Understanding the Criminal Justice System

Criminal Justice
System
By: Prof. Zoilo J. Macaranas Jr.

CJS: Overview
Philippines CJS works for social control that deals
on prevention, reduction and suppression and
attrition. Its main objectives/goals are the
maintenance of peace and order; and the
preservation of lives and properties in the
community.
2

Basic Functions among the pillars in the CJS
 The police or law enforcement pillar occupies the frontline of CJS
because they are regarded as the initiator of the system. They are the
first contact of the law violator in CLJ process. It is the police that
investigates, make arrest and prepares evidence against the suspects
needed to prosecute.
 The prosecution pillar takes care of evaluating the evidences and
formally charges the suspects before the court. It serves as screening
process on whether to file a case base on evidence or dismiss the same. It
determines what particular crime shall be formally filed and presents the
burden of proof against the suspect in the court.
3

Basic Functions among the pillars in the CJS
> The court pillar conducts arraignment and trial. It shall issue warrant of
arrest if the accused is at large. It acquits the innocent and adjudicate
penalty for the accused if found guilty.
> The correction pillar is responsible for the incarceration and
rehabilitation of convicted person to prepare for eventual reintegration
in the community.
> The community pillar helps the penitent offender to become law-abiding
citizen by accepting the ex – convict’s re-entry and assist said penitent
offender lead a new life as a responsible member of the society.
4

Terms to Ponder
Social Defense- refers to all
the systems and interplay of
activities in the community
which addresses all the
negative factors affecting
the health, security, and
welfare of the public e.g.
natural calamities, disaster,
famine, drought, criminality,
health epidemic, etc.
CJS – the totality of all the concerted
efforts and activities of all agencies
involved in the prevention, reduction, and
control of crime.
Criminology – is the entire body of
knowledge regarding crime and criminals
and the efforts of the society to prevent and
repress them.
5

Terms to Ponder
Criminological Enterprise –
refers to all disciplines
involved in the study of crime
and criminals. The practice of
certain disciplines such as
research and statistics,
natural science law, penology,
sociology, psychology,
medicine, forensic science, etc.
make up the entire
criminological venture.
Corrections – are the process or system
of taking care of the custody, treatment
and rehabilitation of all convicted persons
or prisoners punished by law for the
commission of an offense.
Police- a body of civil authority, which is
tasked to maintain peace and order,
enforce law, protect lives and properties
and insure the public safety.
6

Terms to Ponder
Prosecution – the CJS pillar
mandated by law to bring to justice
all criminal cases for prosecution
and prove the guilt of the accused
beyond reasonable doubt.
Court – a court is a body or tribunal
officially assembled under authority
of the law in which judicial power is
vested or the administration of
justice is delegated.
Crime Prevention –
Pertains to all
government and non-
government activities or
programs designed to
thwart, deter, preempt,
and stop the crime from
happening.
7

Terms to Ponder
Crime Deterrence – refers
to the political will of the
State to punish all criminals
in accordance with law, to
serve a lesson for others to
refrain from further
committing crime.
Crime Control – refers to
restraining or isolating
criminals behind prison to
effectively controlling them
from further endangering the
society thus protecting the
public from harm and damage.
8

Justice: the bottom line
 Justice is the result of the fair and proper administration of law. It is
the quality of being just; in conformity to truth and reality in
expressing opinions and in conduct; honesty; fidelity; impartiality or
just treatment; fair representation of facts respecting merit or
demerit.
 Justice is a legal structure or system that is designed to judge in a
general sense who should be accorded a benefit or burden when the law
is applied to a person's factual circumstances. Justice is a title
conferred upon a judge of the U.S. Supreme Court, the federal courts of
appeal, or the state courts of appeal.
9

School of Thoughts about Justice
> Positive Law theory
- Justice is a creature of law made by men.
- No justice exists apart from what law creates or mandates,
there is no independent or abstract standard against which
the actions of people or man made law itself can be judged.
- Thus, to speak of the injustice of any laws is
nonsense. Action are unjust if they violate or are
contradictory to the law, and JUSTICE is served by
adhering to the law.
10

> Social Good Theory
> This theory agree that JUSTICE is more than what one finds positive law,
that there are standards or concepts of what is in the best interest of
society, and that man made laws can be judged against these standard or
concepts and found lacking.
> They argue that PRINCIPLES of WHAT is RIGHT and JUST may CHANGE as
social conditions and needs change and vary from society to society.
> In social good theory JUSTICE, while somewhat flexible, is an objective
standard: that which serves the general or social good.
11

Natural law is a theory in
ethics and philosophy that
says that human beings
possess intrinsic values
that govern their
reasoning and behavior.
Natural law maintains that
these rules of right and
wrong are inherent in people
and are not created by
society or court judges.
12

Substantive Justice Vs. Procedural Justice
 Is that which is concerned with
how best to allocate, distribute,
and protect the substantive
values of society.
 In the area of criminal justice,
the substantive issues concern
which behaviors are to be made
criminal violations and what
sanctions the law should
provide for dealing with those
who commit crimes.
 Is that which is concerned with how
the law is administered – in other
words, what mechanisms or process
are used applying the law and making
decisions in specific cases.
 In criminal justice, the term refers to
how offenders are brought before the
bar justice and the procedures used in
gathering and presenting evidence,
determining the guilt or innocence of
the accused, and deciding on the
sentence to be imposed on those
convicted.
13

Law: instrument for justice
 It is major input to the
criminal justice system. It is
a society’s primary
instrument for making known
what acts are crimes and what
sanctions may be applied to
those who commit acts
defined as crimes.
> Law (definition)- It is method of
social control that is formally
enacted or promulgated by the
agencies or agencies of
government duly authorized in
that society to make law and that
is subject to interpretation by
and through the courts.
14

Forms of Law:
Common Law – known
in other countries as
the body of principles,
practices, usages and
rules of action
Statutory Law – a
legislated law; or
made by legislatures
Case Law – law made
by justices in cases
decided in the
appellate courts
especially by the
Supreme Court.
15

Types of Law
Civil Law – law which has something
to do with such things as contracts,
wills, inheritances, marriage,
property, divorce, adoption and the
like, and with private injuries which
are called “torts”.
Criminal Law – is that branch
or division of law which
defines crimes, treats of
their nature and provides for
their punishment.
16

Criminal law has two distinct elements
a. Its MAJOR PURPOSE or FUNCTION
– is the preservation of social
order in the society.
 Civil law is concern with the
protection of individuals or private
parties from other persons.
b. Sanctions – referred to as
“satisfactions to the public’’, which
are imposed on the person by the
State.
17

Characteristics of Criminal Law as to its distinction from
other Laws
1. Specific purpose of protecting and preserving social order and
community values.
2. The provision that duly authorized government agencies will initiate the
pursuit of legal action against persons accused of violations.
3. The provision that sanctions will consist of punishment by or restitution
to the State or community.
18

CJS as a Process
> As a process, CJS refers to the orderly progression of events from the
time a person is arrested or taken out of the community, investigated,
prosecuted, sentenced, punished, rehabilitated, and eventually returned
to the community.
19
Crime
Police
Prosecution
Court
Correction
Community

Stages of the Criminal Justice process
> There are five (5) stages in the criminal justice process:
 1. Arrest
 2. Charging
 3. Adjudication (Trial-Judgment Stage)
 4. Sentencing
 5. Corrections
20

Arrest Stage
> The criminal justice process begins with the commission of a
crime. But is more accurate to say that it begins with the
DETECTION of crime. Detection is taken to mean not only
observed acts of crime but the results of a crime. If a crime is
undetected or unreported, it obviously does not enter the system.
Even if it was already committed but is still undiscovered, it does
not enter the system.
21

Arrest
Is taking of a person into custody in order that he may be
bound to answer for the commission of an offense. (Rules
of Court, Rule 113, Sec. 1).
22

There are two distinct sequences of steps following the detection of
a crime:
1. Police Observation – Arrest – Booking – Investigation
When the police witness an actual crime in progress and are able to
apprehend the offender, arrest is usually immediate. The suspect
taken and BOOKED into the city or municipal police station and will
later be detained. This procedure involves such things as
fingerprinting, identification check, and reading of rights and
charges. An investigation follows for the purpose of developing a
prosecutable case against the suspect. If the police feel that is
warranted, they pass that case into the next stage-charging.
23

There are two distinct sequences of steps following the
detection of a crime:
2. Complaint – Investigation – Arrest – Booking
The most common way in which crime is brought to the attention of those in
the criminal justice system is by CITIZEN COMPLAINT to the police.
Whether the report of a crime is by a witness or a victim, an investigation
is normally the next step. Unlike the first sequence, investigation is
conducted for the determination of whether a crime has actually been
committed, and if so, the identification of the offenders. If enough evidence
is obtained and police have probable cause to believe a specific person is the
the culprit, the case will be referred to the next stage for filing of a
criminal case and for issuance of a warrant of arrest.
24

Charging Stage
Police output in the form of an arrested or booked suspect becomes input into
the charging stage. The prosecution will decide whether the suspect will be
tried for the commission of the crime. At this point, evidence is evaluated, law
is studied, and police officers and witnesses are perhaps interviewed to assess
the nature of the case and to decide whether the case will be dismissed or be
forwarded to the next stage.
If the prosecution decide that the suspect should be tried, criminal action is
commended by the filing of a complaint or information.
25

Complaint Vs. Information
Complaint is a sworn
statement charging a
person with an offense,
subscribed by the offended,
any peace officer, or other
public officer charged with
the enforcement of the law
violated. (RoC, Rule 110, Sec.
3)
Information is an accusation in
writing charging a person with
an offense, subscribed by the
prosecutor and filed with the
court. (RoC, Rule 110, Sec. 3).
26

Defense against criminal charges
The BURDEN OF PROOF is on the State to remove all
reasonable doubt about the guilt of the defendant. That burden
is in theory entirely on the state or prosecution; the defense
need prove nothing. All the defense is required to do raise
reasonable doubt about the guilt of the accused, and the law
requires an acquittal if such reasonable doubt is created.
27

The following are the some of the defenses the accused might put up:
The Defense of Alibi – a defense of alibi is simply a CLAIM by the
defendant that he or she WAS IN ANOTHER PLACE when the crime
occurred and thereof could not have committed it. This defense is
supported by witnesses who can place the the defendant in that
other location at the right time. Documentary evidence may also be
presented to prove the presence of person in a specific place and
time.
28

The Defense of Insanity – The defense of insanity is a claim
that the defendant should be exonerated from criminal
responsibility because she or he was (or, is) suffering from a
mental condition or mental incapacitation. However, it is up to
the accused to prove that he was suffering from such illness
during the commission of the offense.
29

The Defense of Instigation – If the defendant can establish that he
or she would not have committed the crime were it not for the
encouragement or compulsion of law enforcement agent’s, he/she
is not criminally liable. In instigation a public officer or a private
detective induces an innocent person to commit a crime and would
arrest him upon or after the commission of the crime by the
latter.
30

The Defense of Duress – this defense is based on the claim that the
act was the result, not of any intent on the part of the accused, but
of threats of loss of life, limb, or love one. Duress as a valid defense
should be based on real, imminent, or reasonable fear for one’s life
or limb and should not be speculative, fanciful or remote fear.
(People vs. Borja).
A person who acts under the compulsion of the irresistible force,
like one who acts under the impulse of uncontrollable fear of equal
or greater injury, is not criminally liable because he does not act
with freedom. (People vs. Loreno)
31

The Defense of Consent – the defense that the victim
consented to the act which the accused stands charged. This
defense is common in rape and acts of lasciviousness where
force is usually applied in their commission.
32

The Defense of ‘Violation of the provisions of the BILL OF
RIGHTS’- this defense is invoked if the State or its agents
violated the right of the defendant in obtaining evidence to
prove the latter’s guilt. Such evidence in inadmissible in a
criminal proceeding.
33

Trial Procedure
Trial Procedure
The trial in a criminal court proceeds in the following order:
1. The prosecution shall present evidence to prove the charge;
2. The accused may present evidence to prove his defense;
3. The prosecution and the defense may, in that order present rebuttal and
sub-rebuttal evidence unless the court, in furtherance of justice permits
them to presents additional evidence;
4. Upon admission of the evidence of the parties, the case shall be deemed
submitted for decision. (RoC, Rule 119, Sec. 11).
34

Judgment
In a criminal case, the judgment of a court must state whether the
accused is guilty or not guilty of the offense charged and impose on
him the proper penalty and civil liability, if any. The judgment must
be written in the official language, personally and directly prepared
by the judge and sign by him. (RoC 120, Sec. 7). Civil liability is
usually a monetary indemnity by the accused to the victim or the
victim’s heirs.
35

Judgment
Notes: when two or more offense are charged in a single complaint or
information, and the accused fails to object it before trial, the court may
convict the accused of as many offense as are charged and proved, and
impose on him the penalty for each and every one of them setting out
separately the findings of facts and law in each case.
Judgment of conviction is void if there is clear deprivation of the rights of
the accused.
36

Judgment
How Judgment is Promulgated:
It is promulgated by reading the same in the presence of the accused and
the Judge of the court in which it was rendered. However, if conviction is for
a light offense, the judgement may be pronounced in the presence of his
counsel or representative.
Note: A judgment of conviction may, upon motion of the accused, be
modified or set aside by the court rendering it before the judgment
becomes final (meaning before the lapse of the 15 day period).
37

New Trial or Reconsideration (Rule 121)
> The court may grant a new trial or motion for reconsideration at
anytime before judgment of conviction becomes final upon motion of
the accused, or in its own instance with the consent of the accused.
Grounds for New Trial:
1. That errors of law and irregularities have been committed during the
trial prejudicial to the substantial rights of the accused.
2. That the new material evidence has been discovered and produced at the
trial, and if introduced and admitted, would probably change the
judgment.
38

Sentencing Stage
A conviction becomes the input of the fourth stage;
sentencing. In sentencing, the judge will consider all
circumstances surrounding the case and it is his duty to
apply the provisions of the law in rendering punishment or
sentence against the accused.
39

There are two aspects of sentence
1. Type – refers to the facility or program to which the defendant
is assigned such as:
 Facilities for Incarceration
 Parole and Probation Programs
 Juvenile Corrections
2. Severity – refers to the length of jail service or amount of fine
imposed.
40

Appeal
A person convicted by a trial court may appeal his conviction
to a superior court if he feels that the judgment rendered is
erroneous. The accused has the right within fifteen (15) days
to appeal from the judgment of conviction.
41

How an Appeal may be taken
1. In case decided by the MTC, MCTC, and MTCC, appeal can be done to
RTC>
2. In cases decided by the RTC, appeal shall be filed with the Court of
Appeals, or to the Supreme Court.
Who may Appeal:
Appeal can be done by the accused if convicted. If acquitted, the State cannot
appeal.
42

Correction Stage
This stage involves the convicted person’s serving of the
sentence imposed. It is the stage where the offender will be
reformed and rehabilitated prior to his reintegration in the
community.
43

Interplay of functions in the formal CJS process
The forefront or the initiator of the CJS
process, the police or law enforcement
pillar is made up mainly of the PNP, NBI, and
the PDEA. The main functions of the police
are the following: law enforcement; order
maintenance; control of crime; safeguarding
of lives and properties; investigation and
detection of crimes; arrest and
apprehension of suspects; helps in the
prosecution of criminals; and keeping the
peace and ensuring public safety.
44

Determine of the probable cause, the
prosecution pillar is made up mainly of the
state prosecutor in the national, regional,
and city or provincial level and the National
Prosecution Service under the Department
of Justice. Its main functions are the
following: conducts inquest procedure;
determine probable cause through
preliminary investigation; issue subpoena;
administers oath; recommends the
dismissal and or filing of criminal charges;
prosecute criminals and represent the
State in all criminal proceeding.
45

The centerpiece of the CJS and final arbiter
of the law, the Courts are made up of the
Supreme Court (SC) and such other inferior
courts in the land such as the court of
appeals, regional courts, city and municipal
trial court. Its main functions are the
following: issues search and warrants;
conduct preliminary investigation; conduct
arraignment, pre-trial and trial proper;
renders judgment; adjudicate penalty and
sentencing; and resolve appeals cases, legal
issues and controversies.
46

Corrections assume custody and
rehabilitation of convicted criminals. Its
main functions are the following: custody of
the convicts; isolation and confinement;
treatment, reformation and rehabilitation;
reintegration and preparation for the
release of prisoners. The Bureau of
Corrections (BUCOR)band Bureau of Jail
Management and Penology (BJMP) comprised
the comprised the correctional system in the
Philippines.
47

Law Enforcement Pillar
Policing is the initial process in the entire criminal justice system. The law
enforcement agencies are the considered the initiators in said process which
knot the function of:
A. Crime Detection
B. Crime Investigation
C. Apprehension of Suspect
D. Search and Seizure, and
E. The case preparation
49

Crime Detection
There are several ways in which crimes come to the attention of police.
1. Receipt of citizen complaints or calls for assistance.
2. Receipts of signals from alarm devices.
3. Observations by officers on patrol of suspicious behavior, a crime in
progress, or the aftermath of a crime.
4. Observation of the planning or execution of crimes by pro-active
measures- measures through which police seek to detect crimes, or
attempts to be present when they are committed, through the use of the
undercover agents, electronic devices for wiretapping or bugging,
stakeouts.
50

Response Time
When dealing with crimes detected by calls or alarms, a key element
in whether the crime will be solved and the culprit caught may be
THE TIME THAT ELAPSES BETWEEN RECEIPT OF THE CALL OR ALARM
AND THE ARRIVAL OF RESPONDING OFFICERS AT THE CRIME SCENE.
This is known as RESPONSE TIME, and the shorter it is, the better.
51

Crime Investigation is a specialized aspect of police work
which is the responsibility of both the uniformed patrolman
and the investigator. In the investigation of crime, evidence
technicians and other highly train persons, known as Scene of
the Crime Operations (SOCO) officers, assist in the
collection, preservation, analysis and presentation of physical
evidence found at the crime scene.
52

Crime Investigation
It is a police activity directed toward the identification and
apprehension of alleged criminals and the accumulation,
preservation, and presentation of evidence regarding their alleged
crimes.
The main objectives is to determine who the criminal is and to
develop and present legally accepted evidence to a court of law so
that a conviction is assured and a crime solved.
53

Several activities the policeman has to do in the criminal investigation
process:
Preliminary/Initial Investigation is the initial or beginning phase of a
systematic inquiry into an alleged crime.
The primary responsibility of the investigating officer are taking
care of the injured persons, arrest or pursue suspects, protect the
crime scene so that physical evidence will not be destroyed or
modified.
54

Several activities the policeman has to do in the criminal investigation
process:
Follow-up Investigation is an extension, or continuation of the preliminary
investigation. It is necessary to bring a case to a successful conclusion, or to
solve an unsolved case.
A follow-up investigation is the continuing and final stages in any
investigation unless the investigation was closed as part of the
preliminary investigation.
55

Apprehension of Suspect
An arrest 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.
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. (Rules of Court,
Rule 113, Sec.2)
56

Method of arrest by officer by virtue of warrant.
- When making an arrest by virtue of a warrant, the officer shall
inform the person to be arrested of the cause of the arrest and
the fact that a warrant has been issued for his arrest, except
when he flees or forcibly resists before the officer has
opportunity to so inform him, or when the giving of
such information will imperil the arrest. 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. (Rules of Court, Rule 113, Sec.7)
57

Method of arrest by officer without warrant.
– When making an arrest without a warrant, 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, is pursued immediately after its
commission, has escaped, flees, or forcibly resists before the
officer has opportunity to so inform him, or when the giving of
such information will imperil the arrest. (Rules of Court, Rule
113, Sec.8)
58

In the case of an arrest without a warrant, the person arrested shall
be forthwith delivered to the nearest police station or jail and he may
be subjected to an inquest where the offense for which he was
arrested requires preliminary investigation.
Where the arrest is made with a warrant, the officer executing the
warrant shall also deliver the arrested person to the nearest police
station or jail without unnecessary delay. RoC, Rule 113, Sec. 7 and 3)
59

Preliminary Investigation VS Inquest Proceeding (By
Prosecutor)
Preliminary investigation is an inquiry or proceeding to determine
whether or not there is sufficient ground to support a finding that a
crime has been committed and that the respondent is probably guilty
thereof and should be held for trial in our courts of law.
Preliminary investigation is required for offenses punishable by
imprisonment of more than four (4) years, two (2) months, and one
(1) day.
Otherwise, the investigation may be held summarily and case may be
resolved by the investigating prosecutor based on the pieces of
documentary evidence submitted before the office.
60

Prosecutor)
An inquest is an informal and summary investigation
conducted by the public
prosecutor in a criminal case involving persons
arrested and detained without the benefit of a
warrant of arrest issued by the court for the purpose
of determining whether said persons should remain under
custody and correspondingly be charged in court.
61

Rule 112, Section 7 of the Revised Rules on Criminal
Procedure
When a person is lawfully arrested without warrant involving an
offense which requires a preliminary investigation, where the
offense is at least four years, two months and one day, the
complaint or information may be filed by a prosecutor without need
of a preliminary investigation provided an inquest has been
conducted in accordance with existing rules. In the absence or
unavailability of an inquest prosecutor, the complaint may be filed by
the offended party or a peace officer directly with the proper court on
the basis of the affidavit of the offended party or arresting officer or
person.
62

Prosecutor)
Before the complaint or information is filed by the
prosecutor, the person arrested may ask for a preliminary
investigation but he or she must sign a waiver of the
provision of Article 125 of the Revised Penal Code, as
amended, in the presence of his counsel.
63

Art. 125.
> Delay in the delivery of detained persons to the proper judicial authorities. – The
penalties provided in the next preceding article shall be imposed upon the public
officer or employee who shall detain any person for some legal ground and shall
fail to deliver such person to the proper judicial authorities within the period of:
twelve (12) hours, for crimes or offenses punishable by light penalties, or their
equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional
penalties, or their equivalent; and thirty-six (36) hours, for crimes or offenses
punishable by afflictive or capital penalties, or their equivalent.
> In every case, the person detained shall be informed of the cause of his detention
and shall be allowed, upon his request, to communicate and confer at any time with
his attorney or counsel. (As amended by EO No. 272, July 25, 1987. This EO No.
272 shall take effect thirty (30) days following its publication in the Official
Gazzette)
64

Art. 126
> Delaying release. – The penalties provided for in article 124 shall
be imposed upon any public officer or employee who delays for
the period of time specified therein the performance of any
judicial or executive order for the release of a prisoner or
detention prisoner, or unduly delays the service of the notice of
such order to said prisoner or the proceedings upon any petition
for the liberation of such person.
65

Art. 124.
> Arbitrary detention. – Any public officer or employee who, without legal grounds,
detains a person, shall suffer:
> 1. The penalty of arresto mayor, in its maximum period to prision correccional in its
minimum period, if the detention has not exceeded three days;
> 2. The penalty prision correccional in its medium and maximum periods, if the
detention has continued more than three but not more than fifteen days;
> 3. The penalty of prision mayor, if the detention has continued for more than
fifteen days but not more than six months; and
> 4. That of reclusion temporal, if the detention shall have exceeded six months
The commission of a crime, or violent insanity or any other ailment requiring the compulsory
confinement of the patient in a hospital, shall be considered legal grounds for detention of any person.
66

Prosecutor)
In the case of Leviste vs Alameda (supra), the Supreme Court
clarified the remedies available before and after the filing of an
information in cases subject of inquest.
In said case, before the filing of a complaint or information in court,
the private complainant may proceed in coordinating with the
arresting officer and the inquest officer during the latter’s conduct of
inquest. The arrested person has the option to avail of a 15-day
preliminary investigation, provided he duly signs a waiver of any
objection against delay in his delivery to the proper judicial
authorities under Article 125 of the Revised Penal Code.
67

Preliminary Investigation VS Inquest Proceeding (By Prosecutor)
In case the inquest proceedings yield no probable cause, the private
complainant may likewise pursue the case through the regular course
of a preliminary investigation. Once a complaint or information is
filed in court, the accused is provided with another opportunity to ask
for a preliminary investigation within five days from the time she or
he learns of its filing.
68

Rules of Court, Rule 113, Sec.6
Time of making arrest. – An arrest may be made on any day and at any time of
the day or night.
The head of the office to whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed within ten (10) days from its
receipt. Within ten (10) days after the expiration of the period, the officer to
whom it was assigned for execution shall make a report to the judge who
issued the. In case of failure to. Execute the warrant, he shall state the reasons
therefore.
A police officer may still effect the arrest of a person with a pending warrant of
arrest, until such time the latter has been arrested. A Police officer need not
bring the actual warrant when effecting the arrest, as long as he has the
knowledge that a warrant was issued against such person.
69

RoC, Rule 135, Sec. 3
A warrant of arrest, whether issued by a court of competent
jurisdiction, may be served anywhere in the Philippines.
70

Warrant of Arrest
It 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 take a person into custody in order that he may
be bound to answer for the commission of an offense.
As a rule, a warrant of arrest for the apprehension of unnamed party
upon whom it is to be serve is void except in those cases where it
contains a description of the person or such as will enable the officer
to identify the accused.
71

Arrest without a Warrant
An arrest may lawfully be made even without a warrant under certain limited
conditions which approximate the existence of probable cause as would justify
the issuance of a warrant of arrest. The following are the provisions of Sec. 5,
Rule 113 of the Rules of Court.
72

Sec. 5, Rule 113 of the Rules of Court.
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.
In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant
shall be forthwith delivered to the nearest police station or jail and shall be proceeded against
in accordance with section 7 of Rule 112.
73

Officer may summon assistance. – 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.
74

Right of officer to break into building or enclosure. – An officer,
in order to make an arrest either by virtue of a warrant, or
without a warrant as provided in section 5, may break into any
building or enclosure where the person to be arrested is or is
reasonably believed to be, if he is refused admittance thereto,
after announcing his authority and purpose.
75

Right to break out from building or enclosure. – Whenever an
officer has entered the building or enclosure in accordance
with the preceding section, he may break out therefrom when
necessary to liberate himself.
76

Search and Seizure
Almost as important as the authority to arrest is the
authority of the police to perform searches and to seize
evidence. Like arrests, searches may be performed with or
without court-issued search warrants.
77

Search Warrant
> It 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 there in and bring it before
the court. (RoC, Rule 126, Sec. 1)
>
78

Search Warrant
> To obtain a search warrant from a judge, law
enforcement agencies must supply the address or
description of the place or vehicle to be searched, the
crime or activities being investigated, and the things to
be seized. Search warrants are issued when the judge
has probable cause to believe the evidence sought is
related to criminal activity.
79

Search Warrant
> The Constitution declares that the right of the
people to be secure in their persons, houses,
papers, and effects, against unreasonable searches
and seizures of whatever nature and for any
purpose shall be inviolable. (1987 Constitution,
Article III, Sec. 2)
80

REQUISITES FOR ISSUING SEARCH WARRANT
 Based upon probable cause
 Must be in connection with one specific offense
 Must be determined personally by the judge
 Must be after examination under oath or affirmation
of the complainant and the witnesses he may
produce.
 And particularly describing the place to be searched
and the things to be seized. (1987 Constitution, Art.
III, Sec. 2)
81

PROBABLE CAUSE -
Refers to such facts and circumstances that
would lead a reasonably discreet and prudent
man to believe that an offense has been
committed and that the object sought in
connection with the offense are in the place
sought to be searched.
82

(RoC, Rule 126, Sec.5 )
> A judge may issue a search warrant only upon probable cause, in
which he will personally determined. He may do this, by
personally examining in the form of searching questions and
answers, in writing and under oath, the complainant and the
witnesses he may produce on facts personally known to them
and attach to the record their sworn statements, together with
the affidavits submitted.
> The complainant and the witnesses must be under oath in order
that perjury could be charged against them in case their
allegations prove false. Perjury is the giving of false testimony
under oath.
83

PERSONAL PROPERTY THAT CAN BE SUBJECT TO SEIZURE
 Property subject to the offense
 Property stolen or embezzle or fruits of the
offence
 Property used or intended to be used as the
means of committing an offence. (RoC, Rule
126, Sec. 3 )
84

VALIDITY OF SEARCH AND SEIZURE WARRANT
 A search warrant shall be valid for ten (10) days
from its date. Thereafter, it shall be void. (RoC, Rule
126, Sec.10)
 The warrant must direct that it be served in the
daytime, unless the affidavit asserts that the
property is on the person or in the place ordered to
be searched, in which a case a direction may be
inserted that it be served at any time of the day or
night. (RoC, Rule 126, Sec. 9)
85

WARRANTLESS SEARCH AND SEIZURE
There are several instances where a search may lawfully be
made without a warrant. Where there is consent or waiver.
(People vs. Malasugui, 63 PHIL. 223)
Where a person voluntarily submits himself to a search, a
warrant therefore is unnecessary. And if a person he
consented to the search.
86

WARRANTLESS SEARCH AND SEIZURE
Where search is an incident to a lawful arrest. (Alvaro vs. Dizon, 76 Phil.837)
A person lawfully arrested may be searched, without a search warrant, for
dangerous weapons or anything which may have been used or constitute proof
in the commission of an offence. Such a search incidental to a lawful arrest is
justified by the need to disarm the suspect in order to take him into custody and
by the need to preserve evidence on his person for later use at trial.
Lawful warrantless searches may be made on a person arrested and of the
immediate surrounding area to remove any weapons that the arrestee might
seek to use in order to resist arrest or effect his escape and to prevent the
concealment or destruction of evidence.
>
87

The “plain view” exception
> Where, without a search, the possession of articles prohibited by
law is disclosed to plain view or is open to eye and hand. (State
vs. Quina, 79 S.E. 62). And where an article is already in “plain
view’’, neither its observation nor its seizure would involve any
invasion of privacy. Such an article may therefore be seized
without a search warrant. This exception applies only where a
police officer is not searching for evidence against the accused
but nonetheless inadvertently comes across such evidence whose
incriminating nature is immediately apparent. (People vs. Musa,
217 SCRA 597).
88

 In the case of contraband or forfeited goods being
transported by ship, automobile, or other vehicle, where
the officer making it has reasonable cause for believing
that the latter contains them, in view of the difficulty to
securing a search warrant. (Magoncia vs. Palancio, 80 Phil.
70)
89

 As an incident of inspection, supervision and regulation in
the exercise of police power such as inspection of
restaurants by health officers, of factories by labor
inspectors, of physical establishments by fire marshals, of
book of accounts by revenue examiners etc.
 Routinary searches usually made at the border or at ports
of entry in the interest of national security and for the
proper enforcement of customs and immigration laws. (47
Am. Jur. 513-515).
90

Checkpoint Searches
“Stop-and-search” at military police checkpoints has been
upheld by our Supreme Court and therefore suspicious
behavior during routine inspection and questioning at these
checkpoint may provide the probable cause to justify more
extensive search. (People vs. Exala, 221 SCRA 494)
91

Methods of Search
 Like a warrant of arrest, a search warrant is enforceable by
forcible methods where resistance is offered. The Rules of
Court expressly authorizes the warrant officer, if refused
admittance to the place of directed search after giving
notice of his purpose and authority, to break open any
outer or inner door or window of a house or any part of a
house or anything therein to execute the warrant or
liberate himself or any person lawfully aiding him when
unlawfully detained therein. (RoC, Rule 126, Esc. 7).
>
92

Methods of Search
 However, only such property as has been particularly
described in the search warrant may be seized. Hence,
again, the importance of particularity in the description in
the warrant of the things to be seized. Further assurance
that this mandate is obeyed is provided by the requirement
that the seizing officer issues a receipt for the articles seized
and promptly deliver these articles together with an
inventory to the issuing court.
93

The Case Preparation
 This is the process of bringing together in an organized and
logical manner all evidence collected during the
investigation of a crime and present it to the prosecutor.
The investigator must be able to present to the prosecutor
and proved before the court the CORPUS DELICTI.
 Corpus Delicti (substance or body of the crime)- It means
that a specific crime was committed at a specified time,
date and place, and that the person named in his report
committed the crime.
>
94

Police discretion
 simply refers to sound decision making and
judgement on a case to case basis. It guides
the police on the proper and legitimate
exercise of police duties without being
charged for abuses and excesses in the
performance of his inherent duties as police
officer.
>
95

Government Law Enforcement Agencies in the Police Pillar
 Bureau of Immigration (IB) – Bureau of Immigration, an
attached agency under the Department of Justice, is tasked
to enforce the immigration laws of the country. It
investigates the and arrests illegal and undocumented
aliens, foreign fugitives and criminals operating in the
country.
 Bureau of Customs (BOC) – BOC, under the Department of
Finance is tasked to enforce customs and tariff duties in all
the Philippines airports and seaport nationwide. It
investigate and arrests smugglers and those suspected of
violating custom laws.
>
96

 Bureau of Internal Revenue (BIR) – BIR enforces tax laws
and regulations. It investigates tax evasion cases and arrests
similar violations. BIR is under the Department of Finance.
 Bureau of Food and Drugs (BFAD) – BFAD enforces and
regulates manufacture of food and drugs. It investigates
and arrests unscrupulous manufacturers and makers of
substandard food and drugs without license or permits.
BFAD is under the Department of Health.
97

 Bureau of Quarantine – The Bureau of Quarantine is an
attached agency under the department of Health. It is
empower to enforce measures to stop , control and
monitor the spread of disease by conducting quarantine on
all air and seaports across the country.
 Land Transportation Office (LTO) – LTO regulates land
transportation industry and enforces transportation laws
and regulations. Investigates arrest and prosecutes
“colorum” or out of the line vehicles.
98

 Maritime Industry Authority (MARINA) – MARINA
regulates the maritime and shipping industry. It oversees
the sea worthiness of all sea-going vessels.
 Optical Media Boards (OMB) – formerly known as
Videogram Regulatory Board, the OMB operates against the
proliferation of fake and pirated VHS DVD, VCD or CD tapes.
99

 Intellectual Property Office (IPO) – IPO, an interagency
attached under the Deparment of Trade and Industry
operates against the intellectual property and copyright
laws.
 Movie and Television Review and Classification Board
(MTRCB) – MTRCB operates against pornography films
shown on television and movie houses.
100

 Department of the Environment and Natural Resources (DENR) –
DENR operates against illegal logging. It investigates and prosecute
violators of environmental protection laws.
 Banko Sentral ng Pillipinas -BSP regulates banking industry and
enforces banking laws. Investigates arrest and prosecutes
counterfeit currency manufacturers and passers.
 Intellectual Property (IPO) – This Agency is under the Department
of Trade Industry. It’s Mission is to enforce all laws pertaining to
the Intellectual property and apprehend/prosecutes violators
thereof.
>
101

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