3/6/2025

CRIMINAL JUSTICE
Defined as the system of law enforcement,
adjudication, and coercion that is directly
involved in the apprehension, prosecution,
and control of those charged with criminal
offense.(Siegel and Senna)

What is the difference between criminal justice and

criminology? CRIMINAL JUSTICE SYSTEM
(a)While Criminology explains the etiology, extent, and nature
of the crime in society; Criminal Justice studies the agencies of -Refers to the various sequential stages through which offenders pass,
from initial contact with the law to final disposition, and the agencies
social control that handles criminal offenders.
charged with enforcing the law at each of these stages. In the
(b)While Criminologists are concerned with identifying the Philippines, those agencies consist of Law Enforcement, Prosecution,
nature, extent and causes of crime; Criminal Justice scholars Court, Correction, and Community.
engage in describing, analyzing, and explaining the operations - Machinery/ tools of the state, which enforces the rules of conduct
of the agencies of justice, specifically the police agencies, the necessary to protect life and property and maintain peace and order and
prosecution, the courts and the rest of the pillars of the system to attain its purpose to prevent and control crime

in seeking more effective methods of crime control and

offender rehabilitation
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CRIMINAL JUSTICE SYSTEM What is the basis of the CJS?

Criminal Justice System refers to the sum total of The Criminal Justice System is based on the enacted Criminal
instrumentation which a society uses in the prevention and Law/Statutes.
control of crime and delinquency.
Only violations of Criminal Law are being considered and
It also comprises all the means used to enforce those standards processed in the Criminal Justice System. Where there is no
of conduct which are deemed necessary to protect individuals violation of Criminal Law or where there is no commission of the
and to maintain general community wellbeing. crime, in general, Criminal Justice as a process will not operate.
Sometimes, even if the act of a person is somewhat generally
annoying or obnoxious to some people, that person cannot be
processed in the criminal justice system in the absence of an
enacted Criminal Law

American CJS
Interrelationship of pillars
3 Pillars
Law enforcement If any of one pillar is dysfunctional, the rest of the
Courts
Correction pillars suffers. Surely the same will result to a miss
PCJS carriage of justice.
5 Pillars
Law enforcement Based on the principles of check and balances, the
Prosecution
Court
enforcement, prosecution, judicial, and correctional
Correction aspects of the systems are not vested within the
community authority of the same agency
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In the Philippine CJS Setting In the Philippine CJS Setting

The Law Enforcement, particularly the Philippine National Police (PNP) is under
the Department of Interior and Local Government (DILG); while the National The Correctional Institutions are either under the DOJ or the DILG.
Bureau of Investigation is an agency attached to the Department of Justice • The Bureau of Corrections or the National Penitentiary is under the
(DOJ).
DOJ.
The Prosecution Service is under the DOJ; while the OMBUDSMAN is a
• By virtue of R.A. 6975, the Bureau of Jail Management and
Constitutional body independent from even the three major and co-equal Penology (BJMP) is in charge of the City or Municipal Jails while the
branches of the government. On the other hand, the Public Attorneys Office Provincial government is in charge of the Provincial Jails.
(PAO) is also under the DOJ. Thus, the prosecution, generally considered as the
representative of the State in criminal cases, and the Public Attorney's Office, • The Department of Social Welfare and Development (DSWD) is also
which also generally represents the accused or the respondent in criminal now deeply involved in the correctional process especially with
cases belong to the same department of the government. Children in Conflict of the Law (CICL) by virtue of R.A. 9344 or the
Juvenile Justice Welfare Act of 2006 as amended by RA 10630 “An
The Courts, meaning the regular civil courts, including the Sandiganbayan and
Special Criminal Courts, are under the supervision and control of the Supreme Act Establishing a Comprehensive Juvenile Justice and Welfare
Court. System”

The following are the primary goals of the Criminal Justice The following are the sub-goals of the Criminal Justice System:
System (CJS):
1. The prevention of crime.
1. To protect the members of the society. CJS is the formal 2. The suppression of criminal conduct by apprehending
instrumentality authorized by the people of the nation to offenders for prevention is ineffective.
protect both their collective and individual well-being. 3. The review of the legality of our preventive and suppressive
2. The maintenance of peace and order. There is a need for measures.
political and institutional stability as a goal of an organized 4. The judicial determination of guilt or innocence of those
society. Because crime and disorder disrupt stability in the apprehended.
society, we have given the CJS the authority to act as 5. The proper disposition of those who have been legally
society's representative and to serve as the instrument by found guilty.
which the existing order is maintained. 6. The correction by socially approved means of the behavior
of those who violate the law.
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PHILOSOPHIES BEHIND THE CJS PHILOSOPHIES BEHIND THE CJS

1.Adversarial Approach Distinguish the above philosophical approaches of the CJS.
-assumes innocence
-the prosecutor has the burden of proof for the guilt of the accused (a) As to the presumption:
-requires that the proper procedures are followed – procedures designed to The Adversarial Approach assumes the accused to be innocent; while the Inquisitorial
protect the rights of the accused Approach assumes the accused to be guilty.
- Embodies equal protection and due process (a) As to the burden of proof:
2.Inquisitorial Approach The Adversarial Approach places the burden on the public prosecutor to prove the
-assumes guilt guilt of the accused; while the Inquisitorial Approach places the burden to the
-the accused has the burden of proof accused in proving his innocence.
-the emphasis is on the conviction of the accused rather than on the process by (a) As to the emphasis:
which conviction is secured (b) The Adversarial Approach places emphasis on the process; while the
Inquisitorial Approach places emphasis on the conviction of the accused.

Criminal due process

- refers to the observance of Rules of Criminal Procedure issued by
the Supreme Court of the Philippines and the Bills of Rights
two (2) principles of law that must be adhered to in our embodied under Article III of the Philippine Constitution, and other
criminal justice system are the following: statutes. The criminal due process must be observed from the
moment an investigation is conducted up to the imposition of penalty
and release of the offender.
1. The due process of law; and
2. The equal protection clause. The equal protection clause- in essence declares that the state may not
attempt to create or enforce statutes against a person solely because of
specific characteristics such as race, age, or sex. According to the
Supreme Court, it must be based on some reasonable classification
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Who can invoke his right to criminal due process?

What is the concept of criminal due process’?
Any person under investigation of the crime may at all times
Criminal due process requires that the accused be tried by an
invoke his right to due process.
impartial and competent court in accordance with the
procedure prescribed by law and with proper observance of all
The Bill of Rights (including the right to due process) is a
the rights accorded him under the Constitution and applicable
litany of weapons, which a person may use in order to resist or
statutes
defeat any abuse or misuse of governmental power.
The basic ingredient of criminal due process is a trial
The Bill of Rights is foundationally directed against the
conducted in accordance with the rudiments of fair play government.

Criminal Justice System Models Criminal Justice System Models

Crime Control Model

The following are the most popular models of - is based on the idea that the most important function
Criminal Justice System: of the CJS is the repression of criminal conduct.
1. The Concept of Crime Control Model; and - In this model, the administration of criminal justice
2. The Concept of Due Process Model. must stress "efficiency"- increased capacity to
apprehend, try, convict and dispose of a high
proportion of criminal offenders.
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Criminal Justice System Models Criminal Justice System Models

Crime Control Model Due Process Model

- Underlying the assumption of this model is the feeling that
the offender is guilty- an assumption that contradicts the Focuses upon the rights of the defendants who is presumed
basic presumption of innocence that is supposed to surround innocent until proven guilty and aims at individualizing
the accused under our system of criminal justice. rehabilitation programs for those who found guilty
- The crime control model promotes punishment. Deterrence
serves as the philosophical underpinning of this model. The
justice process is quick and generally informal.

Criminal Justice System Models Criminal Justice System Models

Origin of the Due Process (Due Process Clause) Due Process

Article III, Section 1 1987 Phil. Constitution • Substantive – It requires the intrinsic validity of the law in
No person shall be deprived of life, liberty, and property interfering with the rights of the person to his life and liberty
without DUE PROCESS OF LAW, nor shall any person be • Procedural – refers to the regular methods of procedure to be
denied of the EQUAL PROTECTION OF THE LAWS observed before one’s life, liberty or property can be taken
away from him/her(it includes notice and hearing)
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Criminal Justice System Models Criminal Justice System Models

Due Process Model Due Process Model

The saying that justice delayed is justice denied is often heard and hurled as a
The primary consideration of the due process model is to protect the rights of the criticism against this model.
accused, the individual freedoms and the general consideration of liberty, the
basic right of an individual. However, this results to the delay in the This model presumes that people are considered basically good. As such,
administration of justice. individuals are presumed innocent until proven guilty.

Its primary concern is the rehabilitation and integration of offenders back into
society, and more particularly in assisting law violators to make a deliberate
conversion to a more responsible lifestyle.

Criminal Justice System Models Criminal Justice System Models

Difference :
Due Process Model (a) As to quality control;
- due process model emphasizes "reliability" (i.e. society must be
The justice process is deliberate, formalized, thorough, and individualized. It willing to live with the fact that some guilty offenders will be
emphasizes treatment and not punishment of the offenders. Treatment entails found innocent in order to ensure that the innocent persons are
the establishment of community-based alternatives to incarceration. not unjustly convicted)
- crime control model emphasizes "efficiency" and productivity
(i.e. society must be willing to accept the fact that some innocent
people might well be incorrectly found guilty, but that the overall
improvement in the administration of justice and, supposedly,
the protection to society, would more than compensate for such
mistakes)
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Criminal Justice System Models Criminal Justice System Models

Difference : Difference :
(b) As to the primary concern of protection: (c) As to the assumption of guilt or innocence:
- The primary concerns of the due process model are the - In the Due Process Model, people are considered basically
protection of individuals, individual freedom, and general good. Individuals are presumed innocent until proven guilty.
maintenance of liberty. - Whereas in the Crime Control Model individuals are presumed
- Whereas the concern of crime control model is the collective guilty until proven innocent, and the concern is with forcing
rights of the society that must take precedence over the rights conformity through an external deterrence system
of the individual; where there is conflict over this issue,
collective public safety must be the first consideration.

Criminal Justice System Models

Difference :
Legal System of CJS
(d) As to the promotion of treatment/ punishment: In the Due
Process Model, the emphasis is on the treatment and not the • Adversarial System
punishment of the offender. The concern is rehabilitating and • Inquisitorial System
integrating offenders back into society, and more particularly in
assisting law violators to make a deliberate conversion to a more • Mixed System
responsible lifestyle. The justice process is deliberate, formalized,
thorough, and individualized. Treatment entails establishment of
community-based alternatives to incarceration.
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Legal System of CJS Legal System of CJS

• Adversarial System • Inquisitorial System

- The role of the court is primarily that of - The role of the court is actively involved in
impartial referee between the prosecution investigating the facts of the case
and the defense

Juvenile Justice System

Legal System of CJS -Juvenile Justice Welfare Act of 2006 (R.A. 9344)
• Mixed System System Restorative justice- refers to the principle which requires a
process of resolving conflicts with the maximum involvement of
the victim, the offender and the community. It seeks to obtain
- The combination of the two systems reparation for the victim; reconciliation of the offender, the
offended and the community; and the reassurance to the
offender that he/she can be reintegrated into society. It also
enhances public safety by activating the offender, the victim and
the community in prevention strategies.
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Juvenile Justice System Juvenile Justice System

Intervention - refers to a series of activities designed to address
Children In Conflict with the Law
issues that caused the child to commit an offense. It may take
- A child in conflict with the law refers to a child who is alleged
the form of an individualized treatment program, which may
as, accused of, or adjudged as, having committed an offense
include counseling, skills training, education, and other activities
under Philippine laws.
that will enhance his/her psychological, emotional and psycho-
Child at risk - is one who is vulnerable to and at the risk of social well-being.
committing criminal offense because of personal, family and Diversion - refers to an alternative, child-appropriate process of
social circumstances. determining the responsibility and treatment of a child in conflict
with the law based on his/her social, cultural, economic,
psychological or educational background without resorting to
formal court proceedings.

Juvenile Justice System Juvenile Justice System

Distinction of intervention from diversion Distinction of intervention from diversion

Intervention only applies to two groups of children: Diversion applies only to CICL above 15 and below 18
1. Children in Conflict with the Law (CICL) who are 15 or who acted with discernment. It further refers to child-
younger; and appropriate alternatives to formal legal proceedings to
2. CICL who are above 15 but below 18 who acted determine whether the CICL is actually guilty of the
without discernment. alleged offense.
In the above cases, there is no criminal liability that exists.
The program is designed to restore the CICL to a
functioning state and prevent future offenses.
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THE PHILIPPINE CRIMINAL

JUSTICE SYSTEM

FIVE PILLARS OF PCJS

law enforcement
1. LAW ENFORCEMENT
2. PROSECUTION Law enforcement as the first pillar is considered to be
3. COURT the “initiator” or the “prime-mover” of the Criminal Justice
4. CORRECTIONS System . It is considered as the initiator of actions that
5. COMMUNITY other pillars must act upon to attain its goals or objective.
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General functions of the Law Enforcement:

The following are some of the law enforcement agencies in the
a)To prevent criminal behavior. Prevention involves all the Philippines:
factors directed toward eliminating the cause of crimes.
PNP - Philippine National Police
b)To reduce crime. Crime reduction essentially means NBI - National Bureau of Investigation BIR - Bureau of Internal Revenue
eliminating and reducing opportunities for criminal behavior. PCG - Philippine Coast Guard OTS - Office of Transport Security
MMDA - Metro Manila Development Authority
PPA - Philippine Ports Authority
c)To apprehend and arrest offenders. This function includes AFP - Armed Forces of the Philippines SEC - Securities and Exchange Commission
crime investigation and. gathering of evidence that could AMLC - Anti-Money Laundering Council LTO - Land Transportation Office
OSG - Office of the Solicitor General
withstand the scrutiny of the court. PDEA - Philippine Drug Enforcement Agency
BI - Bureau of Immigration
DOLE - Department of Labor and Employment
d)To protect the life and property. Protecting life and property BoC - Bureau of Customs
BFP - Bureau of Fire Protection
BJMP - Bureau of Jail Management and Penology
is essentially the purpose why the PNP was created. OMB - Optical Media Board POEA - Philippine Overseas Employment
IPOPHIL - Intellectual Property Office of the PhilippinesAdministration
e)To regulate non-criminal conduct. This involves the PAOCC - Presidential Anti-Organized Crime
NTC - National Telecommunication Commission
community service and the maintenance of order functions of Commission CAAP - Civil Aviation Authority
the PNP. PCTC - Philippine Center on Transnational Crime
ATC - Anti-Terrorism Council
DOF - Department of Finance
OMBUDSMAN - Office of the Ombudsman
NICA - National Intelligence Coordinating Agency IACAT - Inter-Agency Council Against Trafficking

BFP
The Bureau of Fire Protection (BFP), created under Republic Act. No. 6975,
otherwise known as the “Department of the Interior and Local Government Act of
PREMIER LAW ENFORCEMENT 1990”, ass amended by RA 11589 (Bureau of Fire Protection Modernization Act)
AGENCIES IN THE PHILIPPINES
- enforcement of Republic Act No. 9514, otherwise known as the “Fire Code of the
1.Philippine National Police Philippines of 2008”
2.National Bureau of Investigation
3.Bureau of Internal Revenue in cases of
tax evasion
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BFP BFP
PROHIBITED ACTS AND OMISSIONS (RA9514) PROHIBITED ACTS AND OMISSIONS
A. Obstructing or blocking the exit ways or across to buildings clearly marked for fire safety G. Prevention or obstruction of the automatic closure of fire doors or smoke partitions or
purposes, such as but not limited to aisles in interior rooms, any part of stairways, dampers;
hallways, corridors, vestibules, balconies or bridges leading to a stairway or exit of any H. Use of fire protective of firefighting equipment of the Fire Service other than for
kind, or tolerating or allowing said violations; firefighting except in other emergencies where their use are justified;
B. Constructing gates, entrances and walkways to building components and yards, and I. Giving false or malicious fire alarms;
temporary or permanent structures on public ways, which obstruct the orderly and easy J. Smoking in prohibited areas as may be determined by Fire Service, or throwing of cigars,
passage of firefighting vehicles and equipment; cigarettes, burning objects in places which may start or cause fire;
C. Prevention, interference or obstruction of any operation of the Fire Service, or of duly K. Abandoning or leaving a building or structure by the occupant or owner without
organized and authorized fire brigades; appropriate safety measures;
D. Obstructing designated fire lanes or access to fire hydrants; L. Removing, destroying, tampering or obliterating any authorized mark, seal, sign or tag
E. Overcrowding or admission of persons beyond the authorized capacity in movie houses, posted or required by the Fire Service for fire safety in any building, structure or processing
theaters, coliseums, auditoriums or other public assembly buildings, except in other equipment; and
assembly areas on the ground floor with open sides or open doors sufficient to provide M. Use of jumpers or tampering with electrical wiring or overloading the electrical system
safe exits; beyond its designated capacity or such other practices that would tend to undermine the
F. Locking fire exits during period when people are inside the building fire safety features of the electrical system.

The National Bureau of Investigation The National Bureau of Investigation

• Thomas Dugan, a veteran American police captain from the New York Police Department and Flaviano C.
• Created November 13, 1936 Guerrero, the only Filipino member of the United States Federal Bureau of Investigation, were tasked with
• Commonwealth Act No. 181. organizing a Division of Investigation (DI) patterned after the United States Federal Bureau of Investigation
• This was the brainchild of the late President Manuel Quezon (FBI). On the basis of stiff physical, mental, and moral requirements, around forty five (45) men were
and Secretary of Justice Jose Yulo. selected as agents from among three hundred (300) applicants. To complement this investigative force was
a civilian staff composed of doctors, chemist, fingerprint technicians, photographers, stenographers, and
clerks. During the Japanese occupation, the DI was affiliated with the Bureau of Internal revenue (BIR) and
the Philippine Constabulary known as the Bureau of Investigation (BI). Subsequently, during the post-
liberation period, all available DI agents were recruited by the US Army CIC as investigators. On June 19,
1947, RA No. 157 was passed reorganizing the BI. The law was amended by Executive Order No. 94 issued
on October 4, 1947. This renamed the BI into NBI. On June 23, 2016, RA No. 10867 was passed entitled
"National Bureau of Investigation Reorganization and Modernization Act."
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The National Bureau of Investigation The National Bureau of Investigation

Functions Functions
(f) Establish an NBI Academy which shall be responsible for the recruitment,
(a)Undertake investigation and detection of crimes and offenses; training, and development of all NBI agents and personnel, among others;
(b)Issue subpoena for the appearance of any person for investigation or (g) Establish and maintain a Forensic and Scientific Research Center which
production of documents, through its officers from the ranks of Regional shall serve as the primary center for forensic and scientific research in
Director to Director; furtherance of scientific knowledge in criminal investigation, detection,
(c)Act as a national clearing house of criminal records and other related evidence collection and preservation, and provide the necessary training
information for the benefit of the government; therefor,
(d)Render technical assistance to government agencies and instrumentalities, (h) Establish and maintain a Cyber Investigation and Assessment Center
when so requested; which shall serve as the nerve center for computer information technologies,
(e)Extend assistance in cases involving extradition and mutual legal data on cybercrime cases, computer intrusion, threats, and other related
assistance, when requested by the Department of Justice; crimes or activities;

The National Bureau of Investigation The National Bureau of Investigation

Functions Functions
(i) Establish and maintain an integrated, comprehensive, and state-of- (k) Conduct intelligence operations in furtherance of the foregoing powers
the-art network of equipment and facilities to be used by the NBI and functions;
in its criminal investigation, detection, and evidence gathering, (l) Enter into any contract or transaction for the acquisition, ownership,
and to provide the corresponding training in this regard; possession, administration, lease, disposition or acceptance of real or
( j) Request the assistance of the Philippine National Police (PNP), personal property in its name, subject to the approval of the Secretary of
Armed Forces of the Philippines, or any other agency of the Justice;
government, including government-owned and/or -controlled (m) Establish a modern NBI Clearance and Identification Center containing all
corporations, in its anti-crime drive. Such assistance may include the derogatory and criminal records and civilian identification records, including
use of the agency's personnel and facilities upon prior approval by the their identifying marks and characteristics and fingerprint database, as well
head of the agency concerned; as dental records pursuant to Presidential Decree No. 1575, entitled
"Requiring Practitioners of Dentistry to Keep Records of Their Patients";
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The National Bureau of Investigation The National Bureau of Investigation

Functions Jurisdiction
(n) Maintain, for purposes of investigative and forensic requirements of the (a) Human Trafficking cases in all airports in the Philippines;
NBI, relevant database such as ballistic records of firearms including, but not (b) Extrajudicial/Extra-legal killings committed by the state's security forces
limited to, data ownership, possession, and other related identifying against media practitioners and activists;
circumstances; and Deoxyribonucleic Acid (DNA) databank; and (c) Killings of justices and judges;
(o) Perform such other functions as the President or the Secretary of Justice (d) Violation of Republic Act No. 10175, otherwise known as the "Cybercrime
may assign. Prevention Act";
(e) Cases referred by the Inter-Agency Anti-Graft Coordinating Council
(IAGCC);
(f) Violations of the Anti-Dummy Law;

The National Bureau of Investigation The National Bureau of Investigation

Jurisdiction Jurisdiction
(g) Cases involving threats to security or assaults against the persons of the ( j) Violations of commercial, economic, and financial or white-collar crimes
President, Vice President, Senate President, Speaker of the House of such as, but not limited to, those punishable under Republic Act No. 8792,
Representatives, and Chief Justice of the Supreme Court; otherwise known as "E-Commerce Act of 2000"; Republic Act No. 8484,
(h) Transnational crimes pursuant to existing international agreements; otherwise known as "Access Devices Regulations Act of 1998"; Republic Act
(i) Identification of the dead/victims in case of mass fatality incidents caused No. 8293, otherwise known as "Intellectual Property Code of the Philippines";
by natural disasters; and Republic Act No. 8799, otherwise known as "Securities Regulation Code";
Presidential Decree No. 1689, otherwise known as "Decree Increasing the
Penalty for Certain Forms of "Estafa", and other similar penal statutes that
may be enacted by Congress.
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PNP PNP
- Constitutional mandate – established and maintain one Powers under RA 6975:
police force, which shall be national in scope and
civilian in character. (Congress) • Order Maintenance
- Established through enactment of RA 6975 (DILG ACT • Community Service
OF 1990)--December 13, 1990 • Law Enforcement
- Formed January 29,1991 on then date of its effectivity • Neighborhood Policing/ team policing/ community policing
- Reorganized by RA 8551 “The Philippine National Police
Reform Act of 1998
- NAPOLCOM has supervision and control

PNP C. Arrest
-is the taking of a person into custody so that he may be bound to answer for the
The following are the powers and functions of the PNP :
commission of an offense. (Rule 113 of the Rules of Court )
a. Enforce all laws and ordinances relative to the protection of lives and properties;
b. Maintain peace and order and take all the necessary steps to ensure public safety; General Guidelines
c. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to • All arrests should be made only on the basis of a valid warrant of arrest issued by
justice and assist in their prosecution; a judge, except in instances where the law allows warrantless arrest.
d. Exercise the general powers to make arrest, search and seizure in accordance with the
Constitution and pertinent laws; • No violence or unnecessary force shall be used in making an arrest, and the
e. Detain an arrested person for a period not beyond what is prescribed by law, informing the
person to be arrested shall not be subjected to any restraint greater than what is
person so detained of all his right under the Constitution;
f. Issue of licenses for the possession of firearms and explosives in accordance with law;
necessary under the circumstances.
g. Supervise and control the training and operations of security agencies, and issue licenses to
operate security agencies, and to security guards and private detectives, for the practice of • Arrests can be made on any day of the week and at any time of the day or night
their professions ; and
h. Perform such other duties and exercise all other functions as may be provided by law.
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• If the accused is already in detention, a return, together with required documents,

shall be made for any standing warrants of arrest issued after the service.
PNP
• A senator or member of the House of Representatives shall, in all offenses Arrest; how made. — An arrest is made by an actual restraint of a person to be
punishable by not more than six years imprisonment, be privileged from arrest arrested, or by his submission to the custody of the person making the arrest.
while the congress is in session. No member shall be questioned nor be held
liable in any other place for any speech or debate in the congress or in any
Warrant of Arrest - is the written authority for the arresting officer when making
committee thereof
an arrest or taking of a person into custody in order that he/she may be bound to
• Diplomatic agents and couriers, under the Vienna Convention on Diplomatic
answer for the commission of an offense.
Relations (1961 p8), are not liable to any form of arrest or detention.
Validity of Warrant of Arrest- to be executed within ten (10) days from its
receipt. Within ten (10) days after the expiration of the period, the police
officer to whom it was assigned for execution shall make a report to the
judge who issued a warrant.

Validity of a warrant of arrest: PNP

Authority of the Arresting Officer when Making an Arrest
1)A police officer making a lawful arrest may verbally summon as many persons as he/she
1.it must be issued upon probable cause (reasonable deems necessary to assist him/her in effecting the arrest (The Revised Rules of Criminal
ground) Procedure, rule 113 sec. 10).
2)A police officer, in order to make an arrest with or without warrant, may break into a
2.probable cause must be personally determined by building or enclosure where the person to be arrested is or is reasonably believed to be
the judge in, if he is refused admittance thereto, after announcing his/her authority and purpose
(The Revised Rules of Criminal Procedure, rule 113 sec. 11).
3.such judge must examine under oath or affirmation 3) Whenever a police officer has entered the building or enclosure to make an arrest,
the complainant and witnesses he may produce he/she may break out therefrom, when necessary, to liberate him/herself (The Revised
Rules of Criminal Procedure, rule 113 sec. 12).
4.the warrant must particularly describe the place to
4)If a person lawfully arrested escapes or is rescued, any person may immediately pursue
be searched and the person or thing to be seized to retake him/her without a warrant at any time and in any place within the Philippines
(The Revised Rules of Criminal Procedure, rule 113 sec. 13).
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Arrests without a Warrant d) Where the accused released on bail attempts to leave the country
A peace officer or a private person may, without a warrant, arrest a person: without court permission;
• a) When, in his/her presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
e) Violation of conditional pardon, punishable under Article 159 of the
• b) When an offense has just been committed and he/she has probable cause to Revised Penal Code as a case of evasion of service of sentence; and
believe, based on personal knowledge of facts or circumstances, that the person
to be arrested has committed it; f) Arrest following a Deportation Proceeding by the Immigration
Commissioner against illegal and undesirable aliens.
• c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he/she is serving final judgment or temporarily
confined while his/ her case is pending, or has escaped while being transferred
from one confinement area to another (The Revised Rules of Criminal Procedure,
rule 113 sec. 5);

• RA 7438 Rights of Persons Arrested, Detained or under Custodial inquest- is an informal and summary investigation conducted by a prosecutor to determine
Investigation) whether an arrested person should remain in custody or be charged in court.
Preliminary investigation defined; when required. — Preliminary investigation is an inquiry or
“An act Defining Certain Rights of Person Arrested, Detained or Under proceeding to determine whether there is sufficient ground to engender a well-founded belief
Custodial Investigation as Well as Duties of the Arresting, Detaining and that a crime has been committed and the respondent is probably guilty thereof, and should be
Investigating Officers, and Providing for Violations Thereof.” held for trial

In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be
Richard Doe/ John (Jane) Doe Warrant forthwith delivered to the nearest police station or jail and shall be proceeded against in
accordance with section 7 of Rule 112.Revised rules on criminal procedure
is a warrant containing no specific person to be arrested but only descriptions
• Section 7. When accused lawfully arrested without warrant. — When a person is lawfully
based from the testimonies of the victim/s or the witnesses/es. It contains the arrested without a warrant involving an offense which requires a preliminary investigation, the
physical description of the accused as well as other factors to be considered for complaint or information may be filed by a prosecutor without need of such investigation
the identification of the accused (Sadili & Pena, 1998). provided an inquest has been conducted in accordance with existing rules. In the absence or
unavailability of an inquest prosecutor, the complaint may be filed by the offended party or a
Alias Warrant peace office directly with the proper court on the basis of the affidavit of the offended party or
refers to the warrant of arrest issued by a judge to the peace officer after arresting officer or person.
Except as provided in section 7 of this Rule, a preliminary investigation is required to be
returning the original warrant of arrest after the lapse of the 10-day validity conducted before the filing of a complaint or information for an offense where the penalty
period prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the
fine. (1a)
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D. Search and Seizure

• Validity of Search Warrant – A search warrant is valid for ten (10)
days from its date. The warrant must direct that it be served in the day
Search- is of an individual’s reasonable expectation of privacy. An
time, unless the affidavit asserts that the property is on the person or
inspection that does not intrude upon a legitimate expectation of
in the place ordered to be searched, in which case a direction may be
privacy or compromise any legitimate interest in privacy is not
inserted that it be served at any time of the day and night.
considered a search.
• A search warrant may be issued for the search and seizure of
Seizure- detention of an individual or her property from the control of
personal property (Rule 126, Section 3):
the citizen, or in effect, taking control of the individual.
The subject of the offense are;
Search Warrant- an order in writing issued in the name of the People
of the Philippines, signed by a judge and directed to a peace officer,
• Stolen or embezzled and other proceeds, or fruits of the offense; or
commanding him to search for personal property described therein
• Used or intended to be used as the means of committing an offense
and bring it before the court.

Prohibited Acts in the Conduct of Search by Virtue of Search Warrant

• No search warrant of a house, room, or any other premise shall be
Seizure
made except in the presence of the lawful occupant thereof or any
members of his family or in the absence of the latter, two witnesses of
– the confiscation of the property or any material usually fruit of the
sufficient age and discretion residing in the same locality (Rule 126, crime or product of illegal activities to serve as an evidence in the legal
Section 8) proceeding.

• Lawful personal properties, papers, and other valuables not

specifically indicated or particularly described in the search warrant
shall not be taken.
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Valid Search and Seizures Without Search Warrant

Validity of Search Warrant
1)Search Made Incidental to a Valid Arrest.
1)The warrant shall be valid for ten days from date of issuance and may be
A person lawfully arrested may be searched for dangerous weapons or anything
served at any day within the said period. Thereafter, it shall be void.
which may be used, or which may constitute proof in the commission of an offense,
2)If, in the implementation of the search warrant, its object or purpose without a search warrant (The Revised Rules of Criminal Procedure, rule 126 sec.
cannot be accomplished in one day, the search shall be continued without 13). The warrantless search and seizure as an incident to a lawful arrest may extend
let up even if it exceeds one day or more until completed, provided it is still beyond the person of the arrested to include the premises or surroundings under
within the ten-day validity period of the search warrant. his/her immediate control.
3)If the object or purpose of the search warrant cannot be accomplished 2)Search of Moving Vehicles.
within the ten-day validity period, the responsible police officer conducting If the police officers who will conduct the search have reasonable or probable cause
the search must file, before the issuing court, an application for the to believe, before the search, that either the motorist is a law offender or they will
extension of the validity period of said search warrant. find the instrumentality or evidence pertaining to a crime in the vehicle to be
searched, the vehicle may be stopped and subjected to an extensive search.

Valid Search and Seizures Without Search Warrant Valid Search and Seizures Without Search Warrant
3) Seizure Of Evidence in Plain View. 5) Searches Under Stop and Frisk Rule.
Any object in the plain view is subject to seizure and may be introduced as evidence. The police officer has the right to stop a citizen, interrogate him/her, and pat him/her for weapons
whenever he/she has genuine reason to believe, based on experiences and the particular circumstances
Requirements under the Plain View Doctrine are:
that a criminal activity may be afoot.
a)The police officer must have prior justification for an intrusion or, otherwise, must be in a
position from which he/she can view a particular area;
6) Emergency and Exigent Circumstances.
b)The discovery of the evidence in plain view is unintentional; and A search warrant could be validly dispensed with in cases of exigent and emergency situation, and the
c)It is immediately apparent to the police officer that the item he/she observes may be police officers have reasonable grounds to believe that a crime is being committed, and they have no
evidence of a crime, contraband, or is a valid subject of seizure. opportunity to apply for a search warrant from the courts because the latter were closed.
4) When there is a Waiver of Right or there is Consented Search.
To constitute a waiver of this constitutional right, it must appear, first, that the right exists; 7. Customs search
second, that the person involved had knowledge, either actual or constructive, of the The search involves country illegal that may entry of "smuggled goods’’ in our country that may
affect the local businesses especially the small time businessmen. The search is usually conducted by the
existence of such right; that said person had an actual intention to relinquish the right (“G.R.
officers and agents of the Bureau of Customs.
No. L-45950”, 1938)