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CLJ-1 Prelim Week 2 Discussion

The Philippine National Police (PNP) is a civilian law enforcement agency organized under various laws, including RA 6975, RA 8551, and RA 9708, and operates under the Department of the Interior and Local Government. Its primary functions include enforcing laws, maintaining peace and order, investigating crimes, and conducting arrests, both with and without warrants. The PNP also has specific roles in crime prevention, patrol, crime detection, and search and seizure operations.

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0% found this document useful (0 votes)
15 views3 pages

CLJ-1 Prelim Week 2 Discussion

The Philippine National Police (PNP) is a civilian law enforcement agency organized under various laws, including RA 6975, RA 8551, and RA 9708, and operates under the Department of the Interior and Local Government. Its primary functions include enforcing laws, maintaining peace and order, investigating crimes, and conducting arrests, both with and without warrants. The PNP also has specific roles in crime prevention, patrol, crime detection, and search and seizure operations.

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Alled Berania
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CLJ-1 PRELIM WEEK 2 DISCUSSION

PHILIPPINE NATIONAL POLICE

PHILIPPINE NATIONAL POLICE


- Organized pursuant to RA 6975, as amended by RA 8551 as further amended by RA 9708

Relevant laws on the Organization of the PNP

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.

PHILIPPINE NATIONAL POLICE


- A law enforcement agency under the DILG
- Under administrative control and supervision of the national police commission.
- It is an organization that is NATIONAL IN SCOPE AND CIVILIAN IN CHARACTER, as provided
by sec. 6, art. 16 of the Phil. Constitution. “ the state shall establish and maintain one police force
which shall be national is scope and civilian in character”

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.

POWERS AND FUNCTIONS 0F THE PNP


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 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 license for a 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 purpose of their
professions.

POLICE ROLES AN FUNCTIONS IN THE SOCIETY


I. LAW ENFORCEMENT
The PNP has the power to enforce laws and ordinances relative to the protection of lives and
property, such as the Revised Penal Code, other special penal laws and city municipal ordinances.
II. CRIME PREVENTION – the elimination of the opportunity for the commission of a crime

III. POLICE PATROL

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.

V. 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.

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.

Circumstances of Warrantless Arrest

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.

VI. SEARCH AND SEIZURE


Search – refers to the examination of an individual’s person, house, papers or effects, or other
building and premises to discover contraband or some evidence of guilt to be used in the prosecution
of a criminal action.
Search Warrant – an order in writing in the name of the people of the Phil., 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.

- Has a validity period of ten (10) days.


- Can be served only once within its validity period.

Personal Property to Seize

- Subject of the offense


- Stolen or embezzled and other proceeds, fruits of the offense
- Use or intended to be used as the means of the commission of the offense.

Circumstance of Warrantless Arrest Search

- 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

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