Insular Police Force: Eminent Domain and Police Power Quiz and Flashcards

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Questions and Answers

What is a requisite for the taking of public property?

The payment of just compensation

What is a characteristic of criminal law in the Philippines?

Territorial

What is the primary purpose of substantive law?

To define the rights and obligations of persons

What is the authority of the state in terms of criminal law?

To define and punish crimes, and lay down rules of criminal procedure Signup and view all the answers

What is the scope of Philippine criminal law?

It is binding on all who live or sojourn in the Philippines Signup and view all the answers

What is the classification of laws that include the Revised Penal Code, Civil Law, Labor Code, and Taxation Law?

Substantive law Signup and view all the answers

What replaced Book I of the Civil Code in 1987?

The Family Code Signup and view all the answers

What is the primary focus of international law?

Relationship between state and international organizations Signup and view all the answers

What is a fundamental principle of modern public international law?

Promotion of human rights Signup and view all the answers

What is the focus of municipal law?

Rights and responsibilities within a jurisdiction Signup and view all the answers

What is the primary goal of retributive justice?

Punishment of offenders in proportion to their crimes Signup and view all the answers

What is NOT a characteristic of modern public international law?

Acquisition of territory by force Signup and view all the answers

What was the primary purpose of the locally organized police forces during the Spanish colonial period?

To enforce the policies of the Spanish government Signup and view all the answers

What was the role of the Carabineros de Seguridad Publico?

To discharge the duties of a port, harbor and a river police Signup and view all the answers

What was the composition of the Guardrilleros police force?

5% of the able-bodied male inhabitants of each town Signup and view all the answers

What was the purpose of the Royal Decree issued on February 12, 1852?

To relieve the Spanish Peninsular Troops of their policing duties Signup and view all the answers

How long did each member of the Guardrilleros police force serve?

At least 3 years Signup and view all the answers

What was the role of the Guardia Civil police organization?

To relieve the Spanish Peninsular Troops of their policing duties Signup and view all the answers

What was the main purpose of establishing the Philippine Constabulary?

To fight the insurrectors or native rebels Signup and view all the answers

When did the Japanese occupation of the Philippines occur?

Between 1942 and 1945 Signup and view all the answers

What was the name of the Japanese Military Police during the Japanese occupation?

Kempetai Signup and view all the answers

How long did the American colonialization of the Philippines last?

48 years Signup and view all the answers

When was the Insular Police Force established?

November 30, 1890 Signup and view all the answers

What was the name of the military unit from which the members of the Insular Police Force were drawn?

The US Volunteers Signup and view all the answers

When was the Philippine National Police activated?

January 29, 1991 Signup and view all the answers

Who was the First Chief, PNP?

Police Director General Cesar Nazareno Signup and view all the answers

What is one of the statutory powers of the police?

To enforce laws and ordinances relative to the protection of lives and properties Signup and view all the answers

What is the purpose of the police in relation to criminal offenders?

To investigate and prevent crime, effect the arrest of criminal offenders, and bring them to justice Signup and view all the answers

What is one of the licensing powers of the police?

To issue licenses for the possession of firearms and explosives Signup and view all the answers

What is the purpose of the Law Enforcement Service Program?

To train students taking up their baccalaureate, vocational or technical courses in compliance with the National Service Law Signup and view all the answers

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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