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STUDY GUIDE FOR MODULE NO. ___

2

The Law Enforcement Pillar

MODULE OVERVIEW

The Law Enforcement Pillar is the first pillar of the criminal justice system considered as the prime
mover of the CJS process. They are the first essential process to take action in the investigation and
gathering of evidences once a crime is detected or reported.

This module covers the historical development and organization of law enforcement, its component
with the corresponding functions and organization as created and mandated by law. It includes the steps and
procedure of the law enforcement process as part of the criminal justice system.

MODULE LEARNING OBJECTIVES

At the end of this module, the student should be able to:

1. Recall the historical development and organization of law enforcement;

2. Determine the functions and organization of the law enforcement component such as the PNP, NBI, PDEA
and others;
3. Identify and explain the function and process of the Law Enforcement Pillar as the prime mover of the
criminal justice system.

LEARNING CONTENTS (title of the subsection)

2.1. History and Organization of Law Enforcement

General overview of Policing

Policing/ Law Enforcement can be traced back to the cave dwellers, who were expected to follow
certain rules or face banishment or death. The customs depicted in early cave dwelling may represent the
beginning of law and law enforcement.

The prehistoric social order consisted of small family groups living together as tribes or clans. Group
living gave rise to customs everyone was expected to observe. The tribe’s chief had executive, legislative and
judicial powers and often appointed tribe members to perform special tasks to include guarding the community
against depredation of lawless elements.

Crimes committed by individuals were handled by the victim or victim’s family. The philosophy of
justice was retaliatory, that is, the offender must be punished. Punishments were harsh and barbaric. For
serious offenses, punishment includes death penalty carried out by beheading, hanging, drowning, crucifixion,
banishment, social degradation, slavery and many more. The words of the tribe’s chief were considered the
laws.
After so many years of unorganized and barbaric policing system, the modern limelight came when a
bill creating the Scotland Yard was passed by the parliament of England. It was sponsored and expanded by
Sir Robert Peel who was made to be the first head of the police organization. He was referred as the Father
of Modern Policing System due to his contributions in the modernization of the police force. The following
principles were considered in the organizing and administering the Scotland Yard known as the Peel’s
Principles:
1. Stable and effective police force should be under government control.
2. Absence of crime is the best proof of efficiency.
3. Fast distribution of news to the people is essential.
4. Proper distribution of personnel according to shift and by hour.
5. The best qualification of peace officers is control of temper.
6. Proper selection of training is the basis of efficiency.
7. Police cannot function properly without wholehearted support of the people.
8. Every police must sell himself to the people.

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9. Police officers must go out of their way to help or assist the people.
The word “police” originated from the Greek word “Politeia” meaning government of a city. It applied
to civil officers and not necessarily policeman. The Romans changed the word slightly to “ Politia”. The
French changed the word to “Police” and applied it to that person who actually enforced the law. Thereafter,
the English and American borrowed the word intact from the French and used it to describe a law enforcer.

Law Enforcement Organization in the Philippines

Law enforcement organization in the Philippines started from the smallest unit in the society which is
the family. Law enforcement from the family was enforced by both parents, but remained patriarchal in nature
with the father as the family provider creates the rules of the house and the mother enforcing them. When
families organized themselves into tribes or clans, law enforcement widened its scope. Group living gave rise
to customs everyone was expected to observe. The tribe’s chief had executive, legislative and judicial powers.
With the tribe elder’s realization with the need to protect the community against other tribes and lawless
elements, the need for able-bodied young men arose. These men were made to undergo rigorous tests of
loyalty and bravery. Afterwards, they were entrusted to enforce the rules and maintain peace and order
(Capulso & Saluba 2016).

Law enforcement during the Spanish Regime was inherently a part of the military system. The locally
organized police forces although performing civil duties and seemingly created for the purpose of maintaining
peace, were in fact directly commanded by the colonial military government.

Police functions at this time involve the following:

a. Suppression of brigandage by patrolling unsettled areas
b. Detection of local or petty uprising
c. Enforcement of the tax collection, including church revenues

Police forces organized during the Spanish Regime were:

a. Carabineros de Seguridad Publica (Mounted Police) – this was organized in 1712. Its purpose is
to carry out regulations of the Department of the State. The carabineros are members of the Spanish
militia or riflemen.
 The Royal Decree of December 20, 1892 change its name into “Cuerpo de Carabineros de
Seguridad Publica”. Their duties were the prosecution of lawbreakers and criminals; maintenance
of peace, order and security, watching and guarding the customhouses, rivers, seacoasts and
prevention of the entry of contraband.
b. The Royal Decree of January 8, 1836 organized the first Rural Police Organization in each town the
“Guardrilleros” their function were maintaining public security and order, patrolling in dark and
unsafe places, guarding the tribunal of municipal building and prison houses.
c. “Guardia Civiles” or “Guardia Civil” was created by virtue of a Royal Decree on February 12, 1852.
The purpose of its creation was to relieve the Spanish militia in its policing functions.
d. During the American occupation from 1899-1901, the Philippine Commission organized the Insular
Force through Act No.175 on July 18, 1901 “An act providing for the Organization and
Government of Insular Constabulary”. Its functions were to preserved peace, keeping order and
enforcing laws. The Philippine Constabulary was headed by General Henry Allen.
e. The beginning of police reformation and professionalization started on September 8, 1966 under
Republic Act 4864 otherwise known as the Police Act of 1966. The objective of this act was to
improve the efficiency of the police performance, and a National Police Commission was created to
oversee the police function, to make them uniform, disciplined and accountable. NAPOLCOM was
responsible with the administration, training, control and punishment of the police forces.
f. On August 8, 1975, Presidential Decree 765 created the Integrated National Police. During this
time there were two police organization; Philippine Constabulary (PC) serves as the national police
while the Integrated National Police (INP) serves as the local police.
g. On January 1, 1991 Republic Act 6975 took effect, the law unified the local and national police into
Philippine National Police having only one police organization, that is national in scope and
civilian in character.
h. On February 17, 1998 an act was passed by the 10 th Congress Republic Act No. 8551 “THE
PHILIPPINE NATIONAL REFORM AND REORGANIZATION ACT OF 1998”. To date this law
governs the Philippine National Police organization, whose intention is to provide effective and
efficient police organization and professionalization of the performance of their functions.

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2.2. Law Enforcement Component (Functions and Organization as Created and Mandated by Law)

In the Philippines, the law enforcement function is spearheaded by the Philippine National Police
(PNP), the Department of the Interior and Local Government (DILG), and the National Bureau of Investigation
(NBI) under the Department of Justice (DOJ).

Importance of Law Enforcement

Law enforcement is a deterrent and preventive activity. The criminal justice system begins in law
enforcement because they are the one in-charged with the enforcement of laws, rules and regulations,
maintenance of peace and order and to protect the people from harassment or invasion. The law enforcer is
responsible in arresting, detaining or investigating a person suspected in the commission of a crime as well as
the gathering and preserving of evidence that may be utilized in trial proceedings.
When the one in charge does not know the proper procedure in apprehending a criminal, as a
consequence, the individual may be held accountable to the person illegally arrested and the state. Lack of
capability in carrying out investigations and preparing reports also makes law enforcement difficult.
Procedures and report may not be admissible in court if they are made with patent errors in the appreciation
of either fact or law. Thus, proper documentation is essential in conducting these activities. Moreover,
prosecutors refer their decision on whether a probable cause exists in the records presented by law enforcers.
The law enforcer must also know the rules and regulations in detaining an apprehended person, lest
he/she face charges of illegal detention. If the law enforcer does not follow these rules and regulations, the
perpetrator may be set free.
Arresting a person is a dangerous but necessary part of law enforcement. Procedures must be
followed to avoid accidents or loss of life on the part of the arresting officer, the person being arrested, or any
other person not involved in the arrest but is present during the arrest.
All of the aforementioned are risks taken by law enforcers. Thus, a better way of training and
educating these officers of the law is essential if they are to do their jobs properly.

FUNCTIONS OF LAW ENFORCEMENT

According to Orlando Wilson, the father of Modern Police Administration, the following are the functions of
police:
1. Patrol (mobile and foot) within the vicinity of the precinct or its area of jurisdiction.
2. Traffic enforcement (i.e., the implementation of ordinances against jaywalking and other offenses such as
the ban on drunk driving)
3. Detection/investigation of crimes
4. Vice Control ( i.e., the implementation of ordinances against smoking in public or drinking of alcoholic
beverages in the streets)
5. Juvenile Delinquency control
6. Records and communication (for purposes of documentation)
7. Laboratory maintenance (to test drug abusers and to study the hazardous chemicals used in a crime and to
store the same as evidence)
8. Jail operation (including the upkeep of detention cells)
9. Maintenance (e.g. of office equipment, vehicles and the armory)
10. Planning (for surveillance arrest etc.)
11. Inspection (e.g., monthly, yearly, or surprise inspections of police outposts, camps, etc. to ensure the
proper implementation of plans and programs)
12. Budget and accounts (i.e., the PNP has its own annual budget and hires its own bookkeepers)
13. Personnel Maintenance (e.g. training, research, scholarship grants etc.)
14. Public Relations (e.g. the PNP is faced with many public issues and concerns that should be resolved to
keep the public image of the organization credible)
15. Intelligence (i.e., the most important function in law enforcement today is the acquisition of accurate data.
Without intelligence the PNP will be weak and powerless.)

BASES OF LAW ENFORCEMENT IN THE PHILIPPINES

1. Act No. 3815 or the Revised Penal Code
2. Special laws
3. Local ordinances

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THE PNP AS THE PRIME MOVER OF PHILIPPINE LAW ENFORCEMENT

As the major players in the first pillar of the Philippine criminal justice system, PNP members and
officials should be well-educated and trained psychologically and physically fit.
The word police mean the arrangements made in a civilized state to ensure that the inhabitants keep
the peace and obey the laws (Domingo, 2013). Police work is a public office; public office is a public trust. As
an office created by law, the PNP’s functions are also mandated by law.
Law enforcement as the first pillar of criminal justice system places police work in the front line of the
criminal justice system.

ORGANIZATIONAL STRUCTURE

Figure 2.1. PNP Organizational Structure

1. Relationship of the PNP to the DILG

Pursuant to Republic Act No. 6975 as amended by Republic Act No. 8551, The PNP in under the
administrative control and operational supervision of the National Police Commission. Meanwhile, the
NAPOLCOM is an attached agency of the Department of the Interior and Local Government for policy and
program coordination. The Secretary of the Interior and Local government is mandated to be the Ex- Officio
Chairman of NAPOLCOM.

2. THE PNP ORGANIZATIONAL STRUCTURE

In order to accomplish the mission, powers and functions of the PNP, its structure was provided for as follows:
1. The PNP Command Group is headed by the Chief PNP who is vested with the power to command
and direct the PNP. He is also assisted by two Deputies assigned to the administration of the PNP and
one for operations side.
2. The Chief of the Directorial Staff  serves as the Chief Operations Officer of the PNP. He
coordinates, supervises, and directs the Directorial Staff and the PNP units in the performance of their
respective functions.
3. The Internal Affairs Service (IAS) is headed by a Inspector General who assists the Chief PNP in
ensuring operational readiness and investigates infractions of the regulations committed by the members
of the PNP.
4. The Human Rights Affairs Office (HRAO)  is headed by a senior police commissioned officer who
serves as a manager of the facility that will supervise the implementation of the guidelines and policies on
human rights laws.

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5. The Center for Police Strategy Management (CPSM)  serves as the Central facility of the PNP in
coordinating and integrating all strategy management processes, sustaining its strategy execution and
management, and instilling in the organization a culture of strategy focus.
6. The Directorial Staff is composed of 16 directorates. Every Director in each unit has also his defined
function in line with his specialization as follows:

o The Directorate for Personnel and Records Management (DPRM) . The director optimizes the
utilization of personnel resources both from the PNP- uniformed and non- uniformed personnel.
o The Directorate for Intelligence (DI) . The director manages the gathering/collating of intelligence
objectives through effective management of all intelligence and counter-intelligence activities of the PNP.
He also serves as the linkage of all foreigners with official transactions with the chief PNP.
o The Directorate for Operations (DO) . The director exercises the command, the control, the direction, the
coordination and the supervision of all activities on PNP operations such as deployment and employment
of personnel.
o The Directorate for Logistics (DL) . The director administers and manages material resources needed
for the PNP operations.
o The Directorate for Plans (DPL). The director plans and programs strategic PNP operations. He also
represents the PNP in the inter-agency and international affairs on peace and order.
o The Directorate for Comptrollership (DC) . The director administers and manages the fiscal financial
resources.
o The Directorate for Police-Community Relations (DPCR) . The director formulates and implements
community –related activities, programs and projects. He also supervises the PNP Salaam Police Center
to undertake close monitoring, networking and liaisoning activities with the Muslim communities in
addressing terrorism and lawless violence in their respective areas to guarantee that the Muslims are not
discriminated, oppressed or singled-out.
o The Directorate for Investigation and Detective Management (DIDM) . The director coordinates.
Controls and supervises all investigation activities.
o The Directorate for Human Resource and Doctrine Development (DHRDD) . The director formulates
policies on matters pertaining to human resources and doctrine development.

 The Directorate for Research and Development (DRD) . The director engages in research and
development and does testing and evaluation of self-reliant projects.
 The Directorate for Information and Communications Technology Management (DICTM) . The
director integrates and standardizes all the PNP information systems and resources to further improve
the frontline services.
 Five (5) Directorates for Integrated Police Operations (DIPOs) . The Directors of the clustered
areas for Integrated Police Operations, namely: Eastern Mindanao, Western Mindanao, Visayas,
Southern and Northern Luzon are given the responsibility to direct and to supervise the conduct of
integrated anti-criminality, internal security, counter- terrorism operations, to promote inter-operability
with the Armed Forces of the Philippines, and to provide a system to promote regional socio-
economic development.

7. There are 23 National Support Units of the PNP. Eleven (11) of which are administrative while twelve
(12) are operational in nature. The eleven Administrative Units are as follows:
 Logistics Support Service (LSS).
 Information Technology Management Service (ITMS).
 Finance Service (FS).
 Health Service (HS)..
 Communications and Electronics Service (CES).
 Chaplain Service (CHS).
 Legal Service (LS).
 Headquarters Support Service (HSS).
 Engineering Service( ES).
 Training Service (TS). and
 PNP Retirement and Benefits Administration Service (PRBS).

The twelve (12) operational support units and their respective functions are as follows:

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 Maritime Group (MG). This group is responsible to perform all police functions over Philippine
Territorial waters, lakes, and rivers along coastal areas to include ports and harbors and small islands
for the security and the sustainability development of the maritime environment.
 Intelligence Group (IG). This group serves as the intelligence and counter-intelligence operating unit
of the PNP.
 Police Security and Protection Group (PSPG). This group provides security to government vital
installations, government officials, visiting dignitaries and private individuals authorized to be given
protection.
 Criminal Investigation and Detection Group (CIDG) . This group monitors, investigates, prosecutes
all crimes involving economic sabotage, and other crimes of such magnitude and extent as to indicate
their commission by highly placed or professional criminal syndicates and organizations. It also
conducts organized- crime –control, all major cases involving violations of the revised penal Code,
violators of SPECIAL LAWS assigned to them such as Anti-hijacking, Anti-Carnapping and Cyber
crimes among others and atrocities committed by Communist Party of the Philippines (CPP)/New
People’s Army (NPA)/National Democratic Front (NDF).
 Special Action Force (SAF). This group is a mobile strike force or a reaction unit to augment
regional , provincial, municipal and city police force for civil disturbance control, internal security
operations, hostage-taking rescue operations, search and rescue in times of natural calamities,
disasters and national emergencies and other special police operations such as ant-hijacking, anti-
terrorism, explosives and ordnance disposal. On a special note, the PNP Air Unit is placed under the
supervision of SAF.
 Aviation Security Group (AVEGROUP). This group provides security   to all airports throughout the
country.
 Highway Patrol Group (HPG) . This group enforces the traffic laws and regulations, promote safety
along the highways, enhances traffic safety consciousness through inter- agency cooperation
concerning Police Traffic Safety Engineering, Traffic Safety Education and Traffic Law enforcement
functions and develops reforms in the crime prevention aspect against all forms of lawlessness
committed along National Highway involving the use of motor vehicles.
 Police-Community Relations Group (PCRG). This group undertakes and orchestrates Police
Community Relations program and activities in partnership with concerned government agencies, the
community, and volunteer organizations in order to prevent crime and attain a safe and peaceful
environment.
 Civil Security Group (CSG). This group regulates business operations and activities of all organized
private detectives, watchmen, security guards/agencies and company guard forces. It also supervises
the licensing and registration of firearms and explosives.
 Crime Laboratory (CL ). This group provides scientific and technical, investigative aide and support
to the PNP and other investigative agencies. It also provides crime laboratory examination, evaluation
and identification of physical evidence gathered at the crime scene with primary emphasis on medical,
biological and physical nature.
 PNP Anti-Kidnapping Group (PNP-AKG). This Group serves as the primary unit of the PNP in
addressing kidnapping menace in the country and in handling hostage situations. And
 PNP Anti-Cybercrime Group (PNP- ACG). This Group is responsible for the implementation of
pertinent laws on cybercrimes and anti-cybercrime campaigns of the PNP.

8. For the main PNP operating units, there are seventeen (17) Police Regional Offices nationwide which
correspond to the Regional subdivisions of the country. Directly under the Police Regional Offices are
seventeen (17) Regional Public Safety Battalions (RPSB), eighty (80) Police Provincial Offices which
correspond to the number of Provinces in the country and twenty (20) City Police Offices (CPOs) in
highly urbanized and independent cities , which are equivalent to a Provincial Police Office.

The Police Provincial Offices have their respective Provincial Public Safety Companies (PPSC) which
is utilized primarily for internal security operations (ISO). The number of platoons in a Provincial   Public
Safety Company is dependent on the existing peace and order situation in the province concerned.

 Finally, a total of 1,766 Police Stations are established nationwide and they are categorized as
follows: 90 Component City Police Stations and 1,507 Municipal Police Stations under the Police Provincial
Offices, 131 Police Stations under the City Police Offices, and 38 Police Stations/City Police Stations in the
National Capital Regional Police Office which serve as the main operating arms of the PNP for the anti-
criminality campaign.

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III. THE PNP RANK CLASSIFICATIONS:

The PNP has the following rank structure and corresponding military equivalent:

Police Commission Officers (PCO)

AFP Ranks
OLD PNP Ranks NEW PNP Ranks
Director General Police General (PGEN) General
Deputy Director General Police Lieutenant General (PLTGEN) Lieutenant General
Director Police Major General (PMGEN) Major General
Chief Superintendent Police Brigadier General (PBGEN) Brigadier General
Senior Superintendent Police Colonel (PCOL) Colonel
Superintendent Police Lieutenant Colonel (PLTCOL) Lieutenant Colonel
Chief Inspector Police Major (PMAJ) Major
Senior Inspector Police Captain (PCPT) Captain
Inspector Police Lieutenant (PLT) 1st and 2nd Lieutenant
Police Non-Commissioned Officers (PNCO)
Senior Police Officer IV Police Executive Master Sergeant (PEMs) Master Sergeant
Senior Police Officer III Police Chief Master Sergeant (PCMS) Technical Sergeant
Senior Police Officer II Police Senior Master Sergeant (PSMS) Staff Sergeant
Senior Police Officer I Police Master Sergeant (PMSg) Sergeant
Police Officer III Police Staff Sergeant (PSSg) Corporal
Police Officer II Police Corporal (PCpl) Private First Class
Police Officer I Patrolman/Patrolwoman (Pat) Private

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FIGURE 2.2. PNP RANK & INSIGNIA

 3. THE PNP LINKAGES WITH OTHER LAW ENFORCEMENT ORGANIZATIONS

Domestically, the PNP is linked with the other law enforcement agencies through the
National Law Enforcement Coordinating Committee (NALECC). This body convenes regularly to
foster cooperation and coordination among all law enforcement agencies in the country.

It also supports several law enforcement agencies like the Philippine Center for Transnational Crimes
(PCTC) and the Philippine Drug Enforcement Agency. It is also linked with the International Enforcement
Community thru the INTERPOL, with the head of the PCTC as the Secretariat, and the Chief PNP as the
Chief of the National Central Bureau and a member of the ASEAN Chiefs of Police or ASEANPOL, and a
partner of the United Nations Center for International Crime Prevention (UNCICP).

V. THE PNP RELATIONSHIP WITH THE AFP

The PNP and AFP complement each other on their pursuit to suppress insurgency, and other serious
threats to national security and in times of national emergency prescribed pursuant to Section 12 of Republic
Act 8551.

 Consequently there are also governing relationships between them as follows:

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1. The PNP enforces laws and ordinances and performs statutory functions while the AFP exercises
primary responsibility on matters involving suppression of insurgency and other serious threats to
national security.
2. The PNP provides assistance to the AFP in insurgency – affected areas while the AFP is also
responsible for the integrated territorial defense system.
3. The PNP assists the AFP for the dispositive action on arrested, captured or surrendered insurgent
within the prescribed reglementary period.
4. The PNP provides assistance to the AFP in the arrest of suspected insurgents with standing warrants
of arrest, and
5. The PNP and the AFP maintain close intelligence coordination and exchanges and share each other’s
accomplishments of their respective mission and functions.

MAJOR POLICE FUNCTIONS

The PNP has three major functions:
1. CRIME PREVENTION. The police is mandated to prevent and control crime at all times. This function
entails not just a quick response to but also an in-depth analysis of a given situation. People view the police
as “supermen” and “superwomen”.

2. CRIME INVESTIGATION. The police should use good judgment in eliciting satisfactory responses from the
arrested suspect. Leniency and patience are the two virtues that a police officer should uphold when doing
investigative work.

3. TRAFFIC SUPERVISION. Traffic regulation needs definite rules that should be followed by both the police
and motorists, and even pedestrians. A good traffic enforcer prevents accidents from happening and traffic
congestions from forming.

Different Police Activities

1. Prevention of crime is intended to prevent root causes of crime.
2. Repression or suppression of crime is done to reduce the opportunity of committing a crime like the act of
conducting patrol.
3. Apprehending offenders is also known as arresting offenders.
4. Conduct search and seizure;
5. Investigation of crime; and
6. Protection of lives and property.

4. THE NATIONAL BUREAU OF INVESTIGATION: A SYMBOL OF NOBILITY, BRAVERY, AND

INTEGRITY

On June 18, 1947, Republic Act No. 157 was enacted, reorganizing the Division of Investigation and
creating the Bureau of Investigation which remained under the authority of the Department of Justice. On
October 4, 1949, the Executive order No. 94 was paused and the Bureau of Investigation was renamed the
National Bureau of Investigation. The DOJ retained control over the NBI.

In 1960, Republic Act No. 2675 was enacted. It gave way to the expansion and reorganization of the
NBI which became and investigative and research agency for law enforcement. On July 25, 1987, Executive
Order No. 292 or as the Administrative Code of 1987 provided the organizational structure and operation of
the DOJ and its attached agencies, including the NBI. This refines as the mandate of NBI.

THE MANDATE OF THE NBI

(Republic Act no. 157; Letter of Instructions No. 20)

The NBI is mandated to:

1. Undertake the efficient detection and investigation of crimes and other offenses against the laws of the
Philippines upon its own initiative or as a public interest may require
2. Render technical assistance upon request in the investigation of crimes and other offenses
3. Coordinate with other national and local police agencies in the maintenance of peace and order
4. Establish and maintain an updated scientific crime laboratory.
5. Act as a national clearing house of criminal records and other information for the use of all prosecuting and
law enforcement entities of the Philippines.

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6. Record the identifying marks, characteristics, and ownership or possession of all firearms as well as the
test bullets fires there from
7. Provide technical assistance to all prosecuting and law enforcement agencies of the government as well as
courts which may requests for its services
8. Extend services in the investigation of cases of administrative or civil in nature in which the government is
an interested party.
9. Undertake the instruction and training of a representative number of city and municipal peace officers at the
request of their respective superiors on the effective methods of crime investigation and detection to insure a
greater efficiency in the discharge of their duties.

5. OTHER LAW ENFORCEMENT AGENCIES IN THE PHILIPPINES

As earlier mentioned, there are two major agencies in charge of law enforcement in the Philippines, namely
the PNP and the NBI. However, there are also other agencies that enforce special laws.

1. BUREAU OF INTERNAL REVENUE (BIR) implements and enforces all taxation laws. It also investigates
tax evasion and underpayment cases. The BIR is under the control of the Department of Finance.

2. LAND TRANSPORTATION OFFICE (LTO) implements the laws on land transport involving licensing and
roadworthiness.

3. BUREAU OF CUSTOMS (BOC) implements the laws covering cargoes loaded in ports of entry and
assesses and collects tariff duties.

4. FOOD AND DRUG ADMINISTRATION (FDA) enforces the laws on food and beverages, drugs, cosmetics,
medical devices, household hazardous waste, and health and sanitation. It investigates licensed food
manufacturers and penalizes those operating w/out s license.

5. PHILIPPINE COAST GUARD (PGC) enforces the laws of ports of entry.

6. PHILIPPINE AVIATION SECURITY COMMAND (PAVSECOM) provides security services to airports.

7. MARITIME INDUSTRY AUTHORITY (MARINA) enforces the laws on the sea especially in the shipping
industry.

8. BUREAU OF FISHERIES AND AQUATIC RESOURCES (BFAR) implements the laws on aquatic
industries and other resources taken from the sea.

9. AIR TRANSPORTATION OFFICE (ATO) implements the laws on aquatic management and the airlines
industry.

10. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (including the Forest Management
Bureau, Land Management Bureau, Ecosystem research and Development Bureau, Mines and Geosciences
Bureau, Environmental Management Bureau, and Protected Areas Bureau) implements all forestry laws, solid
waste management laws, air and water pollution laws, land laws, and other laws relevant to the conservation
and protection of the environment. The government provides a special court to handle all an environmental
cases for speedy trial. The PNP has also created environmental police desk because the department has no
police power to enforce its laws.

11. PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA) implements all the laws related to prohibited
drugs and drug-related activities.

12. BUREAU OF IMMIGRATION (BI) is an agency under the control of the Department of Justice. It tasked
with enforcing the immigration laws of the country. It investigates, arrests and acts as witness in cases
involving undocumented aliens and foreign fugitives or criminals operating or hiding in the country.

13. OPTICAL MEDIA BOARD (OMB) formerly known as the Videogram Regulatory Board operates against
the distributors of fake or pirated BHS tapes, DVDs, VCDs, and CDs.

14. DEPARTMENT OF FOREIGN AFFAIRS (DFA) handles all OFW cases and those involving other
countries.

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15. INTELLECTUAL PROPERTY OFFICE (IPO) enforces copyright and other intellectual property laws. It is
under the control of the Department of Trade and Industry.

16. MOVIE TELEVESION REVIEW AND CLASSIFICATION BOARD (MTRCB) classifies the television,
programs, movies and magazines.

17. CENTRAL BANK OF THE PHILIPPINES/BANGKO SENTRAL NF PILIPINAS (BSP) regulates the
banking industry, enforces banking laws, and prosecutes currency counterfeiters, money launderers, and
counterfeit money carriers or distributors.

LEARNING ACTIVITY 1 and 2

Learning Activity 1: History and Organization of Law Enforcement

After online class and assigned reading, do the activity below as your homework activity:

 In a table, trace back the timeline of the history and organizational development of Law
Enforcement/Police force in the Philippines.
Era Law Enforcement/Police Force Organizational Decree/Timeline
date
Example: Spanish Regime  Carabineros de  1712
Seguridad Publica  Royal Decree of
(Mount December 20, 1892
 “Cuerpo de Carabineros
de Seguridad Publica”ed
Police)

 Illustrate an organizational chart of the Philippine National Police.

Learning Activity 2: Law Enforcement Component (Functions and Organization as Created and
Mandated by Law)

After online class and assigned reading, do the activity below as your homework activity:

 In addition to PNP and NBI, identify at least five (5) other law enforcement agencies in the
Philippines. Use the table below to present your answers.

Law Enforcement Agencies (No Law Enforcement Activities Under what department?
Acronyms)
Example: Prevention of Crimes Department of Interior and Local
Philippine National Police Maintenance of Peace & Order Government

 Online Submission: 3/26/2021 Send through [email protected] or upload and send through MS
Team

LEARNING CONTENTS (title of the subsection)

2.3. The Law Enforcement Process

Upon knowing that a crime has been committed, how should the police respond?
The following steps provide a procedure in what is usually adopted in dealing with crimes.
1. Proceed at the crime scene as soon as possible
2. Arrest the perpetrators if they are still present at the crime scene
3. Protect the crime scene
4. Conduct crime scene search

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5. Seize contrabands or weapons under the possession of suspects.
6. Interview victims and witnesses
7. Get the deposition (statement) of the suspect/s, victim/s and witness/es.
8. File the appropriate case against the suspect/s.

Policing is the initial process in the entire criminal justice system. The law enforcement agencies are
considered the initiators in the said process which knot the functions of:

A. Crime Detection
B. Crime Investigation
C. Apprehension of Suspects
D. Search and Seizure, and
E. The Case Preparation

A. CRIME DETECTION

Crime is detected through the ff means:

1. Citizens complaints or calls for police assistance. The PNP has a hotline and complaint desk in every
outpost or precinct for purposes of fast and reliable crime detection. This is where the police secure the
cooperation of the community so they can be provided with the information they need to act promptly.
2. Signals from alarm devices. Some communities have a direct line to the police desk 24/7 as well as
signals or codes for purposes of secrecy.
3. Patrol work. Suspicious behavior or actual crimes may be observed during a patrol work.
4. The use of undercover agents, electronic devices such as an alarm or CCTV’s, wire tapping or bugging,
and stakeouts can help detect crime.
5. Serialized crimes may show a pattern that can lead to the identification of the criminal.
6. Lately, the PNP has ventured into criminal profiling to detect would be perpetrators and prevent them from
committing a crime.

What is Response Time?

When dealing with crimes detected by calls or alarms, a key element in whether the crime will be
solved and the culprit caught may be THE TIME THAT ELAPSES BETWEEN RECEIPT OF THE CALL OR
ALARM AND THE ARRIVAL OR RESPONDING OFFICERS AT THE CRIME SCENE. This is known as
RESPONSE TIME, and the shorter it is, the better.
Response time is the duration between the call or alarm or the arrival of the responding law enforcer
at the scene of the crime. It is crucial because a short response time may prevent a crime from happening or
facilitate the arrest of the culprit.

B. INVESTIGATION

Police Investigation:
Investigating crime is one tedious activity of a police officer. It aims are, to identify the person who
committed the crime, its location and gather evidences to prove his guilt through a criminal proceedings.
The first thing that the investigator should do in conducting investigation is to determine whether a law
has been violated. After knowing the violation committed, the investigation must discover how it was
committed, then by whom it was committed, where it was committed, when was the crime committed and
what under circumstances, why it was committed.

On this process the investigator is added with the tools to use, to further determine the personalities
involve and the necessary evidence needed. These tools are:
1. Information which could be gathered or acquired from other persons, witnesses and victims of the crime.
2. Interrogation, which is done by questioning the witnesses and suspect to obtain further facts. 3.
Instrumentation, which is the application of forensic sciences to obtain physical evidences which would help
in proving the guilt of the person who violates the law.

TYPE OF INVESTIGATION
1. The preliminary or initial investigation is conducted by the police on patrol or desk officers. In cases
where the crime was committed in the past, the investigator conducts the preliminary investigation as well as
the continuing investigation. The primary objective of the investigating personnel is to take care of the injured
person, arrest or pursue the suspect, and contain the crime scene to preserve the integrity of the physical

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evidence, i.e., prevent it from getting destroyed or tampered. It is very important, therefore for the police to
immediately cordon off the scene of the crime with a yellow banner that states “Do not go beyond the yellow
lane”. Patrols officers usually conduct the immediate investigation whether or not the suspect/s has/have been
apprehended because such investigations are crucial, as crimes cannot be re-created.

2. The follow-up investigation is an extension of the initial investigation. It is dine when some investigation
or evidence admissible in court is made available. Interviewing and re-interviewing the persons involved is
necessary to come up with the data which can help in resolving the case. A discussion with the forensic
experts on the physical evidence gathered is also necessary. The follow-up investigation also includes the
surveillance and interrogation of suspects, identification and apprehension of the offender and the preparation
of the final report for the prosecutor.

The police must not forget, that when conducting investigation of suspects involve in a crime, their
constitutional rights must not be violated rather be respected and followed. If the person is under custodial
investigation, the following rights must be informed and explained unto the person prior to any investigation
starts. If these rights are not followed the police could be liable for violating such rights.

Right of Person Under Investigation:

 to be informed of his right to remain silent;
 the right to be informed of the nature and the cause of the accusation against him
 to have a competent and independent counsel preferably of his own choice or to be provided
with one;
 right against the use of torture, force, violence, threat, intimidation or any other means which
violates the freewill;
 The right against being held in secret, solitary, incommunicado or other similar forms of
detection.

Any confession obtained in violation of any of the above rights is declared not admissible as evidence
before any court proceedings. The violators to these rights shall be subject to penal and civil sanctions as
provided by R.A 7438.
The constitutional safeguards are made to secure the rights of the accused particularly the privilege
against self-incrimination of persons under arrest or in custody of law enforcement officer. The word “under
investigation” includes custodial interrogation or investigation but not where the proceeding is a mere inquiry
into an alleged crime. These rights are available the moment an arrest without the warrant is made. The right
of silence and counsel cannot be waived except in writing and in the presence of a counsel.

 Surveillance and intelligence is another form of police investigation.

Surveillance is a secret observation of places and persons for the purpose of obtaining information of
person suspected to have been violated the law.
Intelligence is getting involve on the activities of organize criminals or syndicates in undercover, in
order to gather information about their activities and reveal their identities and locations for the purpose of
gathering evidences and affecting arrest to them.

Entrapment and Instigation

 Entrapment signifies the ways and means device by a peace officer to catch or apprehend a person
who has committed a crime, with or without it the crime has already been committed.
 Instigation takes place when a police officer includes a person to commit a crime, without it the crime
would not be committed.

What is Crime Investigation?

Crime investigation is police activity directed at the identification of apprehension of alleged criminals.
It also covers the accumulation, preservation and presentation of evidence regarding the alleged crime. The
main objective of crime investigation is to determine the nature of crime, identify the criminal and develop a
substantial body of evidence.
Crime Investigation is the responsibility not only of the uniformed law enforcer but also of the
investigator. The two are assisted by the Scene of the Crime Operatives (SOCO). The SOCO aids in the
collection and preservation of physical evidence, analyzes the evidences gathered, and presents its findings
to the law enforcers.

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What is POLICE AUTHORITY?
Police Authority. The police has the legal authority to arrest persons and place them in custody
pending court action. They also have the authority to search and seize evidence, investigate or obtain
information to solve a crime and apprehend criminals.

C. Apprehension of Suspects.

An arrest is made either by apprehending a person who allegedly committed a crime or by taking into
custody a person who voluntarily surrenders in a police station. No violence or unnecessary force is shall be
used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for
his detention. (Rules of Court, Rule 113, Sec.2)

Methods of Arrest
1. Arrest with 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 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. (RoC, Rule 113, Sec.7)

2. Warrantless arrest - The officer shall inform the person to be arrested of his authority and the
cause of his arrest, unless the person to be arrested is then engaged in the commission of an
offense or is pursued immediately after its commission or after an escape, or flees or forcibly resists
before the officer has opportunity so to inform him, or when the giving of such information will
imperil the arrest.

1. Arrest by virtue of warrant

A warrant of arrest 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 take a person into custody in order that he
may be bound to answer for the commission of an offense.
As a rule, a warrant of arrest for the apprehension of an unnamed party upon whom it is to be served
is void except in those cases where it contains a description of the person or such as will enable the officer to
identify the accused.
An officer making a lawful arrest may orally summon as many persons as he deems necessary to
assist him in affecting the arrest. Every person so summoned by an officer shall assist him in effecting the
arrest when he can render such assistance without detriment to himself. An officer in order to make an arrest
either by virtue of a warrant, 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.
Whenever an officer has entered the building or enclosure, he may break out there from when necessary to
liberate himself. (RoC, Rule 113, Sec.10-12) These powers are given only to police officers and not to private
persons executing an arrest.

An arrest may be made on any day and at any time of the day or night. (RoC, Rule 113, Sec.6)
The head of the office to which the warrant of arrest was delivered for execution 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, he
shall state the reasons therefore.

A police officer may still affect the arrest of a person with a pending warrant of arrest, until such time
the latter has been arrested. A police officer need not bring the actual warrant when effecting the arrest, as
long as he has the knowledge that a warrant was issued against such person.

A warrant of arrest, whether issued by a court of competent jurisdiction, may be served anywhere in
the Philippines. (RoC, Rule 135, Sec.3

2. Arrest without a Warrant

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An arrest may lawfully be made even without a warrant under certain limited conditions which
approximate the existence of probable cause as would justify the issuance of warrant of arrest. The following
are the provisions of Sec.5, Rule 113 of the Rules of Court.

Any peace officer or a private person may, without a warrant, arrest a person:
1. When in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
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; and
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 confinement to another.

The above provision is often referred to as “Citizen’s Arrest” because it is also the power of a citizen to
arrest a person without warrant of arrest under said circumstances.

D. Search and Seizure

1. Search Defined. Search is an examination of an individual’s person, house papers or effects, or other
buildings and premises to discover contraband or some evidence of guilt to be used in the prosecution of a
criminal action.

2. Search 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 to bring it before the court. (Sec 1, Rule 126)

To obtain a search warrant from a judge, law enforcement agencies must supply the address or
description of the place or vehicle to be searched, the crime or activities being investigated, and the things to
be seized. Search warrants are issued when the judge has probable cause to believe the evidence sought is
related to criminal activity.
The Constitution declares that the right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable search and seizures of whatever nature for any purpose shall be inviolable.
(1987 Constitution, Article III, Sec.2)

Requisites for Issuing Search Warrant

- Based upon probable cause
- Must be in connection with one specific offense
- Must be determined personally by the judge
- Must be after examination under oath or affirmation of the complaint and the witnesses he may
produce
- And particularly describing the place to be searched and the things to be seized. (1987 Constitution,
Art. III, Sec.2)

Probable Cause – refers to such facts and circumstances that would 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
are in the place sought to be searched.
A judge may issue a warrant only upon probable cause, in which he will personally determine. He
may do this, by personally examining in the form of searching questions and answers, in writing and under
oath, the complainant and witnesses he may produce on facts personally known to them and attach to the
record their sworn statements, together with the affidavits submitted. (RoC, Rule 126, Sec.5)
The complainant and the witnesses must be under oath in order that perjury could be charged against
them in case their allegations prove false. Perjury is the giving of false testimony under oath.

Personal Property that can be subject to Seizure

- Property subject to the offense
- Property stolen or embezzled or fruits of the offense
- Property used or intended to be used as the means of committing an offense (RoC, Rule 126, Sec.3)

Validity of Search Warrant

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A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall ne void. (RoC, Rule
126, Sec.10)
The warrant must direct that it must be served in the daytime, unless the affidavit asserts that the
property is on the person or in place ordered to be searched, in case a direction may be inserted that it be
served at any time of the day or night. (RoC, Rule 126, Sec.9)

How search warrant is Effected

If the officer effecting search has been refused for its admittance to the place to be searched after
giving the notice of his purpose and authority, may open any outer or inner door window of a house or any
part of a house or anything therein to execute or liberate himself or any person lawfully aiding him when
unlawfully detained therein.
After the search and seizure is made, the officer seizing the properties under the warrant, must give a
detailed receipt of the things seized to the lawful occupants of the premises in whose presence the search
and seizure were made, or in the absence of such occupant must be in the same locality, leave a receipt in
the place in which he found the seized property.
The officer must deliver the property seized to the judge who issued the warrant together with a true
inventory thereof duly verified under oath.
However, a search and seizure can be done even without the warrant on the following
instances:
 When there is consent or waiver, on the person to be search, or owner of the things or place;
 When search is an incident to a lawful arrest;
 In the case of contraband or forfeited goods being transported by ship, automobile, other means of
transportation, where the officer making it has reasonable cause for believing that the latter contains them, in
view of the difficulty attendant to securing a search a warrant;
 Where, without a search, the possession of articles prohibited by law is disclosed to plain view or is
open to eyes and hands;
 As an incident of inspection, supervision and regulation in the exercise of police power such as,
inspection of restaurants by health officers, factories by labor inspectors and the like;
 Routinary searches usually made at the border or at the ports of entry in the interest of national
security and for the proper enforcement of customs and immigration laws.

E. The Case Preparation

This is the process of bringing together in an organized and logical manner all evidence collected
during the investigation of a crime and present it to the prosecutor. The investigator must present to the
prosecutor and prove before the court the Corpus Delicti.

 Corpus Delicti (substance or body of the crime) – it means that a specific crime was committed at
a specific time, date and place, and the person named in his report committed the crime.

BOOKING PROCEDURES OF THE ARRESTED PERSON/SUSPECT

a. The arrested suspect shall be subjected to booking procedure. He shall likewise be fingerprinted,
photograph and tested for possible use of prohibited drugs
b. A person under arrest who refuses to be fingerprinted may be prosecuted for disobedience to an agent of
person in authority, as defined and penalized by Article 151 of the RPC. AUTHORITY: Opinion No. 204
series -1939 by the Secretary of Justice JOSE ABAD SANTOS
c. Inform the arrested person of his rights as provided for in the Constitution.
d. Arresting units shall at all times take the mugshots and fingerprints of all arrested persons. Copies thereof
shall be submitted to the PNP Crime Laboratory Service to serve as master file.
e. Immediately after the arrest of a person ordered arrested by the court, or of a suspect under investigation,
he should be subjected to a medical examination. Prior to his release or any change of custody, the
suspect should also be medically examined by a medico-legal officer or, in the absence of such medico-
legal officer, by any government physician in the area.
f. All arrests made shall be immediately reported to the C, PNP
g. Operating units concerned shall accomplish regularly the NCRS and all agencies concerned shall be
provided with copies thereof.
h. Prepare spot report, sworn statement/s of arresting officers and witnesses, other supporting
documents, and processing of evidences.

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LEARNING ACTIVITY 2 and 3

Learning Activity 3: The Law Enforcement Process

After online class and assigned reading, do the activity below as your homework activity:

 Explain how law enforcement starts the process in the criminal justice system.
 Explain the meaning of the PNP Seal and Badge.

 Online Submission: 3/26/2021 Send through [email protected] or upload and send through MS
Team

SUMMARY

 Law Enforcement can be traced back to the cave dwellers, who were expected to follow certain rules or
face banishment or death. The customs depicted in early cave dwelling may represent the beginning of law
and law enforcement.
 The Philippine National Police (PNP) originated from the Philippine Constabulary or the PC, which was
inaugurated on August 8, 1901, establishing it as an insular police force under the American regime. On
August 8, 1975, Presidential Decree no. 765 was issued, establishing the Philippine Constabulary
Integrated National Police or the PC/INP as the country’s national police force. These fragmented and
diverse local police units were integrated into a national police force with the Philippine Constabulary as its
nucleus.

 After the People’s Revolution in 1986, a new Constitution was promulgated providing for a police force,
which is “national in scope and civilian in character.” Consequently, Republic Act No. 6975 entitled, “An Act
Establishing the Philippine National Police under a Reorganized Department of the Interior and Local
government (DILG),” was signed into law on December 13, 1990, which took effect on January 1, 1991.
Subsequently, the PNP was operational on January 29, 1991, whose members were formerly the PC and
the INP and the absorption of the selected members from the major service units of the Armed Forces of
the Philippines such as the Philippine Air Force Security Command, the Philippine Coast Guard, Philippine
Navy, and the Philippine Army. Thus, to further strengthen the PNP into a highly efficient and competent
police force, Republic Act No. 8551 entitled “PNP Reform and the Reorganization Act of 1998” was
enacted on February 17, 1998, amending certain provisions of Republic Act No. 6975.

 Pursuant to Republic Act No. 6975 as amended by Republic Act No. 8551, The PNP in under the
administrative control and operational supervision of the National Police Commission. Meanwhile, the
NAPOLCOM is an attached agency of the Department of the Interior and Local Government for policy and
program coordination. The Secretary of the Interior and Local government is mandated to be the Ex-
Officio Chairman of NAPOLCOM.

 Policing is the initial process in the entire criminal justice system. The law enforcement agencies are
considered the initiators in the said process which knot the functions of crime detection, crime
Investigation, apprehension of suspects, search and seizure, and case preparation.

REFERENCES

Salumba, D.J, Capulso N., The Basics of the Philippine Criminal Justice System. 2016

Cano, Gerry J., et al., Philippine Criminal Justice System. 2010

Manwong, R K., Foronda M. (2009), Criminal Justice System: Settings and Procedures. Wiseman’s Books
Trading, Inc.

https://aboutphilippines.org/files/phil_history-of-law.pdf

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https://www.officialgazette.gov.ph/featured/about-the-pnp/

https://pnp.gov.ph/index.php/about-us/organizational-structure (Figure 2.1)

https://www.facebook.com/pnp.pio/photos/a.479051708802757/2652506561457250/ (Figure 2.2)

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