Police/Law Enforcement

Chapter 2
The first pilar stand as the forefront and prime mover of the justice
system which have the following goals to wit:

1. Crime Prevention
2. Arrest or Criminal Apprehension
3. Criminal Investigation
4. Order maintenance
5. Public Service
6. Traffic regulation and motor accident investigation
 THE ROLES IN CRIMINAL JUSTICE
SYSTEM
• To conduct criminal investigation
• To make an arrest or criminal apprehension
• To conduct search and seizures
• To prepare and file complainant
• To participate in the prosecution of criminal cases
 THE POLICE
The police or the law enforcers are the most visible
representative of the society. The first line of defense
against crime, for only if the police arrest suspect will
arrest the criminal justice come into play in prosecuting
, trying convicting and rehabilitating the offenders.
 THE PHILIPPINE NATIONAL POLICE
The PNP is considered as the premier law enforcement and/or
of agency in our country. However, this does not mean that this
agency under the is the sole law enforcement in this
jurisdiction.
Under Article XVI, Section of the 1987 Philippine Constitution
provides: The state shall establish and maintain one police force
, which shall be national in scope an civilian in character , to be
administered an controlled by a national police commission.
The authority of local executives over the police units in their
jurisdiction shall be provide by law
 Function
•Enforce all laws and ordinance relative to the protection of lives
and properties of lives and properties.
•Maintain peace and order and take all necessary step to ensure
public safety.
• Investigate and prevent crimes, effect the arrest of criminal
offenders, bring offenders to the 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
 THE NATIONAL BUREAU OF INVESTIGATION
In the Philippines, the National Bureau of Investigation (NBI)
is an agency under the Department of Justice. It serves as the
premier investigative agency, tasked with handling and
solving major crimes, providing support to law enforcement
agencies, and conducting background checks for various
purposes such as employment and government positions. The
NBI plays a crucial role in maintaining law and order in the
Philippines by investigating and addressing a wide range of
criminal activities.
 The National Bureau of Investigation (NBI) in the Philippines
performs a variety of functions, including:
1. Criminal Investigation:
- Conducting investigations into major crimes, such as homicide, robbery, and
cybercrime.
- Uncovering and gathering evidence to build strong cases for prosecution.

2. Forensic Services:
- Providing forensic expertise to analyze physical evidence like DNA, fingerprints,
and other crime scene evidence.
- Utilizing advanced forensic technology for accurate and reliable analysis.

3. Intelligence Services:
- Gathering and analyzing intelligence related to criminal activities and threats to
national security.
- Collaborating with other intelligence agencies to enhance information sharing.
4. Support to Law Enforcement:
- Assisting and supporting local law enforcement agencies in their investigations.
- Coordinating with other agencies to address cross-jurisdictional crimes.

5. Background Checks:
- Conducting background checks for various purposes, including employment,
government positions, and other security-related clearances.
- Verifying the credentials and histories of individuals for security and public
safety.

6. Criminal Records Management:

- Maintaining a comprehensive database of criminal records.
- Providing access to criminal records for law enforcement and authorized entities.
7. Legal Assistance:
- Providing legal assistance and expertise in the prosecution of cases.
- Collaborating with prosecutors to ensure a strong legal basis for cases.

8. International Collaboration:
- Cooperating with international law enforcement agencies to address transnational
crimes.
- Participating in joint operations and sharing information to combat global
criminal networks.
 The National Bureau of Investigation (NBI) in the Philippines has a
specific jurisdiction defined by law. Its jurisdiction covers a wide
range of areas, including:
1. National Jurisdiction:
- The NBI has jurisdiction over cases that are national in scope or involve multiple
regions and jurisdictions within the country.

2. Major Crimes:
- The NBI is primarily tasked with investigating major crimes such as heinous
offenses, organized crime, drug-related crimes, and other serious violations.

3. Transnational Crimes:
- The NBI has authority in cases involving transnational crimes that cross
international borders, collaborating with other countries and international law
enforcement agencies.
4. Crimes Against Public Order and Safety:
- The NBI investigates crimes against public order and safety, including
terrorism, insurgency, and other threats to national security.
5. Government Officials and Employees:
- The NBI is empowered to investigate cases involving government officials
and employees to ensure accountability and integrity within public service.
6. Special Cases:
- The NBI handles special cases assigned by the President, Department of
Justice, or other higher authorities, showcasing its flexibility in addressing
unique and critical situations.
The National Bureau of Investigation emerges as a linchpin in the
Philippines' pursuit of a secure and just society. With its multifaceted
functions, broad jurisdiction, and unwavering commitment to justice,
the NBI stands resilient in the face of challenges. Its collaborative
approach and significant contributions to solving major cases
underscore its indispensable role in maintaining law and order. The
National Bureau of Investigation remains a crucial force, dedicated
to upholding the rule of law and ensuring the safety and well-being
of the Filipino people.
 ELEMENTS OF INVESTIGATION PROCESS
1. Recognition- involves the efforts of identifying data, including physical
things that may provide relevant information regarding the criminal case
being investigated.

2. Collection- refers to the act of gathering those identified data or facts, or

physical things that are significant to the case under investigation.

3. Preservation- includes act of keeping the collected evidences in their true

and original for, preventing contamination or destruction of its substantive
value.

4. Evaluation- the process of determining the probative value of the

evidence.
Phases of criminal investigation
Phase I aims to identify the suspect/s through (1) confession; (2) eyewitness testimony, (3)
circumstantial evidence; and (4) associate evidence. Phase II is the stage to locate and apprehend
suspect/s. Phase III is the time of gathering and providing evidence to establish the guilt of the
accused.
 ARREST: CRIMINAL APPREHENSION

The right of the people to be secure in their persons,

houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no Warrants shall
issue but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
 METHODS OF ARREST
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 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
(Section 7, Rule 113).
 RIGTHS OF ARRESTING OFFICER TO BREAK INTO
AND BREAKOUT

a.) The Right of officer to break into building or enclosure.

An officer, in order to make an arrest either by virtue of a

warrant, or without a warrant as provided in section 5, may
break into any building or enclosure where the person to be
arrested is or is reasonably believed to be, if he is refused
admittance thereto, after announcing his authority and purpose.
(Section 11, Rule 113)
 Right of attorney or relative to visit person arrested
Any member of the Philippine Bar shall, at the
request of the person arrested or of another, acting
in his behalf, have the right to visit and confer
privately with such person in the jail or any other
place of custody at any hour of the day or night.
Subject to reasonable regulations, a relative of the
person arrested can also exercise the same right
(Section 14, Rule 113).
 HOW TO OBTAIN A SEARCH WARRANT
1.The law enforcement officer must provide information amounting to probable
cause. Probable cause refers to the facts and circumstances that will lead a
reasonably discreet and prudent man to believe that an offense has been
committed and that the object sought in connection with the offense is in the
place sought to be searched.

2. Data such as the address or the description of the place to be searched must be
supplied to the judge.

3. The request must also include the crime or activities to be investigated

 SEARCHED WARRANT DEFINED

A 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 described therein
and bring it before the court (Section 1. Rule 126)
 Elements of Search Warrant

1. Written order

2. Signed by the judge in the name of the People of the

Philippines

3. Commanding a peace officer to search personal property

4. To seize and bring such personal property to the court

 BREAK TO BREAK DOOR OR WINDOW TO
EFFECT SEARCH
The officer, if refused admittance to the place of directed
search after giving notice of his purpose and authority,
may break open any outer or inner door or window of a
house or any part of house or anything therein to execute
the warrant to liberate himself or any person lawfully
aiding him when unlawfully detained therein (Section 8.
Rule 126).
 THE TWO WITNESSES OF RULE
No search of a house, room, or any other
premises shall be made except in the presence
of the lawful occupant thereof or any member
of his family or in the absence of the latter,
two witnesses of sufficient age and discretion
residing in the same locality. (Section 8. Rule
126)
Maraming Thankyou