NAPOLCOM ENTRANCE & PROMOTIONAL EXAMINATION & PNP QUALIFYING

EXAMINATION REVIEWER

POLICE CUSTOMS AND TRADITIONS

1. Customs established usage of social practices carried on by traditions that have obtained the force
of law.
2. Traditions bodies of belief, stories, customs and usages handed down from generation to generation
with the effect of unwritten law.
3. 3. Courtesy a manifestation or expression of consideration and respect for others.
4. 4. Ceremony a formal act or set of formal acts established by customs or authority as propriety to
special occasion.

THE OFFICERS CODE OFFICIAL STATEMENTS RESPONSIBILITIES TACT AND FORESIGHT PERSONAL
APPEARANCES PCO-PNCO RELATIONSHIP WELFARE OF THE POLICE PERSONNEL

• The Privileges of an Officer Police personnel are required to extend unfailing obedience and loyalty
to senior PCO and PNCO. Obedience should be shown with respect and courtesy.

• A senior PCO is normally addressed by the use of word Sir by PNCOs and NUPs. A senior police
officer is accorded the place of honor. In walking or riding, a junior sit, walks or rides at the left or
behind the senior officer.

• Courtesy demands that an officer use polite words in a well-modulated tone to convey an order. The
use of phrases, I wish or I desire partakes of the full force of a direct order.

• A police officer enjoys the reputation of being a good creditor. He is expected to settle all accounts
promptly.

POLICE CUSTOMS ON COURTESY SALUTES ALUTING

• to a person Saluting to National Colors and Standards Address/Title Addressing/Titling the junior in
ranks addresses the senior members who are entitled to salute with the word sir or mam. All PCOs
shall be addressed Sir or Mam by the PNCOs and NUPs.

COURTESY CALLS COURTESY

• Call of Newly Assigned/Appointed Members Christmas Call Promotion Call Exit Call Courtesy of the
Post Rank-has-Its-Own-Privileges

POLICE CUSTOMS ON CEREMONIES

• The National Flag Ceremonies Flag-Raising Ceremony Flag Lowering

• Ceremony Half- Mast Funeral Services and Honors Ceremony Tendered to Retirees Honor Ceremony
Turn-over Ceremony Wedding Ceremony Anniversary the National Anthem

OTHER POLICE CUSTOMS VISITING

• the sick Survivors assistance to heirs of deceased members Visiting Religious Leaders Athletics
Happy hours
VALUES AND ETHICS

BASIS:

• Republic Act No. 6713 the "Code of Conduct and Ethical Standards for Public Officials and
Employees."
• Approved: February 20, 1989.

TERMS TO REMEMBER:

1. CRIME - an act committed or omitted in violation of law forbidding or commanding it. Simple
nonfeasance, misfeasance, or malfeasance by public servants or police officers that violates the provisions
of the RPC and other statutes may constitute the commission of the crime.

2. DISHONESTY - the concealment or distortion of truth in a manner of a fact relevant to one's office or
connected with the performance of his duties.

3. DISLOYALTY TO THE GOVERNMENT - Consist of abandonment or renunciation of one's loyalty to the

government of the Philippines, or advocating the overthrow of the government.

4. ETHICAL STANDARD - refers to the conduct and behavior governing a group, a class, or organization.

5. GIFT - Refers to the thing or right disposed gratuitously, or any act of liberty in favor of another who
accepts it, and shall include a simulated sale or ostensibly onerous disposition thereof. It shall not include
an unsolicited gift of nominal or insignificant value not given in anticipation of, or exchange for a favor.

6. INCOMPETENCY - It is the manifested lack of adequate ability and fitness for the satisfactory performance
of police duties. This refers to any physical and intellectual quality, the lack of which substantially
incapacitates one to perform the duties of peace officers.

7. MALFEASANCE - It is the performance of some act which ought not to be done. It is the doing either
through ignorance, inattention or malice, of that which the officer had no legal right to do at all, as when he
acts without any authority whatsoever, exceeds, ignores or abuse his powers. Or the performance of some
act which is unlawful or wrongful or which one has specially contracted not to perform or it is sometimes
called official misconduct.

8. MISCONDUCT- This is generally premeditated, obstinate or intentional purpose. It usually refers to

transgression of some established and definite rule of action, where no discretion is left except what
necessity may demand. It does not necessarily mean corruption or criminal intention but implies wrong
intention and not mere error of judgment.

9. MISFEASANCE or Irregularities in the Performance of a Duty - It is the improper performance of some act
which might lawfully be done or the performance of a lawful act in an unlawfully or culpably negligent
manner.

10. MORALS AND MORALITY - It refers to what is judged as good conduct. The term moral is also used to
describe someone who has the capacity to make value judgments and discernment from wrong.

11. MOONLIGHTING - An act of a member of the PNP pursuing or following any calling or occupation or the
act of engaging in any business, which includes but not limited to all activities, jobs, work, and similar
functions, performed, engaged in or undertaken by him, in or off duty hours with or without compensation,
which is inconsistent or incompatible with the PNP duties and/or functions.

12. NONEFEASANCE OR NEGLECT OF DUTY - It is omission of some act, which ought to be performed. It is
the omission or refusal without sufficient excuse, to perform an act or duty, which is a peace officers’ legal
obligation to perform.
13. OPPRESSION — Imports an act of cruelty, severity, unlawful execution, or excessive use of authority.

14. POLICE CUSTOMS AND SOCIAL DECORUM - A set of norms and standards practiced by members during
social and other Functions.

15. POLICE ETHICS - It is the practical science that treats the principle of human morality and duty as applied
to law enforcement.

16. PROFESSIONAL CONDUCT - It refers to the set of behavioral standard governing particular profession or
professionals.

17. PUBLIC OFFICIAL - Includes elective and appointive officials and employees, permanent or temporary,
whether in the career or non-career service, including military and police personnel, whether they receive
compensation or not, regardless of amount.

18. PUBLIC OFFICER OR EMPLOYEE - Any persons holding any public office or employment by virtue of an
appointment, election, contract and any persons holding any office or employment, by appointment or
contract in any state-owned or controlled corporation.

19. VIOLATION OF LAW - Presupposes conviction in court of any crime or offense penalized under RPC or
any special law or ordinances. employee is a member of a board, an officer, or a substantial stockholder of a
private corporation or owner or has a substantial interest in a business, and the interest of such corporation
or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of
official duty.

20. Commitment to public interest - Public officials and employees shall always uphold the public interest
over and above personal interest. All government resources and powers of their respective offices must be
employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public
finds and revenues
 PHILIPPINE NATIONAL POLICE (PNP) LAW & HISTORY
POLICE:

 A police service is a public force empowered to enforce the law and to ensure public and social
order through the legitimized use of force.

 The term is most commonly associated with police services of a state that are authorized to
exercise the police power of that state within a defined legal or territorial area of responsibility.

THE ROLE OF THE POLICE

 The primary law enforcement body of the state is the police

THE BASIC POLICE MISSION

 preserving order bye enforcing rules of conduct or laws- was the same in the ancient communities
as it is today in sophisticated and highly urbanized societies.

 The first component of the Criminal Justice System in the Philippine setting is responsible in
performing these fundamental functions.

1. Prevention of crime and suppression of criminal activities

2. Preservation of peace and order
3. Protection of life and property
4. Enforcement of laws and ordinances
5. Regulation of non-criminal conduct
6. Investigation of crimes
7. Apprehension of criminals
8. Safeguarding of citizens' rights and public morals

EVOLUTION OF POLICE SYSTEM (Worldwide Setting)

1. How did the term POLICE evolve?
 The term police came from the Greek word POLITEIA (government of a city), which was used to
describe the group of civil officers governing the city and not necessarily the armed guarding or
policing the city. When the Romans conquered the Greeks, the changed the word slightly to
POLITIA. The French changed the word to POLICE and used it to those authorized people who
actually enforce the law. The English and the Americans borrowed the word from the French and
used it to describe a law enforcement officer.

 The creation of police force as a protective and law enforcement organization developed from the
use of military bodies as guardians of the peace such as the PRAETORIAN GUARD of ancient Rome.
The Romans achieved a high level of law enforcement, which remained in effect until the decline of
the empire and the onset of the Middle Ages. Beginning in the 5th century, policing became a
function of the heads of fiefdoms and principalities.
2. What were the developments in policing system during the Middle Ages?
 During the Anglo-Saxon (Ancient England) Period(600-1066AD), the following policing systems
were practiced:

FRANKPLEDGE System
 Policing was carried out under a system called frankpledge or mutual pledge, whereby every male
over 12 years old join nine (9) of his neighbors to form
  TYTHINGMEN - a group of men whose duty was to apprehend any person who offends another
and deliver that offender for trial. Anyone who failed to join and perform this obligatory duty was
severely fined. responsibility lies Thus, policing citizens.

b. TUN POLICING
 Tun was the forerunner of the word "town". Under this system, all male residents were required to
guard the town to preserve peace and order, protect the life and properties of the people and other
factors that disturbs the peace and order.

c. HUE AND CRY

 In this system, the complainant or victim goes to the middle of the community and shout to call all
male residents to assemble. The victim reports his complaint to the assembly. Consequently, all the
male residents will go after the criminal and apprehend him.

d. ROYAL JUDGE System

 The royal judge conducted criminal investigation and gave punishment fitted to the crime
committed. This practice started the identification of criminals.

e. TRIAL BY ORDEAL
 A suspect was required to place his hands over boiling water or oil. If he would not get hurt, he will
be acquitted but when hurt, he would be considered guilty. Double jeopardy was prevalent during
this period.

EXAMPLES OF TRIAL BY ORDEAL

1. BOILING WATER ORDEAL

 the suspect will lift a stone out of the boiling water. The graver the crime committed the deeper the
hand will be submerged to the boiling water. The burn will be bandaged for three days before
fateful examination.

2. RED HOT IRON ORDEAL

 the accused has to carry a bar of red-hot-iron on his hands while walking at a certain distance. If no
burning is present then he is innocent.

3. ORDEAL OF EUCHARIST
 the accused will be given a poisonous drink for him to take in, and if he is innocent, Saint Gabriel
will descent from heaven to prevent the accused from drinking the poisonous drink.

4. ORDEAL OF NEEDLE
 A red-hot-needle was made to pierce the lower lip of the accused and if blood will flow, he is guilty
of the crime.
5. ORDEAL OF THE TIGER
 the accused and the accuser are placed in a cage. If a tiger will spare one of them he is considered
innocent.
During the Normal Period (1066-1285)

The following are significant contributions to the development of policing system:

a. SHIRE-REEVE System. When King William Norman became the ruler of England, he divided his
kingdom into 55 military districts known as the Shire-Reeves.
• SHIRE means a district
 • REEVE means the ruler who made laws, pass judgment and impose punishment.
• He was assisted by a group of constables, the forerunner of the constabulary. The term Shire-Reeve
eventually became Sheriff, the title of the chief of constables or police officers in a certain town.
• The TRAVELLING JUDGE was held responsible in deciding cases that were taken from Shire-Reeves
due to some abuses.

b. LEGIS HENRIE. This law was enacted during the time of King Henry I, which imposed the following
features:
• Law violations were classified as offenses against the King.
• Policemen became public officials.
• The police and the citizens have the broad power to arrest.
• Grand Jury was created to inquire on the facts of the law.

c. In 1195, King Richard of England issued a proclamation entitled KEEPERS OF THE PEACE, requiring the
appointment of Knights to keep the King's peace by standing as guards on bridges and gates while
checking the people entering and leaving the cities and towns.

d. On June 15, 1215, MAGNA CARTA (Great Charter) was sealed by King John of England. This became a
law upon the demand of the Knights of the Round Table. The knights forced King John to sign the
document which declared the following:

1) No freemen shall be taken or imprisoned, disposed, outlawed, or bowed except by legal judgment of
his peers.
2) No person should be tried for murder unless there is proof of the body of the victim.
3)There should be national and local government as well as the national and local legislation.

During the WESTMINSTER PERIOD (1285-1500)

a. STATUTE OF WINCHESTER (1285) was enacted for law and order. This law introduced the system of
WATCH AND WARD

b. STATUTE OF 1295 was enacted, which began the closing of the gates of London during sunset. This
started the observation of curfew hours.

c. JUSTICE OF THE PEACE was a position given to a respected citizen, who has the power to arrest,
pursue and imprison the offenders.

d. STAR CHAMBER COURT was established as special court that tried offenders against the state.

C. What were the developments in policing system during the Modern Period (17th-19th century) in
England?

1. KING CHARLES II of England passed a law in 1663 that provided for the employment of
NIGHTWATCHMEN Or BELLMEN to be on duty from sunset to sunrise (night time)

2. In 1748, HENRY FIELDING became the Chief Magistrate at Bow Street in London. He organized a
group of men known as BOW STREET RUNNERS. He later formed the BOW STREET HORSE PATROL
whose duty was to patrol the main roads thus secure the travelers from highwaymen or highway
bandits (1st organize mobile patrol).
 3. Jonathan Wild (thief catchers). (It takes a thief to catch a thief). 1st organized foot patrol.1st group
of non-uniformed thief catchers.

4. The British statesman SIR ROBERT PEEL in 1829 established the LONDON METROPOLITAN POLICE,
which became the world's first modern organized police force.

LONDON METROPOLITAN POLICE

• It was later called SCOTLAND YARD. The development of the British police system is especially
significant because the pattern that emerged not only became a model for the American police
system but also had great influence on the style of policing in almost all industrial societies. Peel
earned the title - THE FATHER OF MODERN POLICING SYSTEM.

• In memory of Sir Robert Peel, all policemen in England are called BOBBIES.

What were the developments in FRENCH POLICE SYSTEM during the Modern Period in France?

1. During the 17th century in France, King Louis maintained a small central police organization
consisting of some 40 inspectors who, with the help of numerous paid informants, supplied the
government with details about the conduct of private individuals.
2. In Paris, the position OFFICERS DE PAIX was Peace in 1791. This was the origin of their Peace
Officers. The French were the first to establish uniformed police officers they were called
SERGENT DE VILLE (servant of the city). Other contributions of the French the development of
policing system were:

3. Conceiving street signs

4. Assigning house numbers

5. Installing street lighting

6. Creating emergency and rescue services

7. Use of police ambulances

8. Use of "warrant card" and ID signifying authority to arrest.

What were the developments in AMERICAN POLICE SYSTEM during the modern period and thereafter?

1. Policing system in America followed the model developed in England. New York, Boston and
Philadelphia organized their night watchmen, which was similar to the bellmen created in London
during the reign of King Charles II. These night watchmen were known as RATTLEWATCH because
they carried rattles while on duty to inform the public of their watchful presence.

1. Development of American municipal (rural and city) police force

a. In 1638, night-watch was initiated in Boston,

b. In 1658, rattle-watch was organized in New

c. Nigh-watch started in Philadelphia in 1700.

d. In 1722, New Haven had a police regulation that "No watchman will have the liberty to sleep".

e. In 1800, it became a government policy that able-bodied males over 16 years old were required to
serve without pay.

f. 1833 was the advent of daytime police with pay

 g. New York City police began to adopt a full police uniform in 1856.

3 Development of State Police Force in America

a. Texas Rangers were organized in 1835

b. In 1865, Massachusetts organized a force of state constables.

c. The Pennsylvania State Police came into existence in 1905.

DEVELOPMENT OF US FEDERAL POLICE FORCE

a. In 1829, Post Office Inspection System began.

b. Investigation on crimes against the government started in 1861.

c. Detective forces were formed sometime in 1868 to investigate problems on revenue services,
immigration and smuggling.

d. In 1895, Federal government attention focused on lotteries, drug regulations and transportation
regulations.

e. Anti-White Slavery Act and Motor Vehicle Act were enacted in 1910.

f. In 1934, National Kidnapping Act, Banking Act, and Racketeering Act were passed by the United
States Congress.

EVOLUTION OF POLICE SERVICE IN THE PHILIPPINE SETTING

a. What were the early developments in policing system during the Spanish Regime?

 The police force during the Spanish Regime was considered as part of the military system by the
Spanish government. The locally organized police forces, although performing civil duties and
seemingly created for the sole purpose of maintaining peace, were in fact directly commanded by
the colonial military government. Police forces organized during the Spanish regime were:

 1. CARABINEROS DE SEGURIDAD PUBLICO (Mounted Police) was organized in 1712 for the purpose
of carrying out the policies of the Spanish government. The members were armed and considered
as the mounted police. Later, they discharged the duties of a port, harbor, and river police.

 2. GUARDRILLEROS was a body of rural police organized in each town that was created by the Royal
decree of January 8, 1836. This police force was composed of 5% of the able-bodied male
inhabitants of each town or province, and each member should serve for at least 3 years.

 3. GUARDIA CIVIL was the police organization created by the Royal Decree issued by the Spanish
Crown government on February 12, 1852. It relieved the Spanish Peninsular Troops of their works in
policing towns. It consisted of a body of Filipino policemen organized originally in each of the
provincial capitals of the central provinces of Luzon under the command of Alcalde (Governor).

DURING THE JAPANESE OCCUPATION

What police force was organized?

 The Japanese Military Police, known as KEMPETAI were held responsible in maintaining peace and
order in Manila and adjacent urban areas. Kempetai ruled the urban areas until Gen. Douglas
McArthur returned on February 7, 1945.The Manila Police Department, which was created during
 the first American occupation, was renamed into Metropolitan Constabulary under the Bureau of
Constabulary.

C. What were the significant developments concerning the police service during American Occupation
until the World War II broke out?

• The first American occupation in the Philippines that came after the Filipino-American War (1898
to1901) was followed by a period of political turmoil and social imbalance.

• 1. INSULAR POLICEFORCE was established on November30,1890 during the Filipino-American war

(1898-1901) upon the recommendation of the Philippine Commission to the Secretary of War.

• 2. INSULAR CONSTABULARY was created on July 18, 1901by virtue of Act Nr. 175 titled as "An Act
Providing for the Organization and Government of an Insular Constabulary" .

• 3. MANILA POLICE DEPARTMENT (MPD) was organized on July 31, 1901 by virtue of Act Nr. 183 of
the Philippine Commission. The 1st Chief of Police was Capt. George Curry, a US Army officer
appointed by TAFT COMMISSION on August 7, 1901. Capt. Columbus Piatt was the last American
COP of MPD before WW II broke out.

• 4. On October 3, 1901, the Insular Constabulary was changed to PHILIPPINE CONSTABULARY (PC) by
virtue of Act Nr. 255.Capt. Henry T. Allen was the 1stChief of the Philippine Constabulary. He was
the PC Chief from 1901 to 1907 such that he was called as the Father of Constabulary in the
Philippines. The PC was manned mostly by Filipinos but officers were mostly Americans.

• 5. REVISED ADMINISTRATIVE CODE OF 1917 was approved a year before World War I (August 1914
to November1918) ended. In Section 825 of this law, it stated that the Philippine Constabulary is a
national police institution for preserving the peace keeping order and enforcing the law. Brig/Gen.
Rafael Crame became the first Filipino Chief of Police. He served as the PC Chief from 1917-1927.

• 6. On January 1, 1932 Act Nr.3815, otherwise known as the Revised Penal Code of the Philippines
took effect.

• 7. In November 1938, Act Nr. 181 required the creation of a Bureau of Investigation. This agency
should be the modification of the Division of the Department of Justice. Finally, on June 19, 1947,
Republic Act Nr. 157 was enacted which created the National Bureau of Investigation.

COL. ANTONIO C. TORRES

Col. Antonio C. Torres - the 1st Filipino COP when Manila Police Department became an all-Filipino
police organization; declared Manila as an open city when World War II broke-out in 1941; during
the World War II, Manila police was placed again under the American control.

COL. MARCUS ELLIS JONES

Col. Marcus Ellis Jones - a U.S. Provost Marshall who was named as MPD COP just after the Manila
Liberation.

COL. LAMBERTO T. JAVALERA

Col. Lamberto T. Javalera - the 1st Filipino COP of MPD appointed by Pres. Roxas under the Republic
Government.
After the World War II, what laws were enacted relevant to the development of police service in the
Philippines?

1. In 1960, Republic Act Nr. 2678 was enacted and reorganization of the NBI. This law established the
NBI is both an investigative service agency.

2. On January 11 1964, the RULES OF COURT took This procedural law was construed in order to
promote the broad objective of the criminal justice system and to assist obtaining just, speedy
inexpensive determination of every legal action and proceeding.

3. On September 18, 1966, Republic Act Nr. 4864otherwise known as POLICE ACT OF 1966 was
enacted. The law created the office of the COMMISSION (which was later called National Police
Commission under the Office of the President. Originally, the POLCOM created as a supervisory
agency to the PC. Its function was to oversee the training and professionalization of the local police
forces reformation professionalization of the police service gained official recognition.

4. On August 8, 1975, Presidential Decree Nr. 765 was enacted and stipulated that the Office of the
NAPOLCOM should be under the office of the Ministry of National Defense. The relationship
between the Integrated National Police and the Philippine Constabulary. This was in compliance
with the provision of Section 12, Article Constitution.

5. On December 13, 1990, Republic Act Nr. 6975 was approved by then President Corazon Aquino. This
law was known as the DILG Act of 1990 but it was also recognized later as the PNP Law of 1991.This
law created the Philippine National Police and declared it to be the only police force of the country
with national in scope and civilian in character

6. On February 25, 1998, Republic Act Nr. 6975provisions concerning the PNP were amended when
President Fidel Ramos approved Republic Act Nr.8551. Republic Act Nr. 8551, known as the PNP
Reform and Reorganization Act of 1998, reorganized the PNP for the purpose of reforming and
professionalizing it.

7. On February 8, 2019, Republic Act No. 11200 was approved by President Rodrigo Roa Duterte. This
law provides for the New Rank Classification of the PN, amending for the purpose Section 28 of
Republic Act No. 6975, as amended by Republic Act No. 8551.

THEORIES IN POLICING SYSTEM

1. HOMERULE THEORY

 Policemen are servants of the community

 Public officers and government officials are public servants.
 Effectiveness of policemen depends on the express wishes of the people.
 Happens in decentralized government.

2. CONTINENTAL THEORY

 Policemen are servant of higher authority.

 They just follow the wishes of top official of the government.
 Happens in centralized/socialist country
EXAMPLE: Peoples Republic of China

WHAT IS THE BASIS OF POLICE SYSTEMS

1. CONTINENTAL/ OLD POLICING

 The yardstick of the efficiency of the police is determined by the number of arrest.
  Punishment is the sole instrument of crime control.

2. MODERN SYSTEM – The yardstick of police efficiency is the absence or lesser occurrence of crimes
committed in their area of responsibility.

POLICE OMNIPRESENCE is considered as the tool or instrument in crime prevention.

WHAT IS POLICE OMNIPRESENCE?

• Uniformed policemen will go out to the field and patrol for the public to see them which gives
them the feeling of security and the elimination of opportunity to commit crime on the part of the
criminal.

THREE STYLES OF POLICING

1. Legalistic: an emphasis on violations of law, and the use of threats or actual arrests to solve
disputes.
2. Watchman: an emphasis on informal means of resolving disputes.
3. Service: an emphasis on helping the community, as opposed to enforcing the law.

POLICE ORGANIZATION CONCEPTS AND PRINCIPLES

1. Police Organizational Units

• Functional Units: Functional units are those parts/components of the police organization that are
well-designed to work or perform definite tasks. The functional units of the police department are
as follows:

• BUREAU: the largest organic unit within a large department, each bureau is composed of a number
of divisions.

• DIVISION: the primary subdivision of a bureau

• SECTION: smaller functional unit within a division that is necessary for specialization purposes

• UNIT: the smallest group within a section when further specialization is needed

• Geographical Units: These are components of the police organization based on territorial
jurisdiction.

a. POST: a fixed point or location where a police officer is assigned for duty, such as the designated desk
(station desk), an intersection or cross walk, or a point of ingress or egress; a permanent spot for
general guard duty.

b. ROUTE: a length of street/s designated for patrol purposes; also called LINE BEAT.

c. BEAT: an area assigned for patrol purposes, whether by foot or motorized

d. SECTOR: an area containing two or more beats, routes, or posts

e. DISTRICT: a geographical subdivision of a city for patrol purposes, usually with its own station

f. AREA: a section or territorial division of a large city or metropolis, each composed of designated
districts

Principles of Police Organization

1. PRINCIPLE OF UNITY OBJECTIVES: The police is effective if it enables every police officer to play a part in
the attainment of the objectives of the police organization

2. PRINCIPLE OF ORGANIZATIONAL EFFICIENCY: This principle requires that, in order that the PNP
organization is effective, it must be structured in a certain manner to accomplish the police objectives with
a minimum cost.

3. SCALAR PRINCIPLE: This principle requires vertical hierarchy of an organization. This vertical hierarchy
defines the unbroken chain of units and command from top to bottom describing explicitly the flow of
authority.

a. Unity of Command: This scalar principle states that a group of police officers should only be under
the control of one superior or ranking police officer.

b. b. Span of Control: This principle states that a senior police officer should be provided with men not
more than what he can effectively direct.

c. c. Delegation of Authority: If you are Chief of Police, you must designate some of your immediate
subordinates to exercise a part of your administrative power. However, that power you have passed
on carries an appropriate responsibility.

4. FUNCTIONAL PRINCIPLE: This principle is otherwise known as division of work according to type, place,
time and specialization.

5. LINE AND STAFF PRINCIPLE: This principle implies a system of varied functions arranged into a workable
pattern. This principle states that operational (line) units are responsible for the direct accomplishment of
the objectives while the administrative (staff) units are responsible for support or advisory functions that
facilitate the capacity of the operational units.

6. PRINCIPLE OF BALANCE: Being the head of the patrol division, if you apply the principles of organization,
application must be balanced to ensure the effectiveness of the patrol force in accomplishing its objectives.

7. PRINCIPLE OF ABSOLUTENESS OF RESPONSIBILITY: This principle states that the responsibility for
performance of the deputy chief to the chief of police is absolute(unconditional) and vice versa, and that
the chief of police cannot escape his accountability on the activities performed by his subordinates.

8. PRINCIPLE OF PARITY AND RESPONSIBILITY: The responsibility of the head of the Investigation Section
for the actions of his detectives cannot be greater than that implied by the authority he has delegated nor
should it be less.

9. PRINCIPLE OF FLEXIBILITY: This is the principle which states that there is higher tendency that the PNP
can fulfill its purpose if the organization receives more provisions for flexibility (adaptability).

10. PRINCIPLE OF AUTHORITYLEVEL (HIERARCHY OF AUTHORITY): Decisions within the authority of the
police station commanders should be made by them and should not be referred to their superiors, such as
the police district commander (or PNP provincial director).

PHILIPPINE POLICE SYSTEM

1. CHIEF, PNP

• Number 1 person in PNP

• Headed by a Police General

2. DEPUTY CHIEF FOR ADMINISTRATION

 • Number 2 person in the PNP
• Headed by a Police Lieutenant General
3. DEPUTY CHIEF FOR OPERATION

• Number 3 person in the PNP

• Headed by a Police Lieutenant General

HOW MANY DIRECTORIAL STAFF ARE THERE IN THE PNP?

1. Directorate for Integrated Police Operations

2. Directorate for Information and Communication Technology Management
3. Directorate for Personnel and Records Management- Responsible in the recruitment, selection,
appointment, promotion and retirement of PNP officers.
4. Directorate for Intelligence- Eyes and ears of the PNP.
5. 5. Directorate for Plans- Responsible in the preparation of all operational plans of the PNP.
6. 6. Directorate for Operation- Responsible in the Implementation of all operational plans of the PNP
7. 7. Directorate for Logistics- Responsible in the procurement of all supplies or equipment of the PNP
8. 8. Directorate for Comptrollership- Considered as the treasurer of the PNP
9. 9. Directorate for Research Development- Study and test all equipment being offered to the PNP.
10. 10. Directorate for Human Research and Doctrine Development- In charge in conducting in-service
training
11. 11. Directorate for Police Community Relations-Deodorant and make-up artist of the PNP

12. 12. Directorate for Investigation and Detective Management- Oversee criminal investigation in the
PNP.

11 ADMINISTRATIVE SUPPORT UNITS

1. Legal Service
• Provides legal expertise to the PNP
• Aid in resolving legal issues of the PNP
2. Health Service
• Provides medical and dental care to PNP members and kins
3. Chaplain Service
• Provides spiritual assistance to PNP members and kins
4. Communication and Electronic Service
• Provides telecommunication needs of the PNP.
5. Engineering Service
• Provides technical expertise in engineering and architecture.
6. Finance Service
• Delivers the salaries of the PNP officers in their offices.
7. Information Technology Management Services
• Provides technical expertise regarding the use of computers and computer applications to the PNP.
Prints the salaries of the police officers
8. Logistics Support Services "tagatustos”
• Delivers supplies and equipment to the PNP units in the field.
9. Training Service
• Oversee the conduct of training done by DHRDD
10. PNP Retirement Benefits Admin Service
• Provides necessary services to retirees, pensioners and their survivors.
11. Headquarters Support Service
• Provides all needed services to the PNP whether national, regional and provincial headquarters.
14 OPERATIONAL SUPPORT UNITS

Headed by Police Brigadier General

1. Special Action Force (SAF)

• Elite unit of the PNP
2. Aviation Security Group
• Maintains the security of all local and international airports.
3. Maritime Group
• Patrol coastal area and implement the Fishery Law.
4. Highway Patrol Group
• Conduct traffic at national highways and implement the Anti-Carnapping Law
5. Intelligence Group
• Gathersinformation in the field surreptitiously.
6. Crime Laboratory
• Provides forensic expertise to the PNP.
7. Criminal Investigation and Detection Group
• Investigate crimes.
8. Police Security and Protection Group
• Provides VIP security to government officials.
9. Civil Security Group
• Supervises all security agency and guard as well the licensing of firearms
10. Police Community Relations Group
• Conducts PNP image building activities in the field.
11. PNP Anti-Cybercrime Group
• Conducts investigation regarding cybercrime activities
12. PNP Drug Enforcement Group
• Conducts drug suppression through the coordination with PDEA.
13. PNP Anti-Kidnapping Group
• Responsible in the prevention and investigation of kidnapping incidents
14. PNP EOD/K9 Group
• Respond, detect and manage to any activities regarding bombing and explosions to minimize
loss of life and damage to properties. It also assists in the detection of presence of drugs within
a certain area.

17 POLICE REGIONAL OFFICES

Headed by regional directors with a rank of Police Brigadier General except in NCRPO whose regional
director has the rank of Police Major General.
Police Regional Offices Composition:
1. Regions 1-3, 5-13 (12 regions)
2. CALABARZON (Reg. 4-A)
3. MIMAROPA (Reg. 4-B)
4. CAR
5. NCR
6. ARMM

NCRPO's 5 POLICE DISTRICTS

a. Manila Police District
 b. Quezon City Police District
c. Northern Police District
d. Southern Police District
e. Eastern Police District

PROVINCIAL POLICE OFFICES

• Headed by a Provincial Director with a rank of Police Colonel.

CITY POLICE OFFICES

• Headed by a City Director with a minimum rank of Police Lieutenant Colonel.

MUNICIPAL POLICE STATIONS

• Supervision and control of the City Police Forces of highly urbanized cities is provided by the
Regional Commander of the area.
MUNICIPAL POLICE STATIONS

• Supervision
and control of
the City Police
Forces of
highly
urbanized
cities is
provided
by the
Regional

Commander of the area.

POLICE TERMINOLOGIES/ JARGONS

1. ORGANIZE - to form a police unit for the purpose of accomplishing a common objective; to arrange
systematically a group of police unit/s.

2. ORGANIZING - the act of systematically arranging police units in hierarchical order to perform
specific functions thus achieve desired objectives.

3. MANAGE - to direct or conduct the affairs or interests of various police units; to control the
direction, operation, and business of a police unit or the police organization as a whole.

4. POLICE MANEGEMENT - the art or manner of administering, controlling, or handling all the various
aspects of the police organization; the skillful use of means to accomplish the task, purpose or
objective of a police unit or organization.

5. POLICE POLITICS- the study of public administration or affairs of the government in relation to
police matters; maneuvering for power within the police organization.

6. POLICE POWER - the power of the government to impose what is considered reasonable restriction
on the liberties of its citizens for the maintenance of public order and safety; legally speaking, it is
the power of the government to enact laws or regulations relative to persons and property that
may promote public health, public morals, public safety, and the general welfare and convenience
of the people.

7. POLICEA CCOUNTABILITY- the inherent responsibility of the police organization to be answerable

for the misconducts committed by its members; it may also refer to the legal responsibility of the
 police officers to face any consequence that may arise while exercising their powers, duties and
functions.

8. SWORNOFFICER- a personnel of the police department who took his oath of office and thus possess
the power to arrest

9. SUPERIOR OFFICER- an officer having supervisory responsibilities (either temporary or permanent)

over an officer of lower rank

10. SUBORDINATE- an officer belonging to the lower or inferior rank

11. COMMANDING OFFICER- an officer who is in command of a police department, bureau, division,
district, or area/station

12. RANKING OFFICER- an officer having the more senior/higher rank in a team or group of police
officers

13. COMMISSIONED OFFICER (PCO)- a police officer with a rank of Police Lieutenant and higher.

14. NON - COMMISSIONED OFFICER (PCNO) - a police officer with a rank of Police Executive Master
Sergeant and lower.

15. LENGTH OF SERVICE- the period of time that has elapsed since the oath of office was administered
included or added to an officer; previous active services maybe

16. ON-DUTY- the period when an officer is actively called ACTIVE DUTY engaged in the performance of
his duty; also

17. SPECIAL DUTY- in the police service, it is the form of duty requiring an officer to be excused from
the performance of his active regular duty

18. OFF-DUTY- the nature of which the police office is free from specific routine duty

19. LEAVE OF ABSENCE- a specified period during which an officer is excused from active duty or direct
participation in police work

20. SICK LEAVE: a period wherein an officer is excused from active duty by reason of illness or injury

21. SUSPENSION- consequence of an act that temporarily deprives an officer from the privilege of
performing his duties as result of violating a directive or other departmental regulation

22. DEPARTMENTAL RULES/POLICIES- rules established by the police department

directors/administrators to control the conduct of the members of the police force

23. DUTY MANUAL- a book of instruction that describes the procedures and defines the duties of
officers assigned to a specified post or position

SALIENT FEATURES OF REPUBLIC ACT NO. 8551: WHAT IS REPUBLIC ACT NO.8551?

* R.A. 8551 is an act providing for the reform and reorganization of The Philippine National Police. It
amends certain provisions o Republic act No.6975 which established the Philippine National Police under a
reorganized Department of the Interior and Local Government.

HOW IS R.A. KNOWN?

R.A. 8551 is known as the "Philippine National Police Reform and Reorganization Act of 1998"

WHAT IS THE DECLARED POLICY OF THE STATE WITH REGARDS TO THE POLICE?
 • It is the policies of the state of establish a highly efficient and complete police force which is
national in scope and civilian in character administered and controlled by a national police
commission.

• As such the Philippine national police (PNP) shall be a community and service-oriented agency
responsible for the maintenance of peace and order and public safety. It shall be so organized to
ensure accountability and uprightness in police exercise of the discretion as well as to achieve
efficiency and effectiveness of its members and units in the performance of their functions.

WHAT IS THE ROLE OF THE DILG AND THE PNP IN COUNTER INSURGENCY FUNCTIONS AND IN TIMES OF
NATIONAL EMERGENCY?

• Section 12 of Republic Act No. 6975 has been amended such that the Department of the Interior
and Local Governments now relieved of the primary responsibility on matters involving the
suppression of insurgency and other serious threats to national security.

• The Philippine National Police shall, through information gathering and performance of its
ordinary police function support in the Armed Forces of the Philippines on matters involving
suppression of insurgency, except in the cases where the president shall call on the PNP to support
the AFP in combat operations. However, times of national emergency, the PNP, the Bureau of Fire
Protection, the Bureau of Jail Management and Penology shall, upon the direction of the President
assist the Armed Forces in meeting the national emergency.

WHAT IS THE COMPOSITION OF THE NATIONAL POLICE COMMISSION UNDER R.A. 8551?

• Section 13 of Republic act no. 6915 has been amended such that the National police commission,
herein after referred to as the Commission, is hereby created for the purpose of effectively
discharging the functions prescribe in the Constitution and provided in R.A. 8551.
• The Commission shall be an agency attached to the DILG for policy and program coordination. It
shall be composed of a chairperson, four regular Commissioners, and the Chief of PNP as ex-officio
member.
• Three (3) of the regular commissioners shall come from the civilian sector who are neither active
nor former members of the police or military one.

WHAT QUALIFICATION MUST ONE POSSESS TOBE A MEMBEROF THE COMMISSION?

• No person shall be appointed regular member of the Commission unless:

a. He or she is a citizen of the Philippines;

b. b. A member of the Philippine Bar with at least five (5) years’ experience in handling criminal or
human rights cases of a holder of a master's degree but preferably a doctorate degree in public
administration, sociology, criminology, criminal justice, law enforcement and other related
disciplines; and,

c. . The regular member coming from the law enforcement sector should have practical experience in
law enforcement work for at least (5) years while the three (3) other regular commissioners must
have done extensive research work or projects on law enforcement, criminology or criminal justice
or members of duly registered non-government organization involved in the promotion of peace
and order.

WHAT IS THE TERM OF OFFICE OF A COMMISSIONER?

• The tour (4) regular and full-time Commissioner shall be appointed by the President for a term of
six (6) years without re-appointment or extension
WHO HAS THE AUTHORITY TO REORGANIZE THE PNP?
• The NAPOLCOM

WHAT ARE THE CRITERIA WITHIN WHICH THE REORGANIZATION MUST BE BASED?

• Two criteria are provided by the law, namely

a. Increased police visibility through dispersal of personnel from the headquarter to the field offices
and by the appointment and assignment of non-uniformed personnel to positions which are not
actually and directly released to police operations;
b. b. Efficient and optimize delivery of police services to the communities.

WHAT ARE THE GENERAL QUALIFICATION FOR APPOINTMENT?

• No person shall be appointed as officer or member of the PNP unless he or she possesses the
following minimum qualifications;
a. A citizen of the Philippines
b. A person of good moral conduct
c. Must have passed the psychiatric/psychological drug and physical test to be administered by any
NAPOLCOM accredited government hospital for the purpose of determining physical and mental
health
d. Must possess a formal baccalaureate degree from a recognized institution of learning
e. Must be eligible in accordance with the standards set by the Commissions
f. Must not have been dishonorable from military employment or dismissed for cause from any
civilian position in the have been convicted by final judgment of an offense or crime involving
g. Must be at least one meter and sixty-two centimeter (1.62) in height for male and one meter and
fifty-seven (1.57) for females
h. Must weight not more or less than five kilograms (5 kgs) from the standard weight corresponding to
his or her height, age and sex

Take Note:
For a new applicant must not less than twenty-one (21) nor more than thirty (30) years of age,
except for the qualification the above enumerated qualifications shall continuing in character and in
and an absence of any one of them at any given time shall be ground for separation or retirement
from the service. Provided, that PNP members who are already the service upon the effectivity of
this Act shall be given at least two (2) more years to obtain the minimum educational qualification
and one (1) year to satisfy the weight requirement.

WHAT HAPPENS TO CURRENT MEMBERSOF THE PNP WHO WILLFAIL TO SATISFY ANY OF THE
REQUIREMENT ENUMERATED ABOVE AFTER THE LAPSE OF THE TIME PERIOD FOR THE SATISFACTION OF
A SPECIFIC REQUIREMENT?

• They shall be separate from a service if they are below fifty (50) years of age and have served in
Government for Less than twenty (20) years without prejudice in either case to the payment of benefits
they may be entitled to under existing law.

• The following can be waived in the following order:

“AHWE”

(a) Age
(b) Height
(c) Weight
 (d) Education

WHEN CAN THESE REQUIREMENTS BE WAIVED?

• Only when the number of qualified applicants fall below the annual quota

WHAT IS THE NATURE OF APPOINTMENT UNDER A WAIVER PROGRAM?

• Any PNP uniformed personnel who is admitted due to the waiver of the education or weight
requirements shall be temporary appointment pending the satisfaction of the requirement waived.
Any number who will fail to satisfy any of the waived requirements within the specified time period
shall be dismissed from service.

WHAT IS THE CALLED FIELD TRAINING PROGRAM?

The field training program involving actual experience and assignment in patrol, traffic and
investigation as a requirement for permanency of appointment.

WHO ARE REQUIRED TO UNDERGO THE FIELD TRAINING PROGRAM?

 All uniformed members of the PNP WHO SHALL ADMINISTER THE ENTRANCE AND
PROMOTIONAL EXAMINATION FOR POLICE MAN?

 The National Police Commission shall administer the entrance and promotional
examinations for policemen on the basis of the standards set by the Commission.

CAN THE TENURE OF THE PNP CHIEF BE EXTENDED?

• Yes, in times of war of other national emergency declared by congress, the President extend the
PNP Chief's tour of duty.

WHAT IS THE COMPULSORY RETIREMENT AGE OF A PNP UNIFORMED PERSONNEL?

  56 years old

WHEN IS THERE ATTRITION BY RELIEF?

• When a PNP uniformed personnel who has been relieved for just cause and has been given an
assignment within two (2) years after such relief shall be retired or separated.

WHEN IS THERE DEMOTION IN POSITION OR RANK?

• When any PNP personnel, civilian or uniformed who is relieved and assigned to a position lower
than what is established for his or her grade in the PNP staffing pattern and who shall not be
assigned to a position commensurate to his or her grade within eighteen (18) months after such
demotion in position shall be retired or separated.

WHEN IS THERE ATTRITION BY NON-PROMOTION?

• When any PNP personnel who was not been promoted for a continuous period often (10) years
shall be retired or separated.

WHAT IS THE EFFECT OF BEING DISMISSED FROM THE PNP PURSUANT TO ANY OF THE ESTABLISHED
SYSTEM OF ATTRITION?

• For a PNP personnel who has rendered at least twenty (20) years of service he or she shall be
separated from the service.

• For a PNP personnel who has rendered less than twenty (20) years of service he or she shall be
separated from the service.

CAN PNP PERSONNEL WHO ARE RETIRED OR SEPARATED UNDER ANY OF THE ATTRITION SYSTEM RECEIVE
BENEFITS?

• Yes, unless the personnel are disqualified by law receive such benefits.

WHAT ARE THE REQUIREMENTS FOR REGULAR PROMOTION OF A UNIFORMED MEBER OF THE PNP?

• A uniformed member of PNP shall not be eligible from promotion to a higher position or rank
unless he or she has successfully passed the corresponding promotional examination given by the
commission or the Bar or the corresponding board examinations for technical services and other
professions has satisfactorily completed the appropriate and accredited course in PNP or equivalent
training institution and has satisfactory passed the required psychiatric psychological and drug tests.

• In additions, no uniformed member of the PNP shall be eligible for promotion during the tendency
of his or her administrative and or criminal case or unless he or she been cleared by the People's
Law Enforcement Board (PLEB) and the Office of the Ombudsman of any complaints proffered
against his or her if any.

IS THERE ANOTHER FORM OF PROMOTION FOR A UNIFORMED MEMBER OF THE PNP?

• Yes, uniformed members of the PNP who has exhibited acts of conspicuous courage and gallantry
at the risk of his or her life above and beyond the call of duty shall promoted to the next higher rank
provided that such acts shall be validated by the commission based on established criteria.

HOW WILL THE RETIREMENT BENEFITS OF PN PERSONNEL BE COMPUTED?

• Monthly retirement pay and longevity pay for the retired grade in case of twenty (20) years of
active service increasingly by two and one-half percent (2.58) for every of active service rendered
 beyond twenty (20) years to a minimum of ninety (90%) for thirty-six (36) years of active service and
over provided that the uniformed personnel have the option to receive in advance and in lump sum
of his retirement pay for the first five (5) years provided further that payment of the retirement
benefits in lump sum shall be within six (6) months from effectivity date of retirement and or
completion provided finally that retirement pay of the officers/non-officers of the PNP shall be
subject to adjustments based on the prevailing scale of base pay police personnel in the active
service.

WHAT WILL AN OFFICER OR NON-OFFICER HAVING PERMANENT PHYSICAL DISABILITY BE ENTITLED TO?

• An officer or non-officer is permanently and totally disable as a result of injuries suffered or

sickness contracted in the performance of his duty as duly certified by the National Police
Commission upon finding and certification by the appropriate medical officer that the disability or
sickness renders such members unit or unable to further perform the duties of his position shall be
entitled the one year salary and to a lifetime pension equivalent eighty (80%) of his last salary in
addition to other benefits as provided under existing laws.

WHAT IS THE STATUS OF MEMBERS OF THE PNP UNDER RA 8551?

• The uniformed members of the PNP shall be considered employees of the National Government
shall draw their salaries there from. They shall have the same salary grade level as that of public-
school teachers provided that PNP members assigned in Metropolitan, Manila chartered cities and
first-class municipalities may be paid financial incentive by the local government unit concerned
subject to the availability of funds.

WHAT IS THE EARLY RETIREMENT PROGRAM UNDER RA 8551?

• Any PNP officer or non-commissioned officer may retire and be paid separation benefits
corresponding to a position two (2) rank higher than his or her present rank subject to the following
conditions;

• a. That at the time he or she applies for retirement he or she already rendered at least ten (10)
years of continuous satisfactory service

• b. The applicant has scheduled for separation of retirement from the service due to the attrition
system or separation for cause

• c. He or she has no pending administrative or criminal cased.

• d. He or she has at least three (3) more years in the service before reaching the compulsory
retirement age and at least a year before he or she maximum tenure in the position of government
service

WHAT ARE THE POWERS AND FUNCTIONS OF THE INTERNAL AFFAIRS SERVICE (IAS)?

•The Internal Affair Service of the PNP shall;

a. Proactively conduct inspections and audits on PNP personnel and units

b. Investigate complaints and gather evidence in support of an open investigation

 c. Conduct summary hearings on PNP members facing administrative charged. Submits a periodic
report on the assessment, analysis and evaluation of the character and behavior of PNP personnel
ad units to the Chief PN and the Commission

e. File appropriate criminal cases against PNP members before the courts as evidence warnings and
assist in the prosecution of the case

f. Provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP.

AN THE IAS ON ITS OWN INITIATIVE CONDUCT INVESTIGATION OF PNP MEMBER?

Yes, IAS can conduct motu propio, automatic investigation of the following cases:

a. Incidents where police personnel discharge a firearm

b. Incident where death, serious physical injury or any violation of human rights occurred in the
conduct of a police operation

c. Incidents where evidence was compromised, tampered with obliterated or lost while in the custody
of police personnel

d. Incident where a suspect in the custody of the police was seriously injured

e. Incidents where the established rules of engagement have been violated.

WHO HEADS THE OFFICES OF THE IAS?

• The Internal Affairs Service shall be headed by an Inspector General how shall be assisted by a
Deputy Inspector General. The regional offices shall be headed by a director while the provincial
offices shall be headed by a Superintendent.

WHO SHALL APPOINT THE INSPECTOR GENERAL?

• Inspector General shall be appointed by the President upon recommendation of the Director
General of the PNP and duly endorsed by the commission.

• Any complaint by a natural or juridical person against any member of the PNP

WHERE IS A CITIZEN'S COMPLAINT BE FILED?

• Any complaint by a natural or juridical person against any member of the PNP shall be brought
before the following;

a. Chiefs of Police - Where the offense is punishable by withholding of privileges, restriction to specified
limits suspension or forfeiture of salary or any combination thereof for a period not exceeding fifteen (15)
days

b. Mayors of cities and municipalities - Where the offense is punishable by withholding of privileges,
restriction to specified limits, suspensions or forfeiture of salary or any combination thereof for a period of
no less than sixteen (16) days but not exceeding thirty (30) days

c. People's Law Enforcement Board (PLEB) - Where the offense is punishable by withholding of privilege,
restriction to specified limits suspension or forfeiture of salary or any combination thereof for a period
exceeding thirty (30) days or by dismissal.

WHAT IS A "MINOR OFFENSE"?

• For purposes of RA 6975, a Minor Offense shall refer to any act or Mission not involving moral turpitude
but affecting the internal discipline of the PN and include but not limited to;
 a. Simple misconduct or negligence

b. Insubordination

c. Frequent absence and tardiness

d. Habitual drunkenness

e. Gambling prohibited by law

WHO EXERCISE DISCIPLINARY POWERS OVER "MINOR OFFENSE" INVOLVING INTERNAL DISCIPLINE?

a. Provincial directors or equivalent supervisors may summarily impose administrative punishment of

admonition or reprimand restrictive custody withholding of privileges forfeiture of salary or suspension for
any combination of the foregoing provided that in all cases the total period shall not be exceed thirty (30)
days

b. Police Regional Directors or equivalent supervisors shall have the power to impose upon any member the
disciplinary punishment of dismissal from the service. He may also impose the administrative punishment
of admonition or reprimand restrictive custody withholding to privileges suspension of forfeiture of salary
demotion or any combination of the foregoing provided that in all cases the total period shall not exceed
sixty (60) days

The Chief of the PNP shall have the Power to impose the disciplinary punishment of dismissal from the
service suspension or forfeiture of salary or any combination there for a period not exceeding one hundred
eighty (180) days provided further that the chief of the PNP shall have the authority of place police
personnel under restrictive custody during the tendency of a grave administrative case filed against him or
even after the filing of a criminal complaint grave nature against such police personnel.

PHILIPPINE CONSTITUTION AND HISTORY

CONCEPTS OF STATE AND GOVERNMENT

1. State Defined:

a. A politically organized body of people usually occupying a definite territory; especially one that is
sovereign

b. The political organization of such a body of people

c. A government or politically organized society having a particular character

d. d. A community of persons more or less numerous occupying a definite territory completely free of
external control and possessing an organized government to which the great body of inhabitants
render habitual obedience

e. e. A human society composed of individuals bound together by an order of normative rules "which
defend the rights and duties which they have toward one another, the end which they may pursue,
and way in which it is legitimate to pursue them."

ELEMENTS OF THE STATE

a. People - inhabitants or population which its number is not definite but should be politically united. The
people may be of one nation, united by common aspirations and interests; or of more nations having
different cultures and aspirations.

b. Territory - the land within the boundaries of the state, the air space above the land, the inland waters like
the rivers, the springs, lakes, bays, mineral and natural resources, and the twelve miles of the sea beyond
the state's coastlines. In case of archipelago, it includes the bodies of water surrounding, in between and
connecting the islands including the sea beds, continental shelves and other marine areas beneath these
bodies of water. It is also the geographic location which affects the political, economic, and military policies
in protecting and preserving the state's territory.

c. Government -the essential instrument or machinery of the state that carries out its will, purposes and
objectives.

d. Sovereignty - the supreme and final legal authority of the state to enforce its will on its members by
coercive sanctions.

Two aspects of Sovereignty:

1) Internal sovereignty the supreme or absolute power of the state to enforce its will on the people within
its territory implying that the government must possess adequate powers to control and regulate the
conduct and affairs of the people within the territory

2) External Sovereignty- the independence from the control by any other state in which such independence
should be recognized and respected by other nation-states.

Characteristics of sovereignty:

1) Absolute- the state is not subject toother powers Jean Bodin (1530-1597), father of modern theory of
sovereignty, defined sovereignty as the "supreme power over subjects and their possession sun restrained
by law because the sovereign is the source of law. "De Maistre, French political philosopher during the
French Revolution, defended the absoluteness of sovereignty by asserting that every kind of sovereignty
was absolute in nature and sovereignty is always one, inviolable, and absolute no matter where it is located
and how it is defined. Exception to absoluteness of sovereignty is the presence of treaty agreements with
other states.

2) Comprehensive-supreme legal authority extends to all the citizens, aliens, associations, or organizations
within its boundaries. Exception presence of rules of international relations like diplomatic immunity under
mutual respect or international courtesy

3) Permanent - perpetual as long as the state exists because sovereignty is an inherent attribute of the
state. Rulers may be ousted through elections or over thrown through revolutions and government may be
changed but sovereignty exists as long as the state exists.

4) Indivisible – supreme authority or supreme will is the monopoly of the state Controversies:

a) Bodin, though asserts the indivisibility and absoluteness of sovereignty, he advocated that sovereignty
should be limited by the laws of the nation, laws of God, and natural laws which required the sovereign to
respect agreements involving political obligations toward his subjects or toward other sovereigns and the
right of private property.

b) Another limitation to Bodin's theory -existence of a peculiar class of laws (leges imperii) which are
essentially connected with the exercise of sovereignty which cannot be changed by the sovereign

c) Rousseau, sovereignty is inalienable and indivisible in terms of the "general will," which is for the
common good or binds and favors all the citizens equally
Types of State Sovereignty:

1) Legal sovereignty - supreme authority of the state expressed by law and the constitution John
Austin,19thcentury English jurist, described law, in his Lectures on Jurisprudence, as a supreme command
enforce by the ruler upon his people who in turn render habitual loyalty and obedience to the ruler. He also
calls law positive law.

2) Political sovereignty (electoral sovereignty) - supreme will of the state expressed by the electorate like in
the choice of public officials/officers during election.

3) Popular sovereignty - supreme authority of the state which resides in the people who are the ultimate
source of power and so they possess coercive power to control government through which they allow
themselves to be governed.

Examples:

• Edsa People Power

• Downfall of the European communist governments

• Fragmentation of the Soviet Union into free independent republics Corroborated by:

• Locke's theory of popular sovereignty in which the people choose their representative to the parliament
Rosseau's theory in which whoever refuses to obey the "general will" may be compelled to do so by the
whole community

4) De Facto sovereignty - vested upon person or group of persons who succeeded in displacing the
legitimate sovereign A Revolutionary government is a de facto

5) De Jure sovereignty - the sovereignty is based upon the supremacy of law or the sovereignty is formally
expressed by the constitution and by the law enacted conformably with its provisions.

Origin of State

1. Divine Right Theory - considered the oldest in which it claims that state is created by God; authority
to govern is ordained by God; rulers were regarded as of divine descent; God's appointment a
legitimated the king's rule; and challenging the ruler is to challenge God.

a. Biblical roots - development of kingship among the Hebrews from Saul's reign; & affirmed by Paul
(Romans 13:1)

b. This theory was dominant up to the end of the Middle Ages

c. Still prevalent up to the 20th century in monarchial countries in Europe, Asia, and Russia

2. Social Contract Theory - became popular during the 17th to 18th centuries; explains that states were
formed by means of social contract of men who lived in a state of nature, which means that men lived
together without a super-body to establish peace and order and settle conflicts

a. Social Contract Theory of Thomas Hobbes -viewed man in a state of despicable, nasty, and brutish;
compared life to a life in a jungle; and self-preservation, peace and order, could be attained only by
submitting to an absolute sovereign monarch the great Leviathan or mortal God) who, in return would
preserve peace and give his people the needed security. George H. Sabine and Thomas L. Thorson believed
that this theory is equally workable in any modern government, and that in Hobbes' political and social
philosophy, sovereignty is indivisible and in alien able in the sovereign ruler who has no obligation to his
subjects.
b. Social Contract Theory of John Locke - men are rational beings and could make use of natural law for
their own good but they needed the state to maintain peace and order, provide them with essential
services, and settle their conflicts. This theory favored men quitting the state of nature to form a civil
society in which a social contract or covenant is was formulated between the citizen and the government.
also puts into perspective the parliamentary democracy individual promotion to life, liberty,

c. Social Contract Theory of Rousseau - published in 1762 emphasizing "general will;" the social community
is thein which people participate democracy) in governance or in the attainment of the general Rousseau
said, "Whoever refuses to do the general will shall be compelled to do so by the whole body. "This belittled
the importance of the government which his only an agent with delegated powers which could be
withdrawn or altered. This theory is not practicable on a national scale, only on the exercise of suffrage and
ratification of constitution, and plebiscites and referendums.

3. Force Theory - also known as "might makes right" doctrine, state came into existence out of conquest,
force, or coercion; there were always strong leaders who can assert their leadership and power to the
people who are subjected to obey their law. This was evident in the early times when strong and mighty
conquerors consolidated. This also territories empire-states occurred during the World Wars in the 19th to
20th centuries. Consequences: sovereignty exists while the sovereign is in power who can be ousted by
rebellion; and it paves way to international power game between sovereign states competing for a superior
position in international politics.

4. Natural Theory - the state was institution and not an abstract or artificial unified the being; a natural
citizen; as part of the state, man is not self-sufficient without state; state is like a living organism that has
the capacity to grow, develop, civilized life; rooted from the development of interests and needs of
individuals.

5. Patriarchal Theory - state rose from the process of evolution - from the smallest unit of society, the
family who is headed by a parent; later expanded into clan, then to tribe, then to nation, and then to a
state. Robert Lowie (in The Origin of State), the complexity of social life under the state rule could be
explained from a simple origin - an institution that contained the seed which eventually flowered into the
full formed state. In the Philippines - this is believed in the beginning and history of barangays.

6. Instinctive Theory - the state is created because of the natural inclination of men towards political
association; as a social being, man associated himself with other men for self- preservation and security,
giving birth to the state. This theory is affirmed by Aristotle, and by Hobbes' psychology of man's rational
self-preservation, and later by Edmund Burke who stated that organization. the state is an evolving social

7. Economic Theory - the state developed out of man's economic wants; man in isolation could not produce
all his needs and wants; to satisfy his wants and need, he has to associate with other men to exchange
goods. Plato claimed that societies arose out of needs that could be satisfied only if men cooperated with
one another.

Nation Defined

1. According to Ayson and Reyes, a nation has the following descriptions:

a. It is a sociological collectivity of individuals who possess in common certain non-political characteristics,

such as common racial origin, common language, common religion, common historical experience, a
common cultural and social tradition, or common beliefs and creeds; and

b. There must be among them (in the people comprising a nation) a common unifying bond that holds them
together emotionally, culturally, spiritually, and socially - there is a national unity.

2. Webster on the other hand, has this to say about nation:

 a. A people as an organized body politic, usually associated with a particular territory and possessing a
distinctive cultural and social way of life; and

b. b. An aggregation of people of common origin and language

A good example of a group of people having the above characteristics is the nation of Israel in which
national morale is high that centers around the determination to survive as a nation-state, to maintain
the homeland for the Jews.

Government Defined

1. It is the governing body of a community, considered either as a continuous entity or as a group of

administrators currently in power( Webster) 2. American Heritage Dictionary at Free Online
Dictionary defines government as any of the following:

2. The act or process of governing, especially the control and administration of public policy in a
political unit;

b. The office, function, authority of a governing individual or body;

c. Exercise of authority in a political unit;

d. The agency or apparatus through which a governing individual or body functions and exercises
authority; or

e. A governing body or organization, as: The ruling political party or coalition of political parties in a
parliamentary system; The cabinet in a parliamentary system; or The persons who make up a
governing body.

3. It is the essential instrument or machinery of the state that carries out its will, purposes, and objectives.
Through the government, the state maintains its existence and carries its functions. It is also the institution
by which society's social needs are satisfied (Ayson Reyes) .

A. Role of Government in the Attainment of the State's Purposes and Objectives

1. Domestic Order and Tranquility - This is the primary purpose of the state which the government
could attain by providing laws to regulate the conduct and an effective law people's enforcement.

2. Common Defense of the State - This can be attained by the government by building a strong armed
force for common defense and by maintaining foreign service which promotes peaceful and friendly
relations with other nation-states.

3. Blessings of Liberty and Justice - Life, libertyand the pursuit of happiness are the inalienable rights
of man. This is dependent upon the government which safeguards such rights by observing freedom
of speech and of the press, freedom of association, freedom of religion, and of the rights of an
accused of a crime.

4. Promotion of General Welfare - This is achieved by the government by performing service

functions like essential public services (construction of roads, bridges, hospitals, etc.), health and
sanitation, regulation of business, public information, and other related governmental activities
promoting the general interests and well-being of the state.

5. Promotion of Public Morality - The government could attain this by setting one code of conduct for
all, including public officers and by setting a high standard of morality in running the affairs of the
 state. The latter is possible through the performance of duty with high sense of dignity and
responsibility, and with emphasis to public accountability.

Forms of Government

1. Government by One Persona. Monarchy - The ruler is a monarch coming from a royal family. He/she
could be called as -king, queen, emperor, empress, tzar, tsarina, or any other royal title.

1) Absolute monarchy - The monarch exercises absolute powers by wielding legislative, executive, and
judicial powers.

2) Limited (Constitutional) Monarchy monarch is willing to part some of powers and delegates them
to- The his some government agencies.

B. Dictatorship- It is ruled by one person coming from military or civilian class. The dictator usually
declares himself as the champion and protector the people. Dictatorship could be totalitarian
when the dictator controls everything - communications, homes, schools, churches, economy,
and even people’s lives. Characteristics of Totalitarianism are:

Characteristics of Totalitarianism are:

1) It is built on an ideological foundation;

2) The totalitarian leader wields absolute powers;
3) The ruler uses terrorism to control the people;
4) It is also centralized control by the government of the nation's economy; and
5) It is against non-conformist, those who do not merge themselves with the system.

Forms of Government

2. Government by the Few-

a. Aristocracy - From Greek "aristo" which means best and "kratia" or "kratos" which means rule.
Hence, it is a government by the best members of the community. Aristocrats are presumed to be
of the highest intelligence and integrity, or elite in the society. Their social status, wealth and
political power are inherited.

b. Oligarchy - It is also a government by the wealthy few but they do not belong to the nobility like the
aristocrats. The oligarchs believe that wealth, good social position and education are the important
requisites to the claim of power. There are no elections and referendums in Aristocracy and
Oligarchy. Thus, they are also considered authoritarians.

3. Government by the Many Democracy - From the Greek "demos" which means people, and from "kratia"
or "kratos," rule or it means that "a government by the people, of the people, and for the people. "In reality
however, democracy is difficult to understand because of different ideologies and interpretations.

Essential Features

a. Majority rule - majority of the citizens has the mandate to choose the men and women who have
the authority to govern and make public policies

b. Minority rights - it exists so long as the minority of citizens openly attempt to win majority support
for leaders and policies without loss of individual rights just as these rights are enjoyed by the
majority
Means that Makes Democracy Work

a. Citizens- citizenry acts as a lever to maintain the balance between power and authority of
government leaders. The citizens should exercise their freedoms and rights within the limits of the
Constitution and the law.

b. Suffrage and the Electoral process - Suffrage is a right conferred by law upon a qualified group of
citizens to choose their public officials and to participate in the determination of proposed policies.
Equality as to sex, gender, religion, race and economic Status must be observed. Electoral process
should be free of corruption and manipulations to enable the citizens freely choose the best
political candidates using their free will and conscience. Polyarchy is the control of the political
leaders by their followers through the electoral process.

c. Political Parties - They are intertwined with democratic government and are considered as driving
forces of democracy.

d. Interest and Pressure Groups - These are functional groups, or organizations in the society, with
common needs and interests which attempt to influence the making of public policies, especially
those benefiting the welfare of their members.

Weaknesses of Democracy

Democracy is considered as the least stable, efficient, and honest form of government, and described as a
slow-moving because of varying reasons such as:

a. Inherent limitations
b. It is reflective of their emotions, prejudices and average intelligence
c. Presence of demagogues or a leader who makes use of popular prejudices and false claims and
promises in order to gain power
d. Presence of democrats who are really oligarchies. Possibility of weak leadership
Defense of Democracy

a. It is more durable and impregnable to the blandishments of rebellions and world-wide wars than
royal aristocracies, absolute monarchies, and dictatorships.

b. It is best when it fuses the better features of aristocracy and oligarchy in which only the best are
elected into office.

c. It allows experimentation by trial and error to attain consequently the desired results for a stable
and effective government.

4. Institutional Types of Government

a. Unitary Government it concentrates governmental power in one organ, the central or national
government to which the constituent or local government units owe their existence and from which
they derived their powers and functions

Advantages:

1) Simple in structure

2) No duplication of offices and services, thus insuring greater economy in governmental expenditures

3) There is uniformity of laws and public policy and administration of government

4) There is no conflict of jurisdiction between the national and local governments

5) It is easy to pinpoint responsibility for any misdeed or anomaly or for any inefficiency
Disadvantages:

1) Over-centralized administrative control over local affairs overburdens the central government

2) The national officials may not be able to formulate effective policies suitable to a certain locality

3) it restrains1ocal initiative such as undertaking urgent local projects without central government
approval

3) Overlapping of functions may occur in many areas

4) Lack of uniform legislation makes the problems of administration more difficult

5. Presidential and Parliamentary governments

a. Presidential System

b. Parliamentary System

PHILIPPINE GOVERNMENT IN TRANSITION

A. Pre-Hispanic and Hispanic Period

B. Revolutionary Government

C. American and Japanese Regime

D. Philippine Republics

E. Provisional Government of 1986

THE CONSTITUTION

Laws are rules, policies or guidelines which are passed for the people to follow for their common
good. The society will be peaceful if there are laws which people should follow. The government has the
duty to inform the people, on the other hand have the duty to obey these laws. If the government has
defined, regulated and disseminated these laws then ignorance is not as excuse for non-compliance

Constitutionalism

Constitutionalism - Doctrine and principle which describes and supports a constitution as the supreme law
of the land

Constitution

1. The fundamental law and supreme law of a state or government

2. Body of fundamental laws, rules, customs, norms, standards, and principles to which the
government operates and defines relationship between the government and its citizens

3. It refers to that body of rules and principles in accordance with which the powers of sovereignty are
regularly exercised.

Constitutional Law - is the branch of public law which treats of constitutions, their nature, formation,
amendment, and interpretation.

Symbols of the Constitution

1. Unity
 2. Basic Values
3. Customs
4. Traditions

Importance of the Constitution

1. Basis of all the laws to be implemented in a certain country

2. Gives direction to all actions the government will undertake
3. the people are guided by the constitution
4. Through the constitution, the decisions and all that concern the country are defined

Observance of the Constitution

1. No one has the right to violate whatever is embodied in the Constitution including the high officials
in the country
2. It is considered unlawful to violate the Constitution
3. Any violation has a corresponding punishment
4. The Constitution tells us whether an official or a citizen performs or acts the proper way or not

Written Constitution

• Single document regarded as fundamental law of the land

• Contains basic principles which established and organized a government & Defines the powers and
functions of the government& Distributes powers and functions of the three branches
• Duly ratified by the people Unwritten Constitution Not embodied in a single written instrument
• Evolved constitution from customs and traditions
• Reinforced by written laws, rules and principles
England - the only country subscribing to it

Advantages and disadvantages of a written constitution

1. It has the advantage of clearness definiteness over an unwritten one; and

2. Its disadvantages lie in the difficulty of its amendment.

Constitution Distinguished From Statute

1. A constitution is legislation direct from the people, while statute is the people's representatives
legislation from

2. A constitution merely framework of the law states the general and the government, whiles statute
provides the details of the subject of which it treats.

3. A constitution Is intended not merely to meet existing conditions but to govern the future, while a
statute is intended primarily to meet existing conditions only.

4. A constitution is the supreme or fundamental law of the State to which statutes and all other laws
must conform.

Evolution of the Philippine Constitution

The Philippines had different Constitutions for the past years. These Constitutions kept changing to adapt
the needs of the times
1897 CONSTITUTION - Biak na Bato

 1st Constitution of the Land

 Written by Isabelo Artacho and Felix Ferrer

 With this Constitution, the Republic of Biak na Bato was established

 Did not last long

 After 2 months, a peace agreement was signed by Gen. Aguinaldo and Gov. General Primo de Rivera
to end the war between Filipinos and Spaniards

MALOLOS Constitution

 Written by Felipe Calder

 Ratification was held at Barasoain Church in Malolos and formally proclaimed in this place, that is
why this is called the Malolos Constitution

 January 23, 1899, the first Philippine Republic was inaugurated

1935 CONSTITUTION

 Tydings McDuffie Law of 1934stated the holding of a constitutional convention that would raft the
constitution of the Commonwealth government that would exist in the country.

 The Constitutional convention was headed by Claro M. Recto.

 Having been approved by the President of America, the Constitution of 1935 paved the way for the
establishment of Commonwealth.

 The Japanese invasion ended the effectivity of 1935

1943 Constitution

 Existed during Japanese Period To make the Filipinos believe that independence would be given to
them by the Japanese, the Preparatory Commission of the Philippine Independence was tasked to
draft a new Constitution.

 But the contents of this Constitution formed were for the advantage of the Japanese. The 1943
Constitution paved the way for the establishment of the second Republic of the Philippines.

 The Constitution of 1943 lost its effectivity and the Second Republic was abolished when the
Americans came back and defeated the Japanese

1973 Constitution

 After the Japanese Philippines was freed from the by the Americans, the 1935 constitution took
effect again till the year 1972.

 During the regime of Marcos, he called for a convention to draft a new Constitution.

 The Constitution was ratified by the people through citizens assembly and took effect on January
17, 1973.

 The Congress was abolished and replaced by the Batasang Pambansa as the legislative branch.

 The 1973 Constitution lost its effectivity in 1986 after the successful EDSA Revolution
Freedom CONSTITUTION

 After formally assuming office as President of the Philippines, Corazon Aquino expressed the
promulgation of a provisional constitution, otherwise known as Freedom Constitution.

 only those structures that talk about the people's rights are retained in 1973

1987 Constitution

 This was formulated by the Constitutional Commission headed by Cecilia Muñoz Palma.
 This was submitted for the people for ratification in a Plebiscite held on February 2, 1987.
 This Constitution brought back the Congress as the one responsible for the legislative power.
 This was formulated by the Constitutional Commission headed by Cecilia Muñoz Palma.
 This was submitted for the people for ratification in a Plebiscite held on February 2, 1987.
 This Constitution brought back the Congress as the one responsible for the legislative power.
 The 1987 Constitution is the recognized constitution in the country at present.
Classifications of Constitution

1. According to the type of government

a. Monarchic
b. Aristocratic
c. Oligarchic
d. Democratic
2. According to the manner of amendment

a. Rigid
b. Flexible
3. According to origin

a. Royal grant
b. Evolved from the culture and tradition
c. Product of the sovereign will of the people
GROWTH AND DEVELOPMENT OF THE CONSTITUTION

FIRST - Statutory Elaboration

• Consist of general provisions that outlines the general framework of government

• Statutes or ordinary laws provide the details of that framework
SECOND – Usage

• Usage expands the meaning of the fundamental law

• Framers of the constitution are greatly affected by the customs and practices of the people

THIRD - Judicial Interpretation

• The court plays important rule in the interpretation

• Court explanation is the only valid explanation

 • However, some constitutional provisions which are political in nature are usually are addressed to
the political departments of the government (Executive expulsion of and Congress) like foreign
dignitaries by the President.

FOURTH - Formal Amendment

• Gives renewed vitality to reflect the people's will and enables the government to meet new
challenges

• Formal amendment is construed as a special process either by:

a. Legislative action as a constituent assembly;

b. Act of the legislature in proposing amendments and submission to the people for ratification

c. Action of constitutional convention and submission to the people for ratification;

d. In federal states, amendment by the federal Congress and submission to the state legislatures or
state conventions for ratification; or

e. By the people through initiative as provided by Section 2, Article XVII, 1987 Constitution

Section 2.

Amendments to this Constitution may likewise be directly proposed by the people through initiative
upon a petition of at least twelve per centum of the total number of registered voters, of which
every legislative district must be represented by at least three per centum of the registered votes
therein. No amendment under this section shall be authorized within five years following the
ratification of this Constitution nor oftener than once every five years thereafter. The Congress shall
provide for implementation of the exercise of the this right.

FIFTH - Executive Action

• Formal Constitution - explicitly written in one single document, strengthened by statutes, charter,
and other written authoritative sources

• Effective Constitution- emphasis on the actual pattern of operation of the government, especially
that of the executive in matters of constitutional import regardless of what the constitution
provides, or the law says

FIFTH - Executive Action

Here, the cabinet (heads of executive department) not only to advise the chief executive but to assist in the
tasks of administration. Hence, the proclamation president may issue orders or to the cabinet or to the
people necessary for good governance appeals made, if no questions or such orders or proclamations stand
as constitutional.

Characteristics of a Good Written Constitution

1. It must be broad or comprehensive –embodies only the essential elements of governance.

2. It must be brief or concise - it should not contain the details of the structure of government.

3. It must be clear and definite - It must not leave no room for ambiguity because it leaves to varying
interpretations.
Contents of a Written Constitution

• Preamble derived from which means the Latin preambulare "to walk before". An introduction
which explains the constitution and enumerates the general objectives of the constitution.

• Division and Distribution of the Powers Functions of Government – referred and as the charter of
the government

3. Bill of Rights an essential part which enumerates the rights of the people protected by the constitution
from oppression, abuses and it is also vital in maintaining the democratic way of life and traditions

a. Civil rights and happiness- means of enjoying liberty freedom of such as property ownership,
assembly, freedom of religion, and right of domicile

b. Political rights - related to participation in the organization and administration of government like
right to vote, and right to run for public office

c. Rights of accused persons - against self-incrimination, due process, etc.

4. Amendatory Process special procedures incase amendments are done

Basic Concepts Underlying the Constitution

1. The constitution is which constitutes always the supreme and authority, distributes power compels
obedience from government law and citizens.

2. The constitution is a covenant that embodies the rights and duties of the people.

3. The constitution is a charter of government and that it is a living force that thrives in the minds and
spirits of the people who must always accord it due reverence and respect.

Methods of Safeguarding the supremacy of the Constitution

1. Before assuming required to constitution.

2. Judicial Safeguarding the Supremacy of the office, public officials take an oath to defend are the for
any public official who betrays public trust.

3. Special methods other than ordinary way of amending the constitution are established.

4. The doctrine of also protects the supremacy of the constitution.

Functions of the Constitution

1. As an instrument of Government in the exercise of political authority- insures that the government
acts with political authority and legality.

2. As an instrument promote social and economic development - eliminates social and economic
iniquities in order to achieve progress and social justice.

3. As a symbol of the Unity and Values of the people

LAWS GOVERNING A COUNTRY

1. National Laws

• These laws are administered throughout the country

• Drafted by the Congress and are approved by the Upper and Lower house
• All Filipinos have the duties to obey these laws
Examples of National Laws
 a. Tax laws
b. Criminal wage law
c. Child abuse law
d. Corporation code
e. Civil code
f. Family code
g. Local government code
h. Administrative code
Other National Laws

1. International Laws
2. President's legislative - Presidential Decrees, Executive Orders, Proclamations, etc.
3. Supreme Court rulings
Ordinances

• Laws passed by the local government bodies in the provinces, cities, towns and barangays.
• These laws are formulated by the Sangguniang Panlalawigan, Panlunsod, Bayan at Barangay.
• A municipal ordinance should be in accordance with the provincial ordinances
• These ordinances are pursued in the local units of the government because these are very
important in the communities
Examples:

a. Change in a streets name or roads

b. Color coding specifically in Metro manila
c. No smoking in public vehicles, buildings and offices
d. Loading and unloading areas
e. Declaring distances between recreational centers and school vicinity

Barangay Ordinances

a. Passed by the Sangguniang Barangay for the barangay to follow

b. Most often, these barangay orders are related to cleanliness, peace and order in the whole
barangay
Examples:

a. Designating places where the trash can be thrown

b. Prohibiting stray animals in the barangay
c. Maintaining cleanliness on one's frontyard or backyard
d. Prohibiting noisy vehicles

THE 1987 PHILIPPINE CONSTITUTION

A. The Preamble
B. The National Territory
C. Declaration of Principle and State Policies
D. Bill of Rights
E. Citizenship
F. Suffrage
G. Legislative Department
H. Executive Department
I. Judicial Department
J. Constitutional Commission
K. Local Government
 L. Accountability of Public Officer
M. National Economy and Patrimony
N. Social Justice and Human Rights
0. Education, Science and Technology
P. General Provisions
Q. Amendments and Revision

CRIMINAL JUSTICE SYSTEM

CRIMINAL
 It refers to any person finally convicted by a competent court in violation of criminal law. (Legal
definition)
 A person who violated a social norm or one who did an anti-social act.(social definition)
 A person who violated rules of conduct due to behavioral maladjustment.(psychological definition)

When does the judgment of competent court becomes final?

1. When the 15 day period to appeal has been lapsed.
2. When he waives his right to appeal.
3. When the accused applies for probation.
4. When he finally or total served his sentence
A person can be branded as criminal under the following circumstances:
1. He must have committed a crime.
2. He must have been apprehended and investigated by the police.
3. By virtue of sufficient physical evidence and testimonies of witnesses, he must have been arrested.
4. Due to the presence of prima facie evidence, the case was remanded to the court by the prosecutor
for trial.
5. There was arraignment.
6. There was trial.
7. The offender was found guilty.
8. A sentence was rendered by the court.
9. The convict was confined in prison.
10. The convict has fully served his sentence in prison.
Justice
• adherence to truth or fact; impartially; the rendering of what is due of merited.
• It consists of ordering human relations in accordance with general principles impartially applied
(Ginsberg).
• it is accomplished by justice agents (police) who are flexible. Therefore, not everyone is treated
alike, and what is just depends upon the circumstances of an act.
"A just punishment for a crime depends upon variables associated with the act, not only with the crime
itself". JUSTICE according to the Supreme Court (SC) of the Philippines is symbolically represented by a
blindfolded woman, holding with one hand a sword and with the other, a balance, meaning thereby that it
is administered without respect to persons, equally to the poor and the rich.

MORTIMER J. ADLER'S Two Precepts of Justice:

1. render to each his due; and
2. treat equals equally and unequals unequally but in proportion to their inequality.

System
System - orderly combination or arrangement, as of parts or elements, into a whole; specifically,
such combination according to some rational principle; any methodical arrangement of parts.

Criminal Justice System

• It is the machinery used by the government in order to prevent and control crime. CJS as a system
can be the organization, administration and operation of criminal justice, in that all the components
involved with the prevention, control and reduction of crime and delinquency are conscious of each
responsibility. Theoretically, CJS is an integrated apparatus that is concerned with the prevention,
prosecution, conviction, sentencing, and correcting of criminals. Conceptually, the American context
of CJS is the process of linking its three components of the police, court and correction.

Criminal Justice System in America

A. THE POLICE - one who initiates the criminal justice process by the arrest of the criminal.
B. THE COURT - one that conducts the trial and imposes the penalty if found guilty.
C. THE CORRECTION- where the criminal remanded to prison not as a form punishment but for
correction is of and rehabilitation.

-In the Philippine setting, the CJS is broadened and anchored into the so-called "Five Pillars"
representing the police (law enforcement), prosecution, court, correction and community.

-The five pillars of the CJS are by no means independent of each other. What each one does and how it
does has direct effect on the work of others.

• Hence, in order to attain and meet the goals. or objectives of the system, each pillar must function
efficiently because the failure of one means the failure of the entire system. By definition, the CJS in
the Philippine setting is the process of linking those five pillars together so as to achieve an
interrelated scheme of reciprocal responsibilities in its approach to community involvement. It
reveals that each component has a distinct, sequential role to perform within the system (Isaias
Alma Jose).
• In summary, CJS is the institution charge with direct responsibility for the prevention and control of
crime. Specifically, CJS has been defined as the enforcement, prosecution, adjudication, punishment
and rehabilitation functions.
PURPOSE OF THE CRIMINAL JUSTICE SYSTEM
• To process those who have been accused of criminal activities.
Process – A series of steps, actions or operations used to bring about a desired result.

Functional Components of the Criminal Justice System (Process)

1. Police - gathering of evidence and arresting the suspected law violator.
2. Prosecutor- Evaluating of the evidence the police have gathered and deciding whether it is
sufficient to warrant filing charges against the alleged violator.
3. Defense attorney - defending the accused
4. Judge - (during trial) arbitrator in court who ensures that the defense and prosecution adhere the
legal requirements of introducing evidence and examining and cross-examining witnesses.

5. Judge - (end of the trial) renders the decision.

6. Probation officer conducts post-sentence investigations and supervises convicted defendants

placed under probation.

7. Prison system receives the defendant if convicted and sentenced and keeps them until parole is
granted or have completed their sentences.

8. Parole department - assists released prisoners in their return to the community.

OBJECTIVES, GOALS VISIONS AND MISSIONS OF CJS

• Objective - justice for all and elimination of crime from our society
• Primary goal - to protect the members of that society
• Another major goal - maintenance of order
IMPORTANT SUB-GOALS:
a. prevention of crimes;
b. suppression of criminal conduct apprehending offenders when prevention by is ineffective;
c. review of the legality of the preventive and suppressive measures;
d. judicial determination of the guilt or innocence of those apprehended;
e. proper disposition of those who have legally found guilty; and
f. correction by socially approved means of the behavior of those who violate the criminal law.

The CJS VISON is for a safe, peaceful, and progressive Philippines through partnership and shared
responsibility in attaining peace and order.
1. Law Enforcement- Well-coordinated, professional, dynamic and highly motivated law enforcers in
partnership with the community for a safe, peaceful and progressive Philippines.
2. 2. Prosecution- A maximized prosecutorial capability to reduce criminality for a peaceful and
progressive Philippine society.

3. 3. Courts - A court system which is truly independent, just and speedy to the end that no innocent
person is convicted and no guilty man is acquitted.

4. 4. Corrections – A correctional system that is modern, humane, responsive and integrated.

5. 5. Community - A united proactive community working for peace and order in partnership with the
other pillars of the criminal justice system.

The CJS MISSION

The CJS MISSION is to promote peace and order through active community involvement and fair
and dispensation of justice.
 Law Enforcement- To enforce the law, prevent and control crime, maintain peace and order, and
ensure public safety and internal security active participation of the with the community

Prosecution- To provide highly professionalize, properly motivated and people-oriented prosecution

service to conduct preliminary of complaints and prosecute criminal actions to ensure fair, speedy
and inexpensive prosecution of cases.

Courts- To promote respect for and obedience to the Rule of Law through proper and efficient
administration of justice.
Correction - To rehabilitate and reintegrate offenders into the mainstream of society and uphold
their human rights and dignity through speedy legal and administrative processes and provision
scientific and spiritual programs.

Community – To mobilize key sectors of the community in an integrated plan of action to combat
crime and promote peace, order and justice.
FUNCTIONS OF EACH CJS PILLAR: INTERPLAY IN THE FORMAL PROCESS

1. Police: The Initiator of the CJS Process Installed at the forefront of the CJS, the police or law
enforcement components is made up mainly of the Philippine National Police (PNP), the National
Bureau of Investigation (NBI) and the Philippine Drugs Enforcement Agency (PDEA)
2. Prosecution: Determiner of Probable Cause Prosecution pillar is made up mainly of the National
Prosecution Service (NPS). Its main functions are the following: conduct inquest procedure;
determine probable cause through preliminary investigation; issues subpoena; administers oath;
recommends the dismissal and or filing of criminal charges; prosecute criminals and represent the
State in all criminal proceedings.

3. Court: Centerpiece of the CJS The Court is made up of the Supreme Court (SC) and such other
inferior courts in the land. Its main functions are the following: issues search and arrest warrants;
conduct preliminary investigation; conduct arraignment, pretrial and trial proper ， renders
judgment; adjudicate penalty and sentencing; and resolve appeals cases, legal issues and
controversies.

4. Corrections: Rehabilitative Arm of the CJS Corrections is entrusted for the custody and safekeeping
of all convicts so that the ends of justice are achieved. The Bureau of Corrections (BUCOR) and the
Bureau of Jail Management and Penology (BJMP) are part of the correctional system in the
Philippines.

5. Community: The Informal components of the CJS The community pillar or the mobilized community
is the largest component of the CJS, made up of the various agencies in public and private sectors.

CRIMINAL JUSTICE PROCESS

• Criminal justice is a process of selection. Not every crime that is committed is reported to the
police; not every crime reported to the police results in an arrest; not every arrest results in a
prosecution; not every prosecution results in conviction; and not every conviction results in a prison
sentence. In other words, criminal justice is a process whereby individuals are sifted and out at
various decision points within the sorted system.
• During the processing of the offender, there is a great deal of "slippage" within the system at
various decision points in the process. A major characteristic of the administration of criminal
justice is the discretion that exists a teach critical decision stage in the system. The criminal justice
system operates like a complex filter, screening out offenders at various points.
• The criminal justice process can be conceived as a homogenization process. The process begins with
acts that may or may not be considered as "criminal" (designated as social harms). At the beginning
of the process, we have very heterogeneous group of people, since just about everyone commits
some act that could be considered a "social harm". However, very few of these acts come to the
attention of the police. Of those that do come to the attention of the police. Even of those arrested,
many are never charged with a crime or "booked".
• As we proceed through the stages of the CJS, we see that the number of people involved as accused
is further reduced. Also, and more importantly, the kinds of people involved become more and
more homogenous.
• For instance, they become more alike in terms of age (younger), sex (more are males), social class
(increasing numbers of lower - and working-class people), offense (more and more "index“
offenses, especially property offenses such as theft and robbery), and more and more with previous
experiences with the criminal justice system. When we arrive at the last stage, the prison
populations, we have the most homogenous grouping in which the vast majority are poor, unskilled,
uneducated, and well experienced in crime and have had much contact with the criminal justice
system.

A recent editorial of the Philippine Daily Inquirer mentioned the following causes of the rising tide of
criminality:

1. poverty,
2. ineffectiveness and low credibility of the police,
3. the rising incidence of drug abuse, and
4. the lack of a real deterrence to the commission of crimes.

It observed that:
"One real deterrent would be the realization that one cannot escape from the law if one is caught after
committing a crime. But our criminal justice system leaks like a sieve, and at any point, from the police
station to the prison, one can escape retribution and justice.“
If the anti-crime campaign is to be effective, the entire criminal justice system will have to be improved
or revamped. Revamping the criminal justice system will be like cleaning the Augean stables or restoring
the Pasig River. However, it has to be done if the government is to win the fight against crime.

LAW ENFORCEMENT
• The Police (Law Enforcement) stand at the forefront of the Criminal Justice System. Law
Enforcement is a deterrent and preventive activity. It consists of patrolling to supervise conduct,
investigating to identify offenders and or recover stolen or missing property, warning or arresting
those who are probably guilty of criminal behavior, and assisting in the prosecution and trial of
offenders. Its goals are aimed towards the prevention of crime and disorder, preservation of peace,
and the protection of life, properties and individual freedom.
• In the Philippines, the law Enforcement function is spearheaded by the Philippine National Police
(PNP) under the Department of the Interior and Local Government (DILG), Philippine Drug
Enforcement Agency (PDEA) under the Office of the President and the National Bureau of
Investigation(NBI) under the Department of Justice (DOJ)

In addition to these government offices, there are other agencies tasked with enforcing special laws.
Among these are:
1. Presidential Anti-Organized Crime Task Force (PAOCTF) - formerly PACC
2. Bureau of Internal Revenue (BIR)
 3. Land Transportation Office (LTO)
4. Bureau of Customs (BOC)
5. Bureau of Immigration (BOI)
6. Economic and Intelligence and Investigation Bureau (EIIB)
7. Food and Drug Administration (FDA)
8. Philippine Coast Guard (PCG)
9. Marine Industry Authority (MARINA)
10. Bureau of Forest Development
11. Department of Agriculture (DA) - BFAR, BPI, etc.
12. Air Transportation Office (ATO)
13. National Telecommunications Commission (NTC)
14. Bureau of Product Standards (BPS)

HISTORICAL BACKGROUND OF THE POLICE

• It primitively evolved from the practice different tribes to selectable-bodied young men to protect
their villagers, assault of criminals, not from of the but from depredations of wild animals which
prey their crops and livestock during night time.
• These young men who walked around their village during the night to render protection need not
to work in the fields during the day. The village council agreed that they were given equal share of
the harvest for the families. Historically, this is the forerunner of the contemporary patrol of the
police for crime prevention.
• Basically, a police department is organized first foremost prevention. In community, concern of
government officials and citizens is peace order. Hence, priority is establishment of police force
entrusted with the basic responsibility of crime prevention. They are aware of the police safeguard
the community's progress stability.

POLICEMAN
• POLICEMAN - An agent of person in authority endowed by law to enforce the law. Symbolically, he
is the law.

THE POLICE USE OF DISCRETION

• THE POLICE USE OF DISCRETION - Police officers are decisionmakers and most of their decisions are
based on discretion.

DISCRETION
• DISCRETION - It is the wise use of one's judgment, personal experience and common sense to
decide a particular situation. "No law book, no judge, no lawyer can readily tell how the policeman
on beat should appropriately and courteously exercise the same in this various day to activities, day
whatever they do, it is their own responsibility."
• Abuse of discretion resulting to injury to persons or damage to property is punishable. So the police
must be guided by some basic concepts such as COMMON BENBE, PERSONAL EXPERIENCE and SO
UNDJUDGMENT.

"DANNED IF THEY SHOOT, DEAD IF THEY DON"T"

If they shoot, they are dammed by the public for police brutality and charged for violation of human
rights. But 1f they hesitate, even for a single second, they are dead.

ROLE OF THE POLICE IN THE SYSTEM

 1. Prevention and suppression of crime- prevention of the root cause of crime and opportunity of
criminal.
2. To arrest the suspect

ARREST- it is the taking of person into custody so that he may be bound to answer for the commission of an
offense.

TWO KINDS OF CONDUCTING ARREST:

a) By virtue of a warrant of arrest issued by a judge on the basis of evidence submitted by them.
WARANT OF ARREST- Is an order in writing issued in the name of the People of the Philippines, signed
by the judge and directed to a peace officer, commanding him to arrest a person or persons stated
therein and deliver them before the court.

b) Under circumstances justifying warrantless arrest (Sec. 5, Rule 113, Rules of Court).
a. When in his presence, the person to be arrested has committed actually committing an offense
attempting to commit an offense, or is an offense. (Referred to as the in flagrante delicto rule)

b. 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. (Referred to as the "Hot pursuit" arrest
rule)

c. when the person to be arrested is a prisoner who has escaped from a penal establish mentor
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.

TO CONDUCT INVESTIGATION
The systematic process of identifying, collecting, preserving, evaluating and presentation of
information and pieces of physical evidence for the purpose of bringing the criminal offender to
justice.
*Fruit of the Poisonous Tree Doctrine- This states that any evidence illegally obtained is not
admissible as evidence in any proceeding.

To execute SEARCH WARRANT

Search Warrant- Is an order in writing issued in the name of the People of the Philippines, signed by
the judge and directed to a peace officer, commanding him to search for personal property stated
therein and bring it before the court

SUBJECTS OF A SEARCH WARRANT:

a) Subject of the offense
b) Stolen or embezzled properties and other proceeds or fruits of the offense
c) Used or intended to be used as a means of committing a crime

SIMILARITIES OF A WARRANT OF ARREST AND SEARCH WARRANT:

• Both is an order in writing issued in the name of the People of the Philippines.
• Both are signed by the judge.
• Both are directed to a peace officer.
• Both are issued only upon probable cause.
EXEMPTIONS TO SEARCH AND SEIZURE BY VIRTUE OF SEARCH WARRANT
A. Consented Search
 The right against unreasonable search and seizure may be voluntarily waived by person being
searched provided the ff. are present:
a. Existence of right;
b. Person has knowledge on the existence of such right;
c. Said person had an intention of relinquishing such right.
B. Search incidental to lawful arrest
 A person lawfully arrested maybe searched for dangerous weapons or anything which may have
been used or constitute proof in the commission of the offense without a search warrant.
C. Plain Search
 Illegal things at sight may be seized even without a warrant to do so. The things must be readily
seen without any effort of locating it.

D. Search in Moving Vehicle

 A search made in a moving vehicle shall be limited to visual search and neither the vehicle nor the
occupant shall be subjected to physical search or require the passenger to alight from the vehicle.
 An extensive search may be allowed only if the officer conducting the search have probable cause
to believe that they would find evidence pertaining to the commission of a crime in the vehicle to
be searched and there is no sufficient time to secure a valid warrant of arrest.
E. Customs Search
 Under the customs search, the personnel of the Bureau of Customs can conduct search to enforce
customs law or to regulate exports and imports without securing search warrant.

CUSTODIAL INVESTIGATION
• CUSTODIAL INVESTIGATION- Is any questioning initiated by law enforcement officers after a person
has been taken into custody of otherwise deprived of his freedom of action in any significant way.
• It shall include the practice of issuing an "invitation" to a person who is investigated in connection
with an offense he is suspected to have committed, without prejudice to the liability of the
"inviting" officer for any violation of law.
Requisites of the custodial investigation:
a. The question being asked are no longer general inquiry:
b. The person being questioned is considered as a suspect in the crime committed.

PROSECUTION
The National Prosecution Service (NPS) under the DOJ occupies the forefront of the prosecution
components. It is the main prosecution body of the all violations of the government to prosecute
criminal laws to help keep the peace and insure order.
Prosecute - to commence and carry on a criminal action or lawsuit in the name of the People of the
Philippines.
*** Latin - prosecutus, pp of prosequi (pro-before + sequi-follow)
Prosecution- is the process or method where by accusations are bought before a court of justice to
determine the innocence or guilt of the accused.

Functions of the Prosecutors:

• Evaluate the police findings referred to them, or other complaints filed directly with them by
individual persons (e.g. government officers in charge of enforcement of law violated);
• File corresponding INFORMATION OR CRIMINAL COMPLAINTS in the proper courts on the basis of
their evaluation of the proofs at hand; and
• Prosecute the alleged offenders in court, in the name of the People of the Philippines.
THE PROSECUTION PROCESS
1. FILING OF COMPLAINT
Complaint - is a sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer or other public officer charged of the enforcement of the law violated.
2. PRELIMINARY INVESTIGATION- it is an inquiry or proceeding for the purpose of determining whether or
not probable cause 1s present.
It is required when the imposable penalty for the crime charged is at least 4 YEARS, 2 MONTHS AND 1 DAY
imprisonment without regard to the fine.

Probable Cause- Is the existence of sufficient ground to engender a well-founded belief that a crime has
been committed and the respondent 1s probably guilty thereof and should be held for trial.

Procedure of Conducting Preliminary Investigation

A. Filing of the Complaint
The complaint to be filed shall be accompanied by:
a. affidavit of the complainant and his witnesses; and
b. other supporting documents to establish probable cause.
*** The complaint shall be in such number of copies as the respondents, plus two (2) copies for the official
file.
B. Dismissal of complaint or issuance of subpoena by the investigating officer
Within 10 days after the filing of complaint, the investigating officer shall either:
a. Dismiss the complaint if he finds no ground to continue with the investigation; or
b. b. Issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting
affidavits and document.
C. Submission of counter-affidavit by the respondent
• Within 10 days from receipt of the subpoena with the complaint and supporting affidavits and
documents, the respondent shall submit high counter-affidavit and that of his witnesses and other
supporting documents relied upon his defense.
• If the respondent cannot be subpoenaed or if does not submit his counter affidavit within the 10-
dayperiod, the investigating officer shall resolve the complaint based on evidence presented by the
complainant.
D. Clarification
• Within 10 days from filing counter-affidavit by the respondent, the investigating officer may set a
date for hearing if there are facts and issues to be clarified from a party or a witness.
• Clarification shall be terminated within 5 days.
E. Issuance of resolution
• Resolution is the decision of the prosecutor whether the dismissal of the complaint or issuance of
information based on the sufficiency of evidence.
• The investigating officer shall either:
a. Recommend the dismissal of the complaint if he finds no cause to hold the respondent for trial.
b. Prepare a resolution and information if he finds cause to hold the respondent for trial.

Information- An accusation in writing charging a person with an offense subscribed by the prosecutor and
filed with the court.

Similarities of Complaint and Information:

a. Both shall be in writing
b. b. Shall be in the name of the People of the Philippines.
c. c. Shall be against all person who appear to be responsible for the offense involved.
Distinction between a complaint and information:
a. A complaint is a sworn statement by the offended party, whereas an information need not be sworn
to.
b. A complaint is signed by the offended party, any peace officer or other public officer charged with
the enforcement of the violated, whereas an information is signed by a public prosecutor.
c. A complaint may be filed either before the prosecutor’s office or the court, whereas information is
only filed with the court.
d. In certain cases, filing of a complaint is necessary to conduct preliminary investigation preparatory
to filing of an information.

INQUEST PROCEEDING
• Is a proceeding done by the inquest prosecutor to determine the validity of arrest of a person who
does not benefited by a warrant of arrest.
• Decision and proper action:
*** If the prosecutor finds out that the arrest is valid, he may order the detention of the arrested person
and the filling of the information before the proper court.
• If the prosecutor finds out that the arrest is not valid, he may order the release of the arrested
person upon signing a Promise to Appear.
Promise to Appear- Is a written agreement between the prosecutor and the arrested person that the latter
must voluntarily show himself whenever required by the former to make some clarification relative to his
arrest.
NOLLE – A request by the prosecutor to the judge for approval to terminate further criminal prosecution
against a suspect.

CHARACTERISTICS OF NOLLE
1. The request is mere formality that the judge routinely grants without question.
2. Originally, the prosecutor is not even required to give reasons for wanting to NOLLE a case has the
charge suspended for a period of 12 months.
3. The suspension of legal action is intended to have a deterrent effect on the offender if the suspect
gets into trouble during the period.
4. At the end of 12 months, the nolle status expires and automatically becomes a full dismissal of the
crime charge.
OBJECTIVELY, THE NOLLE IS PRIMARILY USED TO:
1. Reduce case overload
2. Reduce backlog ( an accumulation of unfinished work)
3. Reduce delays in bringing defendants to trial

THE COURT
• It is situated between the Prosecution and Correction. The court is the centerpiece of the five
components, as such; it performs perhaps the most important role in the administration of justice
because it is the court that everyone turns to for justice. It is impossible for applying the criminal
law against the defendants who commit crimes, but at the same time protecting the same
violations from the violation of their rights by criminal justice agents.
• his components is responsible in conducting trial or court adjudication and impose penalty if found
guilty, otherwise render dismissal or acquittal of the case. These Judicial bodies perform the
sensitive phase in the CJ process

Trial
  Is a judicial examination and determination in accordance with the laws of the land of a cause,
either civil or criminal.
Hearing
 A proceeding in which witnesses are heard and evidence presented.

Due Process of Law

 This process sees to it that no person will be deprived of life, liberty, or property without notice of
charges, legal counsel, a hearing, and an opportunity to confront accusers.
**** "It hears first before it condemns."

LEVEL OF HIERARCHY
In the Philippines, the regular courts engaged in the administration of justice are organized into four
(4) level is of tiers. At the highest level is the Supreme Court; and as above stated, it is in it and the
lower courts - those at the three (3) other levels - that judicial is vested. They are collectively known
as the judiciary. AS thus organized, they comprise that is referred to as the Integrated Judicial
System. This system is depicted in the following:

First Level Courts (MTC, MCIC and MeTC)

1. First Level Courts (MTC, MCIC and MeTC)
• At the first level are, the Municipal Trial Courts, and Municipal Circuit Trial Courts the Metropolitan
Trial Courts.
• Courts of the first level are essentially trial courts.
• Acquire jurisdiction to cases with an imprisonment of below 6 years or a fine of below 6,000 Pesos

Kinds of First Level Court:

a) Municipal Trial Court- Maintained to cover municipalities with huge population.
b) Municipal Circuit Trial Court- It is maintained to cover2or more municipalities with small
population if the maintenance of one MTC is impractical.
c) Metropolitan Trial Court- In each metropolitan area, established by law an area Municipal Trial
Court in every city not forming a part of the Metropolitan area and each of the municipalities not
comprised within a metropolitan area.

Second Level Courts (Regional Trial Courts)

2. Second Level Courts (Regional Trial Courts)
• At the second level are Regional Trial Courts(RTCS), one which is presided by 720 regional trial court
judges in each side of the regions of the country
• It has jurisdiction over cases having an imprisonment of 6 years and above or has a fine of 6,000
pesos and above.

Court of Appeal third level

3. At the third level is the Court of Appeals. It is essentially an Appellate Court, reviewing cases appealed
to it from regional Trial Courts.
• It may review questions of fact or mixed questions of fact of law.

Supreme Court highest court of the Land

4. The Supreme Court is the highest court of the land.
• It is a review court. It is the court of the last resort, for no appeal lies from its judgments and final
orders.
 • It exercises Appellate jurisdiction over cases decided by the Court of Appeals or Regional Trial
Courts. As a rule, only question of law may be raised as appeal.
• Appeals in the Supreme Court are never a matter of right. The only exception is when the penalty of
death, reclusion perpetua, or life imprisonment have been imposed either by RTC or the CA; indeed
,when the death penalty is imposed, the case automatically goes up to the Supreme Court for
review, even of the accused does not appeal.

Composition of the Supreme Court and Its Sitting Procedure

The 1973 Constitution expanded the membership of the Supreme Court from ten (10) members
under the 1935 Constitution to fifteen (15) including the Chief Justice (1 Chief
Justiceand14Associate Justices.) , to cope with the increase in the number of cases brought about
by the increase in Filipino population. The Supreme Court may "Siten Banc" (as one body) or in two
divisions. It is now the Supreme Court that decides whether or not it will sit in two divisions. On the
basis of fifteen members, the logical number in one division is eight (8) including the Chief Justice
and seven (7) in the other. Sitting in two divisions, the Supreme Court doubles its capacity to
dispose of cases pending before it.

Special Courts
Aside from the above-mentioned courts, there are also under present laws some special courts.
These are the following:
a. Court of Tax Appeals - Created under Rep. Act No. 1125, as amended, this special court has exclusive
appellate jurisdiction to review on appeal the decisions of the Commission of Internal Revenue involving
internal revenue taxes and decisions of the Commissioner of Customs involving customs duties.
b. Sandiganbayan (People's Advocate) - The creation was made possible by Presidential Decree No. 1606.
Its rank is equivalent to Court of Appeals, consists of 14 Associate Justices and 1 Presiding Justice

Ombudsman Philippines (Filipino: Tanod bayan)

1. responsible for investigating and prosecuting Philippine government officials accused of crimes
2. independently monitors all three branches of the government~ receives complaints from citizens
and organizations from the country officials accused
3. Prosecutes of graft and corruption.
4. The Ombudsman is appointed by the President of the Philippines from a list submitted by the
Judicial and Bar Council for a seven-year term with no reappointment. The Ombudsman can be
impeached.

Barangay Courts
Barangay Courts- created in each barangay a body to be known as "Lupong Tagapayapa" (Barangay
Courts) which shall constitute a system of amicably settling disputes at the barangay level, to help
relieve the courts of docket congregation and thereby enhance the quality of justice disposed by
the courts.

Quasi-Judicial Bodies
Quasi- Judicial Bodies- They are hearing administrative cases against policemen. These include
People's Law Enforcement Board (PLEB), Internal Affairs Service (IAS), National Police Commission
(NAPOLCOM), and Commission on Human Rights (CHR) .

Court Room Work Group

C. Court Room Work Group
1. Court Clerks - maintaining the court's records, preparing daily calendars, calling cases before the
judge, controlling evidence in court, and collecting fines and court costs
2. Bailiffs - maintaining order in the court, announcing judge entry into the courtroom, calling
witnesses, controlling defendants, and supervising juries
3. Court Reporters- also known as the court stenographers, these people report everything said in
court

4. Prosecution Lawyers - representing the offended party

5. Defense Lawyers - representing the offender or accused

6. Judge - the arbiter and the one who promulgates the decision; in other countries where juries
decide the case, the judge acts as arbiter

Gavel - the wood hammer used by judges to emphasize his action or declaration

Power of the Judicial Review

• The power of judicial review is the power of the court ultimately of the Supreme Court, to interpret
the Constitution and to declare any legislative or executive act invalid because it is in conflict with
the fundamental law.
• This authority is derived by clear implication from the provision of Sections 2(2) and 5(2a), Article X
of the Constitution. Through such power, the Supreme Court particularly, enforces and upholds the
supremacy of the Constitution.
• This is so because the courts are the appropriate official interpreters of the constitution. Thus, a
study of the constitution is in a large measure a study of judicial decision and opinions.

COURT ACTIONS
• All criminal actions are thereof, commenced by a complaint or information filed in court in the
name of the People of the Philippines against all persons who appear to be responsible for the
offense.
• They are prosecuted under the direction and control of a prosecutor and instituted and tried in the
Court or Municipality or territory where the offense is committed.
• When a criminal action is instituted, the Civil Action for the recovery of civil liability (damages) is
impliedly included, unless the offended party waives the civil liability or reserves his right to
institute it separately. In other words, a person who is criminally liable is also civilly liable.
TRIAL PROCEEDINGS:

1. Arraignment and plea

2. Pre-trial
3. Trial
4. Judgment
5. Appeal

ARRAIGNMENT
 -Is made in open court by the judge or clerk of court furnishing the accused of the copy of the
complaint or information, reading the same in the language or dialect known to him, and asking him
whether he pleads guilty or not guilty.

• When the accused pleads guilty to CAPITALOFFENSE, the court shall conduct a searching inquiry
into the voluntariness and full comprehension of his plea and shall require the prosecution to
present evidence in order to prove the guilt of the accused.

• When the accused pleads guilty to NON-CAPITAL OFFENSE, the court may receive evidence from
both parties to determine the penalty to be imposed.

Instances when plea of NOT guilty shall be entered to him:

a. When the accused refused to plead;

b. When he makes conditional plea of guilt;
c. When he pleads guilty but presents exculpatory evidence

Exculpatory evidence are defenses that is presented by the accused to set him free.

Motion to Quash

• The means to put a stop.

• The act of formally declaring that a law or a verdict's is invalid.
• It is being made anytime before entering his plea, the accused may move to quash the complaint or
information.
PRE-TRIAL

It is a conference among litigants and their respective lawyers made with the judges for the purpose of
the following:

A. Plea bargaining
B. Stipulation of facts
C. Marking for identification of evidence of the parties
D. Waiver for objection of admissibility of evidence
E. Modification of order of trial if the accused admits the charge but interposes a lawful defense
F. Such other matter as will promote a fair and expeditious trial of the criminal and civil aspect of the
case.

All agreements or admissions made or entered during the pre-trial conference shall be reduced in
writing and signed by the accused and counsel, otherwise it cannot be used against the accused.

TRIAL- Is the examination before a competent tribunal, according to the laws of the land, of the facts and
issues of the case, for the purpose of determining such issue.

Order of trial

a. The prosecution shall present evidence to prove the charge and, in the proper case, civil liability;
b. The accused may present evidence to prove his defense and damages, if any, arising from the
issuance of the provisional remedy in the case.
c. The defense may present prosecution and rebuttal and sur-rebuttal.
d. After the presentation of evidence, the cases hall be deemed submitted for decision.

Continuous Trial Rule

 a. The trial once commenced shall continue from day to day as far as practicable until terminated. It
may postponed for a reasonable period of time for good cause.
b. The entire trial period shall not exceed ONEHUNDRED EIGHTY (180) days from the first day of trial.
Reverse Trial

• The normal order of trial will be reverse if the accused will admit the charged against him but
interposes a lawful defense.

Trial in absentia

• The trial will still proceed even the accused is absent provided that the following requisites are
present:

A. That the accused enters his plea;

B. That he has been duly notified by the court;
C. That he fails to appear despite due notice without justifiable reason.
D.
JUDGMENT

• The adjudication by the court that the accused is guilty or not guilty of the offense charged, and the
imposition of the proper penalty and civil liability provided for by the law on the accused

Requisites of Judgment:

A. It must be duly signed by the judge;

B. Must state the findings of the facts and law upon which is based; and
C. Must be promulgated during the incumbency of the judge who signed it.

Contents of judgment:

In case of CONVICTION:

• The legal qualification of the offense constituted by the acts committed by the accused and the
aggravating and mitigating circumstances which attended its commission;
• The participation of the accused in the offense, whether principal, accomplice or accessory
• The penalty imposed upon the accused; and
• The civil liability or damages caused by his wrongful act or omission.
•
In case of ACQUITAL:

• It shall state whether the evidence of the prosecution absolutely failed to prove the guilt of the
accused or mere failed to prove his guilt beyond reasonable doubt or civil liability might did not
exist.

APPEAL- It is the resort to a superior court to review the decision of an inferior court.

Appellant- The party who takes an appeal from an inferior court to a superior one.

• *Appellee- The party whom the appeal is taken

Where appeal is to be taken?

A. In cases decided by the Municipal Trial Court, Municipal Circuit Trial court, or Metropolitan Trial
Court, appeal is taken to the REGIONAL TRIAL COURT.
 B. In cases decided by the RTC- If the issue involves only QUESTION OF law appeal is taken to the
supreme court

If the issue involves the QUESTION OF FACT OR MIXED QUESTION OF FACT AND LAW, appeal is taken to
the COURT OF APPEALS

A. In cases decided by the COURT OF appeal is taken to the SUPREME COURT.

Take note: The case decided by the Supreme Court is already final because it is the highest court of the
land.

BAIL - Is a security given to the release of person in custody of a law, furnished by him or a bondsman, to
guarantee his appearance before any court as required under the conditions specified bylaw.

Forms of Bail:

A. Corporate Surety- Any domestic or foreign corporation, licensed as surety in accordance with law
currently authorized to act as such, may provide bail by a bond subscribed jointly by the accused and an
officer of the corporation duly authorized by its board of directors.

B. Property Bond- It is an undertaking constituted as lien on the real property given as security of the bail

C. Cash Deposit- The accused or any person acting in his behalf may deposit in cash with the nearest
collector of internal revenue or provincial, city or municipal treasurer the amount of bail fixed by the court,
or recommended by the prosecutor who investigated or filed the case.

D. Recognizance- the release of an accused in custody of a responsible member in the community who shall
guarantee his appearance whenever required by the court.

Instances for Release on Recognizance

A. When the offense committed is light;

B. When the offender is minor; or
C. When the offender applies for probation.

When bail is a matter of right:

• Before after conviction by the First Level Courts

• Before conviction by the Regional Trial Court of an offense NOT punishable by death, reclusion
perpetua or life imprisonment

When bail is a matter of discretion:

• After conviction by the Regional Trial Court of an offense NOT punishable by death, reclusion
perpetua or life imprisonment.

VENUE and JURISDICTION

VENUE- It is the site or location where the case is to be tried on the merits.

JURISDICTION- Is the authority to hear and the right to act in a case. It is the power of judges to administer
justice, that is, to try the and decide the cases in accordance with the laws.

In order for a Court to have authority to have a particular case, it must have jurisdiction of the following:

1. the subject matter

 2. the person of the accused
3. the territory where the offense was committed.

. The Jurisdiction of Court may be classified in many parts, it may be:

a. General - all disputes which may come before it, except those assigned to other courts. Example -
Jurisdiction of Regional Courts
b. Limited - only a specified cases. Example-Jurisdiction of the Court of Tax Appeals
c. Original- carry and decide a case presented for the first time.
d. Appellate a case already heard and decided by a lower court.
e. Exclusive a case which cannot be presented before any court.
f. Concurrent- two or more courts may take cognizance of a case.
g. Criminal- exist for the punishment of crime.
h. Civil- exist when the subject matter is not of a criminal offense.

The Elements of Jurisdiction in Criminal Cases are:

Territorial Jurisdiction- determined byt he geographical area over which it presides, the fact that the crime
was committed, or any of1tsessentialingredients took place, within said area.

b. Jurisdiction over subject matter determined by the allegations of the complaint or information in
accordance with the law in force at the time of the institution of the action not at the time of the
commission of the offense. It also determined by the penalty provided by law for the offense as that offense
is charged in the complaint or information.

CORRECTIONS- It is defined as the branch of administration of criminal justice charged the custody,
supervision and rehabilitation of offenders.

Correction of the components of Criminal Justice System is considered as the weakest components. This is
because of its failure to deter individuals committing crimes as well as the reformation of the inmates. This
is evident in the increasing number of inmates in jail or prison. Hence, the need of prison management is
necessary to rehabilitate inmates and transform them to become law-abiding citizens atter their release.

Function of CORRECTIONS

1. Maintaining institutions such as prisons, jails, haltway houses, and others;

2. Protecting law abiding members by keeping sentenced offenders from preying on society
(ISOLATION);

3. Reforming offenders by rehabilitating reassimilating them into the mainstream and of society and
helping them lead a normal life after release;

4. Deterring crimes – experience prison fear of denial inmates liberty will(jail) influence and potential
offenders to lead law-abiding lives; and

5. Reintegration of the offender to the community.

Classification of Corrections:

1. Institutional Correction- It deals with jails, prisons and penal colonies where the convict is going to
serve his sentence.

2. Non- Institutional Correction- deals with service of sentence of a convict outside an institution. It is
also known as the community based treatment for a convict is going to serve his sentence in the
community by way of probation, parole, or other means.
AGENCIES UNDER THIS PILLAR:

1. Philippine National Police- Special Action force (SAF) under DILG

2. Bureau of Corrections under DOJ
3. Provincial Jails under the Provincial Governors
4. Municipal/ City/ District Jails under the BJMP
5. Parole and Probation Administration (PPA) under DOJ
6. 6. Board of Pardon and Parole (BPP) under the DOJ
7. DSWD in cases of minor offenders

REHABILITATION SERVICES

TREATMENT PROGRAM – the Philippine adopted two approaches n treating criminal offenders. These are
the Institutional-Based Programs Treatment Programs and the community-Based treatment Programs.

The treatment of inmates shall be focused on the provisions of services designed to encourage them to
return to the fold of justice and enhance self-respect, dignity and sense of responsibility.

THE INSTITUTIONALIZED TREATMENT PROGRAMS:

a. Provisions for basic needs of inmates

b. Health services
c. Education and skills training
d. Religious services, guidance and services
e. Recreation, sports and entertainment
f. Work programs such as livelihood projects
g. Visitation services
h. Mail services counseling
COMMUNITY-BASED PROGRAMS

a. PROBATION - it is a disposition whereby a defendant, after conviction of an offense, the penalty of which
does not exceed 6 years of imprisonment, is released subject to the conditions imposed by the releasing
court and under the supervision of a probation officer.

b. PAROLE - is the process of suspending the sentence of a convict after having served the minimum of his
sentence pardon and without granting him prescribing the terms upon which the sentence shall be
suspended.

c. PARDON - an act of grace extended to prisoners as a matter of right, vested to the Chief Executive (The
President) as a matter of power.

Conditional Pardon - a pardon given with requirements/ conditions attached.

Absolute Pardon - a pardon given without any condition attached.

d. AMNESTY - a general pardon extended to a group of person, such as purposely to political offenders
bring about the return of dissidents to their home and to restore peace and order in the community.
e. COMMUTATION- an act of the president changing/reducing a heavier sentence to a lighter one or a
longer term into a shorter term. It may alter death sentence to life sentence or life sentence to a term of
years. It does not forgive the offender but merely to reduce the penalty pronounced by the court.

f. REPRIEVE- the execution of sentence the temporary stay/ postponement of especially execution of death
sentence.

COMMUNITY

It is a group or person living in particular community, it is the largest component in the CJS.

The community also refers to the elements that mobilized and energized to help the authorities in
effectively addressing the law and other concerns of the citizens. After the convicts have passed through the
correction component, either unconditionally, or by parole or pardon- they may go back to the community
and either lead a normal lives as law abiding citizen or regrettably commit another crime. Thus, go back
through the same process of the CJS again.

COMPONENTS OF COMMUNITY

HOME- The home has well been called the cradle of human personalities for in it the child forms
fundamental attitudes and habits that endure throughout his life.

FAMILY- The basic, smallest and most important component of the community. It is a group of people
affiliated by consanguinity and/or affinity.

1. Parental Discipline - It is commonly thought of as a means of development and maintenance of good

behavior and conducting accordance with the norms of society. its main objective is to inculcate good
habits, attitudes and values that will make a child a law abiding and useful member of the community.
Discipline at home however is not the responsibility of the parent alone. But rather the concern of the
member of the family.

2. Ultimate Objective of Parental Discipline- the ultimate objective of parental discipline is to develop the
child's self-respect, self-control, self-reliance, self-discipline and not merely the ability and desire to conform
to the accepted norms and standards for individual and community life in normal society. Parental discipline
includes but is not limited to the inculcation of constructing habits, attitudes and values that will make
every child a law-abiding and useful member of the society.

B. The School- It is an institution or place of instruction or education. They are known as second home of
the students. The school is a strategic position to prevent crime and delinquency. This so because the school
exercises authority over every child who is of school age. It receives him when he is young, observes,
supervises, and teaches him for many hours each week during some of his most impressionable years.

C. The Church- It is an institution of any denomination which points out to the faithful relationship to God
and their fellowmen and who, by work and examples, leads them to moral life.

Religion- Is the man's relation to divinity, to reverence, worship, mandate obedience and submission to and
precepts of super natural and superior being.

D. The Government- The government is the duly constituted authority that enforces the law of the land and
such it is most powerful institution as far as control of the people is concerned.

E. Mass Media and Radio Broadcasting- Mass media and radio considered the broadcasting are best
instrument for information dissemination and the best source of knowledge for the public. It is through the
mass media and radiobroadcasting where public opinions are formed and that is where their influence lies.
The term mass media is used there to refer to such impersonal means of communication as newspaper,
magazines, comic book, radio television and motion pictures.

F. Barangay- It is known as the "Smallest political unit in a community. "The Barangay Captains peace-
keeping responsibilities and to act as auxiliaries of the law. Being considered persons in authority while the
other barangay leaders are deemed agents of persons in authority. In effect, the barangays through the
respective barangay captains and other barangay leaders are involved in law enforcement tasks and also
other aspects of the criminal justice system.

Reformation and Rehabilitation of Offenders:

Apathy among Filipinos toward prisoners and ex-prisoners as public elements should be overcome and
replaced by the belief that latter are a part of and not part from society. It is essential therefore, that
correctional institutions should enlist the cooperation of the community in order to succeed in their mission
of placing the offender back in the society as normal social being, correctional programs, no matter how
new-developed, cannot succeed without the support of the community.

The Role of the Youth in Nation-Building

• The youth are also contributing their share in great task of nation building through civic
involvement and active participation in meaningful activities like reforestation, food production,
sanitation, beautification, adult education, information drives cooperative projects, and other
development programs. The constitution recognizes the vital role of the youth in achieving our
developmental goals and it is for this reasons that it lends it support to the promotion of their
welfare.

• Under the P.D.603otherwiseknownas the Child and Youth Welfare Code, particularly Sec. 4, 5the
responsibilities of the children, and the right, duties, and liabilities of parents in the rearing of the
children.

• TheE.O.801whichsuperseded P.D. 604, abolished and transferred the authority of the ministry of
the youth and sports development to the office of the ministry of education, culture and sports the
bureau of youth and sports development, ministry of education, culture and sports, will supervise
the development of sport among school and out-of-school youth.

• One Educational Pay Later Plan "benefits, P.D. 932, "Study and program to enable deserving young
citizens to avail of educational assistance. As an incentive to honor students,
P.D.907grantsautomatic eligibility to all honor student graduates of any collegiate course, and for
out-of-school youth. P.D. 1139, respectively sets-up a man power and youth council office to train
and develop their skills for purposes of productive employment.

Duties and Obligations of Citizens

Art. V of the 1973Constitution of the Philippines lays down the basic principles of norms of conduct
which every citizen of the Philippines is under duty to know, observe and practice in and deed
words. It is a new provision of the 1973 charter not found in the1935 Constitution. Its ultimate
objective is to establish a common understanding the individual’s of built-in checks and balances
between liberty and responsibility, between rights and obligations, which is an essential element in
the maintenance of efficient democracy.

Community Relations - the basic police purpose of preserving the peace and protecting life and property is
accomplished by controlling the behavior of people. A person's conduct is determined either by what he
wants to do, or by what he is afraid of. Compliance with law and regulation is obtained either by developing
a public willingness to conform to the desired pattern of behavior or by compelling people to conform by
threat of punishment.

Objective of Police Community Relations

1. To maintain and develop the goodwill and confidence of the community for the police;
2. To obtain public cooperation and assistance;
3. To develop public understanding, support and appreciation for the services of the police;
4. To gain a broader understanding of and sympathy for the problems and needs of the police;
5. To facilitate law enforcement and law compliance;
6. To build public opinion in favor of the police; and
7. achieve the police purpose on preserving and the peace protecting life and property, prevention of
crime.

THE LEGAL BOUNDARIES (PARAMETERS)

The effectiveness of the CJS as an anti-crime machinery for crime prevention and control in the
society greatly depends on the legal parameters. This is so because they collectively define and
delineate the boundaries between what is legal and could not be done illegal and what could be
done by the five pillars of the CJS. The five components could wage the anti-crime campaign within
the legal arena only. Being a democratic society, the caveat for the five pillars of the CJS is
"Democracy cannot be saved by destroying it." and that the "rule of law "and "respect for the basic
freedom and human rights of the citizenry“shall always be upheld and safeguarded no matter why,
what, and when.

The legal parameters in the anti-crime campaign are the following:

1. Philippine Constitution;
2. Revised penal code
3. Rules of court
4. Supreme Court Decisions;
5. Presidential/Executive and other issuance
6. Other laws - Ordinances, R &Rs, LOIS,etc.

CRIMINAL JUSTICE SYSTEM within a context of DEMOCRACY:

BASIC PRINCIPLES/FOUNDATIONSDEMOCRACY - a government of the People, by the People and for the
People.

COMPONENTS:

1. FORMAL/OFFICIAL - bureaucracy (public sector)

2. INFORMAL- citizenry (private sector)

CRIMINAL JUSTICE SYSTEM (democratic concept) -the machinery used by democratic protect the society
government to against criminality and other peace and order problems.

ANATOMY OF CRIME

In a democratic country, the fight against criminality is everybody's concern. Hence, the people
should be aware how and why crimes are committed. Knowing the root cause of criminality and
focusing on these root causes perhaps is the best preventive method. For any crime to happen,
 there are three elements or ingredients that must be present at the same time and place. The
combination of these:

MOTIVE - refers to the reason or cause (inner force or drive) for a person or group of persons to perpetuate.
a crime, i.e., dispute, economic gain, jealousy, etc.

INSTRUMENTALITY - the means used in the commission of the crime, i.e. firearm, bolo, icepick, poison or
obnoxious substance, etc. Both the motive and the instrumentality belong to and are harbored and wielded
respectively by the criminal.

OPPORTUNITY – it refers to the chance or favorable occasion for a person or group of person to commit a
crime. i.e., leaving one's home or car unattended for long alone in a crime prone time, walking all area,
readily admittingstrangerintoone'sresidence,Further,opportunityisetc.synonymouscarelessness, acts of with
in discretion, and lack of crime prevention-consciousness on the part of the victim.

THE KATARUNGANG PAMBARANGAY(RA 7160)

A. WHAT IS PAMBARANGAY (KP)?

THE CONCEPT OFTHE KATARUNGANG Conceptually, Katarungang Pambarangay (KP)justice administered

in the barangay level is system of It is a amicably settling disputes among families in barangay levels
without judicial recourse.

OBJECTIVES OF KP:

1. to promote
2. To speedy administration of justice; perpetuate the time-honored tradition of settling disputes
amicably for the maintenance of peace and order;
3. to implement the Constitutional preserve and develop Filipino culture; and
4. to relieve the courts there by enhance dispensation of docket congestion and the quality of justice
5.
SALIENT FEATURES OF THE KP:
 1. It makes barangay settlement a PRE-REQUISITE to the bringing of suit of justice. This to the
regularcourtswilldisputes,withensurethatallcertainexceptions,mustgothrough the conciliation
process. Hence, those that only are truly irreconcilable will be kept for formal resolution; and

2. Parties may not be represented by counsel or anyone else. This is designed to make the proceeding
simple and available in expensive to be to amicable all, and also facilitates settlement.

Sec.412,RA 7160"Nocomplaint,petition ，action, or proceeding involving any matter within the authority
of the Lupon shall be filed for adjudication, unless there has been confrontation between parties before
the Lupon Chairman or the Pangkat and that no conciliation or settlement has been reached as certified
by the Lupon or Pangkat Chairman unless the settlement has been repudiated by the parties thereto."

REPUBLIC ACT No. 7160 - The Local Government Code of 1991.

SIGNIFICANT CONTENTS OF RA 7160 RE KATARUNGANGPAMBARANGAY

Chapter VII, Sections 399-422of RA 7160 superseded the Law on Katarungang Pambarangay, the P.D. No.
1508.

LUPONG TAGAPAMAYAPA (LT)

Composition and constitution of the LT (Sec.399):

a) Created in each barangay referred to as the LUPON, composed of:

1. punong barangay- chairman; and

2. ten to twenty members

"The lupon shall be constituted every three(3) years in the manner provided herein (RA7160)."

b) Who may be appointed member of the Lupon:

1. any person actually residing or working in the barangay,

2. Not law, otherwise expressly disqualified by
3. Possessing integrity, independenceof mind sense impartiality, of fairness, 4.and reputation for
probity.

C) А notice to constitute the lupon, which shall include the names of proposed members who
haveexpressedserve,theirsha11bewillingness to prepared by the barangay within the first 15 days punong
start of his term from the of office. Such notice shall be posted in three conspicuous places in the barangay
continuously for a period of not less than three (3) weeks.

d. The punong barangay, consideration any taking oppositionintoto the proposed appointment or any
recommendations for appointments as may have been made within the period of posting, shall within
ten(10)members days thereafter, those appoint whom he determines as suitable therefor. to being writing,
Appointments shall signed by the be punong barangay, and attested to by the barangay

e) The list of posted in appointed members secretary three the barangay(3) conspicuous shall before the
places in their term of office entire duration off)

f) In barangays inhabitants where are majority members of the indigenous cultural communities, local
systems of settling disputes through their councils of datus or elders, shall be recognized without prejudice
to the applicable provisions of this Code.

Oath and Term of Office (Sec. 400)

 Upon appointment, each lupon member sha11takeanoath of office before the punong barangay. He
shall hold office until a new lupon is constituted on the third year following his appointment unless
sooner terminated by resignation, transfer of residence or place of work, or withdrawal of
appointment by the punong barangay with the concurrence of the majority of all the members of
the lupon.

Vacancies(Sec. 401)

Should a vacancy occur in the lupon for any cause, the

punongbarangayshallimmediatelyappointqualifiedpersonwhoshallholdofficeonly for the unexpired portion
of the term.

Functions of the Lupon (Sec. 402)

the lupon shall:

a) Exercise administrative supervisionoverthe conciliation panels provided herein;

b) meet regularly once month to provide forum for matters relevant to the amicable settlement of
disputes, and to enable various conciliation panel members to share with one another their
observations and experiences in effecting speedy resolution of disputes; and

c) Exercise such other powers and perform such other duties and functions as may be prescribed by
law or ordinance.

Secretary of the Lupon (sec.403)

The barangay secretary shall concurrently serve as the secretary of the lupon who shall:

a) record the results of mediation proceedings before the punong barangay;

b) submit a report thereon to the proper city or municipal courts; and
c) Also receive and keep the records of proceedings submitted to him.

Character of Office and Service of Lupon Members (Sec. 406)

a) Shall be deemed as person in authority while they are in the performance of their official duties or
on the occasion thereof; and
b) They shall serve without compensation.

Legal Advise on Matters Involving Questions of Law (Sec. 407)

The provincial, city legal officer prosecutor the officer municipal legal shall render legal advice on matters
involving questions of law to the punong barangay or any lupon or Pangkat member whenever necessary in
the exercise of his functions in the administration of the Katarungang Pambarangay.