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Questions and Answers
What is a requisite for the taking of public property?
What is a requisite for the taking of public property?
- The property owner's consent
- The public use of the property
- The condemnation party's permission
- The payment of just compensation (correct)
What is a characteristic of criminal law in the Philippines?
What is a characteristic of criminal law in the Philippines?
- Prospective
- Territorial (correct)
- International
- Retroactive
What is the primary purpose of substantive law?
What is the primary purpose of substantive law?
- To define the rights and obligations of persons (correct)
- To govern court proceedings
- To regulate the implementation of laws
- To punish crimes and felonies
What is the authority of the state in terms of criminal law?
What is the authority of the state in terms of criminal law?
What is the scope of Philippine criminal law?
What is the scope of Philippine criminal law?
What is the classification of laws that include the Revised Penal Code, Civil Law, Labor Code, and Taxation Law?
What is the classification of laws that include the Revised Penal Code, Civil Law, Labor Code, and Taxation Law?
What replaced Book I of the Civil Code in 1987?
What replaced Book I of the Civil Code in 1987?
What is the primary focus of international law?
What is the primary focus of international law?
What is a fundamental principle of modern public international law?
What is a fundamental principle of modern public international law?
What is the focus of municipal law?
What is the focus of municipal law?
What is the primary goal of retributive justice?
What is the primary goal of retributive justice?
What is NOT a characteristic of modern public international law?
What is NOT a characteristic of modern public international law?
What was the primary purpose of the locally organized police forces during the Spanish colonial period?
What was the primary purpose of the locally organized police forces during the Spanish colonial period?
What was the role of the Carabineros de Seguridad Publico?
What was the role of the Carabineros de Seguridad Publico?
What was the composition of the Guardrilleros police force?
What was the composition of the Guardrilleros police force?
What was the purpose of the Royal Decree issued on February 12, 1852?
What was the purpose of the Royal Decree issued on February 12, 1852?
How long did each member of the Guardrilleros police force serve?
How long did each member of the Guardrilleros police force serve?
What was the role of the Guardia Civil police organization?
What was the role of the Guardia Civil police organization?
What was the main purpose of establishing the Philippine Constabulary?
What was the main purpose of establishing the Philippine Constabulary?
When did the Japanese occupation of the Philippines occur?
When did the Japanese occupation of the Philippines occur?
What was the name of the Japanese Military Police during the Japanese occupation?
What was the name of the Japanese Military Police during the Japanese occupation?
How long did the American colonialization of the Philippines last?
How long did the American colonialization of the Philippines last?
When was the Insular Police Force established?
When was the Insular Police Force established?
What was the name of the military unit from which the members of the Insular Police Force were drawn?
What was the name of the military unit from which the members of the Insular Police Force were drawn?
When was the Philippine National Police activated?
When was the Philippine National Police activated?
Who was the First Chief, PNP?
Who was the First Chief, PNP?
What is one of the statutory powers of the police?
What is one of the statutory powers of the police?
What is the purpose of the police in relation to criminal offenders?
What is the purpose of the police in relation to criminal offenders?
What is one of the licensing powers of the police?
What is one of the licensing powers of the police?
What is the purpose of the Law Enforcement Service Program?
What is the purpose of the Law Enforcement Service Program?
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Study Notes
Eminent Domain
- The government has the authority to take private property for public use, but it must be reasonable and practical, with minimal inconvenience and expense to the property owner.
- The state must provide just compensation and follow due process of law.
Characteristics of Criminal Law
- Criminal law is binding on all who live or sojourn in the Philippines.
- It is territorial, meaning it pertains to crimes committed within the Philippine territory.
- It is prospective, meaning it cannot make an act punishable in a manner that was not punishable when committed.
Division of Philippine Law
- Substantive law: creates rights and obligations, defines status, and governs relations (e.g. Revised Penal Code, Civil Law, Labor Code, Taxation Law).
- Procedural law: governs the process of enforcing rights and obligations.
- Administrative law: governs the organization and operation of government agencies.
- International law: governs relations between states and sovereign entities.
- Municipal law: specific right of a particular city or county, applied within that jurisdiction.
Historical Periods
- Japanese Occupation (1942-1945): The Japanese Military Police (Kempetai) maintained peace and order in Manila.
- American Occupation (1898-1946): The US established the Insular Police Force, later converted into the Philippine Constabulary (PC).
Police Forces
- Insular Police Force (established 1890): organized as a national police force to fight insurrection.
- Philippine Constabulary (PC): converted from the Insular Police Force, had a military structure.
- Spanish Regime Police Forces:
- Carabineros de Seguridad Publico (Mounted Police): organized in 1712 for carrying out Spanish government policies.
- Guardrilleros: a body of rural police organized in each town, created by the Royal Decree of 1836.
- Guardia Civil: created by the Royal Decree of 1852, relieved Spanish troops of policing duties.
Philippine National Police (PNP)
- Established on January 29, 1991, under Section 23, Chapter III, of RA 6975.
- Constituted from the merger of the PC and the Integrated National Police (INP).
- First Chief: Police Director General CESAR NAZARENO.
Powers and Functions of the Police
- Enforce laws and ordinances relative to protection of lives and properties.
- Maintain peace and order, and ensure public safety.
- Investigate and prevent crime, effect arrest, and assist in prosecution.
- Detain arrested persons, informing them of their rights under the Constitution.
- Exercise general powers to make arrest, search, and seizure, and enforce pertinent laws.
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