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CRIMINAL JUSTICE SYSTEM – The Criminal Justice System (CJS) is the machinery which society uses in the prevention and control of crime. The process is the totality of the activities of law enforcers, prosecutors, defense lawyers, judges and corrections personnel, as well as those of the mobilized co...

CRIMINAL JUSTICE SYSTEM – The Criminal Justice System (CJS) is the machinery which society uses in the prevention and control of crime. The process is the totality of the activities of law enforcers, prosecutors, defense lawyers, judges and corrections personnel, as well as those of the mobilized community in crime prevention and control. Components of the Criminal Justice System a. LAW ENFORCEMENT - responsible for the prevention of the commission of crime, the protection of the life, liberty and property, and in generally maintaining community peace and order. b. PROSECUTION - cases filed in the court against alleged offenders, after probable cause has been established through evaluation. It takes care of the investigation of the complaint. c. COURTS - where the prosecution is given the opportunity to prove that there is a strong evidence of guilt against the accused. d. CORRECTIONS - administers the prison and jail systems through corrective, rehabilitative and restorative measures. e. MOBILIZED COMMUNITY - collectively imposes limitations on individual behaviour of citizens for the common good of civilized and democratic society. THE ROLE OF CRIMINAL JUSTICE SYSTEM a) Prevent the commission of crime and protect life, individual rights and property of citizens; b) Enforce the law and remove dangerous persons from the community; c) Investigate, apprehend, prosecute and sentence those who cannot be deterred from violating the rules of society; and d) Rehabilitate offenders, and return them to the community as law abiding citizens. Barangay Justice System Katarungang Pambarangay is in force by virtue of PD 1508 as amended by RA 7610. It provides for the creation of lupon tagapamayapa who shall exercise administrative supervision of amicable settlement of all disputes covered by the katarungang pambarangay law. In principle, Katarungang Pambarangay is an informal part of the Court because there are complaints either civil or criminal which requires to undergo the process of reconciliation. The creation of Katarungang Pambarangay aims to provide speedy resolution of court dockets through conciliation, mediation, and arbitration to avoid mockery in the dispensation of justice in court. POLICE ETHICS IN INVESTIGATION WITH CASE ANALYSIS Values are the concept and ideas within each of us that we deem important. It serves as our guide that determines our behaviors and assists us in our decisions in life. The good value systems for the PNP are the following: a. Honesty and integrity b. Respect for human rights c. Professionalism d. Strong sense of justice e. Desire to help and serve others f. Patriotism g. Selflessness ETHICS is defined as the “standards of conduct and moral requirements” necessary to function effectively within an organization or profession. Challenges to police ethical behavior: Individual character challenges- these difficulties arise from personal defects where personnel engage in acts of dishonesty, greed, brutality, or individual acts of corruption. Deviant behaviors: a. Brutality b. Abuse of Authority c. Lying d. Sexual Misconduct e. Extortion. f. Sexual liaisons. g. Theft of Property h. Bribery I. Alcohol/Drug abuse j. Deliberate Inefficiency k. Corruption PNP Police Professional Conduct: 1) Commitment to Democracy. 2) Commitment to public interest. 3)Non-partisanship. 4) Physical Fitness and Health. 5) Secrecy Discipline. 6) Social awareness. 7) Non-solicitation of Patronage. 8) Proper care and Use of Public Property. 9) Respect for Human Rights. 10) Devotion to Duty. 11) Conservation of Natural Resources. 12) Discipline. 13) Loyalty 14) Obedience to Superiors. 15) Command Responsibility. Essential principles in the use of any Power and Authority: a. Legality b. Necessity c. Proportionality RECORDS MANAGEMENT Records Management Record - refers to the information, whether in its original form or otherwise, including documents, signatures, seals, texts, images, sounds, speeches, or data compiled, recorded, stored File – refers to: a folder containing records; or a collection of records involving a specific name or topic; a class of records in a separate group or series of file drawers; the operation involved in arranging records in systematic order. Document – refers to recorded information regardless of medium or characteristics. Frequently used interchangeably with "record". Archives - Public records, papers, periodicals, books or other items, articles or materials, whether in the form of electronic, audio-visual, or print, which by their nature and characteristics have enduring value, that have been selected for permanent preservation Current Records – record that continue to be used by the creating administrative unit for the conduct of regular business and are maintained in active office files. Non-Current Records – Records no longer needed by their creator to conduct current business. Records Management – refers to the managerial activities involved with respect to the records creation, records maintenance and use, transmission, retention, and records disposition in order to achieve adequate and proper documentation of policies & transactions of government for its efficient, effective & economical operation Record Custodian – refers to any unit personnel with responsibilities over a particular set of records. Records Officer – refers to employee responsible for overseeing the records management program & providing guidance on adequate & proper record keeping. RECORDS MANAGEMENT – refers to the managerial activities involved with respect to the records creation, records maintenance and use, transmission, retention, and records disposition in order to achieve adequate and proper documentation of policies and transactions of government for its efficient, effective and economical operation CLASSIFICATION OF RECORDS TOP SECRET DOCUMENTS- Records or documents contain information and materials, the unauthorized disclosure of which would cause exceptionally grave damage to the nation politically, economically or from the point of National Security. SECRET RECORDS OR DOCUMENTS Records contain information or materials, the unauthorized disclosure of which would endanger National Security, cause serious injury to the interest and prestige of the nation or any governmental activity or would be of great advantage to other nation. CONFIDENTIAL RECORDS OR DOCUMENTS Records contain information and materials the unauthorized disclosure of which would be prejudicial to the interest or prestige of the nation, or any government activity or would cause administrative embarrassment or unwarranted injury to the honor and dignity of an individual, or would be of advantage to a foreign nation. RESTRICTED RECORDS OR DOCUMENTS Records contain information and material which requires special protection other than that determined to be TOP SECRET, SECRET, OR CONFIDENTIAL. RECORDS CUSTODIAN – refers to any unit personnel entrusted with the responsibility over a particular set of records. FILING SYSTEM PNP records, especially those stored in police station, follow a specific records storage pattern for rapid retrieval and disposition. SUPPLEMENTAL SECURITY CHAINS PHYSICAL SECURITY COMMUNICATION SECURITY PERSONNEL SECURITY PNP ADMINISTRATIVE MACHINERY Answer– a pleading in which a respondent or other adverse party sets forth the negative and affirmative defenses upon which he relies; Appellate Bodies – shall refer to the Regional Appellate Board (RAB) and National Appellate Board (NAB) of the other Commission; and Secretary of the Internal and Local Government (SILG); Breach of Internal Discipline – any offense committed by a member of the PNP involving minor offense affecting the order and discipline within the police organization; Citizen’s Complaint – a formal charge initiated by a natural or juridical person or his/its duly authorized representative or guardian on account of an injury damage or disturbance sustained as a result of an irregular or illegal act or omission of a PNP member; Commission – shall refer to the National Police Commission as constituted pursuant to Republic Act No. 6975 as amended; Complaint – a written or sworn statement regarding a wrong, grievance or injury sustained by a person. Complainant – one who initiates a complaint against a uniformed member of the PNP, either as complaining witness or as a concerned government agency or office; Conduct Unbecoming of a Police Officer – any act or behavior of a police officer irrespective of rank done in his official or private capacity which, in dishonoring or disgracing himself as a police officer, seriously compromising his character and standing in the PNP in such a manner as to indicate vitiated or corrupt state of moral character which shows his unworthiness to remain in the police service; Decision – the written disposition of the disciplinary authority or appellate body stating clearly the facts and the law upon which it is based; Disciplinary Authorities – shall refer to the city or municipal mayors; chiefs of police or equivalent supervisors; provincial directors or equivalent supervisors; regional directors or equivalent supervisors; People’s Law Enforcement Board (PLEB); Chief of the PNP; National Police Commission En Banc (NAPOLCOM); Equivalent Supervisors – PNP Officers occupying positions/ designations equivalent to that of Chief of Police, Provincial Director and Regional Director who are vested with disciplinary authority over personnel of their respective offices, charged with minor offenses involving breach of internal discipline as provided under Section 41 of R.A. 6975, as amended; Finality of Decision – there is finality of decision when upon the lapse of ten (10) days from receipt, or notice of such decision, no motion for reconsideration or appeal has been filed in accordance with these Rules; Formal Charge – a complaint initiated before any of the disciplinary authorities or IAS after finding the existence of probable cause; Forum Shopping – the filing of several complaints arising from one and the same cause of action involving the same parties asking for the same relief with the different administrative disciplinary authorities, the Internal Affairs Service and Office of the Ombudsman; Jurisdiction – the authority vested by law to hear and decide a case; Minor Offenses – any act or omission not involving moral turpitude, but affecting the internal discipline of the PNP, and shall include but not limited to simple misconduct; negligence; insubordination; frequent absences and tardiness; habitual drunkenness; and gambling prohibited by law; Moral Turpitude – includes everything which is done contrary to justice, honesty, modesty, or good morals; Newly Discovered Evidence – that evidence which could not have been discovered and produced during the hearing of the case despite due diligence, and if presented, would probably alter the decision; Pending Case – refers to a case when the respondent had been formally charged before any of the disciplinary authorities or IAS; or an appeal is pending with any of the appellate bodies; Recidivist – a person who has been previously penalized for a grave offense and is again charged of another or the same grave offense; Reglementary Period – the period required by law or these Rules to perform a specific act; Repeatedly Charged – when a police officer was formally charged administratively for at least three (3) times and was found culpable in any one of them and meted a penalty not lower than (60) days suspension; Serious Charge – refers to a complaint involving an offense where the maximum imposable penalty is dismissal from the service; Subpoena Ad Testificandum – a process directed to a person requiring him to appear and testify in an investigation or hearing; Subpoena Duces Tecum – a process directing a person to appear and bring with him books, documents or things under his control in an investigation or hearing; Substantial Evidence – such relevant evidence as reasonable mind might accept as adequate to support a conclusion; Summary Hearing Officer – and officer designated by the disciplinary authority or IAS to conduct the formal hearing, and to submit a report of investigation; Summary Proceeding – an expeditious administrative proceeding conducted consistent with due process to determine the culpability or innocence of the respondent; and Summons – is a written notice informing the respondent that he is charged with an offense and directing his to file his Answer. Pre-charge Evaluation –is a process to determine the existence of probable cause based on the allegations on the complaint and supporting evidence. NAPOLCOM MEMORANDUM CIRCULAR NO. 2007–001 - Uniform rules of procedure before the administrative disciplinary authorities and the Internal Affairs Service of the Philippine National Police. Scope and Application. - These Rules shall apply to all administrative cases filed against uniformed members of the PNP before the different administrative disciplinary authorities and the Internal Affairs Service (IAS). Construction. – These Rules shall be liberally construed to attain just and expeditious disposition of administrative complaints and cases against PNP members, ensure public accountability and utmost discipline in the police service. Nature of Proceedings. – The investigation and hearing before the administrative disciplinary authorities and the IAS shall be summary in nature and shall not strictly adhere to the technical rules of procedure and evidence applicable in judicial proceedings. The Provisions of the Civil Service Law, Rules 2 and Regulations as well as the Revised Rules of Court shall be suppletorily applicable. The Summary Hearing Officer  Summon respondent/s within three (3) days from receipt of case folder complaint.  Respondent/s submit/s Answer in writing within Five (5) days. Pre-Hearing Conference  Shall be scheduled within ten (10) days from receipt of the Answer. Hearing Proper Within five (5) days from the Pre-Hearing Conference. Submission of Position Papers Within ten (10) days from the date the Summary Hearing is terminated. The Summary Hearing Officer The SHO shall submit Report of Investigation (ROI) within thirty (30) days, with the complete original records for resolution to the Disciplinary Authority. Disciplinary Authority Shall decide the case within thirty (30) days. PNP SPIRITUAL AND VALUES FORMATION Core values are those values we hold which form the foundation on which we perform work and conduct ourselves. Honor is the expression of relationship to yourself. Justice is the expression of relationship to others. Service is the expression of relationship to the PNP. What are the positive attitudes and character qualities necessary to achieve true success in investigation and its application to life and police work? a) Character b) Respect c) Commitment STRESS MANAGEMENT STRESS is a response produced by the body when a person is subjected to different types of demand, whether. physical, mental, or emotional. Causes of stress a) Human indecency and pain b) internal and personal stressor c) Criminal Justice System d) Safety e) Administrative stressors Effects of stress to our body The following are the effects of stress:  inefficiency on the job  absenteeism  interpersonal relationship problems  high anxiety  alcoholism  marital problems  anger and irritability  depression  fears  sleep problems  chronic fatigue  headaches and migraines  high blood pressures   poor motivation  effects on cognitive process like memory, decision making, etc Stress management refers to the early identification of operational stress increases the likelihood of positive outcomes in police-citizen interaction. CRIMINAL INVESTIGATION Criminal Investigation is the collection of facts in order to accomplish the three-fold aims – to identify the guilty party; to locate the guilty party; and to provide evidence of his (suspect) guilt. The Anatomy of Crime a) Motive b) Instrumentality c) Opportunity Four (4) Reasons Why Crime Should Be Investigated a) Future deterrence of Offenders b) Deterrence to Others c) Community Safety d) Protection of the innocent Two (2) Types of Criminal Investigation a) Investigation while the suspect is under arrest and detention; b) Investigation while the suspect is “at large” POLICE OPERATION is a lawful clandestine intelligence and detective networking to gather information and evidences to determine with certainty the commission of a crime, the identity of the perpetrators thereof, and as may be necessary, to arrest the culprits under those instances as authorized by law. The action of initiating a meticulous inquiry to a formal complaint filed by the private aggrieved party or public complainant after the fact of the incident, but no arrest can be legally effected against the suspect as the circumstances attendant thereto are not those specifically allowed by law, is what is called POLICE INVESTIGATION. CONFESSION, as defined in Section 29, Rule 130, Rules of Court, is: “The declaration of an accused expressly acknowledging his guilt of the charged, may be given in evidence against him.” ADMISSION – an admission is a voluntary acknowledgement in express terms or by implication, by a party in interest or by another whose statement he is legally bound, against his interest, of the existence or truth of a fact in dispute material to the issue. Eyewitness testimony – the ideal identification is made by an objective person who is familiar with the appearance of the accused and who personally witness the commission of the crime. Circumstantial evidence - in the absence of a confession and eyewitness, the identification of criminal may be established indirectly by proving other facts or circumstances from which, either alone or in connection with other facts, the identity of the perpetrator can be inferred. Motive – can be defined as some inner drive, impulse, intention, etc., that causes a person to do something or act in a certain way. Opportunity – is a circumstance which made it possible physically for the suspect to commit the crime Intent – is the accomplishment of the act and where it is an element in the commission of an offense, it must always be proved. Associate evidence – the physical evidence found at the scene of the crime and during the course of the investigation may serve to identify the criminal by means of clue materials, personal property, or the characteristic pattern of procedure deduced from the arrangement of objects at the crime scene. Information – Data gathered by an investigator from other persons including the victim himself and from: Public records, Private records and Modus Operandi file Interview – Skillful questioning of witnesses and suspects. Instrumentation – Scientific examination of real evidence, application of instrument and methods of the physical sciences in detecting crime. The Investigator- On- Case shall submit the following: 1. Spot Report within 24 hrs to Higher Headquarters; 2. Progress Report;  3. After Operation Report; 4. Final report after the case is filed before the Prosecutor’s office or court; & 5. Accomplishment Report. HUMAN RIGHTS ISSUES IN INVESTIGATION WITH CASE ANALYSIS The United Nations Organization (UNO) or simply the United Nations (UN) is an International Organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace. Human Rights -Those rights, which are inherent in our nature and without which we cannot live as human beings Basic Characteristics of Human Rights:  Cannot be taken away  Equal and interdependent  Internationally guaranteed  Legally protected  Universal  Oblige State & State Actors Torture- An act by which severe pain or suffering, whether physical or mental, is inflicted on a person…to obtain from him / her or a third person information or confession; Arrest – an act of apprehending a person for the alleged commission of an offense or by the action of an authority. Detention – deprivation of personal liberty except as a result of conviction for an offense. Detainee – person deprived of his/her liberty pending trial (not yet convicted). Prisoner – person deprived of his/her liberty as a result of conviction for an offense (convicted). RIGHTS-BASED POLICING - Comprehensive, systematic, institutional compliance with international and national human rights standards in policing or law enforcement in police doctrines, policies, plans, operations, methods and tactics. Essential principles in the use of any Power and Authority: (1) Legality – action with legal basis (2) Necessity – action not beyond reasonably necessary to achieve mission (3) Proportionality - act in proportion to the seriousness of the offense Eight (8) Articles of the UN Code of Conduct for Law Enforcement Officials  (1) Perform duty under the law (2) Respect and safeguard human rights (3) Use force only when strictly necessary (4) Respect confidentiality (5) Forbidden to inflict any act of torture & other cruel treatment (6) Safeguard the health of those in custody (7) Forbidden to commit any act of corruption (8) Respect the law and this Code Essence of Rights Based Policing (1) Respect and Protect Human Rights (2) Rights-based policing - Know and apply HR principles (3) Rule of law (4) Legality, Necessity & Proportionality (5) To Serve and Protect is Human Rights (6) HR is Competency and Professionalism MEDIA MANAGEMENT IN CRIMINAL INVESTIGATION MEDIA MANAGEMENT IN CRIMINAL INVESTIGATION a. Public Information – Information that may be of interest to the general public about policy, procedures and events involving the PNP or such other newsworthy information that is not legally protected, does not unduly interfere with the mission of the PNP, ongoing investigation, infringe upon the rights of an individual or compromise the legitimate safety and /or privacy interest of officers, victims, witnesses or others. b. News Media Representative – An individual employed by agencies of the media wires to gather information and report on a newsworthy event c. Accredited – A media representative duly recognized by the PNP, through its PIO d. News – It is the reporting of current events by the mass media. To be considered news, an event usually must have broad interest due to such news values as impact, timeliness and revelation (is there significant new information, previously unknown?). e. Press Release – It is the official statement issued by the PNP to the media. f. Public Information Officer (PIO) – The official authority who serves as a central source of information for release by the PNP and responds to requests for information by the news media and the community. g. Spokesperson – The officially-designated authority who acts as the mouthpiece of the PNP and usually speaks in behalf of the C, PNP. The public information officer also usually becomes the spokesperson.  h. Limit of Disclosure – The term “limit of disclosure” applies only to limits set by legal requirements (i.e. the rights of the accused). i. Crisis – A crucial or decisive point or situation in the course of anything. It could also mean as an unstable condition, as in political, social, or economic affairs, involving an abrupt or decisive change. j. Criminal Intelligence Information – Refers to any information with respect to an identifiable person or group of persons collected by a police unit/department as part of the PNP effort to anticipate, prevent, or monitor the occurrence of a possible major criminal activity, most specially terrorist acts. k. Types of media, basic qualities and their role Types of media l. Print Media Electronic Media Basic qualities of reporter m. Skeptic Arrogant Strained Competitive Role of media n. Inform the public Public service Educate Make money USE OF INFORMATION AND COMMUNICATION TECHNOLOGY IN INVESTIGATION Information and Communications System refers to a system for generating, sending, receiving, storing, or otherwise processing electronic documents or in which data is recorded and any procedures related to the recording of electronic document. Cyber Crime is hacking or crackling which refers to unauthorized access into a computer system/server or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic documents. Electronic data message refers to information generated, sent, received or stored by electronic, optical or similar means. Addressee refers to a person who is intended by the originator to receive the electronic data message or electronic document, but does not include a person acting as an intermediary with respect to that electronic data message or electronic data document Electronic signature refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document Electronic document refers to information data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be prove and affirmed, which is receive, recorded, transmitted, stored, processed, retrieved or produced electronically. Electronic key refers to a secret code which secures and defends sensitive information that crossover public channels into a form decipherable only with a matching electronic key. Intermediary refers to a person who in behalf of another person and with respect to a particular electronic document sends, receives and/or stores provides other services in respect of that electronic data message or electronic document. Originator refers to a person by whom, or on whose behalf, the electronic document purports to have been created, generated and/or sent. The term does not include a person acting as an intermediary with respect to that electronic document. Service provider refers to a provider of online services or network access or the operator of facilities therefore including entities offering the transmission, routing, or providing of connections for online communications, digital or otherwise, between or among points specified by a user, of electronic documents of the user's choosing; or Computer refers to any device or apparatus singly or interconnected which, by electronic, electro-mechanical, optical and/or magnetic impulse, or other means with the same function, can receive, record, transmit, store, process, correlate, analyze, projects, retrieve, and/or produce information, data, text, graphics, figures, voice, video, symbols or other modes of expression or perform any one or more of these functions. E-mail is the exchange of computer-stored messages by telecommunication. E-mail messages are usually encoded in ASCII text. Five basic steps to the computer forensics: 1.Preparation 2.Collection of the data 3.Examination 4. Analysis 5. Reporting THE FIRST RESPONDER, INVESTIGATOR, AND SOCO DUTIES OF FIRST RESPONDER AND INVESTIGATOR-ON-CASE (IOC) What to do when crime is reported: -Record date, time and place of crime reported -Name of Complainant/reporter and the victim -Other details to complete 5 W’s & 1 H -Record the weather condition -Verify the veracity of the report -Inform the superior officer or the duty officer What to do upon arrival at the crime scene: -Secure/cordon the crime scene with police line -Evacuate injured persons to the nearest hospital -Prepare to take the dying declaration of the severely injured victim/s -Prevent entry/exit of any persons on the cordoned area -Look for witnesses and immediately conduct initial interview -Take note of important facts for future reference -Prepare to brief the investigator/s of the incident upon their arrival What to do if the suspect/s still at the crime scene: -The team leader will effect the arrest of the suspect/s if he is still at the crime scene -Inform superior office or duty officer and request for reinforcement -Negotiate for the suspect/s to surrender -Upon arrest the suspect/s will be secured and separated from other witnesses What to do if the suspect/s had already fled: -Inform superior or duty officer -Obtain description of any getaway vehicle(take note of the type, brand, model, color, etc) -Flash alarm for the possible route of escape and The identity of the suspect/s -Conduct hot pursuit operations Contamination – the act or process of contaminating something or becoming contaminated, or the unclean or impure state that results from this. Cordon – a line of Police Officers or soldiers, or their vehicles surrounding an area to control access to it. Crime Scene – a venue or place where the alleged crime/incident/event has been committed. Alleged – the word alleged or allegedly connotes something “claimed”. It leaves the truth of the averment an open question. Evidence – the means sanctioned by the Rules of Court, of ascertaining in a judicial preceding the truth respecting a matter of fact. These include but are not limited to documentary, testimonial, electronic and object evidence, gathered in the course of the investigation. First Responder – are members of the Police, Military, Fire, Medical Teams, and other volunteer organizations who are expected to be the first to respond to calls for assistance in cases of incidents. Venue – venue deals with the locality, the place where the suit may be had, while jurisdiction treats of the power of the court to decide the case on the merits. Suspect or suspects – individual(s) who is/are pointed to be by victim(s) and witness(es) to have had committed the crime in issue. Subject person is not considered as a criminal unless otherwise his/her conviction is pronounced in the court. Investigator-on-Case – the person responsible for and in charge of the investigation of a case. SOCO – Scene of the Crime Operatives, specialist of the Crime Laboratory group where request are addressed if the evidence encountered needs special processing due to significant or sensational cases. Dying Declaration: In order that a dying declaration may be admissible, the following requisites must concur; -It must concern the crime involved in and the circumstances surrounding the declarant’s death; -At the time of the declaration, the declarant must be conscious of impending death; -The declarant must be competent as a witness; and, The declaration must be offered in a criminal case for homicide, murder, or parricide in which the declarant was the victim.