INTRODUCTION TO

PHILIPPINE CRIMINAL
JUSTICE SYSTEM
 JUSTICE:
The Base Line
 JUSTICE

Is fairness, moral rightness and a scheme or system of law in which every

person receives his/her/its due from the system, including all rights, both
natural rights and legal.

It refers to the upholding of what is just, especially, fair treatment and due
reward in accordance with honor, standards or law
 Justice is SOCIAL NORM

THREE
CHARACTERIS Justice is PROBATIVE
TICS OF
JUSTICE
Justice is OBLIGATORY
THREE THEORIES OF JUSTICE

POSITIVE LAW THEORY SOCIAL GOOD THEORY NATURAL RIGHT

THEORY
 Layer 1 CELEBRATED CASES

Layer 2 SERIOUS FELONIES

Layer 3 LESS SERIOUS FELONIES

Layer 4 MISDEMEANORS

THE “WEDDING CAKE” Model of

Justice
PERSPECTIVE ON
JUSTICE
1. Crime Control Perspective
2. Rehabilitation Perspective
3. Due Process Perspective
4. Nonintervention Perspective
5. Justice Perspective
6. Restorative Justice Perspective
 • Refers to any system of regulation to
govern and control the conduct of
people of a community, society or
nation.

LAW • Also considered as a major input to the

criminal justice system and the
society’s primary instrument for
making known what acts are crime and
what sanctions maybe applied to those
who commits acts defined as crime.
 Common Law

FORMS OF Statutory Law

LAW

Case Law
 Civil Law
TYPES OF
LAW
Criminal Law or
Penal Law
PHILIPPINE CRIMINAL
JUSTICE SYSTEM:
An Overview
CRIMINAL JUSTICE
SYSTEM

• Defined as the “machinery of the state or government which enforces

the rules of conduct necessary to protect life and property, and
maintain peace and order.
PHILIPPINE CRIMINAL JUSTICE
SYSTEM PROCESS
POLICE / LAW
COMMUNITY
ENFORCEMENT

CRIME
CORRECTION PROSECUTION

COURT
THE On Crime Prevention
COLLABORATIV
E EFFORTS OF
THE CRIMINAL On Crime
JUSTICE SYSTEM Deterrence

On Crime Control
BRIEF HISTORY OF
POLICE FORCE
 England

• Sir Robert “Bobby” Peel

• Father of Modern
Policing System
• Established London’s first
municipal force
UNITE • Mid 1840s

D
• New York – established the
first paid professional force in
the United States.

STATE • 1905
• Pennsylvania – established the

S nation’s first state police

EVOLUTION OF PHILIPPINE POLICE FORCE

This Photo by Unknown Author is licensed under CC BY

 A. Spanish Regime
• Carabineros de Seguridad Publica
 Organized in 1712
 Carry out the regulations of the department of state
 By Royal Decree of December 20, 1842, it was organized and called Cuero De
Seguridad Publica (Corps of Crabbiness for Public Security)

Duties of Cuero De Seguridad Publica

1. The prosecution of law breakers and criminal;
2. The maintenance of peace and order and security; and
3. The vigilance of execution of law and ordinances of a good government.
• Guardrilleros
Body of Rural Police organized in each town and established by Royal Decree of January
8, 1836.
• Royal Decree of January 8, 1836.- provides the 5% of every male inhabitants of each province were be enlisted in this
police organization for 3 years tour of duty.

The duties of this local police were:

1. To maintain public security and order in the town;
2. To make patrol;
3. To guard dark and unsafe places
4. To guard the Tribunal or Municipal building and prison houses;
5. To conduct prisoner carry mails at times; and
6. Many other odd duties in the town
• Guardia Civil
 Created by Royal Decree issued by the crown on February 12, 1852, to
partially relieved the Spanish Peninsula Troops of their work in policing
towns.
 Consisted of Filipino policemen organized originally in each of the
Provincial Capitals of the Central Luzon under the Alcades or Governor
 This semi-military is very martial in appearance because of its bright and
showy uniform, distinctively prominent insignia plus a rigidly maintained
military bearing.
 • Insular Police Force
 November 30, 1890
B. American  Re established and re created on July 18,
1901 by virtue of Organic Act No. 175
Era entitled as “An Act Providing for the
Organization and Government of an Insular
Constabulary”
• Manila Police Department
Organized on July 31, 1901 by virtue of Act No. 183 of the Philippine
Commission
Capt. George Curry was the First Chief of Police
• Philippine Constabulary (PC)
 Formally established on October 3, 1901 by virtue of Act No. 255
 Capt. Henry T. Allen was the First Chief of Police of the PC
 In section 825 of the Revised Administrative Code of 1917 – approved
a year before World War I ended stated that PC is a national police
institution for preserving the peace, keeping order and enforcing the
law
• Bureau of Investigation
 Act No. 181 required its creation on November 1938
 This agency should be the modification of the Division of Investigation
(DI) from the Department of Justice
 C. JAPANESE
OCCUPATION
(1941 – 1945)
• “Kempetai” (Japanese Military Police)
 Responsible in maintaining peace and order in Manila
 Ruled the urban areas until Gen. Douglas Mc Arthur returned on February
7, 1945.
D. POST WORLD
WAR II (1945)
NATIONAL BUREAU
OF INVESTIGATION
• By virtue of RA # 157 was
created on June 19, 1947.
• Expansion and
reorganization took place on
1960 through the
enactment of RA # 2678.
 RULES OF COURT

• It took effect on January 01, 1964.

• This procedural law was
constructed in order to promote the
broad objective of the Criminal
Justice System and to assist the
parties in obtaining just, speedy and
inexpensive determination of every
action and proceeding
 NATIONAL
POLICE
COMMISSION

• By virtue of RA # 4864 otherwise

known as Police Act of 1966.
• Police Commission (which was later
called National Police Commission or
NAPOLCOM) was created on
September 8, 1966, under the Office
of the President.
 NATIONAL
POLICE
COMMISSION
• On August 8, 1975, PD # 765 was enacted
and stipulated that the office of
NAPOLCOM should be under the Ministry
of National Defense. It also defined the
relationship between Integrated National
Police (INP) and Philippine Constabulary
(PC).
 PHILIPPINE
NATIONAL
POLICE
• December 13, 1990 - approved by President
Corazon Aquino the RA # 6975 otherwise
known as DILG Act 1990.
• On February 25, 1998, the provisions of RA
# 6975 concerning PNP were amended
when RA # 8551 was approved by President
Fidel Ramos.
POLICE / LAW
ENFORCEME
NT
 Police / Law
Enforcement

• It is a term used o describe

either an organization that
enforces the laws of one or
more governing bodies or
an or organization that
actively and directly assists
in the enforcement of laws.
 Police

• Greek word “Politeia”

• Roman - “Politia”
• French – “Police”
Concept of Police
Service

Old Concept

Modern Concept
THEORIES OF POLICE SERVICE

The
The Home
Continental
Rule Theory
Theory
POLICING RULES OR GOALS OF LAW
ENFORCEMENT

Order
Crime
Maintenanc
Prevention
e
 Crime Prevention
Areas of Action

Primary Secondary Tertiary

Prevention Prevention Prevention
 GOVERNMENT POLICE /
LAW ENFORCEMENT
AGENCIES
The executive branch of our government is responsible for executing the laws of the land. In the process of
enforcing them, the agencies, bureaus and departments under it are involved as part of the broad police pillar such as
not limited to the following:
PHILIPPINE NATIONAL POLICE
(PNP)
As mandated in the Art. XVI Sec 6 of the 1987
Philippine 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 National Police
Commission”

PNP was created by virtue of RA # 6975 (DILG

Act of 1990). Later, the agency was reorganized
and professionalized by the enactment of RA #
8551 (PNP Reform and Reorganization Act of
1998)
PHILIPPINE NATIONAL POLICE
(PNP)

It is considered as the premier law enforcement

agency and the front liner of the country against all
forms of crime and criminality.
 PHILIPPINE NATIONAL POLICE
(PNP)

Composition / Member (Under the enactment of RA 6975

• The members of the police forces who were
integrated into the Integrated National Police
(INP) pursuant to Presidential Decree No. 765
• The officers and enlisted personnel of the
Philippine Constabulary (PC) which include
those assigned with the Narcotics Command
(NARCOM) or the Criminal Investigation
Service Command ( CISC);
 PHILIPPINE NATIONAL POLICE
(PNP)

Composition / Member (Under the enactment of RA 6975

• And those of the technical services of the AFP
assigned with the PC and the civilian operatives
of the CISC.
• The regular operatives of the abolished
NAPOLCOM Inspection, Investigation and
Intelligence Branch may also be absorbed by the
PNP.
 PHILIPPINE NATIONAL POLICE
(PNP)

POWERS AND FUNCTION

A. Enforce all laws and ordinances relative to the
protection of lives and properties;
B. Maintain peace and order and take all
necessary steps to ensure public safety
C. Investigate and prevent crimes, effect the arrest
of criminal offenders, bring offenders to justice
and assist in their prosecution;
D. Exercise the general powers to make arrest,
search and seizure in accordance with the
Constitution and pertinent laws;
 PHILIPPINE NATIONAL POLICE
(PNP)
POWERS AND FUNCTION
E. Detain an arrested person for a period not
beyond what is prescribed by law, informing
the person so detained of all his rights under
the Constitution;
F.  Issue licenses for the possession of firearms
and explosives in accordance with law;
G. 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
practice of their professions; and
 PHILIPPINE NATIONAL POLICE
(PNP)

POWERS AND FUNCTION

H. Perform such other duties and exercise all

other functions as may be provided by law.
NATIONAL BUREAU OF
INVESTIGATION (NBI)

It is responsible for handling and

solving syndicated cases that are in the
interest of the nation.
The agency saw inception on
November 13, 1936 upon approval of
Commonwealth Act No 181 by
legislature. It was the brainchild of the
late President Manuel L. Quezon and
Jose  Yulo, then Secretary of Justice.
NATIONAL BUREAU OF
INVESTIGATION (NBI)
Tasked with organizing a Division of
Investigation or DI patterned after the United
States Federal Bureau of Investigation were
Thomas Dugan, a veteran American Police
Captain from the New York Police
Department and Flaviano C. Guerrero, the
only Filipino member of the United States
Federal Bureau of Investigation.
NATIONAL BUREAU OF
INVESTIGATION (NBI)
The Bureau assumed an increasingly
significant role. Thus, June 19, 1947, by
virtue of RA 157, it was reorganized into a
Bureau of Investigation. Later, it was
amended by Executive Order No. 94 issued
on October 4, 1947, renaming it to what is
permanently known, the National Bureau of
Investigation (NBI)
 NATIONAL BUREAU OF
INVESTIGATION (NBI)
Functions:
a)
To undertake investigations of crimes and other offenses
against the laws of the Philippines, upon its own initiative
and as public interest may require;
b)
To render assistance, whenever properly requested in the
investigation or detection of crimes and other offenses;
c)
To act a national clearing house of criminal and other
information for the benefit and use of all prosecuting and
law-enforcement entities of the Philippines, identification
records of all persons without criminal convictions, records
of identifying marks, characteristics, and ownership or
possession of all firearms as well as of test bullets fired
therefrom;
 NATIONAL BUREAU OF
INVESTIGATION (NBI)
Functions:
d) To give technical aid to all prosecuting and law-
enforcement officers and entities of the Government as
well as the courts that may request its services;
e) To extend its services, whenever properly requested in the
investigation of cases of administrative or civil nature in
which the Government is interested;
f) To undertake the instruction and training of a
representative number of city and municipal peace officers
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 duties;
 NATIONAL BUREAU OF
INVESTIGATION (NBI)
Functions:
g) To establish and maintain an up-to-date
scientific crime laboratory and to
conduct researches in furtherance of
scientific knowledge in criminal
investigation;
h) To perform such other related functions
as the Secretary of Justice may assign
from time to time.
 NATIONAL BUREAU OF
INVESTIGATION (NBI)
Organizational Structure/Jurisdiction. The NBI
is a government entity that is civilian in character and
national in scope which is under the Department of
Justice. It is headed by a Director with an Assistant
Director and six (6) Deputy-Directors for:
• Special Investigation Services (SIS)
• Regional Operation Services (ROS)
• Intelligence Services (IS)
• Technical Services (TS)
• Administrative Services (AS)
• Comptroller Services (CS)
 NATIONAL BUREAU OF
INVESTIGATION (NBI)
The “Two Pillar-Rule”
• Thoroughness
• Legality
 NATIONAL BUREAU OF
INVESTIGATION (NBI)
Circumstances under which the NBI may be
contacted
 NATIONAL BUREAU OF
INVESTIGATION (NBI)
Circumstances under which the NBI may be
contacted
PHILIPPINE DRUG ENFORCEMENT AGENCY
(PDEA)
For thirty years, Republic Act # 6425 (Dangerous Drug Act of 1972) had been
the backbone of the Philippine Drug Law Enforcement System. Later, it was
further strengthened by RA # 9165 (Comprehensive Drug Act of 2002). It
defines more concrete courses of action for the national anti-drug campaign and
impose heavier penalty to offenders. Thus, it is the law that create and organized
PDEA.
Organizational Jurisdiction
The enactment of RA # 6195 reorganized the
Philippine drug law enforcement system.
While the Dangerous Drug Board (DDB)
remains as the policy-making body, it created
the Philippine Drug Enforcement Agency
(PDEA) under the Office of the President.
The new law abolished the National Drug
Law Enforcement and Prevention
Coordinating Center, Philippine National
Police Narcotics Group (PNP-NARFRP),
National Bureau of Investigation Narcotics
Unit (NBI NU) , and the Customs Narcotics
Interdiction Office (CNIO)
 BUREAU OF
INTERNAL
REVENUE (BIR)

It enforces tax laws and

regulations. It investigates
tax evasion cases and arrest
similar violators. It is under
the Department of Finance.
 BUREAU OF
CUSTOMS
(BOC)
It is under the supervision and
control of the Department of
Finance that is tasked to
enforce custom and tariff duties
in all the Philippine airports and
seaports nationwide. It
investigates and arrest
smugglers and those suspected
violators of custom laws.
 BANGKO
SENTRAL NG
PILIPINAS (BSP)
This agency regulates
banking industry and
enforces banking laws. It
investigates arrests and
prosecutes counterfeit
currency manufacturers and
passers.
BUREAU OF FOOD
AND DRUGS (BFAD)
It enforces and regulates manufacture of
food and drugs. It investigates and
arrests unscrupulous manufacturers and
makers of substandard food and drugs
without license or permits. The agency
is under DOH
Under RA 9711 The Bureau of Food and
Drugs (BFAD) is hereby renamed the
Food and Drug Administration (FDA).
 INTELLECTUAL
PROPERTY OFFICE
(IPO)
An interagency attached under
the Department of Trade and
Industry. Its mission is to enforce
all laws pertaining to the
intellectual property and
copyright violators. It
apprehends and prosecutes
violators thereof.
 LAND
TRANSPORTATION
OFFICE (LTO)
Tasked to regulate land
transportation industry and
enforces transportation and
regulations. It investigates,
arrests and prosecute “colorum”
or out of the line vehicles.
 MOVIE AND TELEVISION
REVIEW AND
CLASSIFICATION BOARD
(MTRCB)
It operates against pornography
films shown on televisions and
movie houses.
 OPTICAL MEDIA
BOARD (OMB)
Formerly known as Videogram
Regulatory Board, the OMB
operates against proliferation of
fake and pirated VHS, DVD,
VCD or CD Tapes