LAW ENFORCEMENT PILLAR

PART II
 Words to ponder
Arrest Warrant of arrest
is the taking of the person an order in wiring issued in
the name of the people of
into custody in order that the Philippines, signed by
he may bind to answer for the judge and directed to a
the commission of an peace officer, commanding
him to take a person into
offense custody in order that he
may bound to answer for the
commission of an offense
 Warrant of arrest
Who may issue? When to issue?
May only be issued when there is A
CASE FILED in court and that the judge
Only a JUDGE can finds probable cause to issue the said
issue the warrant of warrant

If no case issue
arrest When complaint or information filed in
the MTC for preliminary investigation
purposes
 Right of the officers of the law to
break into or out from the
building or enclosure (SEC 11-12,
Arrest; How made Rule113)
Made by ACTUAL RESTRAINT of the May break into any building or enclosure
person to be arrested or by his where the person to be arrested is or
SUBMISSION to the custody of the reasonably believed to be, if he is refused
person making it admittance thereto, after announcing his
authority
Note:
He may break out therefrom when
No violence or Unnecessary force shall be necessary to liberate himself
used in making an arrest (SEC2,
RULE113)
 Does warrant have an
expiration?
Time of making the arrest
A warrant of arrest is
May be made on any VALID UNTIL
day and at any time of EFFECTED
the day or night 10-day rule
(SEC6, RULE113) Is for officer to make a
report to the court and
EXPLAIN FOR ITS
NON-SERVICE
Rule on Arrest, and Search and Seizure

NO ARREST can be made WITHOUT A VALID

WARRANT issued by a competent judicial authority.

The constitution guarantees the right of the people to be

secure in their persons against unreasonable seizure.

Any evidence obtained in violation of the said right

shall be inadmissible for any purpose in any proceedings.
 Warrantless arrest
“ARREST WITHOUT  In Flagrante
WARRANT”
delicto arrest
“CITIZENS ARREST”
Rule:  Hot Pursuit
No officer of the law or any person Arrest
has the power to make an arrest  A person to be
without warrant
arrested is an
except
escapee
 Warrantless arrest
In Flagrante delicto arrest Elements
when in his presence, 1. person to be arrested must
the person to be arrested execute an overt act(crime)
HAS COMMITTED 2. such overt act is done in the
is ACTUALLY presence or within the view of
COMMITTING the arresting officer
or
is ATTEMPTING TO
COMMIT an offense
 Warrantless arrest
Hot Pursuit Arrest
when the 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
Elements:
1) crime has in fact been
committed
2) the arresting officer
has personal knowledge
of facts indicating that
the person to be arrested
… committed
 Warrantless arrest
Personal knowledge
Actual belief or reasonable
grounds of suspicion, based on prisoner who has escaped from a
actual facts, that the person to be
arrested is probably guilty of
committing the crime
A person to be arrested is an
escapee
When the person to arrested is
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 is the usual cause of
arbitrary detention
A peace officer must have a warrant of
arrest properly issued by the court in order
to justify an arrest of a person by a public
officer may constitute arbitrary
detention
Arbitrary Detention under Article 124 of the
RPC.
is committed by any public officer or employee who,
without legal grounds, detains a person. The elements
of the crime are:
1.That the offender is a public officer or employee.
2.That he detains a person.
3.That the detention is without legal grounds.
 Legal grounds for the detention of any
person
a. The commission of a crime;
b. Violent insanity or another ailment requiring the
compulsory confinement of the patient in a hospital
(Art. 124, par. 2, RPC).
c. Voluntary commitment to the Drug Rehabilitation
Center.
 Classes of Arbitrary Detention
i. Arbitrary Detention by detaining a person without
legal grounds which is defined and penalized under
Article 124 of the RPC;
ii.Delay in the delivery of detained person to the
proper judicial authority which is defined and
penalized under Article 125 of the RPC; and
iii.Delaying Release which is defined and penalized
under Article 126 of the RPC.
Arbitrary Detention under Art 125 & 126
a. That the offender is a a) TWELVE (12) HOURS, for crimes
public officer or or offenses punishable by light
penalties, or their equivalent; or
employee;
b) EIGHTEEN (18) HOURS, for
b. That he has detained crimes or offenses punishable by
a person for some legal correctional penalties, or their
ground; equivalent; or
c. That he fails to c) THIRTY-SIX (36) HOURS, for
deliver such person to crimes or offenses punishable by
afflictive or capital penalties, or
the proper judicial their equivalent.
authorities within:
 Words to ponder
SEARCH SEARCH WARRANT
an examination of a man's order in writing issued in the name
house, building or other of the People of the Philippine,
premises, or of his person, signed by a judge and directed to a
with a view of some peace officer, commanding him to
evidence of his guilt to be search for personal property
used in the prosecution of a described therein and bring it
criminal action for some before the court
offenses with which he is
charged
 SEARCH WARRANT
WHO MAY ISSUE? WHEN TO ISSUE?
ONLY a COURT There must be probable
cause which determined
can issue a search personally by the judge, after
warrant, examination under oath or
affirmation of the
without exception complainant and the
witness(es) that may be
produced
 SEARCH WARRANT
TIME OF MAKING SEARCH PRESCRIPTIVE PERIOD
Warrant must direct that it be served
in the DAY TIME, Shall be valid for
UNLESS TEN (10) DAYS
the affidavit asserts that the
property is on the person or place from its date,
ordered to be searched, in which case thereafter, it will be
a direction may be inserted that it
may be served at any time of the
VOID
(Sec10, Rule126)
day or night (Sec9, Rule 129)
 SEARCH WARRANT
MANNER OF ENFORCEMENT
the officer, if refused admittance to the
place of directed search after giving
notice of his purpose and authority, may
break open any outer or inner door or
window of a house or any part of the
house or anything therein to execute the
warrant or liberate himself
PROPERTY SUBJECT TO BE SEIZED
 Subject of the offense
 stolen or embezzled and other
proceeds or fruit of offense
 Used or intended to be used as the
means of committing of offense
(SEC 3, RULE 126)
Constitutional safeguards against search and
seizure
In the constitution is the One cannot force his way into any
inviolable right to privacy man’s house on the illegal orders
of home and person. It of a superior. Indeed, even the
explicitly ordains that humblest hovel is protected from
people have the right to be official intrusion because of the
secure in their persons, ancient rule, revered in all free
house, papers and effects regimes, that a man’s house is his
against unreasonable castle.
searches and seizure of
whatever nature or for any
purpose.
 Warrantless Search and seizure

Allowable instances:
 Search incident to lawful
Search and seizure arrest
conducted even  Plain view doctrine
without search  Search of moving vehicle
 Customs search
warrant
 Search with consent
 stop and frisk
 Violation of Domicile
(Art.128 of the RPC)
 Entering any dwelling against the will of the owner thereof;
Searching papers or other effects found therein without the
previous consent of such owner; or
Refusing to leave the premises, after having surreptitiously
entered said dwelling and after having been required o leave
the same.
 Miranda warning – rule on custodial Investigation

CUSTODIAL INVESTIGATION MIRANDA WARNING

Questioning initiated by law
enforcement officers after a
person has been taken into
custody or otherwise deprived
of his freedom of action in a
significant way.
A police warning that must be
given to person under custodial
investigation accused of
committing a crime before they can
be asked for questioning relating to
the commission of a crime
 Miranda warning
 right to remain silent The right CANNOT BE
 right to a competent and WAIVED except in
independent counsel writing and in he
preferably of his own presence of counsel.
choice
However, the right to be
 right to be informed of informed of such rights
the nature of accusation
cannot be waived.
filed against him/her
 Barangay Tanod
Civilian volunteers, duly created
at the barangay level, to assist
the barangay officials in the
effective exercise of the law
enforcement for the
maintenance of peace and order
and the promotion of public
safety.
 PD 1232 Recognizing
Barangay Community
Brigade
 RA 7160 (The 1991
Local Government
Code)
 EO 366 – Creating
Barangay Peace and
Order Committee
 Private Security Guards
Responsible purely for enforcing
company policies, rules and
regulations of management and
clients with the ultimate objective
of providing security to the
assets and persons of clients.
RA 5487
SG has only territorial
power
PSG can only carry
firearms only in the actual
performance of their duty,
in the prescribed uniform,
in the place and time so
specified in the DDO.
 Words to ponder
Crime Detection Criminal Investigation
The discovery, identification is an art, which deals with the
and analysis of criminal identity and location of the
evidence to identify and criminal offender and the
ultimately apprehend the gathering and providing
offender using scientific evidence of evidence for his
method. guilt criminal proceedings
 Methods of Crime Detection
SURVEILLANCE
Method of observing, monitoring and detecting a person’s activity from a distance either by
direct observation or by the use of electronic equipment. Like bait car, bugs, CCTV,
eavesdropping or electronic tagging. (see next slide for discussion)

INTERROGATION
The vigorous/confrontational battle between the subject and investigator

GATHERING OF INFORMATION/FACTS
Facts, files, data or documents collected by police officers
 Types of surveillance
Surveillance of places
“CASING/RECONNAISSANCE”

Surveillance of group activities/infiltrating syndicate

“ROPING – UNDERCOVER OPERATION”

Surveillance of Person
“SHADOWING/TAILING”
 Instrument used in surveillance

Bait car Bugs

COVERT LISTENING DEVICES
Decoy vehicle
used to apprehend Combination of a tiny
radio transmitter and
offenders. microphone allowing one
party to monitor the
conversation of the other
party.
 Instrument used in surveillance

CCTV
CLOSED CIRCUIT TELEVISION
A security camera or visual
surveillance technology
placed in a strategic
location of an establishment
or place or dwellings
designed to monitor
movements and activities.
Eavesdropping
The use of electronic device to
intercept conversations or
messages without the consent of
the party or parties whose
conversation is being recorded.
 Instrument used in surveillance

Electronic tagging

Method of surveillance, usually employed by law enforcement and

military, where an electronic device is placed or attached to a person
or vehicle allowing the whereabouts of such person or vehicle to be
monitored using GPS (Global Positioning System) report and records
conversation of the subjects and the decoy.
 Forensic Science
 Forensic anthropology
The application of a  Forensic entomology
broad spectrum of  Forensic pathology
sciences used and  Forensic odontology
 Forensic ballistics
applied by law
 DNA/ genetic profiling
enforcement to  Forensic photography
investigate and detect  Forensic document analysis
crimes which is  Fingerprint identification
sometimes called  Forensic psychology
“criminalistics”  Forensic toxicology
 Computer forensic
 Forensic Science
Forensic Anthropology Forensic entomology
Examination of the skeletal remains to The study and examination
determine;
of insects in, on and around,
 Whether human or not
 Gender, approximate age, physical
found in decomposing
stature and racial affiliation human remains to assist in
 Approximate time and cause of legal investigations.
death,, identifying wounds or
illness.
 Forensic Science
Forensic pathology Forensic odontology
Deals with the structural Study on the
changes of the body caused uniqueness of
by disease or injury and dentition, examination,
determines the cause of handling and
death through the conduct of presentation of dental
AUTOPSY. evidence in a court of
law.
 Forensic Science
Forensic ballistics
Also known as FIREARM
IDENTIFICATION. Concern on the
analysis of firearm usage, type and
caliber of firearms fired, types of
ammunition, bombs and missiles or
any kind of projectiles, their motion
and impact, which are of great legal
interest.
Dna/ Genetic profiling
Technique used to
distinguish between
individuals of the same
species using samples of
their DNA.
 Forensic Science
Forensic photography
Referred as FORENSIC
IMAGING or CRIME SCENE
PHOTOGRAPHY.
The means used of preserving
the crime scene and evidences
found therein for further
analysis.
Forensic handwriting
also known as the
Forensic Document analysis
Study on the handwriting
and documents to
determine whether a
questioned handwriting or
document is genuine or not.
 Forensic Science
Forensic Dactyloscopy
It is also known as the
FINGERPRINT IDENTIFICATION
Involves on the analysis and
comparison of known and
questioned fingerprint to determine
if they came from same finger or
palm.
Forensic psychology
Application of psychological
principles in the assessment of a
person’s emotional, physical and
psychological capacity to
determine whether he/she is
mentally fit or not.
 Forensic Science
Forensic toxicology
The process of identifying
substance or toxic reaction
or poison or what type of
toxic is present or introduced
into the human body.
Computer Forensic
Process of analysis and
investigation of computer
crimes or determination
of whether or not a
computer or computer
system have been used
in illegal or unauthorized
activities.
Modern discoveries of instrumentation

GPS (Global Positioning System)

Helps in the positive identification of the location of criminal thru modern and special
gadgets

Hair Examination
New technique that will discover the use of drugs two years prior from the test
AFIS (Automatic Fingerprint Identification System)
Machine that will automatically search the files of fingerprints and renders report in
matters of seconds
DNA (Deoxyribonucleic ACID)
Discovered by ALEC Jeffrey
 Words to ponder
Entrapment Instigation
A normal and legal The process of some law
enforcers of inducing a
police technique used to
person to commit a crime
catch the culprit In as a means of trapping or
Flagrante Delicto. capturing of the latter.
The person instigated
cannot be held criminally
liable.
 Arrest / Investigation

Law
Community Enforcement
Filing of
COMPLAINT

Correction Prosecution

Court