CLJ1 Week 2

The first pillar stands as the forefront and prime mover of the justice
system which have the following goals

1. Crime Prevention
2. Arrest or Criminal Apprehension
3. Criminal Investigation
4. Order Maintenance
5. Public Service
6. Traffic regulation and motor accident investigation
The Police
The police or law enforcers are the most visible representative of the
government in the society. The first line of defense against crime, for only if
the police arrest suspect will rest of criminal justice system come into play in
prosecuting, trying, convicting and rehabilitating the offenders.
The term "police" derived from the word POLITIA, meaning condition of a
state, government and administration.
Politia originated from the Greek word "Politeia" which means government,
citizenship, or the entire activity of polis in the city.
Police Roles in Criminal Justice System

1. To conduct Criminal Investigation
2. To make an arrest or criminal apprehension
3. To conduct search and seizures
4. To prepare and file complaint
5. To participate in the prosecution of criminal cases
Note:
• In every stage of police performance of its roles or duties, strict compliance
to constitutional and statutory rights of person shall always be observed.
The Philippine National Police
The PNP is considered as the premier law enforcement agency in our
country. However, this does not mean that this agency is the sole law
enforcement in this jurisdiction.
Under Article XVI, Section 6 of the 1987 Philippine Constitution provides:
"The State shall establish and maintain one police force, which shall be
national in scope and civilian in character, to be administered and controlled
by a national police commission. The authority of local executives over the
police units in their jurisdiction shall be provided by law."
Mandate Republic Act 6975 as amended by RA 8551 and further amended by
RA 9708 Functions
• Enforce all laws and ordinance relative to the protection of lives and
properties;
• Maintain peace and order and take all necessary steps to ensure public
safety;
• Investigate and prevent crimes, effect the arrest of criminal offenders, bring
offenders to justice and assist in their prosecution;
• Exercise the general powers to make arrest, search and seizure in
accordance with the Constitution and pertinent laws;
• Detain an arrested person for a period not beyond what is prescribed by law,
informing the person so detained of all his rights under the Constitution;
• Issue licenses for the possession of firearms and explosives in accordance
with law;
.
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 their professions; and
• Perform such other duties and exercise all other functions as may be
provided by law. (www.pnp.gov.ph)
Many other laws under the jurisdiction of various departments and/or
Offices of the government where the PNP will be deputized under the
principle of intra-coordination between and among offices/departments of the
governments.
The National Bureau of Investigation
Aside from the PNP there are lot more law enforcement agencies in this
jurisdiction and one of this is the NBI. It is likewise important to possess
basic knowledge about this agency to avoid confusion with the PNP.
NBI was created on November 13, 1936 upon the approval of
Commonwealth Act No. 181. This was the brainchild of the late President
Manuel Quezon and Secretary of Justice Jose Yulo. Thomas Dugan, a veteran
American police captain from the New York Police department and Flaviano
C. Guerrero, the only Filipino member of the United States Federal Bureau of
Investigation, were tasked with organizing a Division of Investigation (DI)
patterned after the United States Federal Bureau of Investigation (FBI). On
the basis of stiff physical, mental, and moral requirements, around forty five
(45) men were 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.
Objectives
The main objective of the National Bureau of Investigation is the
establishment and maintenance of a modern, effective and efficient
investigative service and research agency for the purpose of implementing
fully principal functions provided under Republic Act No. 157, as amended.
Mission
To provide quality services for efficient law enforcement in the pursuit of
truth and justice.
Functions
Under its enabling law, Republic Act 157, as amended, the NBI is
empowered to:
.Investigate crimes and other offenses against the laws of the Philippines,
both on its own initiative and as public interest may require;
• Assist, when officially requested in the investigation or detection of crimes
and other offenses;
. Act as national clearing house of criminal records and other information for
use of all prosecuting and law enforcement entities in the Philippines, of
identification records of identifying marks, characteristics and ownership or
possession of all firearms and test bullets fired therefrom;
• Give technical help to all prosecuting and law enforcement offices, agencies
of the government, and courts which may ask for its services;
.
Extend its services in the investigation of cases of administrative or civil in
nature in which the government is interested;
• Establish and maintain an up-to-date scientific crime laboratory and conduct
researches in furtherance of scientific knowledge in criminal investigation;
• Coordinate with other national or local agencies in the maintenance of
peace and order;
• Undertake the instruction and training of a representative number of city
and municipal peace officers at the request of their respective superiors along
effective methods of crime investigation and detection in order to insure
greater efficiency in the discharge of their duties. (www.nbi.gov.ph)
Note:
• The NBI is a government entity that is civilian in character, and national in
scope which is under the Department of Justice.
Other Law Enforcement Agencies/Bureaus/Offices/Departments of the
Government
To name few are the following:
1. Philippine Drug Enforcement Agency (PDEA)
2. Bureau of Customs (BC)
3. Bureau of Fire Protection (BFP)
4. Philippine Coast Guard (PCG)
5. Bureau of Internal Revenue (BIR)
6. Commission on Election (COMELEC)
7. Phil. Ports Authority (PPA)
8. Anti-Money Laundering Council (AMLC)
9. Bureau of Immigration (BI)
10. Optical Media Board (OMB)
11. Intellectual Property Office (IPO)
12. Presidential Anti-Organized Crime Commission (PAOCC)
13. Phil. Center on Transnational Crime (PCTC)
14. National Intelligence Coordinating Agency (NICA)
15. Office of Transport Security (OTS)
16. Metro Manila Development Authority (MMDA)
17. Department of Environment and Natural Resources (DENR)
18. Securities and Exchange Commission (SEC)
19. Land Transportation Office (LTO)
20. Manila Int'| Airport Authority (MIAA)
21. Dept. Of Labor and Employment (DOLE)
22. Philippine Ports Authority(PPA)
23. Phil. Overseas Employment Administration (POEA)
24. National Telecommunication Commission (NTC)
25. Civil Aviation Authority of the Philippines (CAAP)
Police Discretion
One of the most important powers vested by law to the police officers is to
exercise discretion. This is defined as an authority conferred by law to act in
a certain condition or situation in accordance with an official or an official
agency's own considered judgment and conscience.
Other authority defined the same as the wise use of one's judgment, personal
experience to decide a particular situation. It is the freedom to make a choice
among possible course or courses of action or inaction.
One decision that is difficult for a police officer to make is whether to use
force against a civilian, a decision that must be made quickly and often under
stressful and ambiguous circumstances.
CRIMINAL INVESTIGATION
Criminal Investigation is an art which deals with the identity and location of
the offender and provides evidence of his guilt through criminal proceedings.
This is considered as the most difficult and complicated function of the police
as criminal investigator.
It is likewise defined as the collection and analysis of facts about persons,
things, places, subject of a crime to identify the perpetrator, to locate his
whereabouts and to gather evidence for the establishment of his guilt in a
criminal proceeding.

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The first pillar stands as the forefront and prime mover of the justice

system which have the following goals

Police Roles in Criminal Justice System

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