the Phil. Archipelago.
- All uniformed and non – uniformed personnel of the PNP are national government employee.
CIVILIAN IN CHARACTER – means that the PNP is not a part of the military, although it retains
some military attributes such as discipline.
Patrol – has been described as the backbone of the police department. Theoretically, patrol
officers are the most valuable people in the organization.
IV. CRIME DETECTION – is the discovery of the police that a crime has been committed.
There are traditional way that occurrence of crime is made known to the police.
1. When the victim personally reports the crime to the police
2. When a witness personally reports the crime to the police
3. When the police catches an offender while in the commission of a crime.
ARREST – is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
Mode of Arrest
- Arrest by virtue of a warrant
- Arrest w/out a warrant
An arrest may be made on any day and at any time of the day or night, even on a Sunday.
WARRANT OF ARREST – 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 take a person into custody in order that he
may be bound to answer for the commission of an offence
- Shall remain valid until the person to be arrested has been arrested or has surrendered.
Arrest w/out 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.
c. When the person to be arrest is a prisoner who has escape from a penal establishment or place
where he is serving final judgement or is temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another.
- Warrantless search incidental to a lawful arrest under sec, 12, Rule 128 Rules of court
- Seizure of evidence in plain view
- Search of a moving vehicle
- Consented warrantless search
- Custom search
- Stop and frisk search, and
- Exigent and emergency circumstances