Criminal Justice System Reviewer 1.docx

Criminal Justice System Reviewer 1 Stages Of A Criminal Case 1. Stop - temporary detention of an individual for investigation. If the stop yields information to confirm the suspicion, the stop may escalate into an arrest. 2. Arrest - taking a person into custody in order that he may be bound to answer for the commission of some offense, made by an actual restraint of the person or by his submission to custody. 3. Booking - the process of officially recording an arrest. It typically includes the following: a. Photographing the defendant (mugshot) b. Fingerprinting the defendant c. Obtaining personal information like name, address, and date of birth. 4. Preliminary Investigation - inquiry or proceeding to determine if there is sufficient ground to engender a well founded belief that a crime cognizable by the RTC has been committed and that the respondent is probably guilty thereof and should be held for trial. 5. Arraignment - the stage where the accused is formally informed of the charge against him by reading before him the information or complaint and asking him whether he pleads guilty or not guilty. 6. Trial - examination before a competent tribunal of the facts put in issue in a case, for the purpose of determining such issue. 7. Judgment - 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 by law on the accused. 8. Appeal - a proceeding for review by which the whole case is transferred to higher court for a final determination.

Criminal Justice System Reviewer 2 Familiarize your self with the following terms: Acquittal - a finding of not guilty based on the merits.

Bail - security given for the release of a person in custody of law, furnished by him or a bondsman conditione appearance before any court. Bail Bond - an obligation under seal given by accused with one or more sureties and made payable to proper officer with the condition to be void upon performance by the accused of such acts as he may legally be required to perform. Capital Offense - an offense which under the law existing at the time of its commission and of the application for admission to bail may be punished with death. Complaint - sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. Criminal Action - one by which the state prosecutes a person for an act or omission punishable by law. Criminal Jurisdiction - authority of the court to hear and try a particular offense and to impose the punishment provided by law. Custodial Investigation - it involves the questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. Double Jeopardy - when a person is charged with an offense and the case is terminated either by acquittal or conviction, or ion any manner without the express consent of the accused, the latter can not again be charged with the same or identical offense. Duplicity of offense - the joinder of separate and distinct offenses in one and the same information or complaint. Indemnification - payment of consequential damages suffered by the injured party, his family, or a third person by reason of the crime. In Flagrante Delicto - literally, caught in the act of committing the crime. Information - accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. Motion To Quash - a hypothetical admission that even if all the facts alleged were true, the accused still can not be convicted due to other reasons. Oath - includes any form of attestation by which a party signifies that he is bound in conscience ti perform an act faithfully and truthfully.

Parole - the conditional release of an offender from a penal or correctional institution after he has served the minimum period of his prison sentence under the continued custody of the state and under conditions that permit his reincarceration if he violated the conditions of his release. Plea Bargaining - process whereby the accused and the prosecution in a criminal case workout a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant's pleading guilty to a lesser offense or to only some of the counts of a multi-count indictment in return for a lighter sentence than that for the greater charge. Prejudicial Question - arises when the civil action involves an issue similar or intimately related to the issue raised in the criminal action and the resolution of such issue will determine whether the criminal action will proceed or not. Prescription of the Crime - loss or waiver by the state of its right to prosecute a crime. Prescription of penalty - loss or waiver of the state of its right to demand service of the penalty imposed. Prima Facie Evidence - denotes evidence which if unexplained or uncontradicted, is sufficient to sustain a proposition as to counter balance the presumption of innocence and warrants the conviction of the accused. Private Crimes - those which can not be prosecuted except upon complaint filed by the aggrieved or offended party. Probable Cause - it is the existence of such facts and circumstances as would execute the belief, in a reasonable mind acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. Probation - disposition under which a defendant after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. Proof Beyond Reasonable Doubt - degree of proof which produces conviction in an unprejudiced mind. Recognizance - obligation of record entered into before some court duly authorized to take it, with condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused for trial. Re-Enactment - a demonstration by the accused of how he committed the crime. Reasonable Doubt - doubt engendered by an investigation of the whole proof and an inability after such investigation, to let the mind rest upon the certainty of guilt.

Reparation - payment of damage caused, taking into consideration the sentimental value of the thing to the injured party. Restitution - returning of the thing itself with allowance for deterioration or diminution of value. 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, commanding him to search for personal property described therein and bring it before the court.

Criminal Justice System Criminal Justice System - is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime or sanctioning those who violate laws with criminal penalties and rehabilitation efforts. Goals of Criminal Justice

1. to protect individuals and society 2. to reduce crime by bringing offenders to justice 3. to increase the security of the people

Criminal Justice System consists of three main parts

1. legislative - create laws 2. courts - adjudication 3. corrections - jail, prison, probation, parole

Participants of Criminal Justice System

1. 2. 3. 4. 5.

police - first contact of offender since they investigate wrongdoing and makes arrest. prosecution - proves the guilt or innocence of wrongdoers. court - venue where disputes are settled and justice is administered. correction - after accused is found guilty, he is put to jail or prison to be reformed. community - where the convict after service of sentence comes back to be integrated to be a productive member of society.

Community Policing - the system of allocating officers to particular areas so that they become familiar with the local inhabitants. Early History of Punishment 1. Early Greece and Rome a. most common state administered punishment was banishment and exile. b. economic punishment such as fins for such crime as assault on slave, arson, or house breaking.

2. Middle 5th to 15th century a. blood feuds were the norm. b. law and government not responsible for conflict. 3. Post 11th century feudal periods a. fine system, punishment often consisted of payment to feudal lord. b. goals, public order and pacifying the injured. c. corporal punishment for poor who can not pay. 4. 1500's a. urbanization and industrialization, use of torture and mutilation showed and punishment began to be more monetary based. b. use of gallery slaves - ship-rowers. c. shipped inmates to american colonies 5. 1700's - early 1800's a. increase in prison population b. gap between rich and poor widens c. physicality of punishment increases Goals of Punishment 1. General Deterrence - the state tries to convince potential criminals that the punishment they face is certain, swift, and severe so that they will be afraid to commit an offense. 2. Specific Deterrence - convincing offenders that the pains of punishment is greater than the benefits of crime so they will not repeat their criminal offending 3. Incapacitation - if dangerous criminals are kept behind bars, they will not be able to repeat their illegal activities. 4. Retribution/Just Desert - punishment should be no more or less than the offenders actions deserve, it must be based on how blameworthy the person is. 5. Equity/Restitution - convicted criminals must pay back their victims for their loss, the justice system for the costs of processing their case and society for any disruption they may have caused. 6. Rehabilitation - if the proper treatment is applied, an offender will present no further threat to society 7. Diversion - criminals are diverted into a community correctional program for treatment to avoid stigma of incarceration.The convicted offender might be asked to make payments to the crime victim or participate in a community based program that features counseling. 8. Restorative Justice - repairs injuries suffered by the victim and the community while insuring reintegration of the offender. Turn the justice system into a healing process rather than a distributor of retribution and revenge.

3 Broad Categories of Crime 1. Sensational crime 2. Street Crime 3. Corporate Crime, White Collar Crime, and Organized Crime. Sensational Crime - certain offenses are selected for their sensational nature and made into national issues.Much of what we know about crime comes from the media. Street Crime - includes a wide variety of acts both in public and private spaces including interpersonal violence and property crime. Justice - the quality of being just, fair and reasonable. Rule of law - is a legal maxim whereby governmental decisions be made by applying known legal principles. Judge - a public officer who presides over court proceedings and hear and decide cases in a court of law either alone or as part of a panel of judges. Prosecutor - the person responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Law - is a system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority and deliver justice. Plaintiff - the person who brings a case against another in court of law. Respondent - the defendant in a lawsuit. Appellee - the respondent in a case appealed to a higher court. Appellant - the party who appeals the decision of the lower court. A person who applies to a higher court for a reversal of the decision of a lower court. Stare Decisis - the legal principle of determining points in litigation according to precedent. Latin for "to stand by that which is decided", general practice of adhering to previous decisions when it makes new one. Miranda Doctrine - criminal suspect has the right to remain silent which means they have the right to refuse to answer questions from the police.They have the right to an attorney and if they can not afford an attorney, one will be provided for them at no charge. Pro Bono - legal work done for free. Writ - a form of written command in the name of the court or other legal authority to act or abstain from acting in some way. Subpoena - is a writ issued by a court authority to compel the attendance of a witness at a judicial proceeding.

Summon - a legal document issued by a court or administrative agency of government authoritatively or urgently call on someone to be present. Discretion - the use of personal decision making and choice in carrying out operations in the criminal justice system. What is twelve table? early Roman laws written around 450 BC which regulated family.religious, and economic life. What is the medical model of punishment? - a view of corrections holding that convicted offenders are victims of their environment or sick people who were suffering from some social malady that prevented them into valuable members of society. What is the difference between Indeterminate sentence and Determinate sentence? 1. Indeterminate sentence a. a term of incarceration with a stated minimum and maximum length. ex. 3-10years b. prisoner is eligible for parole after the minimum sentenced has been served. c. based on belief that sentences fit the criminal, indeterminate sentences allow individualized sentences and provide for sentencing flexibility. d. judges can set a high minimum to override the purpose of the indeterminate sentence. 2. Determinate sentence a. a fixed term of incarceration ex. 3 years b. these sentences are felt by many to be restrictive for rehabilitative purposes. c. offenders know exactly how much time they have to serve. Various Factors Shaping Length of Prison Terms 1. Legal Factors a. the severity of the offense b. the offenders prior criminal record c. whether the offender used violence d. whether the offender used weapons e. whether the crime was committed for money 2. Extra Legal Factors a. social class b. gender c. age d. victim characteristics What are the institutions of socialization? 1. Family 2. Religion 3. Schools 4. Media Family - is the primary institution of socialization in society.

NAPOLCOM Entrance Exam Reviewer PNP LAW RA. 6975 Section 1. Title of the Act. – This Act shall be known as the "Department of the Interior and Local Government Act of 1990." DILG Section 6. Organization. – The Department shall consist of the Department Proper, the existing bureaus and offices of the Department of Local Government, the National Police Commission, the Philippine Public Safety College, and the following bureaus: the Philippine National Police, the Bureau of Fire Protection, and the Bureau of Jail Management and Penology. NAPOLCOM Section 14. Powers and Functions of the Commission. – The Commission shall exercise the following powers and functions: (a) Exercise administrative control over the Philippine National Police; Section 16. Term of Office. – The four (4) regular and full-time Commissioners shall be appointed by the President upon the recommendation of the Secretary. Of the first four (4) commissioners to be appointed, two (2) commissioners shall serve for six (6) years and the two (2) other commissioners for four (4) years. All subsequent appointments shall be for a period of six (6) years each, without reappointment or extension. PNPO Section 23. Composition. – Subject to the limitations provided for in this Act, the Philippine National Police, hereinafter referred to as the PNP, is hereby established, initially consisting of the members of the police forces who were integrated into the Integrated National Police (INP) pursuant to Presidential Decree No. 765, and the officers and enlisted personnel of the Philippine Constabulary (PC). For purposes of this Act, the officers and enlisted personnel of the PC shall include those assigned with the Narcotics Command (NARCOM) or the Criminal Investigation Service (CIS); and those of the technical services of the AFP assigned with the PC and the civilian operatives of the CIS. The regular operatives of the abolished NAPOLCOM Inspection, Investigation and Intelligence Branch may also be absorbed by the PNP. In addition, a PC officer or enlisted personnel may transfer to any of the branches or services of the Armed Forces of the Philippines in accordance with the provisions of Section 85 of this Act. In order to be qualified for transfer to the PNP units in Metropolitan Manila and in highly urbanized cities, an individual must have completed not less than second year collegiate work or its equivalent in training of seventy-two (72) collegiate units. Anyone who has any pending administrative or criminal case or has been adjudged liable or convicted of any crime pending appeal shall be allowed to join the PNP provisionally without prejudice to final judgment by a body of competent jurisdiction. The permanent civilian employees of the present PC, INP, Narcotics Command, CIS, and the technical services of the AFP assigned with the PC, including NAPOLCOM hearing officers holding regular items as such, shall be absorbed by the Department as employees thereof, subject to existing laws and regulations. Section 24. Powers and Functions. – The PNP shall have the following powers and functions: (a) Enforce all laws and ordinances relative to the protection of lives and properties; (b) Maintain peace and order and take all necessary steps to ensure public safety; (c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution; (d) Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws; (e) 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; (f) Issue licenses for the possession of firearms and explosives in accordance with law; (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 their professions; and

(h) Perform such other duties and exercise all other functions as may be provided by law. In addition, the PNP shall absorb the office of the National Action Committee on Anti-Hijacking (NACAH) of the Department of National Defense, all the functions of the present Philippine Air Force Security Command (PAFSECOM), as well as the police functions of the Coast Guard. In order to perform its powers and functions efficiently and effectively, the PNP shall be provided with adequate land, sea, and air capabilities and all necessary material means of resources. Section 25. Organization. – The PNP shall be headed by a Chief who shall be assisted by two (2) deputy chief, one (1) for operations and one (1) for administration, both of whom shall be appointed by the President upon recommendation of the Commission from among the most senior and qualified officers in the service: Provided, however, That in no case shall any officer who has retired or is retirable within six (6) months from his compulsory retirement age be appointed as Chief of the PNP. The PNP shall be composed of a national office, regional offices, provincial offices, district offices, city or municipal stations. At the national level, the PNP shall maintain its office in Metropolitan Manila which shall house the directorial staff, service staff and special support units. At the regional level, the PNP shall have regional offices, including that of the National Capital Region, which may be divided into two (2) separate regions without prejudice to the pertinent provisions of the Organic Act for the Autonomous Regions of the Cordilleras and Muslim Mindanao relative to the creation of a regional police force in the area of autonomy. Each of these regional offices shall be headed by a regional director for peace and order. At the provincial level, there shall be a PNP office, each headed by a provincial director. In the case of large provinces, police districts may be established by the Commission to be headed by a district director. At the city or municipal level, there shall be a PNP station, each headed by a chief of police. The Chief of the PNP shall, within sixty (60) days from the effectivity of this Act and in accordance with the broad guidelines set forth herein, recommend the organizational structure and staffing pattern of the PNP to the Commission. Section 26. Powers, Functions and term of Office of the PNP Chief . – The command and direction of the PNP shall be vested in the Chief of the PNP who shall have the power to direct and control tactical as well as strategic movements, deployment, placement, utilization of the PNP or any of its units and personnel, including its equipment, facilities and other resources. Such command and direction of the Chief of the PNP may be delegated to subordinate officials with the respect to the units under their respective commands, in accordance with the rules and regulation prescribed by the Commission. The Chief of the PNP shall also have the power to issue detailed implementing policies and instructions regarding personnel, funds, properties, records, correspondence and such other matters as may be necessary to effectivity carry out the functions, powers and duties of the Bureau. The Chief of the PNP shall be appointed by the President from among the senior officers down to the rank of chief superintendent, subject to confirmation by the Commission on Appointments: Provided, That the Chief of the PNP shall serve a term of office not to exceed four (4) years: Provided, further, That in times of war or other national emergency declared by Congress, the President may extend such term of office. Section 27. Manning Levels. – On the average nationwide, the manning levels of the PNP shall be approximately in accordance with a police-to-population ratio of one (1) policeman for every five hundred (500) persons. The actual strength by cities and municipalities shall depend on the state of peace and order, population density and actual demands of the service in the particular area: Provided, That the minimum police-to-population ratio shall not be less than one (1) policeman for every one thousand (1,000) persons: Provided, further, That urban areas shall have a higher minimum police-topopulation ratio as may be prescribed by regulations. Section 28. Rank Classification. – For purposes of efficient administration, supervision and control, the rank classification of the members of the PNP shall be as follows: Commissioned Officer 1 Director General 3 Deputy Director General 11 Director

48 Chief Superintendent Senior Superintendent Superintendent Chief Inspector Senior Inspector Inspector Non Commissioned Officer Senior Police Officer IV Senior Police Officer III Senior Police Officer II Senior Police Officer I Police Officer III Police Officer II Police Officer I Section 29. Key Positions. – The head of the PNP with the rank director general shall have the position title of Chief of the PNP. The second in command of the PNP with the rank of deputy director general shall be the Deputy Chief of the PNP for Administration. The third in command with the rank also of deputy director general shall be the Deputy Chief of the PNP for Operations. At the national office, the head of the directorial staff with the rank of deputy director general shall be known as Chief of the Directorial Staff of the PNP. The heads of the various staff divisions in the directorial staff shall have the rank of director with the position title of Director of the Directorial Staff of their respective functional divisions. The head of the Inspectorate Division with the rank of chief superintendent shall assume the position title of Inspector General. The heads of the administrative and operational support divisions shall have the rank of chief superintendent. The head of the NCR with the rank of director shall assume the position title of NCR Director. The heads of the regional offices with the rank of chief superintendent shall assume the position title of Regional Director. The heads of the NCR district offices with the rank of chief superintendent shall have the position title of District Director. The heads of provincial offices with the rank of senior superintendent shall be known as Provincial Director. The heads of the district offices with the rank of superintendent shall have the position title of District Director. The heads of the municipality or city offices with the rank of chief inspector shall be known as Chief of Police. Section 30. General Qualifications for Appointment. – No person shall be appointed as officer or member of the PNP unless he possesses the following minimum qualifications: (a) A citizen of the Philippines; (b) A person of good moral conduct; (c) Of sound mind and body; (d) Must possess a formal baccalaureate degree for appointment as officer and must have finished at least second year college or the equivalent of seventy-two (72) collegiate units for appointment as non-officer or an equivalent training or experience for those already in the service upon the effectivity of this Act. (e) Must be eligible in accordance with the standards set by the Commission; (f) Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in the Government; (g) Must not have been convicted be final judgment of an offense or crime involving moral turpitude; (h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male and one meter and fifty-seven centimeters (1.57 m.) for female; (i) Must weight not more or less than five kilograms (5 kg.) of the standard weight corresponding to his or her height, age, and sex; and (j) For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age.

Section 31. Appointment of PNP Officers and Members. – The appointment of the officers and members of the PNP shall be effected in the following manner: (a) Police Officer I to Senior Police Officer IV . – Appointed by the PNP regional director for regional personnel or by the Chief of the PNP for the national headquarters personnel and attested by the Civil Service Commission. (b) Inspector to Superintendent. – Appointed by the Chief of the PNP, as recommended by their immediate superiors, attested by the Civil Service Commission; (c) Senior Superintendent to Deputy Director General. – Appointed by the President upon recommendation of the chief of the PNP, with proper endorsement by the Chairman of the Civil Service Commission and subject to confirmation by the Commission on Appointments; and (d) Director General. – Appointed by the President from among the senior officers down to the rank of chief superintendent in the service, subject to confirmation by the Commission on Appointments: Provided, That the Chief of the PNP shall serve a tour of duty not to exceed four (4) years: Provided, further, That, in times of war or other national emergency declared by Congress, the President may extend such tour of duty. Section 32. Examinations for Policemen. – The Civil Service Commission shall administer the qualifying entrance examinations for policemen on the basis of the standards set by the NAPOLCOM. Section 33. Lateral Entry of Officers into the PNP. – In general, all original appointments of commissioned officers in the PNP shall commence with the rank of inspector, to include all those with highly technical qualifications applying for the PNP technical services, such as dentist, optometrists, nurses, engineers, and graduates of forensic sciences. Doctors of medicine, members of the Bar, and chaplains shall be appointed to the rank of senior inspector in their particular technical service. Graduates of the Philippine National Police Academy (PNPA) shall be automatically appointed to the initial rank of inspector. Licensed criminologists may be appointed to the rank of inspector to fill up any vacancy after promotions from the ranks are completed. Section 36. Status of Members of the Philippine National Police. – The members of the PNP shall be considered employees of the National Government and shall draw their salaries therefrom: Provided, That PNP members assigned in Metropolitan Manila, chartered cities and first class municipalities may be paid in additional monthly allowance by the local government unit concerned. PNP Seal and Badge PNP Seal Meaning and Symbolism Lapu-Lapu Hero - The great Filipino hero of Mactan, the prototype of the best and most noble in Filipino manhood who is the symbol and embodiment of all the genuine attributes of leadership, courage, nationalism, self-reliance and a people-based and people powered community defense. The benevolent and heroic warrior who derived added strength from a cohesive, determined and loyal people is today a fitting symbol and a prototype as well of people power to preserve our values, customs, traditions, way of life and the rule of law thru a solidly community-based police system. Lapu-Lapu also personifies for us today civilian constitutional authority. Laurel - Green Laurel with 14 leaves, symbolizes the 14 Regional Commands. It is also a symbol of the honor, dignity and the privilege of being a member of a noble organization where the call to public service is par excellence a commitment to public trust. Shield - The symbol of the Philippine Constabulary, the first National Police by virtue of Organic Act No. 175, enacted by the Philippine Commission on 18 July 1901. The Philippine Constabulary for the close to 90 years of service to the nation has performed with honor, professionalism and courage. The PC has carved out a large part of the glorious pages of Philippine history, as attested by its proudly and deservedly garnering 86 of the 92 "Medals of Valor" the highest honor that a grateful Filipino nation can bestow on its gallant sons in the service of the Republic. Most appropriately therefore, the Philippine Constabulary became the nucleus of the Integrated National Police in 1975 to nurture the then embryonic concept of the nationalization of the country's local police forces. Three Stars - Luzon, Visayas and Mindanao and the 1,700 islands and the territorial integrity wherein the National Police must enforce the law and maintain peace and order with professionalism, zeal and dedication in keeping with the highest ideals and traditions of service to our country and people. Service • Honor • Justice - Added distinct ideals for the officers, men and women of the PNP to insure efficiency, integrity, cohesiveness, camaraderie and equanimity to enhance community acceptance and support to attain its mission of peace keeping and law enforcement.

Sun - Symbolize the flowering, maturing and ultimate realization of the glorious evolution of the PC/INP into a National Police Organization - "national in scope and civilian in character" - as enshrined in the 1986 Constitution. The Traditional light rays which represents the fightingest provinces whose ideals of courage and patriotism the members of the National Police must possess. PNP Badge Meaning and Symbolism Philippine Monkey Eating Eagle The National Bird – symbol of swiftness and ferocity, power, courage and immortality. PNP Shield - Symbol of protection of all citizens. Three Stars - Stands for Luzon, Visayas and Mindanao which constitute the Republic's Territorial Integrity over which the PNP must enforce the law and maintain peace and order with professionalism, zeal and dedication in keeping with the highest ideals and traditions of service to God, Country and People. Eight Sun Rays - Represents the eight (8) provinces whose ideals of courage, gallantry patriotism led to their revolt against Spain. Lapu – Lapu - Symbolizes the bravery of the Philippine National Police. Service, Honor, Justice Service is the vibrant and cogent deeds and actions in response to the needs and wants of the people in distress: Honor could be the overriding criterion and consideration in the performance of their entrusted task or mission: and Justice dispensed to everyone whatever is due to him without favoritism or discrimination of any sort. Laurel Leaves - Symbolizes the competency, brilliance and honor in the field of endeavor expected from each and every member of the PNP. Philippine National Police - Identity of Solidarity. PPSC Section 66. Creation of the Philippine Public Safety College. – There is hereby created the Philippine Public Safety College (PPSC), which shall be the premier educational institution for the training, human resource development and continuing education of all personnel of the PNP, Fire and Jail Bureaus. Said College shall be under the direct supervision of a Board of Trustees composed of the Secretary and the three (3) bureau heads. Section 67. Composition, Powers and Functions. – The College shall consist of the present Philippine National Police Academy (PNPA) established pursuant to Section 13 of Presidential Decree No. 1184, the Fire Service Training Center, the Philippine National Training Center (PNTC), the National Police College, and other special training centers as may be created by the Department, whose functions shall be as follows: (a) Formulate and implement training programs for the personnel of the Department; (b) Establish and maintain adequate physical training facilities; (c) Develop and implement research and development to support educational training programs; (d) Conduct an assessment of the training needs of all its clientele; and (e) Perform such other related functions as may be prescribed by the Secretary. Section 68. Organization. – The structure and staffing pattern of the College shall be prescribed by the Secretary. 8551 Section 1. Title. – This Act shall be known as the "Philippine National Police Reform and Reorganization Act of 1998". THE PHILIPPINE NATIONAL POLICE A. REORGANIZATION Section 13. Authority of the Commission to Reorganize the PNP. – Notwithstanding the provisions of Republic Act No. 6975 on the organizational structure and rank classification of the PNP, the Commission shall conduct a management audit, and prepare and submit to Congress a proposed reorganization plan of the PNP not later than December 31, 1998, subject to the limitations provided under this Act and based on the following criteria: a) increased police visibility through dispersal of personnel from the headquarters to the field offices and by the appointment and assignment of nonuniformed personnel to positions which are purely administrative, technical, clerical or menial in nature and other positions which are not actually and directly related to police operation; and b) efficient and optimized delivery of police services to the communities. The PNP reorganization program shall be approved by Congress through a joint resolution.

B. QUALIFICATIONS UPGRADING Section 14. Section 30 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 30. General Qualifications 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 tests to be administered by the PNP or 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 Commission; "f) Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in the Government; "g) Must not have been convicted by final judgment of an offense or crime involving moral turpitude; "h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male and one meter and fifty-seven centimeters (1.57 m.) for female; "i) Must weigh not more or less than five kilograms (5 kgs.) from the standard weight corresponding to his or her height, age, and sex; and "j) For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age: except for the last qualification, the above-enumerated qualifications shall be continuing in character and an absence of any one of them at any given time shall be a ground for separation or retirement from the service: Provided, That PNP members who are already in 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. "For the purpose of determining compliance with the requirements on physical and mental health, as well as the non-use of prohibited drugs, the PNP by itself or through a NAPOLCOM accredited government hospital shall conduct regular psychiatric, psychological drug and physical tests randomly and without notice. "After the lapse of the time period for the satisfaction of a specific requirement, current members of the PNP who will fail to satisfy any of the requirements enumerated under this Section shall be separated from the service if they are below fifty (50) years of age and have served in Government for less than twenty (20) years or retired if they are from the age of fifty (50) and above and have served the Government for at least twenty (20) years without prejudice in either case to the payment of benefits they may be entitled to under existing laws." Section 15. Waivers for Initial Appointments to the PNP. – The age, height, weight, and educational requirements for initial appointment to the PNP may be waived only when the number of qualified applicants fall below the minimum annual quota: Provided, That an applicant shall not be below twenty (20) nor over thirty-five (35) years of age: Provided, further, That any applicant not meeting the weight requirement shall be given reasonable time but not exceeding six (6) months within which to comply with the said requirement: Provided, furthermore, That only applicants who have finished second year college or have earned at least seventy-two (72) collegiate units leading to a bachelor's decree shall be eligible for appointment: Provided, furthermore, That anybody who will enter the service without a baccalaureate degree shall be given a maximum of four (4) years to obtain the required educational qualification: Provided, finally, That a waiver for height requirement shall be automatically granted to applicants belonging to the cultural communities. Section 16. Selection Criteria Under the Waiver Program. – The selection of applicants under the Waiver Program shall be subject to the following minimum criteria: a) Applicants who possess the least disqualification shall take precedence over those who possess more disqualifications. b) The requirements shall be waived in the following order: (a) age, (b) height, (c) weight, and (d) education. The Commission shall promulgate rules and regulations to address other situations arising from the waiver of the entry requirements.

Section 17. Nature of Appointment Under a Waiver Program. – Any PNP uniformed personnel who is admitted due to the waiver of the educational or weight requirements shall be issued a temporary appointment pending the satisfaction of the requirement waived. Any member who will fail to satisfy any of the waived requirements within the specified time periods under Section 13 of this Act shall be dismissed from the service. Section 18. Re-application of Dismissed PNP Members Under a Waiver Program. – Any PNP member who shall be dismissed under a waiver program shall be eligible to re-apply for appointment to the PNP: Provided, That he or she possesses the minimum qualifications under Section 14 of this Act and his or her reappointment is not by virtue of another waiver program. Section 19. The Field Training Program. – All uniformed members of the PNP shall undergo a Field Training Program for twelve (12) months involving actual experience and assignment in patrol, traffic, and investigation as a requirement for permanency of their appointment. Section 20. Increased Qualifications for Provincial Directors. – No person may be appointed Director of a Provincial Police Office unless: a) he or she holds a master's degree in public administration, sociology, criminology, criminal justice, law enforcement, national security administration, defense studies, or other related discipline from a recognized institution of learning; and b) has satisfactorily passed the required training and career courses necessary for the position as may be established by the Commission. Any PNP personnel who is currently occupying the position but lacks any of the qualifications mentioned above shall be given three (3) years upon the effectivity of this Act to comply with the requirements; otherwise he or she shall be relieved from the position. Section 21. Section 32 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 32. Examinations of Policemen. – The National Police Commission shall administer the entrance and promotional examinations for policemen on the basis of the standards set by the Commission." Section 22. Section 34 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 34. Qualifications of Chief of City and Municipal Police Stations. – No person shall be appointed chief of a city police station unless he/she is a graduate of Bachelor of Laws or has finished all the required courses of a master's degree program in public administration, criminology, criminal justice, law enforcement, national security administration, defense studies, and other related disciplines from a recognized institution of learning. No person shall be appointed chief of a municipal police station unless he or she has finished at least second year Bachelor of Laws or has earned at least twelve (12) units in a master's degree program in public administration, criminology, criminal justice, law enforcement, national security administration, and other related disciplines from a recognized institution of learning: Provided, That members of the Bar with at least five (5) years of law practice, licensed criminologists or graduates of the Philippine National Police Academy and who possess the general qualifications for initial appointment to the PNP shall be qualified for appointment as chief of a city or municipal police station: Provided, further, That the appointee has successfully passed the required field training program and has complied with other requirements as may be established by the Commission: Provided, furthermore, That the chief of police shall be appointed in accordance with the provisions of Section 51, paragraph (b), subparagraph 4(i) of this Act." Section 23. Qualifications Upgrading Program. – The Commission shall design and establish a qualifications upgrading program for the Philippine National Police officers and members in coordination with the Civil Service Commission, and the Commission on Higher Education through a distance education program and/or an in-service education program or other similar programs within ninety (90) days from the effectivity of this Act. History of PNP RA 6975- “An Act Establishing the Philippine National Police Under e Reorganized Department of the Department of the Interior and Local Government and for Other Purposes” ended the existence of the Philippine Constabulary and the Integrated National Police. Amended by RA 8551. PNP- Country’s Police Force NAPOLCOM- The Agency that Supervise, Administer and Controlled the PNP. 8551- “PNP Reform and Reorganization Act of 1998” Amended by RA 9708.

IAS- Internal Affairs Service, the watchdog of the PNP. It is an organization within the structure of the PNP. Organic Act 175- creating insular police force. “An Act providing for the organization of an insular Constabulary and for the inspection of the Municipal police. Cesar P. Nazareno – First Police Director General/ PNP Chief. Raul S. Imperial - Second Police Director General/ PNP Chief. Umberto R. Rodriguez - Third Police Director General/ PNP Chief, Appointed by President Fidel V. Ramos. Kempetai- Japanese police force ruled in the Philippines. Manila Police Department (MPD) – created during the first American Occupation renamed into “Metropolitan Constabulary” under the Bureau of Constabulary. By virtue of Act Nr. 183 of the Philippine Commission. Insular Police Force – established during the Filipino American War upon recommendation of the Philippine Commission to the Secretary of War. Insular Constabulary – created by virtue Act. Nr. 175 Capt. George Curry – US Army officer appointed by TAFT COMMISSION and the 1st CHIEF OF POLICE of MPD. Capt. Columbus Piatt – the Last American COP of MPD. October 3, 1901 – Insular constabulary was changed to Philippine Constabulary by virtue of Act Nr. 225 Brig/Gen. Henry T. Allen – 1st Chief of Philippine Constabulary. Father of PC. Brig/Gen. Rafael T. Crame – 1st Filipino COP of PC. Col. Antonio C. Torres – 1st Filipino COP when Manila Police Department became an all Filipino Organization Col. Marcus Ellis Jones – a US Provost Marshall who was named MPD COP just after Manila Liberation. Col. Lamberto T. Javalera – 1st COP of MPD appointed by Pres. Roxas under the Republic Government. RA 4864 – Police Act of 1966, police commission under office of the president of the Philippines. This law gives birth to NAPOLCOM RA 6040 – amended certain section of RA 2260 known as the Civil Service Act of 1969. PD 765 – PC/INP Law. Establishing and constituted the Integrated national police which shall be composed of PC as the nucleus and the integrated police forces (fire and jail department) as components. PD 1184 – The Integrated National Police Personnel Professionalization Act of 1977. Article XVI Section 6 of the Philippine Constitution – The state shall established and maintain one police force, which shall be national in scope and civilian in character, to be administer and controlled by the NAPOLCOM. RA 541 – Police Pension Law PD 1184 – Police Professionalization Law of 1977, gives birth to the PNPA. EO 1040 – transferred the administrative control and supervision on INP from Ministry on National Defense (MND) to the NAPOLCOM. PHILIPPINE HISTORY Philippines – Pearl of the Orient, comprises more than 7,100 islands. 1898 – The Spanish-American War ended. Martial Law – imposed by President Ferdinand E. Marcos. Pearl Harbor- the Japanese surprise attack in America Clark field in Pampanga- bombing mission of Japanese in the Philippines. Hiroshima & Nagasaki – City in Japan wherein the American Air Force drops a Nuclear Bomb. People Power Movement – 4 day protest in Manila, in EDSA Ferdinand Magellan – 1st recorded European contact with the Philippine Island. Cebu – Island of ZUGBO, Humabon in waging a battle against a rival chieftain, Lapu-Lapu of Mactan. The Capital of the new Spanish colony. 1565 – 1st Spanish settlement in the Philippines was established on cebu by Miguel Lopez de Legaspi.

Rajah Soliman – controlled an area of Luzon. The NEW Capital of the Spanish colony. KKK – kataastaasan kagalang galang na katipunan ng mga anak ng bayan, KATIPUNAN, organized by Andres Bonifacio. Biac-na-bato – a place that in negotiated truce. Treaty of Paris – Peace negotiation between spain and the United States. William Howard Taft – President of United States appointed General MacArthur to rule and govern the Philippines. Deep-water harbor – at subic bay, major anchorage for the US naval fleet. Jones Act – instituted an elected Philippine senate and compromised eventual independence. Franklin D. Roosevelt – New President of US who supports the Tydings-McDuffie Act of 1934 stipulated that the Philippines would become an independent republic on July 4, 1946. HUKBALAHAPS- hukbong ng bayan laban sa hapon 1944 – Osmenia succeeded Quezon, who died in the US. April 1946- Roxas became the 1st president of the new republic. April 1948 – Roxas died and was succeeded by Vice President Quirino, who won presidency in 1949. Luis Taruc – HUKS Leader. 1953- Magsaysay was the clear winner in the presidential election. March 1957 – Magsaysay died in plane crash and was succeeded by his vice president Carlos Garcia, and was elected president in his own right in November 1957. 1961 - Diosdado Macapagal win the presidency. 1965 – election gave to presidency to Ferdinand E. Marcos. The 1st president who win a second term. September 21, 1972 – President Ferdinand E. Marcos Proclaimed Martial Law by virtue of Proclamation No. 1081. EDSA – epifanio de los Santos Avenue Mendiola Massacre – government security forces opened fire on the protester and killed 20 people. CRIMINAL JUSTICE SYSTEM Criminal – is a person convicted of a crime by a final judgment Suspect – arrested for the commission of a crime and he is in the law enforcement stage. Respondent – in the prosecution stage Accused – in court Criminal or Convict or Inmate – in correction Ex-convict – in the community Crime - is an act or omission punishable by law, forbidding or commanding it. Felony – crime punishable by Revised Penal Code (RA.3815) Offense – crime punishable by special penal laws. Misdemeanor or Violation or Obstruction of Ordinance – crime punishable by municipal or city ordinances Justice – is the act of rendering what are due or treating persons equally. System – is a combination of related elements organized into a complex prevention and control of crime. Criminal Justice System – is the machinery which the society uses in prevention and control crime. Law Enforcement –First component and pillar of the CJS. They are called the police, conducts arrest, search seizures, etc. The prime mover or front liner of the CJS. (also BIR) They are the one who file complaint. Prosecution – conducts preliminary investigation to determine the existence of probable cause. The one who file information. Court – conducts trial to determine whether the accused is guilty or innocent of the charge. The arbiter of Justice. The “cornerstone” or “centerpiece” of the CJS. Correction– reforms and rehabilitates the offenders. This is known as the weakest pillar in CJS. Community – molds persons from birth and reintegrates offender back to their home. This is the core of the CJS. Teodulo Natividad – introduced CJS in the Philippines

LAW ENFORCEMENT Public Relation – is the act of bringing about better understanding , confidence, and acceptance of an individual or an organization. Police Community Relation – is defined as the sum total dealings of the police with the people it serves and whose goodwill and cooperation it craves for to insure the greatest possible efficiency in the public service. Police Public Relation – is the continuing process by which endeavors are made to obtain the goodwill and cooperation of the public for the effective enforcement of the law and the accomplishment of police purpose. Human Relation – consists of fundamental precepts, both moral and legal which governs the relationship among men in all aspects of life. Crime – Desire + Opportunity (to commit a crime) over Resistance (not to commit a crime) Arrest – is the taking of a person into custody in order that he may bound to answer for the commission of an offense. Warrant of Arrest – is an order in writing issued in the name of 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. Inflagrante Delicto – caught in the act of committing a crime Search Warrant - is an order in writing issued in the name of People of the Philippines, signed by the judge and directed to a peace officer, commanding him to search for personal property described therein and deliver them before the court. 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. Miranda Rights – Miranda vs. Arizona, Constitutional Rights of persons under investigation for the commission of an offense. Doctrine of the Fruit of the Poisonous Tree – any evidence illegally obtained is not admissible in any proceeding. Confession – direct acknowledgement of guilt. Admission - indirect acknowledgement of guilt. RA 7438 – An Act Defining certain rights of person arrested, detained, or under custodial investigation as well as the duties of the arresting, detaining and investigating officers, and providing penalties for violation thereof. PROSECUTION Inquest Proceeding - is a proceeding done by the inquest prosecutor to determine the validity of a warrantless arrest. Preliminary Investigation – is an inquiry held for the purpose of ascertaining whether or not probable cause is present. Probable Cause – is the existence of sufficient ground to engender well founded belief that a crime has been committed and the respondent is probably guilty thereof. RA 9344 – Juvenile Justice Welfare Act of 2006. 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 with the enforcement of the law violated. Information – is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed in court. COURT Judge – is an officer so named in his commission who presides in some court; a public officer, appointed to preside to and administer the law in a court of justice. Jurisdiction – is the power and authority to hear, try, and decide a case. Certification Against Forum Shopping – the complainant, plaintiff, or principal party shall certify under oath in his complaint or other initiatory pleading asserting a claim of relief. Arraignment – is made in an open court by the judge or clerk furnishing the accused of the copy of the complaint of information, reading the same in a language or dialect known to him, and asking him whether he pleads guilty or not guilty.

Bail – is a security given for the release of a person in custody of the law, furnish by him or a bondsman, to guarantee his appearance before any court as required under the conditions specified by law. Recognizance – is the release of the defendant on the custody of a responsible member of the community who shall guarantee his appearance whenever required by the court. Proof beyond Reasonable Doubt – is the degree of proof which produces conviction in an unprejudiced mind. Preponderance of Evidence – means that the testimony adduced by one side is more credible and conclusive that the other. Substantial Evidence – is the relevant evidence which the reasonable mind might accepts as adequate to support a conclusion. Quash – literally to put stop. It is the act of formally declaring that the law or a court’s verdict is invalid. Trial – is the examination before a competent tribunal, according to the laws of the land, of the facts and issue of the case, for the purpose of determining such issue. Alibi – is an averment that the person was at another place for such a period of time that it was impossible for him to have been at the place where the act was committed at the time of its commission. Judgment – is adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of him of the proper penalty and civil liability, if any. Appeal – is a resort to a superior court to review the decision of an inferior court or administrative agency. CORRECTION Prisoners – are those convicted by final judgment. Detainees – are those undergoing investigation/trial, or awaiting trial/sentence. Department of Justice – it holds the Bureau of Prisons Old Bilibid Prison – at present Manila City Jail. Bureau of Jail Management and Penology (BJMP) – administer at the city and municipal jails. It is under the (DILG) Department of Interior and Local Government. Provincial Jail – administer by Provincial Government Prisons – administered by (BuCor) Bureau of Correction, deprived of their liberty for more than 3 years. Jails – are housing persons who are deprived of their liberty for not more than 3 years. Probation – is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and under the supervision of a probation officer. Interlocutory Order – is one which does not finally determine a cause of action but only decides some intervening matter pertaining to the cause. Pardon – is an executive clemency granted by the President/Chief Executive. Pardoning Power of the President Amnesty – is an act of sovereign power granting oblivion or general pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of political character, such as character, such as treason, sedition, and rebellion. Parole – is the suspension of sentence of a convict after having served the minimum sentence imposed without granting pardon, prescribing the terms of the suspension. Commutation – is an act of the President reducing the penalty of a convict. Reprieve and Suspension – the temporary stay or postponement of sentence.

COMMUNITY Community – is a group of persons living I a particular place. Home – Cradle of human personality Marriage – is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. Is a social union or legal contract between people that creates kinship. School – is an institution or place for instruction or education. Church – is the religious society founded and established by Jesus Christ to receive, preserve, and propagate His doctrines and ordinances. Government – is the organization, or agency through which a political unit exercises its authority, controls and administers public policy, and directs and controls the actions of its members or subjects.