MODULE 4

INTRODUCTION TO
PHILIPPINE CRIMINAL
JUSTICE SYSTEM

This module or any portion thereof may not be reproduced, copied, transmitted or
distributed in any manner whatsoever without the express written permission of the College or
the Author.
For permission: Contact Bataan Heroes College, Roman Super Hi-way, Balanga City
Bataan, Philippines.

SYRA B. ENRIQUEZ, RCrim

Criminal Justice Department
Bataan Heroes College

Course Information
Descriptive Title : INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE
SYSTEM

Program : Criminal Justice

Course Code : CLJ 1

Credit Units : 3

Instructor Information
Name : Syra B. Enriquez

Contact Information:

a. Number : 0951-102-7430
b. Facebook Page : https://www.facebook.com/enriquezsyra/
c. Email : syra.enriquez@heroes1979,edu.ph

Course Purpose and Description

This course deals with the study of formal and informal components of the Criminal
Justice System of the Philippines. It covers the respective mandates, processes, and interrelations
in the administration of criminal justice, and the other forms of justice system.

Intended Learning Outcomes

Upon successful completion of this course, students should be able to:
1. understand the roles and responsibilities of the law enforcement pillar.
2. Identify the different law enforcement agencies.
3. be knowledgeable of the concepts of arrest.
4. distinguish arrest with warrant and warrantless arrest.
5. be knowledgeable of the concepts of arrest.
6. distinguish arrest with warrant and warrantless arrest.
7. be knowledgeable about investigations conducted by Police.
8. differentiate Interview from Interrogation

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MODULE NO. 4: LAW ENFORCEMENT COMPONENT

Lesson 3. Arrest, Search and Seizure

Rule 113 - Arrest

What is Arrest

Section 1. Definition of arrest. Arrest is taking of a person into custody in order that he may be
bound to answer for the commission of an offense.

What is the other definition of Arrest?

It is the act of depriving a person of his or her liberty usually in relation to the investigation and
prevention of crime. The term is Anglo Norman in origin and is related to the French word arret,
meaning “stop”.

How arrest is made?

Sec. 2 Arrest; how made. - an arrest is made by an actual restraint of a person to be arrested, or
by his submission to the custody of the person making the arrest.

Sec. 2 Arrest; how made. - No violence unnecessary force shall be used in making an arrest.
The person arrested shall not be subject to a greater restraint than is necessary for his detention.

When is the Time for making an Arrest?

Sec. 6. Time of making arrest. - An arrest may be made on any day and at any time of the day
or night.

The Revised Penal Code

Article 125. Delay in the delivery of detained person to the proper judicial authorities.

A. Twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent.
B. Eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their
equivalent;
C. Thirty six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or
their equivalent.

General guidelines
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1. All arrests should be made only on the basis of a valid Warrant of Arrest issued by a
competent authority, except in instances where the law allows warrantless arrest.
2. No violence or unnecessary force shall be used in making an arrest, and the person to be
arrested shall not be subjected to any greater restraint than what is necessary under the
circumstances.
3. As a general rule, arrests can be made on any day of the week and at any time of the day or
night.
4. Only judges are authorized to issue Warrants of Arrest.
5. A warrant o arrest is no longer needed if the accused is already under detention. An order of
Commitment is issued by the judge in lieu of the Warrant of Arrest.

Two (2) Forms of Arrest

1. Arrest with Warrant

a) Arrest - is the taking of a person into custody in order to that he may be bound to
answer for the commission of an offense.
b) Warrant of Arrest - is the written authority of the arresting officer.
c) Citizen’s Arrest - is warrant less arrest can be effected by a private individual. It is
termed as a citizen’s arrest if arrest is made by private individual or citizen.

When is Warrant less Arrest Lawful?

Sec. 5 Arrest without warrant; A peace officer or a private person may, without a warrant,
arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense; In flagrante delicto; caught in the act.

(b) When an offense has just been committed and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it; and
(Hot Pursuit or Fresh Pursuit)

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to another. (Prisoner Arrest)

Authority of the Arresting officer when making an arrest.

1. Police officer may summon assistance.

2. Right of a police officer to break into building or enclosure.
3. Right to break out from building or enclosure.
4. Arrest after escape or rescue.

RULE 126 - Search and Seizure

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What is a Search Warrant?

Section 1. Search warrant defined. - A Search warrant is an order in writing issued in the name
of the People of the Philippines, signed by a judge and directed to a peace officer, commanding
him to search for personal property described therein and bring it before the court.

Where to Apply for Search Warrant?

Sec. 2. Court where application for search warrant shall be filed. - An application for search
warrant shall be filed with the following:

(a) Any court within those territorial jurisdiction a crime was committed.
(b) For compelling reason stated in the application, any court within the judicial region where the
crime was committed if the place of the commission of the crime is known, or any court within
the judicial region where the warrant shall be enforced.

However, if the criminal action has been filed the application shall only be made in the court
where the criminal action is pending.

What are the Personal Property that can be seized by virtue of a search warrant?

Sec. 3. Personal property to be seized. – A search warrant may be issued for the search and
seizure of personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense.

What are the Requisites for the issuance of a Search Warrant?

Sec. 4 Requisites for issuing search warrant. —A search warrant shall not issue except upon
probable cause in connection with one specific offense to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the things to be seized which
may be anywhere in the Philippines.

SEC. 10. Validity of Search Warrant

1. The warrant shall be valid for ten (10) days from date of issuance and may be served at any
day within the said period. Thereafter, it shall be void.
2. If, in the implementation of the search warrant its object or purpose cannot be accomplished in
one day, the search can be continued the following day, or days, until completed, provided it is
still within the ten (10)- day validity period of the search warrant.
3. If the object or purpose of the search warrant cannot be accomplished within the ten (10)- day
validity period, the responsible police officer conducting the search must file, before the issuing
court, an application for the extension of the validity period of said search warrant.
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Who must be present in Making Search?

SEC. 8. Search of house, room, or premises to be made in presence of two witnesses.—No

search of a house, room, or any other premises shall be made except in the presence of the lawful
occupant thereof or any member of his family or in the absence of the latter, two witnesses of
sufficient age and discretion residing in the same locality.

When may a Search be Made?

SEC. 9. Time a Search warrant should be served

The warrant must direct that it be served in the day time, unless the affidavit asserts that
the property is on the person or in the place ordered to be searched, in which case a direction
may be inserted that it be served at any time of the day or night.

Valid Search and Seizures without Search Warrant

1. Search made incidental to a valid arrest

2. Search of moving vehicles (Carrol Doctrine)
3. Seizure of evidence in plain view.
4. When there is waiver of the right or there is consented search
5. Searches under Stop and Frisk Rule
6. Emergency and Exigent Circumstances
7. Tipped information

CUSTODIAL INVESTIGATION

What is custodial investigation? What are its requisites?

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. What are the rights of persons under custodial investigation?

a) Right to be informed of his right to remain silent;

b) Right to have a competent and independent counsel preferably of his own choice or to be
provided with one;
c) Right against torture, force, violence, threat, and intimidation or any other means which
vitiates his free will;
d) Right not to be held in secret, solitary, incommunicado, or any other similar forms of
detention.

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INTERVIEW vs INTERROGATION

INTERROGATION- An interrogation is a questioning of a person suspected of having

committed a crime or of a person who is reluctant to make a full disclosure of information in his
possession which is pertinent to investigation.

INTERVIEW- An interview is the questioning of a person who is believed to possess

knowledge that is of official interest to the investigator.

CONFESSION VS ADMISSION CONFESSION Is the direct acknowledgement of guilt,

while admission is the indirect acknowledgement of guilt.

ENHANCEMENT ACTIVITY/OUTCOME

Activity 1. COMPARE AND CONTRAST. Using the table below, present the similarities and
differences of Warrant of Arrest and Search Warrant(Bulleted not in paragraph form).

Similarities:
WARRANT OF ARREST SEARCH WARRANT

Differences:
WARRANT OF ARREST SEARCH WARRANT

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