Law Enforcement & PNP History

3 Pillars of Law Enforcement

• Law enforcement's major functions include crime prevention, crime investigation, and traffic supervision.

Chronology of the PNP

• Prior to the tribal era, retaliation served as the most prevalent form of punishment.
• During the tribal era, tribal elders or chiefs acted as the executives.
• During the Spanish regime, the Spaniards organized groups like the Carabineros de Seguridad Publica with 1712 armed personnel.
  • Their task was to enforce Spanish government policies.
  • Cuadrilleros consisted of 5% of each town's able-bodied males, serving as a police force.
  • The Guardia Civil comprised Filipino policemen under the Governor's command.
• During the American Regime (American Colonial Period), several key events occurred:
  • The Insular Police Force was formed on November 30, 1890.
  • Act No. 175 was enacted, establishing the Insular Constabulary's organization and governance.
  • Act No. 183 led to the creation of the Manila Police Department, with Captain George Curry as the first chief of police.
  • Act No. 255 established the Philippine Constabulary, with Captain Henry T. Allen as its first chief.
  • The role of the Philippine Constabulary as a national police institution was emphasized through the creation of the RAC in 1917, with peace preservation, order maintenance, and law enforcement responsibilities.
• During World War II (September 1, 1939 - September 2, 1945):
  • The Manila Police was renamed the Metropolitan Constabulary, placed under the Bureau of Constabulary.
• After World War II:
  • Republic Act No. 4864, also known as the Police Act of 1966, was created.
  • The Police Commission (POLCOM), later known as the National Police Commission (NAPOLCOM), was created, placed under the Office of the President.

Highlights of R.A. 4864

• Established a Police Commission under the Office of the President, outlining its powers and functions.
• Provided for the constitution of a City or Municipal Police Force.
• Specified the duties of peace officers, general and minimum qualifications for appointments.
• Defined qualifications for the Chief of Police Agency and for permanent and temporary appointments.
• Established promotional rules and regulations for the removal and suspension of police force members.
• POLCOM oversaw the Philippine Constabulary's training and professionalization, leading to national recognition.

R.A. 6040 "Civil Service Act of 1959"

• Empowered POLCOM to administer examinations to police officers and members to enhance professional service.
• On August 8, 1975, Presidential Decree 765 was enacted, placing NAPOLCOM under the Ministry of National Defense.
  • This decree defined the relationship between the Integrated National Police (INP) and the Philippine Constabulary (PC).
• On December 13, 1990, Republic Act No. 6975, known as the Department of Interior and Local Government (DILG) Act of 1990, was enacted.
  • The PNP Law of 1991 declared the Philippine National Police (PNP) as the sole police force in the country, characterized by a national scope and civilian nature.
  • This law abolished the PC-INP and created agencies under the DILG, such as the PNP, Bureau of Fire Protection (BFP), Bureau of Jail Management and Penology (BJMP), and Philippine Public Safety College (PPSC).
• On February 25, 1998, Republic Act No. 6975 was amended by Republic Act No. 8551, known as the PNP Reform and Reorganization Act of 1998.
• The PNP falls under the supervision of the DILG.

Rank vs Position

• Rank determines authority and responsibility.
• Position refers to the specific role within the organization, such as Chief of PNP, Deputy Chief for Administration, or Regional Director.
• The PNP's rank system defines the hierarchy, including ranks like Police General, Police Lieutenant General, and Police Major General.

National Headquarters of the PNP - Command Groups

• Office of the Chief of the PNP

• Deputy Chief for Administration

• Chief Directorial Staff

• The PNP has 12 Directorates

  • Includes 11 National Administrative Support Units (service)
  • Includes 12 National Operating Support Units (groups).

Manning Level of PNP Members

• The nationwide average manning level is approximately one police officer for every 500 civilians.
• The minimum police-to-population ratio is one policeman for every 1,000 persons.

Rank Classification & Initial Appointment Waivers (R.A. 11200)

• Waivers for age, height, and weight requirements are available under certain conditions.
  • Age: Applicants must be between 20 and 35 years old.
  • Height: Minimum height is 1.57 meters for male applicants, 1.52 meters for female applicants, with reduced requirements for indigenous groups (1.52 cm for males, 1.45 cm for females).
  • Weight: Applicants granted a weight waiver have up to 6 months to comply.

Mandatory Field Training Program

• All uniformed PNP members must undergo a 12-month field training program, including patrol, traffic, and investigation assignments, for permanent appointment.

Appointment of PNP Officers and Members

• Patrolman to Police Executive Master Sergeant:
  • Appointments for Chief of the PNP (for national headquarters) and PNP Regional Director are attested to by the Civil Service Commission (CSC).
• Police Lieutenant to Police Lieutenant Colonel:
  • The Chief of the PNP makes these appointments based on the recommendation of the appointee's supervisors, attested to by the CSC.
• Police Colonel to Police Lieutenant General:
  • The President makes these appointments based on the PNP Chief's recommendation, proper CSC endorsement, and confirmation by the Commission on Appointments (CA).
• Director General:
  • The President appoints from senior officers to Chief Superintendent, subject to CA confirmation.
• The PNP Chief serves a maximum four-year tour of duty unless extended by the President during war or national emergency, with CSC attestation for regional directors and the Chief of PNP.

Tenureship (R.A. 8551)

• Chief of the PNP: 4 years
• Deputy Chief: 4 years
• Director of Staff Services: 4 years
• Regional Directors: 6 years
• Provincial/City Directors: 9 years

Eligibilities for Patrolman/Women

• NAPOLCOM-PNP entrance examination passers
• Licensed criminologists
• Bar and board examination passers
• College honor graduates
• Civil service professional examination passers

Promotion System - Rationalized Promotion System

• Based on merits and vacant positions in the PNP staffing system.
• Promotion by Virtue of Position:
  • PNP personnel in key positions with lower ranks are entitled to a rank adjustment after six months, with reassignment eligibility after two years.
  • Personnel lacking qualifications for designated positions occupy them temporarily (max. 6 months, can't be extended).

Types Of Promotion

• Regular Promotion: higher rank granted to uniformed personnel meeting minimum qualifications.
• Promotion by Virtue of Position
• Special or Meritorious Promotion: higher rank for conspicuous courage and gallantry beyond the call of duty.

Retirement (R.A. 6975)

• Compulsory Retirement: age 56 for officers and non-officers (higher ranks may continue service, extension limited to 1 year).
• Optional Retirement: after 20 years of satisfactory active service, upon request and commission approval, with benefits.

Power of Local Government Officials over PNP Units or Forces:

• The provincial governor selects the provincial director from a list of three candidates recommended by the PNP regional director.
• City and municipal mayors have operational supervision and control over PNP units in their jurisdiction, except during the 30-day period before and after national, local, and barangay elections.
  • During this period, local police forces are under COMELEC supervision and control.
  • City and municipal mayors select their chief of police from a list of five candidates recommended by the provincial director.

Suspension of Operational Supervision and Control of PNP Members:

• The President may suspend a local executive's control over police units in cases of:
  • Frequent unauthorized absences
  • Abuse of authority
  • Support for criminals
  • Actions inimical to national security.
• The President may restore the powers based on good cause, on their own initiative or through the NAPOLCOM's recommendation.

National Bureau of Investigation

• R.A. 157 (June 19, 1947): established the Bureau of Investigation (BI) within the DOJ, recognizing the Division of Investigation.
• E.O. 94 (October 4, 1949): renamed the BI to the National Bureau of Investigation (NBI), keeping it under DOJ control.
• R.A. 2675: expanded and reorganized the NBI, making it the investigative and research agency for law enforcement.
• E.O. 292 (July 25, 1987) or the Administrative Code of 1987: provided the organizational structure and operation of the DOJ and its attached agencies, including the NBI.

Crime Detection and Investigation: Crime is detected through..

• Citizen's complaints or calls for police assistance
• Signals from alarm devices
• Observation during patrol work
• Undercover agents and electronic devices (alarms, CCTVs, wiretapping, stakeouts)
• Serialized crimes and criminal profiling.

Response time

• The time between the call/alarm and law enforcement arrival,
• This is crucial to prevent crime or facilitate arrest.

Crime scene investigation

• Police activity aimed at identifying and apprehending criminals,
• It also involves accumulating, preserving, and presenting evidence to determine the crime, identify the criminal, and build a case.

Investigation

• Preliminary or Initial Investigation:
  • Police on patrol or desk officers care for the injured, arrest or pursue suspects
  • They secure the crime scene and preserve the integrity of physical evidence.
• Follow-up Investigation:
  • Conducted if admissible information or evidence becomes available
  • Involves interviewing/re-interviewing persons to gather data and resolve cases.
• Police Authority:
  • Legal power to arrest and detain persons pending court action
  • Authority to search, seize evidence, investigate, and apprehend criminals.
• Arrest:
  • Apprehension of suspects who committed the crime or are voluntarily surrendered to the police station
  • Taking a person into custody to answer for an offense (Rule 113, Section 1).

Execution of Warrant of Arrest

• The warrant must be executed within 10 days of receipt. -After period expiry, the assigned officer must report to the issuing judge, stating any reasons for failure (Rule 113, Section 4)
  • Arrest warrants remain valid until served or recalled unless the suspect is arrested, the court recalls or quashes it (e.g., lack of probable cause/legal defects), or the case is dismissed.

Methods of Arrest

• There are two methods of arrest, with or without warrant.
  • Arrest by virtue of a warrant:
    • An order in writing issued in the name of the People of the Philippines signed by a judge and directed to a peace officer to take a person into custody to answer for the commission of an offense or crime.
    • A warrant of arrest without the name of the person to be arrested is void:
    • A description of the accused enables the officer to identify the person is valid, the unnamed suspect is referred to as “John Doe”.

John Doe Warrant of Arrest

• A John Doe warrant is void without descriptio personae,
• This applies to blank warrants.

Scatter Shot Warrant

• This is a warrant issued for more than one specific offense:
• It is void and not allowed.

Methods Of Arrest

• Arrest Without a Warrant - when peace officers or private persons arrest offenders without a warrant
  • Referred to as citizen's arrest, permissible under specific conditions (Rule 113, Sec. 5 Rules of Court)
  • This occurs when the person has committed, is committing, or is attempting to commit an offense in the presence of an arresting officer or private individual, known as in flagrante delicto arrest (Sec. 5 (a) of Rule 113).
  • In hot pursuit when the arresting officer/private person knows facts indicating the person committed the offense (Sec. 5(b)).
  • The suspect is an escapee from a penal establishment or during transfer between confinements (Sec. 5(c)).

Procedure in Making an Arrest Without Warrant:

• Inform the person of the authority, cause, & constitutional rights (Miranda rights)
• A warrant isn't needed if the person flees, resists or the knowledge imperils the arrest.

Miranda Rights

• The legal rights of a suspect to remain silent, have an attorney, and have statements being admissible in court.
• Based on US Supreme Court Decision Miranda vs. Arizona.
• A Philippine National Police app can record the Miranda warning in English and play it back in the suspect’s native language.

Procedure in Making Arrest Without Warrant:

• After an arrest, the person is immediately brought to the nearest police station/jail for an inquest, when there's a need for a preliminary investigation.

Powers Of The Police During An Arrest:

• Summoning people to assist in effecting the arrest, as long as it's not detrimental to their well-being,
• Breaking into a building/enclosure if the person is believed to be inside, after announcing authority/purpose and being refused admittance. -Breaking out of the building/enclosure if necessary to liberate oneself.
• Arresting a suspect on any day/time. -Reporting to the judge who issued the warrant, generally issued to the head of the office for execution within 10 days from receipt
• If the warrant is unexecuted, the police officer reports to the judge stating reasons for failure.

Continued Arrest

• A police officer may arrest a person with a pending warrant until arrest.
• Police do not have to bring actual warrant as long as he/she knows it was issued.
• A competent court-issued warrant may be served anywhere in the Philippines.

Probable Cause

• Valid when evidence engenders a well founded belief that a crime has been committed and that the arrested or detained person is probably guilty, which prompts preparation of the corresponding information.

Search Warrant

• An order in writing issued by the court in the name of the People of the Philippines directing a peace officer to search for persona property described in the warrant and bring it to the court (Sec. 1 of Rule 113 of the Rules of Court)

How To Obtain A Search Warrant?

• Officers provide information amounting to probable cause. Probable cause must relate facts that make a reasonably discreet and prudent man believe that an offense has been committed in the object should be sought in connection with the offense and in the place sought to be searched. The
• Date of the location such as address or vehicle description.
• Why the activity needs to be investigated.
• All the things to be seized must be particularly described.
• Judge determines if a warrant is to be secured, and officers determine warrant-less if they've already been obtained.

Requirements from Issuing A Search Warrant

• Probable cause
• In connection with one specific offense
• Personally determined by the judge
• After examination under oath or affirmation of the complainant or witness he may produce
• Particularly describing the place to be searched and the things to be seized anytime in the Philippines (Rule 126 Sec. 4)

Time and Validity Of Search

• The warrant is served during the daytime, unless the affidavit for the search asserts that the property is on a person, it can be done anytime (Rule 126. Sec. 9)

• Search warrants are valid up to 10 days,(Rule 126 Sec. 10)

Property that can be seized:

• Subject of the offense
• Stolen or embezzled and other proceeds, or fruits of the offense
• Used or intended to be used as the means of committing an offense (Rule 126 Sec. 3)

Where There Is Consent or Waiver

• Warrants aren't required if a person submits to a search, otherwise his/her consent is presumed.

Search Incidental To Lawful Arrest

• People arrested maybe searched for dangerous weapons, or anything used a proof for the commission of an offense without a search warrant:

Exclusionary Rule

• Excluding evidence if search/seizure were unreasonable.
• Exlusionary Rule is a principle that prohibits the use of evidence in court is obtained through illegal means, such as:
• Unreasonable search or seizure (violating the 4th Amendment in the U.S. or Article III, Section 2 of the Philippine Constitution)
• Violation of due process (e.g., coerced confessions, illegal arrests).
• The rule is meant to protect individual rights and discourage law enforcement from conducting unlawful searches, seizures, or arrests.

Fruit Of The Poisonous Tree

• A doctrine where unlawful search taints evidence and facts gained based on search:

Exclusionary Rule

• When evidence obtained from searches is illegal, seizure, arrest, or interrogation are also inadmissible in court

• If the "tree" (original evidence) was obtained illegally, then any "fruit" is also tainted from the law:

  • An illegal arrest, is when a confession cannot be used in court, or can lead to finding a weapon, stolen items, where the pieces of evidence then cannot be admissible.

Silver Platter Rule

A doctrine that allows illegally obtained evidence (search and seizure) as admissible in court:.

Plain View Doctrine is a legal principle where objects are accidentally seen objects can be seized:

• The legal principle is not allowed if a warrant is clear

• Officer lawfully at a place (traffic stop, research warrants)

• Must be in plain sight if object moves or searched more than anythign.

• Object is from a crime.

• An example of searching "Drugs in a Car seat" is valid because it in plain sight.

Methods Of Search need to happen in what methods

• Serve the search warrant and actually search if it's in the warrant, don't seize it
• Forcible method when there's resistance
• Issuing officer will include receipt for the articles seized and give to client.

There are 17 Law of Enforcement Agencies In The Philippines

Prosecution Pillar deals with...

• Accusations that are brought to the court will lead to determination the innocence or guilt of the accused,.

• Instituition with criminal presentations of charges in a court,

• Must be pursued until the final judgement,

• Provision E.O, #292

• The Departmernt Of Justice provides a government agency arm with CJ System:

  • The DOJ will provide Law agency must provide, lawyer and CJ System.

• A prosecutor should have info on the police officer, who provides all the info an denecessary information.

• With justice, the prosecutor must, at the same time, serve as the lawyer of the government.

• Because they're independent of judiciary, they remain part of the executive branch.

Prosecutors Are Executing Executive Branch: (Explanation)

Prosecutor belongs to justice Prosecutors must represent government and criminal cases

• Doesn't consider they're judges Courts are the judiciary which doesn't belong to them

They might be in court but the dont belong to judiciary

National Prosecution Service (NPS)

The PD is streamlined to improve NPS: Creation Of National Prosecution Service

• Integrated with the entire department Establishment of Procure Offices:

  • They create offices on all levels.

• Prosecutor is given government authority.. Secretary is given control of procure system

• This Improves service of prosecutorials and uniformity of legal procure

• The NPS must follow system of processes given:

These functions must have specific units"

• Government Corporate Council
• The state Prosector
• The office of the Solicitor General

Functions of Different Ofcfies

• Government Corporation Council is the principle corporate government

State Prosecutors must file appropriate paperwork.

The Solicitor General in litigation includes Courts and Tribunals

The Cases handled in Solicitor General

• Criminal
• Civil Administrative
• Contistuitional
• Internation
• Special

The NPS is composed of:

• Assistant attorney in State
• Provincial Prosecutors
• Attorney In Provinviical State

Review and Appeals must make a report in division

• The office must hire administration personnel

Issues With Prosecution

• There must be a high cordination between law enforcers

Patronage of legal personal

Training must be held properly

• Government should avoid curruption, and backlogs between prosecutors.

Prosecution Of Defenses Under Rules Of Court

• There must be an offence for the case. The People's name should the complaint

Court Hierarchies: The court should have supreme control,. Appeals should be final in the court

• Trial runs from 6 months to 2 millioon in MCTC
• If there is Sharia laws with Muslims, it goes directly to Courts and not the CA or RTC
• Every court falls under direction of what the prosecutor must take in his office
• Officers should act like justice

A what should Pre-Trial

• Must be be signed off on by council to limit all issues in report
• Must know that any cases require information and action.

When in action of pre-trial cases.

• Must be murder
• Injury report as is
• Drug Cases.

Cases That Don't Require A pre-trail.

• Injuries
• Malicious Act
• Threatening to be punished
• Damage to what value is small
• Alarms and Scardams