CJURIS 1

(Introduction to Philippine Criminal Justice

System)
1st Semester, A.Y. 2023-2024
Course Title: Introduction to Philippine Criminal Justice System
Course Code: CJURIS 1
No. of Units: 3
Course Description: This course presents the different five (5) Pillars in the Philippine
Criminal Justice System, their components, functions and processes. COURSE

REQUIREMENTS AND EVALUATION CRITERIA

As per standard grading system, thoroughly discussed during orientation meeting;
Term Grading:
a. Class Standing (CS) 60%
- Quizzes/Activities - 25%
- Recitation - 15%
- Attendance - 10%
b. Assignments - 10%

c. Periodical Examination - 40%

TOTAL 100%
Passing Mark:
The passing grade for Midterm and Final is 75% or 3.0
A. Final Grade: Tentative Final Grade (x 2) + Midterm Grade/3
Aside from academic deficiency, other grounds for a failing grade are:
1. Grave misconduct and/or cheating during examinations.
2. Unexcused absences of more than 20% of required number of meetings per term.
3. A failing academic standing and failure to take graded exams
Course Outcome Learning Unit/Topic
Understand the different Basic Concepts of WEEK 1
Criminal Justice System.
Introduction to Criminal Justice System
a. Definition of Criminal Justice system
b. Nature and scope of Criminal Justice System
c. Goals of Criminal Justice System

WEEK 2
Law Enforcement: First Pillar
Understand, differentiate and identify the a. Law enforcement in relation to CJS
Pillars of the Criminal Justice System b. Law enforcement process
c. Arrest
d. How arrest is made?
e. Warrant of arrest and warrant-less arrest.

WEEK 3
f. Historical background of Philippine policing
g. Important personalities in the history of police
service
h. Role of Police in CJS.

WEEK 4
i. The Philippine National Police
j. The National Bureau of Investigation
k. Government Law Enforcement Agencies

WEEK 5
l. Crime Detection in relation to the Administration of
Justice
m. Criminal Investigation
n. Arrest, Warrant of Arrest

Explain, understand, and identify the nature of WEEK 6

the prosecution pillar. Prosecution: Second Pillar
a. Definition of Prosecution
b. Three (3) Main Functions of Prosecution Pillar

WEEK 7
c. Composition of the National Prosecution Service.
(NPS)
d. Composition of the Public Prosecutors.
e. Duties of the Provincial or City Prosecutor.

WEEK 8
f. How Criminal action is instituted?
g. Complain and Information
h. Preliminary Investigation
i. Inquest Proceeding
j. Preliminary Examination

Week 9 – Midterm Examination

Discuss the different concept of the court Pillar
of the Philippine Criminal Justice System. WEEK 10
Court: Third Pillar
a. The Court as the 3rd Pillar
b. Jurisdiction of the four levels court system in the
Philippines.
c. Organization of Courts
d. The Sandiganbayan
e. The court of tax appeals

WEEK 11
f. Duration of Penalties
g. Katarungang Pambarangay
h. Jurisdiction and Venue, distinguished

WEEK 12
i. Court Proceedings: Bail

WEEK 13
j. Court Proceedings: Arraignment
k. Court Proceedings: Motion to Quash
l. Court Proceedings: Pre-Trial
m. Court Proceedings: Trial

WEEK 14
n. Court Proceedings: Judgement
o. Court Proceedings: Motion for New trial or
reconsideration
Court Proceedings: Appeal
Explain and Demonstrate the Functions, classes
of the Correction Pillar and its organizational WEEK 15 & 16
structure. Correction: Forth Pillar
 WEEK 1 - Introduction to Criminal Justice System

Learning Objectives: At the end of this lesson you should be able to:
1. Appreciate the Concept of the Philippine Criminal Justice System.
2. Understand the Different Goals and Purpose of the Criminal Justice System.

Criminal Justice System defined –

 Criminal Justice System (CJS) is the machinery used by the society to prevent and control
crime. It is the tool of a democratic government to protect the people against criminality
and other peace and order problems.
 In theory, CJS is an integrated process primarily concerned with apprehension,
prosecution, trial, adjudication, and correction of criminal offenders.
 CJS is a legal process of linking the law enforcement, prosecution, courts, corrections, and
community to have an integrated scheme of investigating and preventing crimes with the
ultimate purpose of promoting justice.
Justice defined –
1. Justice is “rendering what is due or merited and that which is due or merited.”
2. According to Mortimer J. Adler, there are two principles of justice:
a) Render to each his due.
b) Treat equals equally and unequal
c) unequally but in proportion to their inequality.
3. Justice, according to the Supreme Court of the Philippines, is symbolically represented by a
blindfolded woman, holding with one hand a sword and with the other a balance.

A. NATURE AND SCOPE OF CJS

 In the Philippine setting, there are five major components of the CJS. These are also known as the
five pillars of CJS. Law Enforcement –Prosecution –Courts –Corrections – Community

Generally speaking, the following are the functions of the five components of the CJS:
1. To prevent and control the commission of crime
2. To enforce the law
3. To safeguard lives, individual rights, and properties of the people
4. To detect, investigate, apprehend, prosecute, and punish those who violate the law
5. To rehabilitate the convicted criminal offenders and reintegrate them into the community as law-
abiding citizens

CJS operates by linking the police, prosecuting agencies, courts, correctional institutions, and the
mobilized community to form an operational cycle designed to promote justice for criminal victims as
well as those who are accused and convicted of crimes.

The first four pillars - law enforcement, prosecution, courts, and corrections - pertain to the
government agencies vested with official responsibility in dealing with crime prevention and control.
The community pillar has the broadest jurisdiction. Under the concept of the participative criminal
justice system in the Philippines, government agencies, agencies in the private sector, non-
government organizations, and ordinary citizens, become a part of the CJS upon involvement in
issues and activities related to crime prevention and control.

Goals of criminal justice

1. To protect individuals and society
2. To reduce crime by bringing offenders to justice
3. To increase the security of the people

Criminal Justice consist of three main parts

1. Legislative –create laws
2. Courts adjudication
3. Correction –jail, prison, probation and parole

Participation of criminal justice system

1. Police –first contact of offenders since they investigate wrongdoing and make arrest
2. Prosecution –proves the guilt or innocence of wrongdoers
3. Court –venue where disputes are settled and justice is administered
4. Correction –after accused is found guilty, he is put to jail or prison to be reformed
5. Community –where the convict after service of sentence comes back to be integrated to be a
productive member of society

Community Policing
  The system of allocating officers to a particular area so that they become familiar with the local
inhabitants

WEEK 2 - LAW ENFORCEMENT IN RELATION TO CJS

Learning Objectives: At the end of this lesson you should be able to:
1. Understand the first pillar of the criminal justice system.
2. Differentiate the instances of warrant of arrest and warrant of arrest.
3. Appreciate the history of Policing and their powers and functions.
Recognized the History of the Law enforcement.

LAW ENFORCEMENT IN RELATION TO CJS

 The Law Enforcement as the first pillar is considered to be the “forefront”, “initiator”, “prime
mover” or “gate keeper” of the Criminal Justice System. It is considered as the “initiator of the
actions” that other pillars must act upon to attain its goal or objective.
Examples of police initiating action:
1. Effecting an arrest
2. Surveillance
3. Crime investigation
The general function of the Law Enforcement in relation to the administration of the CJS.
a) Crime Prevention
b) Arrest or Criminal Apprehension
c) Criminal Investigation
d) Order Maintenance
e) Public Service
f) Traffic regulation and motor accident investigation
LAW ENFROCEMENT PROCESS
 The law enforcement consists of the officers and men of the Philippine National Police (PNP) the
National Bureau of investigation (NBI) and other agencies, when they learn of the commission of
crimes or discover them their duty is to
a) Investigate the crime which may take the form of surveillance and observation of suspects, other
persons and premises interviewing persons with knowledge of facts directly or indirectly
connected with the offense taking photographs arranging for entrapment, searching premises and
persons subject to constitutional and statutory safeguards and examining public and other
available records pertaining to the person involved and getting copies of pertinent entries

The police officers, in other words, collect evidence for use in the prosecution of the suspect in the
court. this may consist of the testimony of witnesses, including invited suspects, which are invariably
taken down in question-and-answer form writing and objects, e.g., gun, knife, other weapons used in
the commission of the crime, clothing of the victim etc.
b) Arrest suspects by virtue of a warrant of arrest issued by a judge on the basis of evidence
submitted by them or under circumstances justifying a warrantee’s arrest

Arrest – defined.
Arrest is the taking of a person into custody in order that he may be bound to answer for the commission
of an offense.

Arrest; how made. — 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.

Duty of arresting officer. — It shall be the duty of the officer executing the warrant to arrest the accused
and to deliver him to the nearest police station or jail without unnecessary delay.

Execution of warrant. — 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 warrant. In case of his failure to execute the warrant, he shall state the reasons therefor.

Time of making arrest. — An arrest may be made on any day and at any time of the day or night.
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 of 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.

Warrant of Arrest - Legal process issued by a competent authority, directing the arrest of a person or
persons upon grounds stated therein.

Enhanced E-warrant System - The Enhanced e-Warrant System is set to operate as an online database of
warrants of arrest, providing real-time updates on the status of warrants and specific actions taken by law
enforcement agencies.
Process: After the court finds probable cause to issue a warrant, details will be encoded to and generated
by the Enhanced e-Warrant system; data of which will be instantaneously transmitted to the police station
that holds jurisdiction over the accused and where the complaint was filed.
Police would then have 1-0 days to provide feedback on whether they were able to serve e-Warrant or not,
and the reasons therefore.

The instances when an arrest without warrant may be lawfully affected by a peace officer or a
private person are as follows:
1. When in his presence, the person to be arrested has committed, is actually committing or is
attempting to commit an offense AKA In flagrante delicto
2. When an offense has in fact just been committed, and he has personal knowledge of facts
indicating that the person to be arrested has committed it. AKA Doctrine of Hot Pursuit Arrest
3. 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 temporarily confined while his case is pending or has
escaped while being transferred from one place of confinement to another

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 so to inform him, or when the giving of such
information will imperil the arrest.

Method of arrest by private person. — When making an arrest, a private person shall inform the person to
be arrested of the intention to arrest him and cause of the arrest, unless the latter is either engaged in the
commission of an offense, is pursued immediately after its commission, or has escaped, flees, or forcibly
resists before the person making the arrest has opportunity to so inform him, or when the giving of such
information will imperil the arrest.

Any person who while in custody or otherwise deprived of liberty –is under investigation for the
commission of an offense has the following constitutional rights among others.
1. He must be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice, if the person cannot afford the services of counsel. he must be
provided with one. these rights cannot be waived except in writing and in the presence of counsel
2. No torture, force, violence, threat, intimidation or any other means which vitiate the free will
shall be used against him, secret detention places, solitary, in communicado or other similar forms
of detention are prohibited and
3. Any confession or admission obtained in violation of the foregoing shall be inadmissible in
evidence against him

c) Refer the case and the suspects to the office of the public prosecutor or Municipal trial court for
preliminary investigation or directly to the municipal trial court for trial and judgment .

WEEK 3 HISTORICAL BACGROUND OF PHILIPPINE POLICING

Learning Objectives: At the end of this lesson you should be able to:
1. Recognize the History of the Law enforcement.

HISTORICAL BACGROUND OF PHILIPPINE POLICING

Pre- Spanish regime
 A headman or tribe leader mandates all male resident in the village to protects their crops from
wild animal.

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

CARABINEROS de SUGIRIRDAD 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. Later, they discharged the
duties of a port, harbor, and river police.

GUARDRILLERO
 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. It relieved the Spanish Peninsular Troops of their works in
policing towns
 It consisted of a body of Filipino policemen organized originally in each of the provincial capitals
of the central provinces of Luzon under the command of Alcalde (Governor).

DURING THE JAPANESE OCCUPATION WHAT POLICE FORCE WAS ORGANIZED ?

KEMPETAI
 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 on February 7, 1945.

MANILA POLICE DEPARTMENT

 The Manila Police Department, which was created during the first American occupation, was
renamed into Metropolitan Constabulary under the Bureau of Constabulary.
POLICE FORCES DURING THE AMERICAN OCCUPATION OF THE PHILIPPINES

INSULAR POLICE FORCE

 was established on November 30, 1890 during the Filipino-American war (1898-1901) upon the
recommendation of the Philippine Commission to the Secretary of War.

INSULAR CONSTABULARY
 INSULAR CONSTABULARY was created on July 18, 1901 by virtue of Act Nr. 175 titled as
“An Act Providing for the Organization and Government of an Insular Constabulary”.

MANILA POLICE DEPARTMENT (MPD)

 was organized on July 31, 1901 by virtue of Act Nr. 183 of the Philippine Commission. The 1st
Chief of Police was Capt. George Curry, a US Army officer appointed by the TAFT
COMMISSION on August 7, 1901. Capt. Columbus Piatt was the last American COP of MPD
before WW II broke out.

PHILIPPINE CONSTABULARY
 On October 3, 1901, the Insular Constabulary was changed to PHILIPPINE CONSTABULARY
(PC) by virtue of Act Nr. 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.

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 peace keeping 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.

IMPORTANT PERSONALITIES IN THE HISTORY OF POLICE SERVICE

1. William Howard Taft- first civil governor of the Phil.
2. Capt. George Curry- first Chief of Police of the MPD
3. Capt. Columbus Piatt- last American Chief of police of MPD
4. Capt. Henry T Allen- first chief of Police of the Phil Constabulary
5. Brig. General Rafael Crame- became the first Filipino Chief of Police of PC
 6. Col. Antonio C. Torres- first Filipino Chief of Police of the MPD when it became an all-Filipino
police organization
7. Col. Marcus Ellis Jones- first Chief of Police of the MPD upon the liberation of the Manila from
the Japanese Imperial Army
8. Col. Lamberto T. Jalavera- first Chief of Police of MPD under the republican government of the
President Roxas.

POLICE
 is the department of the government concerned primarily with maintenance of public order,
safety, and health and enforcement of laws and possessing executive, judicial and legislative
power.
 The civil force of national or local government, responsible for the prevention of and detection of
crime and maintenance of public order. The Police
 The police or law enforcements are the most visible representative of the government in the
society. The first line of defense against crime, for only if the police arrest the suspect will rest of
criminal justice system come into play in prosecuting, trying, convicting and rehabilitating the
offenders.
 The term police derived from the word POLITIA, meaning condition of the state, government and
administration. Politia originated from the Greek word “Politeia” whish mi=means government,
citizenship, or the entire activity of polis in the city.

POLICE ROLE IN THE CRIMINAL JUSTICE SYSTEM

1. To conduct Criminal Investigation
2. To make arrest or criminal apprehension
3. To conduct search and seizures
4. To prepare and file complaint
5. To participate in the prosecution of criminal case

Note: In every stage of police performance of its roles or duties, strict compliance to constitutional and
statutory rights of person shall always, be observed.

WEEK 4 - LAW ENFORCEMENT AGENCIES IN RELATION TO CJS

Learning Objectives: At the end of this lesson you should be able to:
1. Familiarize pertinent laws on PNP and NBI
2. Explain the legal procedures for conducting investigations, searches, and arrests.
3. Identify other law enforcement agencies

THE PHIPPINE NATIONAL POLICE

 The PNP is considered as the premier law enforcement agency in our country. However, this does
not mean that this agency is the sole law enforcement in this jurisdiction.
 Organized pursuant to RA 6975 as amended by RA 8551

THE PRIMARY LAW CREATING THE PNP

 Article XVI, sec 6 of 1987 constitution provides that “the state shall established one police force
which shall be “national in scope and civilian in character” to be administered and controlled by
NAPOLCOM”.
 Implementing the law is RA 6975 known as the law creating the DILG and the local government
chapter three therefor deal as with the establishment of the PNP

PERTINENT LAW ON PNP

On September 18, 1966, Republic Act Nr. 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. Its function was to
oversee the training and professionalization of the local police forces
 Through this law, reformation and professionalization of the police service gained official
recognition.

On August 8, 1975, Presidential Decree Nr. 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 provision of Section 12, Article 15 of the 1973 Philippine
Constitution.
On December 13, 1990, Republic Act Nr. 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 in scope and civilian in character.

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.

RA 9708 - An act extending for 5 years the reglementary period for complying the minimum
educational qualification for appointment to the PNP and adjusting promotion thereof.- approved
on August 12, 2009
 a law enforcement agency under DILG
 under administrative control and operational supervision of the NAPOLCOM
 it is an organization that is in national in scope and civilian in character, as provided by Art XVI,
Section 6 of the 1987 Constitution “the state shall establish and maintain one police force which
shall be national in scope and civilian in character, to be administered and controlled by the
National Police commission. The authority of local executive over the police units in their
jurisdiction shall be provided by law.
 Headed by the Chief PNP, with the rank of Director General/ Police General, appointed by the
President and who shall serve a term of office of four (4) years

NATIONAL IN SCOPE
 Means that the PNP is a nationwide government organization whose jurisdiction covers the entire
breadth of the Philippine archipelago
 all uniformed and non- uniformed personnel of the PNP are national government employees

CIVILIAN IN CHARACTER
 means that the PNP is not a part of military, although it retains some military attributes such as
discipline.

FUNCTION OF THE PNP.

 Enforce all laws and ordinance relative to the protection of lives and properties
 Maintain peace and order and take all necessary steps to ensure public safety
 Investigate and prevent crimes, effects the arrest of criminal offenders, bring offenders to justice
and assist in their prosecution;
 Exercise the general powers to make arrest, search and seizure in accordance with the constitution
and pertinent laws;
 Detain an arrested person for a period not beyond what is prescribed by the law, informing the
person so detained of all his rights under the Constitution;
 Issue licenses for the possession of firearms and explosive in accordance with law
 Supervise and control the training and operations of security agencies and issue licenses to
operate security agencies and to security guards and private detectives, for the purpose of their
professions; and
- Perform such other duties exercise all other functions as may be provided by the law.

THE NATIONAL BUREAU OF INVESTIGATION (NBI)

 Aside from the PNP there are lot more law enforcement agencies in this jurisdiction and one of it
is the NBI. It likewise important to possess basic knowledge about this agency to avoid confusion
with the PNP.

 NBI was created on November 13, 1936 upon the approval of commonwealth Act No. 181. This
was the brainchild of the late President Manuel Quezon and Secretary of Justice Jose Yulo.
Thomas Dugan, a veteran American police captain from New York Police department and
Flaviano C. Guerrero, the tasked with organizing a Division of Investigation (DI) patterned after
the United State Federal Bureau of Investigation(FBI). On the basis of stiff physical, mental, and
moral requirements, around forty five (45) men were selected as agents from among three
hundred (300) applicants. To complete this investigative force was a civilian staff composed of
doctors, chemist, fingerprint technicians, photographer, stenographer, and clerks. During the
Japanese occupation, the DI was affiliated with the Bureau of Internal Revenue (BIR) and the
Philippine Constabulary known as the Bureau of Investigation(BI). Subsequently, during the post-
liberation period, all available DI agents were recruited by the US Army CIC as investigators. On
June 19,1947, RA No. 157 was passed reorganizing the BI. The law was amended by E.O 94
issued on October 4, 1947. This renamed the BI into NBI.

In November 13 1936, common wealth Act No. 181 required the creation of a Bureau of Investigation.
  This agency should be the modification of the Division of Investigation from the Department of
Justice.

Finally, on June 19, 1947, Republic Act No. 157 was enacted which created the National Bureau of
Investigation.
 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.

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.

Objectives
 The main objective of the National Bureau of Investigation is the establishment and maintenance
of a modern, effective and efficient investigative service and research agency for the purpose of
implementing fully principal functions provided under RA 157, as amended.
Mission
 To provide quality service for efficient law enforcement in the pursuit of truth and justice.

Functions
 Under its enabling law, RA 157, as amended, the NBI is empowered to

 Investigate crimes and other offenses against the laws of the Philippines, both on its own
initiative and as public interest may require;
 Assist, when officially requested in the investigation or detection of crimes and other offenses;
 Act as national clearing house of criminal records and other information for use of all prosecuting
and law enforcement entities in the Philippines, of identification records of identifying marks,
characteristics and ownership or possession of all firearms and test bullets thereof
 Give technical help to all prosecuting and law enforcement offices, agencies of the government,
and courts which may ask for its services;
 Extend its services in the investigation of cases of administrative or civil in nature in which the
government is interested;
 Establish and maintain an up-to-date scientific crime laboratory and conduct research in
furtherance of scientific knowledge in criminal investigation
 Coordinate with other national or local agencies in the maintenance of peace and order;
 Undertake the instruction and training of a representative number of city and municipal peace
officer at the request of their respective superiors along effective methods of crime investigation
and detection in order to insure greater efficiency in the discharge of their duty.

Note:The NBI is a government entity that is civilian in character, and national in scope which is under the
Department of Justice
Government Law Enforcement Agencies
a) Philippine National Police
b) National Bureau of Investigation
c) Philippine Drug Enforcement Agency
d) Bureau of Internal Revenue
e) Bureau of Immigration
f) Land Transportation Office
g) Bureau of Customs
h) Food and Drugs Administration
i) Philippine Coast Guard
j) Philippine Aviation Security Command
k) Maritime Industry Authority
l) Bureau of Forest Development
m) Bureau of Fisheries and Aquatic Resources
n) Air Transportation Office
o) Department of Environment and Natural Resources
p) Department of Foreign Affairs
q) Bureau of Immigration (BI) Bureau of immigration, an attached agency under the Department of
Justice is tasked to enforce the immigration laws of the country. It investigates and arrest illegal
and undocumented aliens, foreign fugitives and criminals operating in the country
r) 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 investigates and arrest
smugglers and those suspected of violating customs laws
s) Bureau of Internal Revenue (BIR) enforces tax laws and regulation. It investigates tax evasion
cases and arrest similar violators. BIR is under the Department of Finance
 t) Land Transportation Office (LTO) regulates land transportation industry and enforces
transportation laws and regulation. Investigates arrest and prosecutes “colorum” or out of line
vehicles
u) Department of Environment and Natural Resources (DENR) operates against illegal logging. It
investigates and prosecutes violators of environmental protection laws.
v) Bangko Sentral ng Pilipinas (BSP) regulates banking industry and enforces banking laws.
Investigates arrest and prosecute counterfeit currency manufacturers and passers.
w) Maritime Industry Authority (MARINA) regulates the maritime and shipping industry. It oversees
the sea worthiness of all sea- going vessel.
x) Bureau of Foods and Drugs (BFAD) enforces and regulates manufacture of food and drugs. It
investigates and arrests unscrupulous manufacturer and makers of substandard food and drugs
without licensed or permits. BFAD is under the Department of Health

POLICE RULES AND FUNCTION IN SOCIETY

 Basically, the role of the police in society is crime prevention which iS the main goal of the CJS.

POLICE DISCRETION
 One of the most important powers vested by law to the police officers is to exercise discretion.
This is defined as an authority conferred by law to act in a certain condition or situation in
accordance with an official or an official agency’s own considered judgment and conscience.
 Other authority defined the same as the wise use of one’s judgment, personal experience to decide
a particular situation. It is the freedom to make a choice among possible course or courses of
action or inaction.
 One of that is difficult for a police officer to make is whether to use force against a civilian, a
decision that must be made quickly and often under stressful and ambiguous circumstances.

WEEK 5 CRIME DETECTION IN RELATION TO THE ADMINISTRATION OF JUSTICE

Learning Objectives: At the end of this lesson you should be able to:
1. Understand the significance of crime detection in the criminal justice system and its impact on
maintaining public safety and upholding the rule of law.
2. Demonstrate how arrest is done.

CRIME DETECTION IN RELATION TO THE ADMINISTRATION OF JUSTICE

 Through crime detection, the police are typically the first component of the justice system to deal
with the commission of the crime.

HOW CRIME DETECTION ARE USUALLY HAPPENS?

The detection of crime usually occurs in the following manner:
a) The most typical way that crime come to the attention of the police is for the victim to report its
occurrence to the police.
b) A less typical way for the police to be advised of the crime is through the reporting of someone
who has witnessed its commission has come upon evidence indicating that a crime has been
committed.
c) The police themselves, through their routine operation discover that a crime has been committed
or witness its commission.

CRIMINAL INVESTIGATION
 Criminal investigation is an art which deals with the identity and location of the offender and
provides evidence of his guilt through criminal proceedings. This is considered as the most and
complicated function of the police as criminal investigator
 It is likewise defined as the collection and analysis of facts about persons, things, places, subject
of a crime to identify the perpetrator, to locate his whereabouts and to gather evidence for the
establishment of his guilt in a criminal proceeding.
 Criminal investigation is further known as an art and process w/c deals with the identity, location
and arrest of a person who commits a crime and simultaneously identify, collect, preserve and
evaluate evidence for the purpose of delivering criminal offender to justice.

IMPORTANCE OF CRIMINAL INVESTIGATION IN THE ADMINISTRATION OF JUSTICE

 Criminal investigation is important in the administration of the CJS because one of the purposes
of criminal investigation is to gather and preserve evidence that will both justify their
enforcement action in particular case as well as enable the fact-finding process of the courts and
the prosecution of the case successfully and obtain conviction.
ELEMENT OF INVESTIGATION PROCESS
1. Recognition – identification of information related or has in anyway bearing to the crime under
investigation.
2. Collection – collection of information after finding of to be related to the crime under
investigation.
3. Preservation – preservation of information gathered to ensure its physical and legal integrity.
4. Evaluation – ascertaining whether information identified, collected and preserved. Can stand
prosecution and trial.

PHASES OF CRIMINAL INVESTIGATION

1. Identification of criminal offender
2. Tracing, locating and arrest of the offender
3. Gathering of evidence to prove his guilt in the criminal proceeding

RULE 113 REVISED RULE OF COURT

ARREST: Criminal Apprehension (Rule 113 of the Revised Rules of Court)
 Arrest is defined as the taking of a person into the custody in order that he may be bound to
answer for the commission of an offense. It 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. (Section 1 and 2,
Rule 113)

Importance of Arrest in the administration of CJS

 Arrest is important in the administration of Criminal Justice System because if the accused is not
arrested, the court will not acquire jurisdiction over his person unless the person voluntarily
surrenders himself to the authorities.

Two modes of arrest:

1. By actual restraint of the person to be arrested; and
2. By his submission to the custody of the person making the arrest

What is the duty of arresting officer? (Sec. 3)

 Its shall be the duty of the officer executing the warrant to arrest the accused and deliver him to
the nearest police station or jail without unnecessary delay

WEEK 6 - PROSECUTION- THE SECOND PILLAR OF THE CRIMINAL JUSTICE SYSYTEM

Learning Objectives:
At the end of this lesson you should be able to:
1. Understand the second pillar of the criminal justice system and its main functions.

In this stage of justice system, determination of the legality of the action of the law enforcer and the
evaluation of evidence presented takes place. Likewise, presence of probable cause to warrant prosecution
known as Preliminary Investigation will be determined.

PROSECUTION DEFINED
 Prosecution is the process or method whereby accusation is brought before the court of justice to
determine the guilt or innocence of the accused
 Serving as the lawyer of the state /government in criminal cases. the prosecutor is automatically
considered an officer of the court; at the same time, he is formally a member of the department of
justice, under the executive branch of the government, and thus independent from the judiciary
 The prosecution service is made up of provincial and city public prosecutors under the national
prosecutions service (NPS)they perform to types of prosecutorial powers, investigatory and
prosecutor such as
 They evaluate the police findings referred to them or other complaint filed directly with them by
individual persons (e.g government officers in charge of enforcement of law violated
 They file corresponding Information or criminal complaints in the proper courts on the basis of
their evaluation of the proofs at hand and
 They prosecute the alleged offenders in court, in the name of the people of the Philippines

HISTORY OF PROSECUTION
 The origin of the office of the prosecutor is four hundreds of years ago in the jurisprudential
development and the common law of England
 The general term attornatus was used in England official documents in the Middle Ages to mean
anyone who appeared for another as a pleader, attorney or essoiner
 The earliest laws of England defined crimes as being committed against a particular individual,
not against the state. the original prosecutor was a victim or an individual representing a victim
who stepped forward personally to initiate the prosecution of the alleged offender
  Originally all crimes were torts, thus in early common law, any injury whether to person or
property, was a tort (a tort today is an injury to an individual that is not an offense against the
state later, the injury was considered an offense against the state
 During the reign of Edward IV (1461-1483) William husse was appointed attorney general of
England
 Henry Vii (1509 -1547) eliminated the vengeance prosecution system and its stead provided a
system of sergeants who were required to act as police prosecutors and to enforce penal statutes.
these sergeants were later to become well trained in the law

THE PROSECUTION AND THE POLICE

1. Prosecutorial discretion typically enters the picture immediately after the arrest when the police
investigative reports are forwarded to the prosecutor to review
2. The prosecutor screens and evaluates the document in order to decide whether to accept or reject
the case for prosecution
3. The action of the prosecution is dependent upon the police initiatory action whereby the criminal
justice system relies on the
a) certainty of the arrest by the police
b) certainty of conviction by an effective prosecution
c) certainty of appropriate sentencing by the court

THREE (3) MAIN FUNCTIONS OF THE PROSECUTION PILLAR

1. To conduct Preliminary Investigation
2. To conduct Inquest Proceeding
3. To act as the lawyer of the state in criminal prosecution

WEEK 7 COMPOSITION OF THE PUBLIC AND NATIONAL PROSECUTORS

Learning Objectives:
At the end of this lesson you should be able to:
1. Identify the composition of the public and national prosecutors and their duties.

IN THE PHILIPPINES CJS, WHO CONDUCTS THE PROSECUTION?

 In the Philippines, the prosecutor is the government officer, tasked to conduct the prosecution of
criminal actions in court. The Revised Rules of Court expressly provides that the prosecution has
the direction and control of the case.

NATIONAL PROSECUTION SERVICES (NPS)

 The NPS is under the supervision and control of the Department of Justice (DOJ) and is tasked as
the prosecutorial arm of the government. Its most important function in the Criminal Justice
System is to maintain and recognize the rule of law through the speedy delivery of services
particularly in the investigation and prosecution of all crime under the Revised Penal Code,
Presidential Decrees and other special penal laws.

Note : Read Republic act 10071

WHO MUST PROSECUTE CRIMINAL ACTIONS SECTION 5 RULE 110 REVISED RULE OF
CRIMINAL PROCEDURE?
 All criminal actions commenced by a complaint or information shall be prosecuted under the
direction and control of the prosecutor. However, in Municipal Trial Courts or Municipal Circuit
Trial Courts when the prosecutor assigned thereto or to the case is not available, the offended
party, any peace officer, or public officer charged with the enforcement of the law violated may
prosecute the case. This authority shall cease upon actual intervention of the prosecutor or upon
elevation of the case to the Regional Trial Court.
 The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by
the offended spouse. The offended party cannot institute criminal prosecution without including
the guilty parties, if both are alive, nor, in any case, if the offended party has consented to the
offense or pardoned the offenders.
 The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except
upon a complaint filed by the offended party or her parents, grandparents or guardian, nor, in any
case, if the offender has been expressly pardoned by any of them.
 If the offended party dies or becomes incapacitated before she can file the complaint, and she has
no known parents, grandparents or guardian, the State shall initiate the criminal action in her
behalf. The offended party, even if a minor, has the right to initiate the prosecution of the offenses
 of seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or
guardian, unless she is incompetent or incapable of doing so. Where the offended party, who is a
minor, fails to file the complaint, her parents, grandparents, or guardian may file the same. The
right to file the action granted to parents, grandparents, or guardian shall be exclusive of all other
persons and shall be exercised successively in the order herein provided, except as stated in the
preceding paragraph.
 No criminal action for defamation which consists in the imputation of any of the offenses
mentioned above shall be brought except at the instance of and upon complaint filed by the
offended party. (5a) The prosecution for violation of special laws shall be governed by the
provisions thereof, (n)

THE PUBLIC PROSECUTOR

 It is demanded of him nothing less than utmost diligence, unquestionable honesty, unblemished
integrity and quiet dedication to serve the people at all times.
 The public prosecutors do not only initiate criminal action in the name of the People of the
Philippines, they also serve as the trial or prosecution officers before the criminal court.
Moreover, the prosecutors decide whether or not to prosecute a case, or hold the case open for
further action.

THE PRIVATE PROSCUTOR

 A private prosecution is a criminal proceeding initiated by an individual private citizen or private
organization (such as a prosecution association) instead of by a public prosecutor who represents
the state. Private prosecutions are allowed in many jurisdictions under common law, but have
become less frequent in modern times as most prosecutions are now handled by professional
public prosecutors instead of private individuals who retain (or are themselves) barristers.

 A private attorney in the Philippines, does not have standing to try a criminal case. But under an
unusual provision of Philippine criminal law, he is permitted to work directly with police and
government prosecutors in all phases of the investigation and trial: gathering evidence, preparing
witnesses, and drafting potential indictments. His work, even government prosecutors
acknowledge, helped lead to the conviction of the accused.

Article 100 of the Revised Penal Code provides that: “Civil liability of a person guilty of felony – every
person criminally liable for a felony is also civilly liable. “Because of this, the private complainant may
acquire the services of a private council to act as a private prosecutor to protect his civil rights as a result
of a felony. However, the private prosecutor is under the direct and supervision of the public prosecutor.

OMBUDSMAN (OMB) AS SPECIAL PROSECUTOR

 Formerly known as the Tanod bayan, the OMB is created under Section 5, Article XI of the 1987
Constitution.

Note : Read RA 6770

WEEK 8 - HOW CRIMINAL ACTION IS INSTITUTED?

Learning Objectives:
At the end of this lesson you should be able to:
1. Understand how criminal action is instituted and get familiarized with complaint, information,
subpoena, preliminary investigation, inquest proceedings and preliminary examination

HOW CRIMINAL ACTION IS INSTITUTED?

Criminal actions shall be instituted as follows:
a) For offense, where a preliminary investigation is required, by filling the complaint with the
proper officer for the purpose of conducting the requisite preliminary investigation.
b) For all other offenses, by filling the complaint or information directly with the Municipal Circuit
Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered
cities, the complaints shall be filed with the office of the prosecutor unless otherwise provided in
their charters.

COMPLAINT
 a complaint is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the law
violated. (Sec. 3, Rule 110)
INFORMATION
 Information is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed it with the court. (Section.4 Rule 110)

SUBPOENA
 an order requiring a person to testify before the court in a case, or demanding the submission of
evidence in the form or documents.

SUBPOENA TESTIFICANDUM
 is a court summons to appears and give oral testimony for use at a hearing or trial.

SUBPOENA DUCES TICUM

 is a court summons ordering the recipient to appear before the court and produce documents or
other tangible evidence for use at the hearing or trial.

DETERMINATION OF SUFFICIENCY OF COMPLAINT OR INFORMATION

 A complaint of information is sufficient if it states the name of the accused; the designation of the
given statute; the acts or omissions complained of as constituting the offense; the name of the
offended party; the approximate date of the commission of the offense; and the place where the
offense is committed.

When an offense is committed by more than one person, all of them shall be included in the complaint or
information. (Sec 6, rule 110)

PLACE WHERE ACTION IS TO BE INSTITUTED

a) Subject to existing laws, the criminal action shall be instated and tried in the court of the
municipality or territory where the offense was committed or where any of its essential
ingredients occurred.
b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the course
of its trip, the criminal action shall be instituted and tried in the court of any municipality of
territory where such train, aircraft or other vehicle passed during its trip, including the place of
departure and arrival.
c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action
shall be instituted and tried in the court of the first port of entry or any municipality or territory
where the vehicle passed during such voyage, subject to the generally accepted principles of
international law.
d) Crimes committed outside the Philippines but punishable but under Article 2 of the RPC shall be
cognizable by the court where the criminal action is first filed. (Sec 15, Rule 110)

PRELIMINARY INVESTIGATION .INQUEST PROCEEDING AND PRELIMINARY

EXAMINATION
A. Preliminary investigation (PI)
 Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient
ground to engender a well- founded belief that a crime has been committed and the respondent is
probably guilty thereof, and should be held for trial( Sec. 1 Rule 112)

Purpose /objectives of preliminary investigation

a) To determine whether a crime has been committed and whether there is probable cause to believe
that the accused is guilty thereof;
b) To secure the innocent against hasty, malicious and oppressive prosecution.
c) To protect the state from useless and expensive trials.

PROBABLE CAUSE
 As used in preliminary investigation, probable cause is defined as the existence of such facts and
circumstances as would excite the belief, in a reasonable mind, acting on the facts within the
knowledge of prosecutor, that the person charge was guilty of the crime which he was prosecuted.

Procedure in PI : Section 3 of Rule 110 Revised rule of criminal procedure

The preliminary investigation shall be conducted in the following manner: (a) The complaint shall state
the address of the respondent and shall be accompanied by the affidavits of the complainant and his
witnesses, as well as other supporting documents to establish probable cause.

They shall be in such number of copies as there are respondents, plus two (2) copies for the official file.
The affidavits shall be subscribed and sworn to before any prosecutor or government official authorized to
administer oath, or, in their absence or unavailability, before a notary public, each of whom must certify
that he personally examined the affiants and that he is satisfied that they voluntarily executed and
understood their affidavits. (b) Within ten (10) days after the filing of the complaint, the investigating
officer shall either dismiss it if he finds no ground to continue with the investigation, or issue a subpoena
to the respondent attaching to it a copy of the complaint and its supporting affidavits and documents.

The respondent shall have the right to examine the evidence submitted by the complainant which he may
not have been furnished and to copy them at his expense. If the evidence is voluminous, the complainant
may be required to specify those which he intends to present against the respondent, and these shall be
made available for examination or copying by the respondent at his expense. Objects as evidence need not
be furnished a party but shall be made available for examination, copying, or photographing at the
expense of the requesting party. (c) Within ten (10) days from receipt of the subpoena with the complaint
and supporting affidavits and documents,

the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents
relied upon for his defense. The counter-affidavits shall be subscribed and sworn to and certified as
provided in paragraph (a) of this section, with copies thereof furnished by him to the complainant. The
respondent shall not be allowed to file a motion to dismiss in lieu of a counter-affidavit. (d) If the
respondent cannot be subpoenaed, of if subpoenaed, does not submit counter-affidavits within the ten (10)
day period, the investigating officer shall resolve the complaint based on the evidence presented by the
complainant.

The investigating officer may set a hearing if there are facts and issues to be clarified from a party or a
witness. The parties can be present at the hearing but without the right to examine or cross-examine. They
may, however, submit to the investigating officer questions which may be asked to the party or witness
concerned.

The hearing shall be held within ten (10) days from submission of the counter-affidavits and other
documents or from the expiration of the period for their submission. It shall be terminated within five (5)
days. (f) Within ten (10) days after the investigation, the investigating officer shall determine whether or
not there is sufficient ground to hold the respondent for trial. (3a)

Section 5. Resolution of investigating judge and its review.—Within ten (10) days after the preliminary
investigation, the investigating judge shall transmit the resolution of the case to the provincial or city
prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in
the exercise of its original jurisdiction, for appropriate action. The resolution shall state the findings of
facts and the law supporting his action, together with the record of the case which, shall include: (a) the
warrant, if the arrest is by virtue of a warrant; (b) the affidavits, counter-affidavits and other supporting
evidence of the parties; (c) the undertaking or bail of the accused and the order for his release; (d) the
transcripts of the proceedings during the preliminary investigation; and (e) the order of cancellation of his
bail bond, if the resolution is for the dismissal of the complaint. Within thirty (30) days from receipt of the
records, the provincial or city prosecutor, or the Ombudsman or his deputy, as the case may be, shall
review the resolution of the investigating judge on the existence of probable cause. Their ruling shall
expressly and clearly state the facts and the law on which it is based and the parties shall be furnished
with copies thereof. They shall order the release of an accused who is detained if no probable cause is
found against him. (5a)

WHEN PI IS REQUIRED?
 Before the filling of complaint or information for an offense where the law prescribes a penalty of
4 years 2 months and 1 day without regard to the fine.

WHEN PI IS NOT REQUIRED ?.

 When the offender was arrested without a warrant, an INQUEST investigation will be conducted
by the inquest investigator. There is no need to conduct Preliminary Investigation, unless the
person arrested ask for PI. However, before the same can be done, he must sign a waiver under
the provision of Art. 25 of the RPC.

PERSON AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION

a) Provincial and City Prosecutors and their assistants
b) Judge of Municipal Trial Courts and Municipal Circuit Trial Court
c) National and Regional State Prosecutors
d) Other officers as may be authorized by law.

Note: Amended by memorandum circular of supreme court .

OTHER OFFICER AUTHORIZED BY LAW TO CONDUCT PRELIMINARY INVESTIGATION

a) The Ombudsman and special prosecutors and prosecutors duly authorized by the Ombudsman
with respect to cases its jurisdiction. (ex. R.A 7080 & RA 3019)
b) The COMELEC with respect to cases in violation of the Election Law.
c) PCGG for violation of RA 1379 unexplained wealth act
d) Private lawyers when duly deputized by any of the above.
RESOLUTION OF INVESTIGATING PROSECUTOR AND ITS REVIEW
 If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the
resolution and information. He shall certify under oath in the information that he, or as shown by
the record, an authorized officer, has personally examined the complaint and his witness; that
there is reasonable ground to believe that a crime has been committed and the accused was
informed of the complaint and of the evidence submitted against him; and that he was given an
opportunity to submit controverting evidence. Otherwise he shall recommend the dismissal of the
complaint.

B, An INQUEST PROCEEDINGS
 shall refer to an informal and summary investigation conducted by a public prosecutor in criminal
cases involving persons arrested and detained without the benefit of a warrant issued by the court
for the purpose of determining whether or not said person should remain under the custody and
correspondingly charged in court.

WHEN ACCUSED LAWFULLY ARRESTED WITHOUT WARRANT SECTION 7 RULE 112

REVISED RULE OF CRIMINAL PROCEDURE
 When a person is lawfully arrested without a warrant involving an offense which requires a
preliminary investigation, the complaint or information may be filed by a prosecutor without need
of such 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. Before the complaint or information is filed, the
person arrested may ask for a preliminary investigation in accordance with this Rule, but he must
sign a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, in the
presence of his counsel. Notwithstanding the waiver, he may apply for bail and the investigation
must be terminated within fifteen (15) days from its inception. After the filing of the complaint or
information in court without a preliminary investigation, the accused may, within five (5) days
from the time he learns of its filing, ask for a preliminary investigation with the same right to
adduce evidence in his defense as provided in this Rule. (7a; sec. 2, R.A. No. 7438)

Arrest is to take a person into the custody of the law in order for him to be bound for the commission of
an offense (Section 1, Rule 113 of the Rules on Criminal Procedure). There are two types of arrest:
a) arrest with a warrant; and
b) warrantless arrest.

An arrest with a warrant presupposes that an affidavit-complaint was filed against the suspect
(respondent) with the Office of the Prosecutor (or in certain exceptional cases with the Department of
Justice), and it finds probable cause to charge him in court. The court separately finds probable cause for
the issuance of a warrant of arrest against him.

On the other hand, a warrantless arrest takes place when a person to be arrested is caught committing,
about to commit or has just committed a crime. Regardless of the type of arrest, the person arrested will
have to be brought to the nearest police station. In all cases, the taking of custody should not be subject to
a greater restraint than which is necessary for the suspect’s detention. The officer may break into any
building or enclosure where the person to be arrested is or is reasonable believed to be, if he is refused
admittance; and he may also break out when necessary to liberate himself.

A person arrested with a warrant is placed under the jurisdiction of the court that issues it and will have to
be arraigned and subjected to pre-trial within a period of 10 days from receipt of the case (Section 8, Part
III, Guidelines for Continuous Trial). The intention of the Rules is to bring the arrestee, now the accused,
to trial to confront the witnesses and evidence presented against him, and for the court thereafter to render
the judgment.

However, warrantless arrest proceeds in a different legal direction before it goes to court. 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 (Section 5, Rule 113 of the Rules on Criminal Procedure).

Inside the police station, a suspect arrested while committing, about to commit or has just committed an
offense will be booked, the sworn statements of the law enforcement officers or citizens who arrested him
will be executed and subscribed, and evidence seized or obtained from the suspect will be preserved.
While there is presumption of regularity in the performance of the duties of law enforcement officers in
the conduct of their arrest it may be invalidated on the grounds of lack of personal knowledge based on
probable cause. For example, a person walks along the street and is holding something in his hands. Even
if he appears dubious, and has a previous criminal charge for the same offense, these are not by
themselves sufficient to incite suspicion of criminal activity or to create probable cause enough to justify
a warrantless arrest (People v. Villareal, G.R. No. 201363, 18 March 2013). If the only information that
the police officers had in effecting the arrest was the information from a third person (People v. Burgos,
G.R. L-68995, 4 September 1986) or when in Sanchez v. People (G.R. No. 204589, 19 November 2014)
the police officers had no personal knowledge to believe that Sanchez bought shabu from the notorious
drug dealer and actually possessed the illegal drug when he boarded the tricycle, the arrest may be
invalidated.

It must be noted that the detention of the suspect (arrestee) may not exceed the periods provided in Article
125 of the Revised Penal Code for the delivery of detained persons to the proper judicial authorities.
Specifically, the law requires the public officer or employee who shall detain any person for some legal
ground 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.

Bearing this in mind, the suspect (arrestee) will be physically presented by the law enforcement officer to
the Inquest Prosecutor together with the arrest records, documents and evidence. Only in those cases
where the penalty for the offense is at least 4 years, 2 months and 1 day will there be inquest proceedings
(Section 6, Rule 112 of the Rules on Criminal Procedure). The Inquest Prosecutor will ascertain whether
the suspect (arrestee) may be: (a) released for further preliminary investigation, in the event there is no
probable cause to hold him answerable for the offense at the moment; or (b) detained if there is strong
evidence against him for the commission of the offense. The second option, if chosen by the Inquest
Prosecutor, will lead to the filing of a complaint or information in court and the application for bail by the
suspect (arrestee) who continues to be detained, now the accused in a criminal case. Alternatively, the
suspect may opt to waive Article 125 of the Revised Penal Code if he wants to avail of preliminary
investigation under Rule 112, or he can wait until the complaint or information is filed in court and within
five days from knowledge of its filing, request for a preliminary investigation.

During the period of the detention, any member of the Philippine Bar shall, at the request of the person
arrested, have the right to visit and confer privately with the person in jail or in any other place of custody
at any hour of the day or night (Section 14, Rule 113 of the Rules on Criminal Procedure). Subject to
reasonable regulations, a relative of the person arrested can also exercise the same right. Any question on
the validity or legality of the arrest, or absence or irregularity in the preliminary investigation must be
raised by the accused before plea (Section 26, Rule 114 of the Rules on Criminal Procedure).

The mere thought of an arrest or apprehension sows fear in the minds of an individual and his relatives.
There is fear of violence, coercion or duress to elicit a confession, and also of pressure, physical harm or
sexual assault not only by the law enforcement officers but likewise by the co-detainees. While stories of
these incidents abound, it will never be admitted unless the offenders are caught red-handed. Therefore, it
is best to always abide by the law and not to fiddle with it.

C: PRELIMINARY EXAMINATION

It is a hearing before the judge to determine whether a person charged with felony should be dismissed, or
if probable exist to issue warrant of arrest ,commitment order or require to submit additional evidence to
determine the existence of probable cause.

a) By the Regional Trial Court .—Within ten (10) days from the filing of the complaint or information,
the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. He may
immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If he finds
probable cause, he shall issue a warrant of arrest, or a commitment order if the accused has already been
arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when
the complaint or information was filed pursuant to section 7 of this Rule. In case of doubt on the existence
of probable cause, the judge may order the prosecutor to present additional evidence within five (5) days
from notice and the issue must be resolved by the court within thirty (30) days from the filing of the
complaint of information. (b) By the Municipal Trial Court.—When required pursuant to the second
paragraph of section 1 of this Rule, the preliminary investigation of cases falling under the original
jurisdiction of the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or
Municipal Circuit Trial Court may be conducted by either the judge or the prosecutor. When conducted by
the prosecutor, the procedure for the issuance of a warrant of arrest by the judge shall be governed by
paragraph (a) of this section. When the investigation is conducted by the judge himself, he shall follow
the procedure provided in section 3 of this Rule. If his findings and recommendations are affirmed by the
provincial or city prosecutor, or by the Ombudsman or his deputy, and the corresponding information is
filed, he shall issue a warrant of arrest. However, without waiting for the conclusion of the investigation,
the judge may issue a warrant of arrest if he finds after an examination in writing and under oath of the
complainant and his witnesses in the form of searching questions and answers, that a probable cause
exists and that there is a necessity of placing the respondent under immediate custody in order not to
frustrate the ends of justice. (c) When warrant of arrest not necessary.—A warrant of arrest shall not issue
if the accused is already under detention pursuant to a warrant issued by the municipal trial court in
accordance with paragraph (b) of this section, or if the complaint or information was filed pursuant to
section 7 of this Rule or is for an offense penalized by fine only. The court shall then proceed in the
exercise of its original jurisdiction. (6a)

SOME OF THE REASON FOR PROSECUTORIAL TO REJECTION OR DISMISSAL OF

SOME CRIMINAL CASES:
a) Insufficient Evidence that results from a failure to find sufficient physical evidence that links the
defendant to the offense.
b) Witness Problem that rise for example, when a witness fails to appear, give unclear and
inconsistent statements, is reluctant to testify, is unsure of identity of the offender.
c) Due Process Problems that involves the violations of Constitutional requirements for seizing
evidence and for the questioning of the accused.

REMEDY AVAILABLE SHOULD THE PROSECUTOR WITHOUT JUST CAUSE DECLINE TO

PROSECUTE A CRIME:
a) File a motion for consideration
b) File an administrative case against the Prosecutor
c) File a civil case against the Prosecutor
d) File a criminal case against the Prosecutor