Criminal Justice System - chapter 4 ....

educational purposes

1. First component or pillar of the Philippine Criminal Justice System. Refers to various agencies of the government tasked to enforce the laws of the land including special laws and ordinances. Law Enforcement Agency is an instrumentality of the government on which the principal functions are prevention, detection, investigation of crime and the apprehension of law violators.   LAW ENFORCEMENT

2. PHILIPPINE NATIONAL POLICE NATIONAL BUREAU OF INVESTIGATION PHILIPPINE DRUG ENFORCEMENT AGENCY AND MANY OTHERS LAW ENFORCEMENT AGENCIES

3. MAJOR FUNCTIONS OF LAW ENFORCEMENT AGENCIES UNDER THE CJS 1 2 3 Investigation of Crimes Arrest of Offenders Assistance in the Prosecution of the case

4. An activity involving the collection of facts in order to identify and locate the offender or guilty party of a crime, and to provide evidence of his guilt. CRIMINAL INVESTIGATION

5. TOOLS IN CRIMINAL INVESTIGATION 1 2 3 Information Interrogation Instrumentation

6. The taking of a person into custody in order that he may be bound to answer for the commission of an offense. ARREST

7. 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. ARREST, HOW MADE?

8. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit and offense; 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 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 WITHOUT WARRANT, WHEN LAWFUL

9. Law enforcement officers can assist in the prosecution of offenders simply by testifying as a witness and by presenting all evidence in their possession. HOW DOES LAW ENFORCEMENT OFFICERS ASSIST IN THE PROSECUTION OF OFFENDERS?

10. Among the law enforcement agencies in the country today, the police take a big role considering the nature of its power and tasks. THE POLICE

11. Keeping the peace – It simply means maintenance of peace and order. This activity may involve the protection of rights and persons, ranging from street corner brawls to domestic quarrels. Apprehending law violators and combating crime – this is the task that the public most often associates with police work, although it accounts for only a small portion of police time and resources. Ex. Raids, checkpoint operations and the like. The Police have the following Major Duties

12. 3. Preventing crime – This is done primarily by educating the public and conducting patrol activities. 4. Providing social services – These include traffic management, recovery of stolen property, providing emergency medical aid, providing security to persons and activities, rescue operations, locating missing person, etc. The Police have the following Major Duties

13. Police Role in the Society 1. Prevention of crime 2. Crime detection 3. Crime investigation 4. Apprehension of suspect 5. Search and Seizure 6. Order maintenance 7. Enforcement of laws 8. Making charges 9. Traffic regulation

14. Major Laws Enforceable in the Philippines 1. RA 3815 – Revised penal code 2. RA 9165 – Drug law 3. BP 22 – Bouncing check law 4. RA 7610 – Child abuse law 5. RA 9262 – Children and Women's act 6. RA 4136 – Traffic code of the Philippine 7. RA 1866 – Law on firearms 8. RA 3019 – Anti graft and Corrupt law 9. RA 9208 – Anti human trafficking law 10. RA 9372 – Human security law

15. POLICE Greek word “ Politeia ” which means government of the city. Roman word “ Politia ” which means condition of the state or government. French word “Police” which denotes authorized people who enforces the law. 15

16. EVOLUTION OF POLICE SYSTEM

17. Anglo-Saxon Period(600-1066 AD) FRANKPLEDGE System - male over 12 years old join nine (9) of his neighbors to form a TYTHINGMEN – a group of men whose duty was to apprehend any person who offends another and deliver that offender for trial.

18. TUN POLICING - all male residents were required to guard the town to preserve peace and order, protect the life and properties of the people and other factors that disturbs the peace and order.

19. HUE AND CRY - the complainant or victim goes to the middle of the community and shout to call all male residents to assemble. The victim reports his complaint to the assembly. Consequently, all the male residents will go after the criminal and apprehend him.

20. Normal Period (1066-1285) SHIRE-REEVE SYSTEM – In this time the shire-reeve is a public officer performing law enforcement functions. The term Shire-Reeve eventually became Sheriff, the title of the chief of constables or police officers in a certain town.

21. In 1195, King Richard of England issued a proclamation entitled KEEPERS OF THE PEACE, requiring the appointment of Knights to keep the King’s peace by standing as guards on bridges and gates while checking the people entering and leaving the cities and towns.

22. Modern Period in England KING CHARLES II of England passed a law in 1663 that provided for the employment of NIGHT WATCHMEN OR BELLMEN to be on duty from sunset to sunrise. In 1748, HENRY FIELDING became the Chief Magistrate at Bow Street in London. He organized a group of men known as BOW STREET RUNNERS (thief catchers). He later formed the BOW STREET HORSE PATROL whose duty was to patrol the main roads thus secure the travelers from highwaymen or highway bandits.

23. The British statesman SIR ROBERT PEEL in 1829 established the LONDON METROPOLITAN POLICE, which became the world’s first modern organized police force. It was later called SCOTLAND YARD. The development of the British Police System is especially significant because the pattern that emerged not only became a model for the American police system but also had great influence on the style of policing in almost all industrial societies. Peel earned the title – THE FATHER OF MODERN POLICING SYSTEM.

24. Modern Policing System It was sponsored and expanded by Sir Robert Peel who was made to be the first head of the police organization. He was referred as the Father of Modern Policing System due to his contributions in the modernization of the police force. The following are principles were considered in organizing and administering the Scotland Yard known as the Peel’s Principles: 1. Stable and effective police force should be under government control. 2. Absence of crime is the best proof of efficiency. 3. Fast distribution of news to the people is essential. 4. Proper distribution of personnel according to shift and by hour.

25. 5. The best qualification of peace officers is control of temper. 6. Proper selection and training is the basis of efficiency. 7. Police cannot function properly without wholehearted support of the people. 8. Every police must sell himself to the people. 9. Police officers must go out of their way to help or assist the people.

26. SIR ROBERT PEEL THE FATHER OF MODERN POLICING SYSTEM He is the first head of the police organization in the world. In memory of Sir Robert Peel, all policemen in England are called BOBBIES. 26

27. NEW YORK, USA Where the first full time organized police department in US was made. Called nowadays as NEW YORK POLICE DISTRICT. NYPD is the largest and oldest police force in USA. ERIC SAWATI CATTE 27

28. What does the BADGE symbolizes? Police Authority The USA police called their badge as SHIELD 28

29. T.S.A.P.A T o S erve A nd P rotect A dvocacy ERIC SAWATI CATTE 29

30. What does the Police Uniform signifies? It serves as mirror of the police organization. 30

31. FRENCH POLICE SYSTEM During the 17th century in France, King Louis XIV maintained a small central police organization consisting of some 40 inspectors who, with the help of numerous paid informants, supplied the government with details about the conduct of private individuals.

32. In Paris, the position OFFICERS DE PAIX was formed in 1791. This was the origin of the term Peace Officers. The French were the first to establish uniformed police officers – they were called SERGENT de VILLE (servant of the city).

33. Other contributions of the French in the development of policing system were: Conceiving street signs. Assigning house numbers. Installing street lighting. Creating emergency and rescue services. Use of police ambulances. Use of “warrant card”, and ID signifying authority to arrest.

34. AMERICAN POLICE SYSTEM Policing system in America followed the model developed in England. New York, Boston and Philadelphia organized their night watchmen, which was similar to the bellmen created in London during the reign of King Charles II. These night watchmen were known as RATTLEWATCH because they carried rattle while on duty to inform the public of their watchful presence.

35. Development of American Police force In 1638, night-watch was initiated in Boston, Massachusetts. In 1658, rattle-watch was organized in New York. Night watch started in Philadelphia in 1700. In 1722, New Haven had a police regulation that “No watchman will have the liberty to sleep.” In 1800, it became a government policy that able-bodied males over 16 years old were required to serve without pay. New York City police began to adopt a full police uniform in 1856. 1833 was the advent of daytime police with pay.

36. Development of state police force in America Texas Rangers were organized in 1835. In 1865, Massachusetts organized a force of state constables. The Pennsylvania State Police came into existence in 1905.

37. EVOLUTION OF POLICE SERVICE IN THE PHILIPPINES

38. Policing system during the Spanish Regime The police force during the Spanish Regime was considered as part of the military system by the Spanish government. The locally organized police forces, although performing civil duties and seemingly created for the sole purpose of maintaining peace, were in fact directly commanded by the colonial military government.

39. Police forces CARABINEROS de SEGURIDAD PUBLICO (Mounted Police) was organized in 1712 for the purpose of carrying out the policies of the Spanish government. The members were armed and considered as the mounted police. GUARDRILLEROS was a body of rural police organized in each town that was created by the Royal Decree of January 8, 1836. This police force was composed of 5% of the able-bodied male inhabitants of each town or province, and each member should serve for at least 3 years. GUARDIA CIVIL was the police organization created by the Royal Decree issued by the Spanish Crown government on February 12, 1852.

40. Japanese Occupation The Japanese Military Police, known as KEMPETAI were held responsible in maintaining peace and order in Manila and adjacent urban areas. Kempetai ruled the urban areas until Gen. Douglas McArthur returned of February 7, 1945.

41. Significant developments during American Occupation until the World War II The First American Occupation in the Philippines that came after the Filipino-American War (1898 to 1901).

42. Police Forces INSULAR POLICE FORCE was established on November 30, 1890 during the Filipino-American War (1898 to 1901) upon the recommendation of the Philippine Commission to the Secretary of War. INSULAR CONSTABULARY was created on July 18, 1901 by virtue of ACT # 175 titled as “An Act Providing for the Organization and Government of an Insular Constabulary”.

43. MANILA POLICE DEPARTMENT (MPD) was organized on July 31, 1901, by virtue of Act # 183 of the Philippine Commission. The 1st Chief of Police was Capt. George Curry , a US Army officer, on August 7, 1901 Capt. Columbus Piatt was the last American COP of MPD before World War II broke out.

44. On October 3, 1901, the Insular Constabulary was changed to PHILIPPINE CONSTABULARY (PC) by virtue of ACT # 255. Brig/Gen. Henry T. Allen was the 1st Chief of the Philippine Constabulary. He was the PC Chief from 1901 to 1907 such that he was called as the Father of Constabulary in the Philippines. The PC was manned mostly by Filipinos but officers were mostly Americans.

45. REVISED ADMINISTRATIVE CODE OF 1917 was approved a year before World War I (August 1914 to November 1918) ended. In section 825 of this law, it stated that the Philippine Constabulary is a national police institution for preserving the peacekeeping order and enforcing the law. Brig./Gen. Rafael Crame became the first Filipino Chief of Police. He served as the PC Chief from 1917-1927.

46. On January 1, 1932, Republic Act No. 3815, otherwise known as the Revised Penal Code of the Philippines (RPC) took effect.

47. In November 1938, Act # 181 required the creation of a Bureau of Investigation. This agency should be the modification of the Division of Investigation (DI) from the Department of Justice. Finally, on June 19, 1947, Republic Act No. 157 was enacted which created the National Bureau of Investigation.

48. Col. Antonio C. Torres – the 1st Filipino COP when Manila Police Department became an all Filipino police organization; declared Manila as an open city when World War II broke-out in 1941 Col. Lamberto T. Javalera – the 1st Filipino COP of MPD appointed by Pres. Roxas under the Republican Government.

49. Law enacted after the World War II In 1960, Republic Act No. 2678 was enacted and this law provided the expansion and reorganization of the NBI. This law established that the NBI is both an investigative and research service agency. On January 1, 1964, the RULES OF COURT took effect. This procedural law was construed in order to promote the broad objective of the criminal justice system and to assist the parties in obtaining just, speedy and inexpensive determination of every legal action and proceeding.

50. On September 18, 1966, Republic Act No. 4864 otherwise known as POLICE ACT OF 1966 was enacted. The law created the office of the POLICE COMMISSION (which was later called National Police Commission) under the Office of the President. Originally, the POLCOM was created as a supervisory agency to the PC. Their function was to oversee the training and professionalization of the police service gained official recognition.

51. On August 8, 1975, PRESIDENTIAL DECREE No. 765 was enacted and stipulated that the office of the NAPOLCOM should be under the office of the Ministry of National Defense. It defined also the relationship between the Integrated National Police and the Philippine Constabulary. This was in compliance with the provisions of Section 12, Article 15 of the 1973 Philippine Constitution.

52. On December 13, 1990, REPUBLIC ACT No. 6975 was approved by then President Corazon Aquino. This law was known as the DILG Act of 1990 but it was also recognized later as the PNP Law of 1991. This law created the Philippine National Police and declared it to be the only police force of the country with national scope and civilian in character.

53. On February 25, 1998, Republic Act Nr. 6975 provisions concerning the PNP were amended when President Fidel Ramos approved Republic Act Nr. 8551. Republic Act Nr. 8551, known as the PNP Reform and Reorganization Act of 1998, reorganized the PNP for the purpose of reforming and professionalizing it.

54. RA 6975 – Known as the “ DILG Act of 1990” It was enacted on December 13, 1990 during the incumbency of President Corazon C. Aquino. It is the law that established the PNP under a reorganized DILG. RA 8551 – Known as the PNP Reform and Reorganization Act of 1998.” it amended certain provisions of RA 6975. Two (2) laws governing the PNP

55. Two (2) major characteristics are mandated under the Philippine Constitution as regards to the establishment of the PNP, and they are; National in Scope – which means that the PNP operates nation-wide, and its members are considered national employees, and Civilian in Character – which means that no elements of the police force shall be military nor shall any position thereof be occupied by active members of the AFP. The PNP personnel shall be under the Civil Service Law Characteristics of the Philippine National Police

56. However, the PNP could still be considered a quasi -military organization as indicated by the following facts; (a) its men have rank and uniform that give them authority; (b) its organization has pyramid-shaped or pyramidal structure; (c) commanders and supervisors have complete authority over their subordinates; and (d) their communications flow downward through the bureacratic chain of command. Characteristics of the Philippine National Police

57. At present, the Police personnel of the PNP are composed of the following: Graduates of the PMA or PMAers who were absorbed by the PNP; Former personnel of the PC who were absorbed by the PNP; Former personnel of the AFP who were absorbed by the PNP Composition of the Police personnel of the PNP

58. Former personnel of the NPC who were absorbed by the PNP Former personnel of the Local/INP who were absorbed by the PNP Graduates of PNPA who joined the PNP; and Those recruited by the PNP through lateral entry and regular recruitment.

59. Police personnel – Those who are active police officers with corresponding ranks. They are known as “ uniformed personnel” of the PNP Civilian employee – Those supporting the police personnel in carrying out their duties and responsibilities. They are known as “ non-uniformed personnel” of the PNP. Category of PNP Personnel

60. END…