COURSE TITLE : Criminal Investigation Course

MODULE : Module 1 – General Subjects

TRAINING GOAL :
This module aims to enhance the knowledge and skills of participants by
defining their duties and responsibilities, understanding how the PNP works within the
Criminal Justice System, making use of the information and communication technology
and enhance appreciation of the importance of the media and community in
investigation. Inculcate proper attitude and values are necessary in attaining the
organization’s goal to increase crime solution and conviction.

TRAINING OBJECTIVES:
By the end of the course, the participants will be able to:
1. Enhance their understanding on how the five pillars of the Criminal Justice
System (CJS) works separately and independently, identify and address the issues and
challenges encompassing the whole system and define the role of the PNP as the first
pillar of the CJS;
2. Familiarize them of the various NAPOLCOM and PNP issuances that will
guide their attitudes and actions as they perform their duties;
3. Know the Human Rights issuances and concerns relating to criminal
investigations;
4. Gain an understanding of the tasks, procedures, and priorities that need to
be considered by the First Responder and Investigator in responding to a crime scene
and their inter-relationship as to where the authority of one ends and the authority of the
other begins;
5. Appreciate the use and importance of Information and Communication
Technology (ICT) and electronic devices as evidence in the solution of the crime and
learn the proper procedure on computer/cyber crime processing and e-mail tracing;
6. Know how to deal with media personnel without compromising the whole
process of investigation;
7. Develop clear understanding of the international standards of police ethics,
the relationship between ethical behavior and effective police service;
8. Appreciate the PNP core values and its practical principle in attaining the
organization’s goal to serve and protect lives and properties by understanding the
PNP’s core values in adherence to the PNP’s philosophy of honor, justice and service;
9. Recognize and identify sources of stress and how to manage stress by taking
charge of the way they deal with their problems with an ultimate goal of a balanced life
with resilience to hold up under pressure and meet challenges head on; and
10. Know and understand the fundamentals of Criminal Investigation and its
importance to police work.

MODULE 1 - GENERAL SUBJECTS (40 Hrs)

A. Criminal Justice System (4 hrs)
1. Criminal Justice System defined
2. Major components of the CJS and how each component operates in the
System?
3..Multi-Disciplinary Approach to Crime Solution (Barangay Justice System)
4.Issues and Challenges
B. PNP Administrative Machinery (6 hrs)
1. PNP Disciplinary Law and Order
2. NAPOLCOM Memo Circular Issuances on Police Discipline
C. Human Rights Issues in Investigation with Case Analysis (6hrs)
1. Guidelines and Policies of PNP on Human Rights (Rights-based
Policing)
2. Rights of the Persons Arrested, Detained and under Custodial
Investigation (RA 7483)
3. Anti-torture Law (RA 9745)
4. International Humanitarian Law (RA 9851) Law on Armed Conflict
5. Legal and Regulatory Framework (Case Analysis/Studies)
D. The First Responder, Investigator and SOCO (2 hrs)
1.. Definition of important terms
2. Role of the First responder, investigator and SOCO
E. Use of Information and Communication Technology in Investigation (4 hrs)
1. Computer Crime Investigation
2. Importance of the Use of Electronic Devices and Cell Phones
3. Cyber Crimes Processing
4. E-mail Tracing
5. Computer Forensic
F. Media Management in Criminal Investigation (2 hrs)
1. Media Policy Guidelines (Do’s and Don’ts)
2. Press Releases and Calls
3. Handling the Media
4. How to Utilize the Media in Investigation
5. Proper Decorum
6. Media Relations in Times of Crisis Situations
G. Police Ethics in Investigation with Case Analysis (4 hrs)
1. RA 6713 – Code of Ethical Standard of Government Officials and
Employees
2. PNP Code of Ethical Standard, Courtesy and Disciplines
3. PNP Protocol and Social Amenities
H. PNP Spiritual and Values Formation (2 hrs)
1. PNP Core Values
2. Concept of man as a social being?
3. Core Values in relationship with Myself, Others and environment
4. Core values in Adherence to the PNP’s Philosophy and its Application
to life
5. Essence of Human Character, Respect and Commitment
I. Stress Management (2 hrs)
1. Definition of Stress and Stress Management
2. Causes of Stress
3. Effects of Stress
4. Strategies in Coping with Stress
J. Introduction to Criminal Investigation (8 hrs)
1. Fundamentals in Investigation
2. Function of Investigation
3. Importance of Investigation
4. Types of Criminal Investigation
5. Police Operation Distinguished from Criminal Investigation
6. Tools of Investigation
7. Responsibilities and Characteristics
 LESSON PLAN

TITLE: Criminal Justice System

COURSE: Criminal Investigation Course

MODULE: 1 (General Subjects)

LESSON PLAN: 1

TARGET AUDIENCE: Investigators and personnel assigned in

Investigation Offices/Units preferably
with the rank of PO1-PO3

DATE AND VENUE: As scheduled

TIME ALLOCATED: 4 Hours

LEARNING AIDS REQUIRED: Multi-media projector, multi-media screen,

Laptop, white board and marker.

PARTICIPANTS EQUIPMENT REQUIRED: Notebook and ball pen

TRAINING REFERENCES USED:

INTRODUCTION:
Crime is a multi-faceted social problem. Addressing this problem undergoes a
process where the community and government works together to address the problem
in law. The Criminal Justice System is the practices and institutions of government
directed at upholding social control, deterring and mitigating crime and sanctioning
those who violates laws with criminal penalties and rehabilitation efforts.
Since this a community pillar activity, it is significant to share the prevailing
notions that guide the thinking of the people regarding the workings of CJS.

LEARNING GOAL:
This lesson aims to inform the participants how the five component of CJS works
separately and independently according to their mandated functions. This will also
induce their awareness of their role as police officers in crime solution and prevention.

LEARNING OBJECTIVES:
At the end of the session, participants will be able to:
1. Define the Criminal Justice System;
2. Enumerate the five major components of the CJS and how each component
operates in the System;
3. Multi-Disciplinary Approach to Crime Solution (Barangay Justice System)
4. Understand the importance of coordination among the five pillars of the CJS.

SESSIONS:

1. Definition of the Criminal Justice System

The Criminal Justice System (CJS) is the machinery which society uses in the
prevention and control of crime. The process is the totality of the activities of law
enforcers, prosecutors, defense lawyers, judges and corrections personnel, as well as
those of the mobilized community in crime prevention and control.
The System works in order to prevent and control the commission of crime,
enforcement of the law, safeguard lives, individual rights, and properties, investigate,
apprehend, prosecute and sentence those who violated the rules of society and
rehabilitate the convicts and reintegrate them into the community as law-abiding
citizens.

2. Components of the Criminal Justice System

a. Law Enforcement
b. Prosecution
c. Courts
d. Corrections
e. Mobilized Community

The government is responsible for providing the mechanism for enforcing laws.
This mechanism is the five pillars of the criminal justice system. The judiciary provides
for the settlement of conflicts and legal remedies, law enforcement agencies enforce
laws, rules and regulations. The 1987 Constitution enunciates the role of the state as
follows;
“The Prime duty of the government is to serve and protect the people.”
“The maintenance of peace and order, the protection of life, liberty and property,
and the promotion of the general welfare are essential for the enjoyment by all the
people of the blessings of democracy”

THE ROLE OF CRIMINAL JUSTICE SYSTEM

The Criminal Justice system is the machinery used by the Philippine society to
prevent and control crime (Feliciano & Muyot, The Philippine Criminal Justice System:
2000). It is comprised by the police and various law enforcement agencies; the National
Prosecution Service and the Public and private lawyers; the Judiciary: the corrections
system; and the community. The system comprises the social control mechanism of the
country and performs four core functions:
a) Prevent the commission of crime and protect life, individual rights and
property of citizens;
b) Enforce the law and remove dangerous persons from the community;
c) Investigate, apprehend, prosecute and sentence those who cannot be
deterred from violating the rules of society; and
d) Rehabilitate offenders, and return them to the community as law abiding
citizens.
The first four pillars, i.e., law enforcement, prosecution, courts, and corrections,
pertain to the traditional agencies vested with the official responsibility in dealing with
crime or in crime control. The community pillar is the most broad-based. Under the
concept of a participative criminal justice system in the Philippines, public and private
agencies, as well as citizens, become a part of the CJS when they become involved in
issues and participate in activities related to crime prevention and control.

a. Law Enforcement Pillar

The first pillar is responsible for the prevention of the commission of crime,
the protection of the life, liberty and property, and in generally maintaining community
peace and order. This is primarily undertaken by the Philippine National Police (PNP)
and the National Bureau of Investigation. There are other government agencies, such
as the Bureau of Immigration and Internal Revenue, which are also mandated to
enforce specific laws.
The work of the PNP is the prevention and control of crimes, enforcement of
laws and effect the arrest of offenders, including the conduct of lawful searches and
seizures to gather necessary evidence so that a complaint may be filed to the
Prosecutor's Office.

b. Prosecution Pillar
Prosecution pillar, which is the responsibility of the National Prosecution
Service (NPS) of the Department of Justice (DOJ), NPS Prosecute cases filed in the
court against alleged offenders, after probable cause has been established through
evaluation. It takes care of the investigation of the complaint.
In the rural areas, the PNP may file the complaint with the inferior courts (i.e.,
the Municipal Trial Courts or the Municipal Circuit Trial Courts). The judges of these
inferior courts act as quasi-prosecutors only for the purpose of the preliminary
investigation. Once a prima facie case has been determined, the complaint is forwarded
to the City or Provincial Prosecutor's Office which will review the case. When the
complaint has been approved for filing with the Regional Trial Court, a warrant of arrest
for the accused will be issued by the court once the information has been filed.

c. Courts Pillar
The third pillar of the CJS is the forum where the prosecution is given the
opportunity to prove that there is a strong evidence of guilt against the accused. It is
also in the courts that the accused is given his "day in court" to disprove the accusation
against him.

The Constitutional presumption is the innocence of any person accused of a

crime unless proved otherwise. This means that the courts must determine the guilt of
the accused - beyond reasonable doubt -- based on the strength of the evidence of the
prosecution. If there is any reasonable doubt that the accused committed the crime, he
has to be acquitted. The Rules of Court, however, provides that the accused can be
convicted of a lesser crime than the crime he has been charged with in the information.
But the elements of the lesser offense should be necessarily included in the offense
charged, and such lesser crime, was proven by competent evidence.

d. Corrections Pillar
The correction pillar administers the prison and jail systems through
corrective, rehabilitative and restorative measures. It also administers death penalty to
offenders who are found guilty of committing heinous crimes. The Bureau of
Corrections, Parole and Probation Administration, Board of Pardons and Parole, Bureau
of Jail Management and Penology, Department of Social Welfare and Development and
the local government units are involved in this pillar.
The fourth pillar takes over once the accused, after having been found guilty,
is meted out the penalty for the crime he committed. He can apply for probation or he
could be turned over to a non-institutional or institutional agency or facility for custodial
treatment and rehabilitation. The offender could avail of the benefits of parole or
executive clemency once he has served the minimum period of his sentence. When the
penalty is imprisonment, the sentence is carried out either in the municipal, provincial or
national penitentiary Depending on the length of the sentence meted out.

e. Community Pillar
Community Pillar collectively imposes limitations on individual behaviour of
citizens for the common good of civilized and democratic society. The community pillars
comprise of the citizenry as a whole and the various non-government organization, civil
society groups, people’s organizations, academe, religious organizations and other civic
organizations that represent citizen interest and causes.
The fifth pillar has a two-fold role. First, it has the responsibility to participate
in law Enforcement activities by being partners of the peace Officers in reporting the
crime incident, and helping in the arrest of the offender. Second, it has the responsibility
to participate in the promotion of peace and order through crime prevention or
deterrence and in the rehabilitation of convicts and their reintegration to society.
Rehabilitation takes place when the convict is serving his sentence. A convict may be
paroled or may even be placed on probation. Under the concept of a participative
criminal justice system in the Philippines, public and private agencies as well as
citizens, become part of the CJS when they participate and become involved with
issues and activities related to crime prevention. Thus, citizen based crime groups
becomes part of the CJS within the framework of their involvement in crime prevention
activities and in the integration of the convict who shall be released from the corrections
pillar into the mainstream of society.

3. Barangay Justice System

Katarungang Pambarangay is in force by virtue of PD 1508 as amended by RA
7610. It provides for the creation of lupon tagapamayapa who shall exercise
administrative supervision of amicable settlement of all disputes covered by the
katarungang pambarangay law. In principle, Katarungang Pambarangay is an informal
part of the Court because there are complaints either civil or criminal which requires to
undergo the process of reconciliation. The creation of Katarungang Pambarangay aims
to provide speedy resolution of court dockets through conciliation, mediation, and
arbitration to avoid mockery in the dispensation of justice in court.

It’s Significance to Criminal Investigation

Before a complaint is referred to the prosecutor’s office he has to exert diligence
to ferret out the truth regarding a controversy. In as much as he wants to help the victim,
he must also protect the innocent from the rigors of trials. A police investigator should
determine what court has jurisdiction over the case. When the case is punishable by
less than 6 years imprisonment, it is within jurisdiction of MTC or MCTC, if otherwise it
falls within the jurisdiction of RTC,
The police investigator may refer all cases to the lupon tagapamayapa to bring
together the parties actually residing in the same city or municipality for amicable
settlement of all disputes except:
a. When one party is the government or any subdivision or instrumentality
thereof;
b. When one party is a public officer or employees, and the disputes relates to
the performance of official functions;
c. Offenses punishable by imprisonment exceeding 1 year or a fine not
exceeding Five Thousand (P 5,000) pesos;
d. Offenses where there is no private offended party;
e. Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their difference to
amicable settlement by an appropriate lupon;
f. Disputes involving parties who actually resides in barangay of different cities
and municipalities except where such barangay units adjoins each other and
the parties thereto agree to submit their differences to amicable settlement by
an appropriate lupon or; and
g. Such other classes of disputes which the President may, in the interest of
justice, determine upon the recommendation of the Secretary of Justice and
Secretary of Interior and Local Government.
 CONCILIATION
a. Pre-condition to filing of complaint in court.- No complaint, petition, action or
proceeding involving any matter within the authority of the lupon shall be filed
or instituted directly in court or any other government office for adjudication,
unless there has been a confrontation between the parties before the lupon
chairman or the pangkat, and that no conciliation or settlement has been
reached as certified by the lupon secretary or pangkat secretary as attested
by the lupon chairman or pangkat chairman or unless the settlement has
been repudiated by the parties thereof.

b. Where parties may go directly to court.

The parties may go directly to court in the following instances:
1) Where the accused is under detention;
2) Where a person has otherwise been deprived of personal liberty calling
for habeas corpus proceedings.
3) Where actions are coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property and support pendent
life; and
4) Where the action is barred by the statute of limitation.

OTHER CASES COGNIZABLE BY KATARUNGANG PAMBARANGAY

 Light felonies
 Violation of rental law
 Cases of RA 9344 when the offence is punishable by not more than 6 years
and the child is above 15 years (15 yo and 1 day) old but below 18 years old
acted without discernment and if the child is below 15 years old.
 Cases of RA 9262. For application of barangay protection order only.

4. How important is coordination among the five pillars?

It should be evident that the Philippine CJS is not just the agencies charged with
law enforcement; not just the prosecution—arm of the government; nor just the courts;
nor just the correctional system, nor just the community. The CJS is all of these pillars
considered working collectively and in coordination with one another. Each pillar should
and must perform its role otherwise the system would not work. These pillars are inter-
related and connected with each other, hence, coordination is essential and imperative
in bringing justice in the community.

SUMMARY
The participants have learned the definition of the Criminal Justice System,
known the five components of the CJS which are the following: 1) law enforcement, 2)
prosecution, 3) court, 4) correction and 5) community. These pillars have to work
collectively and coordination among the five pillars of the CJS is important and
imperative for the system to work. The participants likewise, have learned the Barangay
Justice System which is also a primordial concern of investigators.
The Supreme Court of the Philippines describe the criminal justice system as
“the system or process in the community by which crimes are investigated, and the
persons suspected thereof are taken into custody prosecuted in court and punished if
found guilty, provisions being made for their correction and rehabilitation.” We have to
recognize the mutual reinforcement relationship among the five pillars of the criminal
justice system. The relationship may be described as multi-dimensional, which means
each pillar relates to every other pillar in promoting the rule of law.