MODULE 1:

Historical Background of Law

Learning Targets:
At the end of the module, students will be able to:

1. Define what is law; and

2. Identify the hierarchy and sources of law.

What is Law?

● LAW – is a Norse word, it is legally defined as a rule of conduct, just

and made obligatory by legitimate authority for the general welfare and
benefit of all people.

● This is in connection with the famous legal Latin maxim which states
that SALUS POPULI EST SUPREMA LEX; or THE SAFETY OF
THE PEOPLE IS THE SUPREME LAW.

● Law - serves as a variety of functions.

The Philippine Legal System

● The Philippine legal system is aptly described as a blend of

customary usage, and Roman (civil law) and Anglo-American
(common law) systems.
● Common law is a body of unwritten laws based on legal
precedents established by the courts.
● Civil law is a comprehensive, codified set of legal
statutes created by legislators. A civil system clearly
defines the cases that can be brought to court, the
procedures for handling claims, and the punishment for
an offense.
The main sources of Philippine law are:

1. The Constitution - the fundamental and supreme law

of the land.

○ The Constitution of the Philippines - provides that the

Republic of the Philippines is “a democratic and republican
state,” a representative government whose public officials
derive their mandate from the people, act on their behalf, and
are at all times accountable to them on the principle thattheir
office is a public trust.
The main sources of Philippine law are:

2. Criminal Law-
• It is defined as the branch of public law which defines crimes,
treats of their nature and provides for their punishment.
• Act No. 3815 – The primary source of criminal law in the
Philippines. It is otherwise known as the Revised Penal Code
and it took effect on January 1, 1932.
The main sources of Philippine law are:

3. Statutes
o Including Acts of Congress, municipal charters,
municipal legislation, court rules, administrative rules
and orders, legislative rules and presidential
issuances.
The main sources of Philippine law are:

4. Treaties and Conventions - these have the same force of authority as

statutes.

Judicial decisions - Art 8 of the Civil Code provides that ‘judicial

decisions applying to or interpreting the laws or the Constitution shall
form a part of the legalsystem of the Philippines’. Only decisions of its
Supreme Court establish jurisprudence and are binding on all other
courts.
6. To some extent, customary law also forms part of the Filipino legal
system. Art 6, para 2 of the Constitution provides that ‘the State shall
recognize, respect, and protect the rights of indigenous cultural
communities to preserve and develop their cultures, traditions and
institutions’.
7. The primary sources of Muslim law / Shariah are the Quran, Sunnah,
Ijma and Qiyas.
THE THREE BRANCHES OF THE GOVERNMENT

There are three equal branches of government:

1. Legislative;
2. Judicial; and
3. Executive.
● These three operate under the doctrine of separation of powers
and a system of checks and balances.

1. Executive branch -is charged with the faithful execution of laws. This
entails the prerogative to choose who to prosecute for criminal violations,
as well as the apprehension and punishment of lawbreakers. The
executive branch also has the power to grant reprieves, commutations,
and pardons andto remit fines and forfeitures after a final judgment of
convictionhas been issued by a court.
2. Legislative branch - In the Philippines, the power to propose,
enact, amend, and repeal laws is vested primarily in Congress.
Congress consists of the Senate and House of Representatives.
The Constitution also provides certain mechanisms by which
people can directly propose and enact laws, or approve or reject
any act or law passed by Congress or local legislative bodies.
3. Judiciary branch- is the branch of government that is engaged in
dispute resolution. The judiciary is the only agency that has the power to
interpret the law when it is unclear or susceptible to different
interpretations.
 HIERARCHY OF PHILIPPINE
LAWS
THE PHILIPPINE CONSTITUTION
occupies the highest level in the hierarchy of laws of the
Philippines. “MOTHER OF ALL LAWS”

Statutes
(National Laws Ex: Acts, Commonwealth Acts, Batas Pambansa,
RA, PD, EO.)

Treatise
(Agreements, International Laws)

Ordinances by LGU
(Provided that they are consistent with national law
 MODULE 2:
Concept of Crime and Justice

Learning Targets:
At the end of the module, students will be able to:
1. Identify the characteristics of criminal law;
2. Explain the importance of law;
3. Differentiate Mala Prohibita and Mala Inse.
What is crime?

● Crime is an act or omission punishable by law

forbidding or commanding it.
● Based on the Theory of Logomacy there is no
crime if there is no law punishing such act. That is
why it is very important for us to define first what law
is all about.
What is Law?

● Law – is defined as the rule of conduct, just

made obligatory by legitimate authority for
the general welfare and benefit of all the
people.
Sources of Philippine Criminal Law:

1. The Revised Penal Code (Act No. 3815) and its

amendments.
2. Special Penal Laws passed by the Philippine
Commission, Philippine Assembly, Philippine Legislature,
National Assembly, the Congress of the Philippines, and
the Batasang Pambansa.
3. Penal Presidential Decrees issued during Martial Law.
Is the court decision is sources of criminal law?

● Take Note: Court decisions are not sources of

criminal law, because they merely explain the
meaning of, and apply, the law was enacted by the
legislative branch of the government.
Power to define and punish crimes

● The State has the authority, under its police power, to

define and punish crimes and to lay down the rules of
criminal procedure. States, as a part of their police
power, have a large measure of discretion in creating
and denning criminal offenses. (People vs. Santiago, 43
Phil. 120, 124)
Limitations on the power of the law-making
body to enact penal legislation.

● The Bill of Rights of the 1987 Constitution imposes the following

limitations:
 No ex post facto law or bill of attainder shall be enacted. (Art. Ill,
Sec.22)
 No person shall be held to answer for a criminal offense without due
process of law. (Art. Ill, Sec. 14[1])
 The first limitation prohibits the passage of retroactive laws which
are prejudicial to the accused.
 Congress is also prohibited from passing an act which would inflict
punishment without judicial trial, for that would constitute a bill of
attainder.
What is an Ex-post Facto Law?

 Derive from the Latin for "from a thing done afterward." It

is used to refer a criminal statute that punishes actions
retroactively, thereby criminalizing conduct that was legal
when originally performed. It also makes criminal an act
done before the passage of the law, and which was
innocent when done and punishes such an act.
What is Bill of Attainder?

 Is a legislative act which inflicts punishment

without trial. Its essence is the substitution of a
legislative act for a judicial determination of
guilt. (People vs. Ferrer, 48 SCRA 382, 395)
What is Criminal Law?

 Criminal Law- is that branch or division of

law which defines crimes, treats of their
nature, and provides for their punishment.
Three Characteristics of Criminal Law

1. General, in that criminal law is binding on all persons who

live or sojourn in Philippine territory. (Art. 14, new Civil
Code)
● Exceptions to the General application of Criminal Law:
 Treaties and Preferential Application
 Persons exempt from the operation of our criminal laws by virtue of
the principles of public international law.
The following are not subject to the operation of
our criminal laws:

o Sovereigns and other chiefs of state.

o Ambassadors, minister’s plenipotentiary, minister’s
resident, and charges d'affaires.
Three Characteristics of Criminal Law

2. Territorial, in that criminal laws undertake to punish crimes

committed within Philippine territory.
The principle of territoriality means that as a rule, penal laws of the
Philippines are enforceable only within its territory. The law is binding to
all crimes committed within the National Territory of the Philippines.
 Terrestrial- jurisdiction exercised over land
 Fluvial – over maritime and interior waters
 Aerial – over the atmosphere
Exception:

It can still be applied under the following conditions:

 Should commit an offense while on a Philippine ship or airship.

 Should forge or counterfeit any coin or currency note of the Philippine Islands
or obligations and securities issued by the Government of the Philippine
Islands;
 Should be liable for acts connected with the introduction into these islands of
the obligations and securities mentioned in the presiding number;
 While being public officers or employees, should commit an offense in the
exercise of their functions; or
 Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code.
Three Characteristics of Criminal Law

3. Prospective, in that a penal law cannot make an act punishablein a

manner in which it was not punishable when committed. As provided in
Article 366 of the Revised Penal Code, crimes are punished under the
laws in force at the time of their commission.

Exceptions to the prospective application of criminal laws:

Whenever a new statute dealing with crime establishes conditions more
lenient or favorable to the accused, it can be given a retroactive effect.
Exception to the exception

This exception has no application:

● Where the new law is expressly made inapplicable to pending actions
or existing causes of action. (Tavera vs. Valdez, 1 Phil. 463, 470-471)
● Where the offender is a habitual criminal under Rule 5, Article 62,
Revised Penal Code. (Art. 22, RPC)
What is Mala In Se?

 The act is wrong from its very nature and criminal

intent is an element for mala in se. Good faith is a
valid defense unless the crime is the result of culpa.
Crimes under the Revised Penal Code are mala in
se in nature. Thus, intent is an element.
What is Mala Prohibita?

 The act is wrong because it is prohibited by law. Criminal

intent is not material but still requires intelligence and
voluntariness. Usually, special laws are Mala Prohibita.
However, there are special laws that are mala in se in
nature. E.g, RA 8353, “The New Rape Law”.
 MODULE 3:
Concept of Criminal, Victim, and
Victimization
Theories
Learning Targets:
At the end of the module, students will be able to:

1 Distinguish the term criminal in layman and legal

perspective; and

2. Apply the terms used to a person who commits a

crime in every stage or level of the justice system.
Who is a Criminal?

 A person who committed a crime and convicted by final

judgment.
The term criminal is used both in layman and legal perspective.
 the legal sense, criminal refers to any person who has been found to have
committed a wrongful act in the course of the standard judicial processes.
 In the criminology sense, a person is already considered as the criminal the
moment he committedany anti-social act even without conviction.
What is Victimology?

● Victimology is the scientific study of the

psychological effects of crime and the relationship
between victims and offenders.
Who is a victim?

 A victim is defined as a person who has suffered

physical or emotional harm, property damage, or
economic loss as a result of a crime.
Theories of Victimization

 Theory of Victimization deals with the role that the victim plays in the
criminalevent.

1. VICTIM PRECIPITATION THEORY

 Main Concept : According to victim precipitation theory, some people may
actually initiate theconfrontation that eventually leads to their injury or death.
 Victim Impulsivity: A number of research efforts have found that both male and female
victims have an impulsivepersonality that might render them abrasive and obnoxious,
characteristics that might incite victimization.
2. LIFESTYLE THEORY
 Some criminologists believe people may become crime
victims because their lifestyle increases their exposure to
criminal offenders.
 Examples:
 Single women who drink frequently and have a prior history
of being sexually assaulted are most likely to be assaulted
on [college] campus.
 People who belong to groups that have extremely risky
lives— homeless, runaways, drug users—are at high risk for
victimization; the more time they are exposed to street life,
the greater their risk of becoming crime victims.
Theories of Victimization

3. DEVIANT PLACE THEORY

 The more often victims visit dangerous places, the more likely they will be exposed to
crime and violence. Victims do not encourage crime but are victim prone because
they residein socially disorganized high-crime areas where they have the greatest
risk of coming into contact with criminal offenders, irrespective of their own behavior or
lifestyle.
4. ROUTINE ACTIVITIES THEORY
 The volume and distribution of predatory crime (violent crimes against a
person and crimes in which an offender attempts to steal an object directly)
are closely related to the interaction of three variables that reflect the routine
activities of the typical American lifestyle:
a. The availability of suitable targets, such as homes containing easily saleable goods.
b. The absence of capable guardians, such as police, homeowners, neighbors, friends, and
relatives. Even the most desperate criminal might hesitate to attack a well-defended target an
undefended, yet attractive target (not referring to sexual) becomes an irresistible objective for
motivated criminals.
c. The presence of motivated offenders, such as a large number of unemployed teenagers.
What is the different designation of a person under the
pillars of Phil. Criminal Justice System?

Pillars Designation

Law Enforcement/ Police At this stage a person is called

SUSPECT.

Prosecution At this stage a person is called

RESPONDENT.

Court At this stage a person is called

ACCUSED.

Correction At this stage a person is called

CRIMINAL.

Community At this stage a person is called EX-

CONVICT. Graduate of pinnal
institution
 MODULE 6:
Law Enforcement Pillar (Arrest,
Search and Seizure and
Entrapment)
Learning Targets:

At the end of the module, students will be able to:

1. Understand the importance of Law Enforcement pillar of

CJS;
2. Identify the different functions and activities of law
enforcementpillar; and
3. Familiarize the different terms related to law
enforcement pillar.
What is Law Enforcement Pillar?

● Law Enforcement or Police

 refers to any system by which members of the
society act in an organized manner to enforce
the law by discovering, deterring, rehabilitating,
or punishing people, who violate the rules and
norms governing that society.
Who is a law enforcement officer?

● Law enforcement officer- is someone who

enforces a law by discovering, deterring,
rehabilitation or punishing people who violate
the rules and norms governing that society.
Take Note:

 The Law Enforcement or Police Pillar of CJS,

conducts arrest, search, and seizure that’s why it is
considered as the PRIME MOVER and FRONT
LINER of the CJS.
The Different Police Activities: P.R.A.S.I.P

P- revention of Crime;
 It is intended to determine and prevent the root cause of crime.
R- epression or Suppression of Crime;
 It is done to reduce the opportunity of committing a crime.
A- pprehension of Offenders;
S- earch and Seizure;
I- nvestigation of Crime;and
P- rotection of lives and properties.
What is the primary law enforcement agency in the
Philippines?

 In the country, the primary law enforcement or police agency is the PNP
or Philippine National Police.
Legal Foundations of Police (PNP)
I. Article XVI Sec. 6 of the 1987 Philippine Constitution.
o It provides that “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 the local executives over the police units in their
jurisdiction shall be provided by law.”
Legal Foundations of Police (PNP)

II. Republic Act No. 6975

o An Act Establishing the Philippine National Police under a
reorganized Department of the Interior and the Local
Government (DILG), and for other purposes also known as the
DILG Act of 1990, as amended by Republic Act 8551 and
Republic Act No. 9708 on Dec. 13, 1990.
Legal Foundations of Police (PNP)

III. Republic Act No. 8551

o An Act providing for the reform and reorganization of the
Philippine National Police and for other purposes, amending
certain provisions of R.A No. 6975. This Act is also known as
the PNP Reform and Reorganization Act of 1998, as amended
by the Republic Act No. 9708.
Legal Foundations of Police (PNP)

IV. Republic Act No. 9708

o An Act Extending for 5 years the reglementary period for
complying with the Minimum Educational Qualification
for Appointment to the Philippine National Police and
Adjusting the Promotion System. Amending the pertinent
provisions of R.A No. 6975 and R.A No. 8551.
Take note:

● The work of the PNP is the prevention and control of crimes,

enforcement of laws, and affecting the arrest of offenders,
including the conduct of lawful searches and seizures to gather
necessary evidence so that a complaint may be filed with the
Prosecutor's Office.
What is arrest?

 Arrest is the taking of a person into custody in order that

he may be bound to answer for the commission of an
offense.
● How is Arrest 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.
 No violence or 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.
 Section 2. Rule 113 of the Revised Rules on Criminal
Procedure

 Provides for the manner, time and conduct of arresting a person who
committed a crime.

General Rule in Conducting Arrest:

In conducting arrest there must be a valid WARRANT OF ARREST.
 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.
 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.
Basis of Warrant of Arrest:

According to Art. III, Sec. 2 of the 1987 Philippine Constitution it

states that “The right of the people to be secured in their persons,
houses, and papers, effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be inviolable and
no search warrant or warrant of arrest shall be issue except upon
probable cause to be determined personally by the judge after the
examination under oath or affirmation of the complainant and the
witnesses that may be produced, and particularly describing the place to
be searched and the persons to be seize.”
Warrant of Arrest

 Is a written authority or order in writing issued in

the name of the People of the Philippines, signed
by the judge and directed to a peace officer
commanding him to arrest a person or persons stated
therein and deliver them before the court.
WHEN IS AN ARREST WITHOUT WARRANT LAWFUL?

1. 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)
2. 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; HOT PURSUIT
3. 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. ESCAPEE
SIGNIFICANT TERMS:

● What is a Citizen’s Arrest?

 A warrantless arrest that can be effected by a private individual
or a citizen.
● What is Alias Warrant?
 A second writ of execution replacing the first one due to
expiration
● What is a John Doe Warrant?
 A warrant for the apprehension of a person whose true name is
unknown.
What is Search and Seizure?

● Search in criminal law,

 Is used to describe a law enforcement agent’s examination of a
person’s home, vehicle, or business to find evidence that a crime
has been committed.
● Seizure happens if the officers take possession of items
during the search.
General Rule in Conducting Search and Seizure:

 In every search there must be a valid SEARCH WARRANT.

What is Search Warrant?

o Is a written authority or order in writing issued in the
name of the People of the Philippines, signed by the
judge and directed to a peace officer commanding him to
search for a personal property described therein and
bring it before the court.
WHEN IS THE SEARCH OR SEIZURE UNREASONABLE?

 A search and seizure is unreasonable if it is made without a search

warrant, or the warrant wasinvalidly issued.

Who Issues a Warrant of Arrest and Search Warrant?

 Only judges are authorized to issue Warrants of Arrest and Search
Warrants.
What is probable cause?

Probable cause - is a well-founded belief that a crime has been

committed and the respondent is probably guilty thereof and should be
held for trial. (Sec.1, Rule 112, Revised Rules on Criminal Procedure)

WHAT ARE THE THREE SITUATIONS WHEREIN THERE MUST BE

FINDING OF PROBABLE CAUSE?
1. Probable cause in filing of information
2. Probable cause in the issuance of a search warrant
3. Probable cause in the issuance of a warrant of arrest
Entrapment vs Instigation

● Entrapment
o is the employment of such ways and means for the purpose of trapping
or capturing a lawbreaker.
● Instigation
o is the means by which the accused is lured into the commission of the
offense charged inorder to prosecute him.

 As has been said, instigation is a “trap for the unwary

innocent,” while entrapment is a “trap for the unwary
criminal.”
 MODULE 7:
Law Enforcement Pillar
Philippine National Police
and other Law Enforcement Agencies

Learning Targets:
At the end of the module, students will be able to:
1. Identify the different law enforcement agencies other than Philippine
National Police; and
2. Discuss the roles and functions of the National Bureau of Investigation,
Philippine Coast Guard, Philippine Center on Transnational Crime, and
Bureau of Immigration and PDEA.
PNP is the primary police force since:

1. It is mandated by Constitution (Art 16, Sec 6) – National in scope

(one police force – merge INP and PC) and civilian in character (it is
not connected with military);

2. There may be other agencies whose function is the same with PNP, but
they are working specific functions not like PNP which we can consider
as junk of all work loads and the first legally authorized person whom
individuals may contact in cases of any emergencies or incidents.
What are the law enforcement agencies in the country
other than PNP?

● National Bureau of Investigation (NBI)

● Philippine Center on Transnational Crime (PCTC)
● Philippine Coast Guard (PCG)
● Bureau of Immigration
● PDEA
National Bureau of Investigation or NBI

● Is an agency of the Philippine government under the Department ofJustice,

responsible for handling and solving major high-profile cases that are in the interest
of the nation.
● Headed by a Director who shall be appointed by the President ofthe Philippines
with the consent of the Commission on Appointmentsof the Congress of the
Philippines.
FUNCITON:
o It undertakes efficient detection and investigation of crimes and other offenses
against the laws of the Philippines upon its own initiative and as public interest
may require, renders technical assistance upon request in the investigation and
detection of crimes and other offenses, coordinates with other national and
local police agencies in the maintenance of peace and order, and establishes
and maintains an up-to-date scientific crime laboratory.
Philippine Center on Transnational Crime (PCTC)

● It handles crimes related and considered as

transnational crime; crimes that transcend beyond
borders.
● The PCTC is under the Office of the President.
● The Executive Director has immediate supervision and
control over all units of the PCTC. As such, he is
authorized to designate duties and functions of all units
and personnel of the PCTC.
Transnational Crimes

 Transnational crimes are crimes that have actual or potential effect across
national borders and crimes that are intrastate but offend fundamental values
of the international community.

What are examples of Transnational Crimes according to PCTC?

1. Illicit trafficking of narcotic drugs and psychotropic substances;
2. Money laundering;
3. Terrorism;
4. Arms Smuggling;
5. Trafficking in Persons;
6. Piracy; and
7. Other crimes that have an impact on the stability and security of the
country.
Philippine Coast Guard (PCG)

● Is an armed and uniformed service tasked primarily with enforcing laws

within Philippine waters, conducting maritime security operations,
safeguarding life and property at sea, and protecting marine environment
and resources.
● The Coast Guard also serves as an attached service of the Armed
Forces of the Philippines in wartime.
● It is an agency attached to the Department of Transportation of the
Philippines.
● The Philippine Coast Guard is led by the Commandant of the
Philippine Coast Guard, and directly reports to the Secretary of
Transportation in maritime law enforcement, and also reports to the Chief
of the Navy in wartime.
Bureau of Immigration

 Also known between 1972 and 1987 as the Bureau of Immigration

and Deportation,
 The Bureau of Immigration (BI) is principally responsible for the
administration and enforcement of immigration, citizenship, and
alien admission and registration laws in accordance with the
provisions of the Philippine ImmigrationAct of 1940.
 HEAD: Commissioner
PDEA

 Philippine Drug Enforcement Agency is the lead anti-drug law

enforcement agency, responsible for preventing, investigating and
combating any dangerous drugs, controlled precursors and essential
chemicals within the Philippines.
 The agency is tasked with the enforcement of the penal and regulatory
provisions of Republic Act No. 9165 (R.A. 9165), otherwise known as the
Comprehensive Dangerous Drugs Act of 2002.
 It is also the is the implementing arm of the Dangerous Drugs Board
(DDB).
 PDEA and DDB are both under the supervision of the Office of the
President of the Philippines.