Republic of the Philippines

EULOGIO “AMANG” RODRIGUEZ

INSTITUTE OF SCIENCE AND TECHNOLOGY
Cavite Campus
General Mariano Alvarez, Cavite

Subject: INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

Subject Code: CL1IPCJS
Topic: LAW ENFORCEMENT
Sub-Topics: Other Law Enforcement Agencies
Women’s Desk,IAS,PLEB
PNP rules of engagement
Arrest,Search and Seizure
Custodial Investigation
Reporters: JUDE JOSHUA B. TUTO
SHERWIN M. IDA
JESSAMAE L. CARRERA
JERICO E. DIOLA
MIGUEL B. LACOSTALES
CHRYSLER BRYLLE M. SANTOS
JAMES LOWELL M. RAFOLS
KIMRON KIM S. CUENO
Instructor: Mr. ALVIN T. REJUSO, RCrim, LPT

OTHER LAW ENFORCEMENT AGENCIES

1.BUREAU OF CORRECTIONS-The Bureau of Corrections(BuCor) is responsible for the custody

and rehabilitation of national offenders,those who have been sentenced to morethan three years in
prison.

2.BUREAU OF IMMIGRATION-The Commission on Immigration and Deportation was renamed

BUREAU OF IMMIGRATION,as most properly known today,in accordance with the Revised
Administrative Code of 1987.The Office of the Commissioners,the board of special Inquiry are the
three structural units that make up the Bureau under this code .These organizations function as
collegialbodies with quasi-judicial powers over foreign nationals’ entry and stay in the country.

3.NATIONAL BUREAU OF INVESTIGATION-The National Bureau of Investigation’s main goal is to

establish and maintain a modern,effective and efficient investigative servive and research agency in
order to fully implement the principal functions set fort in Republic Act No.157,as amended.

4.PAROLE AND PROBATION ADMINISTRATION-The Parole and Probation Administration (PPA)

provides a less epensive alternative to incarceration to offenders who are likely to respond to
individualized community-based treatment program.

5.PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT-The Presidential Commission on

Good Government will be tasked with assisting the president in the recovery of ill-gotten wealth
amassed by former President Ferdinand E. Marcos,his immediate family,relatives,subordinates,and
close associates,wether in the Philippines or abroad,including the takeover or sequestration of all
business enterprises and entities owned or controlled by them,directly through nominees,during his
administration.investigation of such graft and corruption cases as the president may assign to the
commission from time to time ;and adoption of safeguards to ensure that the above practices are not
repeated in any way under the new government,as well as the establishment of adequate measures
to prevent corruption.

6.PUBLIC ATTORNEY’S OFFICE-The oublic attorney’s office exist to provide indigent

ligitants,oppressed,marginalized,and underprivileged members of society with free acess to
courts,judicial,and qualesi-judicial agencies by providing legal services,counseling,and assistance in
accordance with the constitutional mandate that free access to courts shall not be denied to any to
any person due to poverty in order to ensure that the rule of law,truth,and social justice as
components of the country.

7.OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION -To encourage, develop, and expand the
use of alternative dispute resolution (ADR) in the private and public sectors; and to assist the
government in monitoring, studying, and evaluating the use of ADR by the public and private sectors,
and to recommend to Congress necessary statutory changes to develop, strengthen, and improve
ADR practices in accordance with international standards.

8.OFFICE OF THE GOVERNMENT CORPORATE COUNSEL-The Office of the Government

Corporate Counsel (OGCC) was established as a Government Counsel Division within the
Department of Justice on December 1, 1935. (DOJ). It has established itself as the leading law firm
representing government-owned and controlled corporations (GOCCs), their subsidiaries, other
corporate offspring, and government-acquired asset businesses.

9.OFFICE OF THE SOLICITOR GENERAL-The Office of the Solicitor General, an independent and
autonomous office attached to the Department of Justice for budgetary purposes, is the legal
representative of the Republic of the Philippines, its agencies and instrumentalities, and its officials
and agents in any litigation, proceeding, investigation, or matter requiring the services of a lawyer
before local court systems or international fora.

10.LAND REGISTRATION AUTHORITY-The Land Registration Authority is charged with issuing

registration decrees and certificates of titles, as well as registering documents, patents, and other
land transactions for the benefit of landowners, Agrarian Reform beneficiaries, and the general public;
and providing a secure, stable, and trustworthy record of land ownership and recorded interests in
order to promote social and economic well-being and contribute to national development.

WOMEN’S DESK

The women and children prosecution desk was established by statute to handle cases involving
crimes against chastity, sexual harassment, abuse against women and children, and other related
offenses. For this reason .R.A No.8551 provides that the PNP shall reserve 10% of its annual
recruitment, training and education quota for women.

The goal of the desk is to provide a space for consultation and coordination among the various
local organization.it provides information and directing them to the appropriate local services in the
event of legal,health,or other concerns.

What Law Created Women’s desk?

Republic Act 9262: Anti-Violence against Women and their Children Act of 2004

(a) Violence against Women and their children refers to any act of series committed by any
person against a woman who is his wife, former wife, or relationship, or against a woman with
who the person has or had a sexual dating relationship, or illegitimate, within or without the
family adobe, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited o the following acts;

A. Physical Violence refers to acts that include bodily or physical harm.

B. Sexual Violence refers to an act which is sexual in nature. Committed against a woman or
her child. It includes but is not limited to.

a). Rape, sexual harassment, act of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexuality suggestive remarks. physical attacking the sexual
parts of the victim’s body, forcing him/her to watch publications incident shows or forcing
the woman or her child to do incident acts and/pr make film therefore forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same room with the
abuser.

b). Acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat, physical or other harm or threat of physical or other harm or coercion:

c). Prostituting the woman or child.

C. Psychological Violence refers to acts omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment , stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and marital, infidelity. It includes
causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of
the family to which the victim belongs, or to witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of
common children.

D. Economic abuse refers o acts that make or attempt to make a woman financially dependent
which includes, but is not limited to the following:

1. Withdrawal of financial support or preventing the victim from engagingin any legitimate profession,
occupation, business or activity, except in cases whrein the other spouse/ partner objects on valid,
serious and moral grounds as defined in Article 73 of the Family Code

2. Deprivation or threat or deprivation of financial resources and the rightto the use and enjoyment of
the conjugal, community or property owned in common.

3. Destroying household property.

4.Controlling the victims own money or properties or solely controlling the conjugal money or
properties.
The crime of violence against women and their children is committed through any of the
following

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical form

INTERNALAFFAIRS SERVICE (IAS)

An integral but autonomous unit within the Philippine National Police(PNP)was tasked with
investigating police misconduct and instilling discipline among the force”s men and women.both
uniformed and non-uniiformed personnel make up the service.

What Law creates the Internal Affairs Service?

Republic Act (RA) 8551 otherwise known as " The PNP Reform and Reorganization Act of 1998"

What is IAS desk?

The Internal Affairs Service (IAS) of the Philippine National Police (PNP) will establish a complaints
desk in the different substations for the immediate action on complaints against erring cops.

Powers & Functions

Exercise administrative control and operational supervision over the Philippine National Police (PNP)
which shall mean the power to:

Develop policies and promulgate a police manual prescribing rules and regulations for efficient
organization, administration, and operation, including criteria for manpower allocation distribution and
deployment, recruitment, selection, promotion, and retirement of personnel and the conduct of
qualifying entrance and promotional examinations for uniformed members;

Examine and audit, and thereafter establish the standards for such purposes on a continuing basis,
the performance, activities, and facilities of all police agencies throughout the country;

Establish a system of uniform crime reporting;

Conduct an annual self-report survey and compile statistical data for the accurate assessment of the
crime situation and the proper evaluation of the efficiency and effectiveness of all police units in the
country;

Approve or modify plans and programs on education and training, logistical requirements,
communications, records, information systems, crime laboratory, crime prevention and crime
reporting;
Affirm, reverse or modify, through the National Appellate Board, personnel disciplinary actions
involving demotion or dismissal from the service imposed upon members of the Philippine National
Police by the Chief of the Philippine National Police;

Exercise appellate jurisdiction through the Regional Appellate Boards, over administrative cases
against policemen and over decisions on claims for police benefits;

Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the
Philippine Heraldry Commission, for insignia of ranks, awards, and medals of honor. Within ninety
(90) days from the effectivity of this Act, the standards of the uniformed personnel of the PNP must be
revised which should be clearly distinct from the military and reflective of the civilian character of the
police;

Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its own powers
and duties, and designate who among its personnel can issue such processes and administer oaths
in connection therewith;

Inspect and assess the compliance of the PNP on the established criteria for manpower allocation,
distribution, and deployment and their impact on the community and the crime situation, and
thereafter formulate appropriate guidelines for maximization of resources and effective utilization of
the PNP personnel;

PEOPLE’S LAW ENFORCEMENT BOARD(PLEB)

The people ‘s Law Enforcement Board(PLEB) is a legal check and balance mechanism against bad
cops.it is the central receiving entity for citizen complaints against any uniformed member of the
Philippine National Police,as established by republic act no.8551.(PNP).

Functions, Power and Duties

The PLEB has the power to hear and decide citizens' complaints formally filed with, or referred to it,
against any uniformed member of the PNP. Unlike other cases filed with the regular courts, the PLEB
decides each case SUMMARILY.

How to request People Law Enforcement Board clearance

If you are a police officer who wants to request for a PLEB Clearance, you may send an email
request containing the name of the requesting party, name and rank of the police officer, place of
assignment, and the purpose of the request. The scanned ID of the police is required.

PNP RULES OF ENGAGEMENT

A common term used to denote a set of procedures on how to execute a certain operations.
Special rules of Engagement on Arrest

1. All arrest shall be effected pursuant of Rule 113 of the Rules on Criminal Procedure, as on
bail.
2. Warrant of arrest shall remain effective until the accused/respondent is arrested or the case
against him is terminated. It shall cease to be effective upon release of the accused on bail.
3. If the accused/respondent is not arrested within 10 days from receipt of the warrant of arrest by
the Office, unit or station concern thru the service thereof, shall be submitted to the Court of
origin within 10 days following expiration the of the original 10 day validity. In this case, only a
Xerox copy of the warrant shall be attached to the report and the originals shall be retained by
the office, unit or station whom it was delivered or execution. The unexecuted original copy of
the warrant maybe Xeroxed and furnished other law enforcement agencies in the area where
the accused/respondent maybe found.
4. A peace officer or a private person may arrest person without warrant when, in his presence,
the person to be arrest has committed,is actually committing or is attempting to commit a
offense; or he has a personal knowledge of the facts indicating that the person to be arrested
had committed when the person to be arrested is a prisoner who has escaped from a penal
establishment or a place or he is serving final judgement or temporarily confined while his case
is pending or escaped while being transferred from one confinement to another.
5. In all instances of arrest the arresting peace officer or private person shall inform the person to
be arrested of the intention to arrest him and cause for the arrest unless the person to be
arrested is then engaged the commission of an offense or is pursued immediately after it’s
commission or after an escaped
6. In the case of motorized suspect to be arrested, the siren/megaphone shall be use to warn the
occupants to park their vehicle and give up peacefully..

Police operational procedure- the rules of engagement of the PNP o perform their duty in the
accordance with what the Philippine constitution so prescribed in general and the human rights in
particular.

ARREST,SEARCH AND SEIZURE

What is an arrest?

>Arrest is the actual restrain of the person to be arrested or by his submission to thr custody of the
person making the arrest.no violence or unnecessary force shall be used in making an arrest,and the
person to be arrested shall not be subjected to any greater restrain than is necessary for detention.

All arrest should be made only in the basis of a valid Warrant of arrest issued by a competent
authority,except in cases specified under the doctrine of citizen’s arrest(sec.5,Rule113.rules on
criminal procedure)

Time of arrest

>As ageneral rule,arrest may be made on any day at any time of the day and night.
Validity of warrant of arrest

• No expiry date
• However,sec 4 of rule 113 requires the head of the office who applied for the warrant to
execute the same within 10 days from the exoiration of the first 10 day period,a report to the
judge who issued the warrant..
• Until it served or lifted by the court

Mode of arrest

• Arrested by virtue of warrant of arrest

• Arrest without warrant/citizens arrest.

What is search and seizure?

>Search is an examination of aman’s house,buildings or other premises,or of his person,with a

view of some evidence of guilt to be used in the prosecution of a criminal action for some
offenses with which he is charged while seizure is a physical taking of things in costudy.

Search Warrant- it is legal basis to conduct a search,an order writing issued in the officer
,commanding him to search for any property described therein and bring it before the court..

Validity of search warrant

it shall be valid for ten (10) days from its date..thereafter,it shall be void.

Requisites for issuance of search warrant

Shall be issued only upon probable cause.

The following are the hings to be seized:

• Properties which are the subject of the offense;

• Stolen,embezzled proceeds,or fruits of the offense;
• Objects including weapons,equipment,and other items intend to be used as the means of
committing offense.
• Objects that are illegal per se plain view.