PRELIMINARIES

• 1. WHO IS A CRIMINAL?=A PERSON CONVICTED OF A CRIME BY A FINAL

JUDGMENT.

2. WHAT IS THE DEFINITION OF CRIME AND WHAT ARE ITS CLASSIFICATION?

=A CRIME IS AN ACT OR OMISSION PUNISHABLE BY LAW, FORBIDDING OR
COMMANDING IT.

THE LEGAL CLASSIFICATION OF CRIME:

A. ACCORDING TO THE LAW PUNISHING IT;
* FELONY;
* OFFENSE; AND
* VIOLATION OR OBSTRUCTION OF ORDINANCE

B. ACCORDING TO PRESENCE OR ABSENCE OF INTENT;

* INTENTIONAL CRIME; AND
* CULPABLE CRIMES
 C. According to gravity
* grave
* less-grave
* light felonies

d. According to impact to the society

* crimes mala inse
* crimes mala prohibita

e. According to presence or absence of attempted and frustrated stage.

* Formal crime
* material crimes

3. As stated above, a person is considered criminal if he is convicted of a crime by a final judgment. When
does judgment of conviction become final?
a. After the lapse of fifteen (15) days to appeal
b. When the accused waives his right to appeal
c. When the accused applied for probation
d. when the case is decided with finality by the Supreme Court and the right to file a motion for
reconsideration is closed.
4. What is the definition of justice?
= Justice is the act of rendering what are due or treating persons equally.

5. It is stated in the fact about criminal justice system that the search of justice is based on perseverance.
What does it mean? It means that justice cannot be attained at an instant. Sometimes, the victims or even
the accused may suffer physically, emotionally and financially only to find out later that their sufferings
are useless.

6. What is the meaning of system? = System is a combination of related elements organized into a
complex whole. It may also refer to a process to be followed.

7. What is criminal justice system? = It is the machinery which the society uses in the prevention and
control of crime. It may also refer to the totality of the activities of the five pillars in crime prevention and
control.

What are the Five Pillars of the Criminal Justice System? And its functions
1. Law Enforcement Agencies/Police
=The law enforcement agencies/police conduct arrest, search, seizure, etc. this is known as the prime
mover or front liner of the criminal Justice System.
 B. Prosecution
= the prosecution conduct preliminary investigation to determine the existence of probable
course. It may also conduct inquest proceeding to determine the validity of the arrest of a person
who allegedly committed a crime. If find out that no probable cause I a preliminary investigation
or if the arrest is valid in an inquest proceeding, it must execute an information to be filed in
court.

C. Court
= the court conduct trial to determine whether the accused is guilty or innocent of the
charge.

D. Correction
= the correction reforms and rehabilitates offenders. This is known as the weakest pillar of
criminal justice system.

E. Community
= the community mold persons from birth and reintegrate offenders back to their home.
This is known as the core of criminal justice system
What are the different police activities?
* Prevention of crime
* repression or suppression of crime
* apprehension of offenders
* conduct search and seizure
* investigation of crime
*protection of live and property

definition of terms related to community oriented policing system

a. Public relation=is the act of bringing about better understanding, confidence, and
acceptance of an individual and or organization.
B. Police public relation=is the continuing process by which endeavors are made to obtain the
goodwill and cooperation of the public for the effective enforcement of the law and the
accomplishment of police purpose.
C. Human relation= consist of fundamental precepts, both moral and legal, which governs the
relationship among men in all aspects of life
THE FORMULA OF CRIME
crime = desire + opportunity (to commit crime)
resistance (not to commit crime)
* if the combination of desire and opportunity is stronger than resistance, crime will be
committed
* if the combination of desire and opportunity is weaker than resistance, crime will not be
committed.

WHAT IS ARREST AND HOW SHALL IT BE CONDUCTED?

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

THE MANNER OF CONDUCTING ARREST

* an arrest is made by actual restraint of a person to be arrested, or by his submission to the
custody of the person making the arrest.
RULES TO BE CONSIDERED IN CONDUCTING ARREST
* No violence or unnecessary force shall be used in making an arrest
* the person to be arrested shall not be subjected to a greater restraint than that necessary for his
detention
* it shall be the duty of the officer executing the warrant to arrest the suspect and deliver him to
the nearest police station or jail without unnecessary delay.
* The head of the office to whom the warrant of arrest was delivered for execution shall cause the
warrant to be executed within ten days from the receipt.
* The arrest may be made on any day and at any time of the day or night.

WARRANT OF ARREST=Is an order in writing issued in the name of people of the Philippines,
signed by the judge and directed to a peace officer, commanding him to arrest a person or persons
stated therein and deliver them before the court.

REQUISITE OF WARRANT OF ARREST

* It shall issued upon probable cause
* The probable cause is determined personally by the judge upon examination under oath or
affirmation of the complainant and the witnesses he may produce
* Particularly describing the person to be arrested
WHAT IS JOHN DOE WARRANT
= IS THAT ISSUED FOR APPREHENSION OF A PERSON WHOSE TRUE NAME IS
UNKNOWN. IT SATISFIES THE CONSTITUTIONAL RIGHT OF PARTICULAR IF
ARRESTING OFFICER TO IDENTIFY HIM

WHAT IS THE LIFE SPAN OF WARRANT OF ARREST?

= As long as the person stated in the warrant is not arrested, it shall remain valid even if several
years already lapsed. However, the head of the office to whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed within ten days from its receipt.

AS A GENERAL RULE, EVERY ARREST MUST BE DONE BY VIRTUE OF WARRANT OF

ARREST. HOWEVER THERE ARE EXEMPTION TO THE RULE AND THEY CALLED IT
WARRANTLESS ARREST
* When in the presence of the arresting officer, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense
* when an offense has just been committed and the arresting officer has probable cause to believe
based on personal knowledge of facts and circumstances that the person to be arrested committed it.
* When the person to be arrested is a prisoner who has escaped from penal establishment .
METHOD OF CONDUCTING ARREST WITH WARRANT OF ARREST BY A POLICE
OFFICER
= 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 the fact that a warrant has been issued for his arrest, except
when he flees or forcibly resists before the officer has opportunity to inform him or when giving
such information will imperil the aRREST.

METHOD OF CONDUCTING ARREST WITHOUT WARRANT BY A POLICE OFFICER

= When making an arrest without warrant, the officer shall inform the person to be arrested of
his authority and the cause of the arrest, unless the letter is either engaged in the commission of
an offense, is pursued immediately after its commission, to inform him, or when the giving of
such information will imperil the arrest.

METHOD IN CONDUCTING ARREST BY A PRIVATE PERSON

= A private person, when making an arrest, shall inform the person to be arrested of the
intention to arrest him and the 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.
RIGHTS OF POLICE OFFICERS CONDUCTING ARREST
* THE RIGHT TO SUMMON ASSISTANCE
* RIGHT TO BREAK INTO BUILDING OR ENCLOSURE AND
* RIGHT TO BREAK OUT FROM BUILDING OR ENCLOSURE

RIGHTS OF ARRESTED PERSONS

* RIGHTS AGAINST TORTURE, FORCE, INTIMIDATION AND THE LIKES, AND
RIGHTS TO BE VISITED AND CONFERRED PRIVATELY WITH HIS LAWYER IN THE
JAIL OR ANY OTHER PLACE OF CUSTODY AT ANY HOUR OF THE DAY OR NIGHT,
SUBJECT REASONABLE REGULATIONS.

WHAT POSSIBLE CRIMES THAT MAY BE COMMITTED BY A POLICE OFFICER WHILE

CONDUCTING ARRESTS WITH OR WITHOUT WARRANT
* DELAY IN THE DELIVERY OF ARRESTED PERSONS TO THE PROPER JUDICIAL
AUTHORITY
* UNLAWFUL ARREST
* EXPULSION
WHAT IF THE PERSON LAWFULLY ARRESTED?
ANY PERSON MAY IMMEDIATELY PURSUIT OR RETAKE HIM WITHOUT WARRANT AT ANY
TIME AND TO ANY PLACE WITHIN THE PHILIPPINE ISLAND. THIS IS KNOWN AS HOT PURSUIT.

WHAT IS SEARCH WARRANT?

= SEARCH WARRANT IS AN ORDER IN WRITING ISSUED IN THE NAME OF THE PEOPLE OF
THE PHILIPPINES, SIGNED BY A JUDGE AND DIRECTED TO A PEACE OFFICER, COMMANDING
HIM TO SEARCH FOR PERSONAL PROPERTY DESCRIBE THEREIN AND BRING IT BEFORE THE
COURT.

REQUISITE OF A VALID SEARCH WARRANT

* SHALL BE ISSUED UPON PROBABLE CAUSE
* THE PROBABLE CAUSE IS DETERMINE PERSONALLY BY THE JUDGE UPON
EXAMINATION UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND
* PARTICULARLY DESCRIBING THE THINGS AND PLACE TO BE SEARCH.

SUBJECT OF SEARCH WARRANT

* SUBJECT OF THE OFFENSE
* STOLEN OR EMBEZZLED AND OTHER PROCEEDS OR FRUITS OF THE OFFENSE
* USED OR INTENDED TO BE USED AS A MEANS TO COMMIT A CRIME
WHEN TO SERVE A SEARCH WARRANT
= A SEARCH WARRANT MUST DIRECT THAT IT BE SERVED IN THE DAY TIME,
UNLESS THE AFFIDAVIT ASSERTS THAT THE PROPERTY IS ON THE PERSON OR ON THE
PLACE ORDERED TO BE SEARCHED. IN WHICH CASE, A DIRECTION MAY BE INSERTED
THAT WILL BE SERVE AT ANY TIME OF THE DAY AND NIGHT
LIFE TIME OF SEARCH WARRANT
= A SEARCH WARRANT SHALL BE VALID WITHIN (10) DAYS FROM ITS DATE.
THEREAFTER, IT SHALL BE VOID.

THE DISTINCTION BETWEEN WARRANT OF ARREST AND SEARCH WARRANT:

A. THE WA AND SA ARE ORDERS IN WRITING ISSUED IN THE NAME OF THE
PEOPLE OF THE PHILIPPINES, SIGNED BY A JUDGE, AND DIRECTED TO A PEACE
OFFICER;
B. THE WA AND SA ARE ISSUED ONLY UPON PROBABLE CAUSE;
C. THE WA IS INTENDED TO ARREST A PERSONS, WHILE A SA IS INTENDED TO
SEARCH AND SEIZE THINGS SPECIFIED THEREIN;
 D. THE WARRANT OF ARREST REMAINS VALID AS LONG AS THE PERSON STATED
THEREIN IS NOT ARRESTED REGARDLESS OF THE NUMBER OF DAYS THAT ALREADY
LAPSED, WHILE A SEARCH WARRANT IS VALID ONLY WITHIN 10 DAYS FROM ISSUE;
E. THE WARRANT OF ARREST MAY NOT BE IN POSSESSION OF THE ARRESTING
OFFICER WHEN CONDUCTING THE ARREST. WHILE SEARCH WARRANT MUST BE IN
POSSESSION OF THE POLICE OFFICER WHEN CONDUCTING SEARCH AND SEIZURE;
F. THE WARRANT OF ARREST MAY BE EXECUTED ANYTIME OF THE DAY AND NIGHT,
WHILE SEARCH WARRANT, AS A RULE, MUST BE EXECUTED DURING DAYTIME.

RULES IN CONDUCTING SEARCH AND SEIZURE:

AS A GENERAL RULE, EVERY SEARCH AND SEIZURE MUST BE DONE BY VIRTUE OF A
SEARCH WARRANT.
EXEMPTION TO THIS RULE
A. CONSENTED SEARCH D. SEARCH OF A MOVING VEHICLE(CHECKPOINT)
B. SEARCH INCIDENTAL TO LAWFUL ARREST; E. CUSTOMS SEARCH
C. PLAINVIEW SEARCH F. STOP AND FRISK G. EMERGENCY CIRCUMSTANCES
PLAIN VIEW DOCTRINE DEFINED= IS THAT WHICH JUSTIFIES A SEARCH WITHOUT
WARRANT WHERE THE POLICE OFFICER IS NOT SEARCHING FOR EVIDENCE
AGAINST THE SUSPECT, BUT INADVERTENTLY COMES ACROSS AN INCRIMINATING
OBJECT.
POSSIBLE CRIMES THAT MAY BE COMMITTED BY POLICEMEN WHILE
CONDUCTING SEARCH
A. VIOLATION OF DOMICILE
B. SEARCH WARRANT MALICIOUSLY OBTAINED
C. ABUSE IN THE AUTHORITY OF SEARCH WARRANTS LEGALLY OBTAINED
D. SEARCHING DOMICILE WITHOUT WITNESSES

CUSTODIAL INVESTIGATION = ANY QUESTIONING INITIATED BY LAW

ENFORCEMENT OFFICER AFTER A PERSON HAS BEEN TAKEN INTO CUSTODY OF
OTHERWISE DEPRIVED OF HIS FREEDOM OF ACTION IN ANY SIGNIFICANT WAY.
REQUISITES OF CUSTODIAL INVESTIGATION
* THE QUESTIONS BEING ASKED ARE NO LONGER GENERAL INQUIRY;
* THE PERSON BEING QUESTIONED IS CONSIDERED AS A SUSPECT IN THE CRIME
COMMITTED

THREE TOOLS OR I’S OF INVESTIGATION

A. INFORMATION
B. INTERROGATION
C. INSTRUMENTATION

DISTINGUISHED INTERVIEW AND INTERROGATION

= INTERVIEW IS THE QUESTIONING OF A PERSON WHO ISBELIEVE TO POSSES
KNOWLEDGE THAT IS OF OFFICIAL INTEREST TO THE INVESTIGATOR WHILE
INTERROGATION IS THE QUESTIONING OF A PERSON WHO IS SUSPECTED OF HAVING
COMMITTED AN OFFENSE OR A PERSON WHO IS RELUCTANT TO GIVE FULL DISCLOSURE
OF INFORMATION IN HIS POSSESSION,
RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION
* RIGHT TO BE INFORMED OF HIS RIGHT TO REMAIN SILENT
* RIGHT TO HAVE A COMPETENT AND INDEPENDENT COUNSEL PREFERABLY
OF HIS OWN CHOICE OR TO BE PROVIDED WITH ONE.
* RIGHT AGAINST TORTURE, FORCE, VIOLENCE, THREAT, AND INTIMIDATION
OR ANY OTHER MEANS WHICH VITIATES HIS FREE WILL
* RIGHT NOT TO BE HELD IN SECRET, SOLITARY, INCOMMUNICADO, OR ANY
OTHER SIMILAR FORMS OF DETECTION.

WHAT IS THE DIFFERENCE BETWEEN CONFESSION AND ADMISSION

=CONFESSION IS THE DIRECT ACKNOWLEDGEMENT OF GUILT, WHILE
ADMISSION IS THE INDIRECT ACKNOWLEDGEMENT OF GUILT.
JUDICIAL CONFESSIONS/ADMISSIONS ARE THOSE DONE IN OPEN COURT IN THE
PRESENCE OF JUDGE
EXTRA JUDICIAL CONFESSION/ADMISSION ARE THOSE MADE OUTSIDE TRIAL..
TWO KINDS OF COERCED OR INVOLUNTARY CONFESSIONS UNDER SECTION
TWO(2), ARTICLE 111 OF THE CONSTITUTION.
1. CONFESSIONS WHICH ARE THE PRODUCT OF THIRD DEGREE METHODS SUCH
AS TORTURE, FORCE, VIOLENCE, THREAT, INTIMIDATION AND COERCED OR
INVOLUNTARY CONFESSIONS ARE INADMISSIBLE AS EVIDENCE BEING THE FRUIT
OF THE POISONED TREE.
2. THOSE WHICH ARE GIVEN WITHOUT THE BENEFIT OF MIRANDA WARNINGS.

REQUISITE BEFORE AN EXTRA-JUDICIAL CONFESSION OR ADMISSION IS

ADMISSIBLE.
1. VOLUNTARY
2. MADE WITH THE ASSISTANCE OF COMPETENT AND INDEPENDENT COUNSEL
3. EXPRESS
4. IN WRITING
CRIMES THAT MAY BE COMMITTED BY LAW ENFORCERS WHILE CONDUCTING
CUSTODIAL INVESTIGATION.
1. VIOLATION OF PARAGRAPH A(1), SECTION 3 OF RA 7438
2. VIOLATION OF PARAGRAPH A (2) SECTION3 OF RA 7438
3. VIOLATION OF PARAGRAPH B. SECTION 3 OF RA 7438
WHY IS IT THAT POLICEMEN WHO ABUSE THE AUTHORITY GIVEN TO THEM ARE
BEING PUNISHED?
THE PHILIPPINE CONSTITUTION PROVIDES THAT THE PUBLIC OFFICE IS A
PUBLIC TRUST. PUBLIC OFFICERS AND EMPLOYEES MUST AT ALL TIMES BE
ACCOUNTABLE TO THE PEOPLE, SERVE THEM WITH UTMOST RESPONSIBILITY,
INTEGRITY, LOYALTY, AND EFFICIENCY, ACT WITH PATRIOTISM AND JUSTICE. AND
LEAD MODEST LIVES.