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The Philippine Criminal Justice System CONCEPT OF CRIMINAL JUSTICE The prevention and control of crime and ______deliquency

are not the sole task of the government much less the agency of the criminal justice system alone.Questions of a major ____for achieving the objectives and deals of the prevention aand control of crime ______________________________________________________________________ COMPONENTS/PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM 1. Law enforcement 2. Prosecution 3. Courts 4. Correction and 5. Community 1. LAW ENFORCEMENT Law enforcement enforce the laws and rules and regulation of the government in accordance with their designed functions duties and responsibilities within their respective jurisdiction. Ex. Dept. of Finance has the National Customs Police which is responsible for the enforcement and implementation of the custom and tariff laws.

Preferably in law enforcement related course, to be reckoned from the of the date of the effectivity of this amendatory Act. Provided, furthermore, That for concerned PNP members rendering more than fifteen (15)years of service and who have exhibited exemplary performance and determined by the Commission, shall no longer be required to comply with the aforementioned minimum educational requirement.(RA 97081). The implementing rules and regulations (IRR) of paragraph (j) above shall be promulgated joinly by the National Police Commission and the PNP for the effective implementation of this law. RULES ON WAIVER FOOR INITIAL APPOINMENT TO THE PNP a. 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. b. The commission en banc may grant waiver of age, height, weight or educational requirement;

c. Waiver of age requirement may be granted provided that applicant not be less than twenty nor 35n years of age. This means, he has not yet reached his/her 36th bday on the date effective of his/her appointment. d. Waiver of height to those who belong to cultural communities duly certified by the Office of the Muslim Affairs.(OMA). e. Applicant given weight waiver shall be given reasonable time but not exceeding 6 months within which to comply with said requirement; f. Waiver of the educational requirement may be granted to an applicant who has finished second year college or has earned 72 collegiate units leading to a bachelors degree. Provided, that any person who will enter the service with out a baccalaureate degree shall be given a maximum of years to obtain the required educational qualification. FACTORS TO BE CONSIDERED FOR GRANT OF WAIVERS The factors to be considered in the grant of waiver age, height, weight or educational attainment shall include but not limited to the following; a. Outstanding accomplishment in law enforcement or police work or related field. b. Level of physical stamina, endurance or agility. c. Proficiency in martial arts, marksmanship and similar skills. d. Extensive experience in forensic science, ballistics and other technical services; and e. Other similar or analogous factors relevant to the requirement of police work. Bar members, Board licensure, possession of post-graduate degree or units or additional bachelors degree shall be considered in the grant of age, height, or weight, waiver. An applicant for waiver of age, height, weight, or educational requirements may be granted if the applicant possess a cluster of the factors enumerated hereon. PNPA graduates are automatically appointed to the initial rank of Inspector. INCREASED QUALIFICATIONS FOR PROVINCIAL DIRECTORS No person may be designated or assigned Director of a provincial Police Office unless; a. He or she holds a masters 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 satisfactory passed the required training and career courses necessary for the position as may established by the commission. QUALIFICATIONS FOR THE CHIEF OF CITY AND MUNICIPAL POLICE STATION 1. CITY CHIEF OF POLICE OF CITY POLICE STATIONS

Graduate of bachelors of law or has finished all the required academic units of a masters degree program in public administration, criminology, criminal justice, law enforcement, national security administration, defense studies, and other related discipline from a recognized institution of learning; 2. MUNICIPAL CHIEF OF POLICE i. Has finished at least 2nd year Bachelor of Laws or has eared twelve I(12) units in masters degree program in public administration, criminology, criminal justice, law enforcement, national security administration and other related disciplines from a recognized institution of learning. COMMON QUALIFICATIONS FOR CITY AND MUNICIPAL CHIEF OF POLICE Members of the bar at least 5 years of law practice, licensed criminologist or graduates of the Philippine National Police and who possess the general qualifications for initial appointment to the PNP shall be qualified for designation or assignment as chief of a city or municipal police station. c. For city and municipal chief of police has successfully passed required field training program. d. Complied with other requirements as may be established by the commission. PARTICIPANTS OF LOCAL GOVERNMENT EXECUTIVE IN THE ADMINISTRATION OF THE PNP AUTOMATIC DEPUTATION Governors and mayors upon having selected and having qualified as such are automatically deputized as representatives of the Commission in their respective jurisdiction. As such officials furnish the Commission through its regional offices, copy of their oaths of offices as Governors or Mayors, within 30 days from their assumption of office. Thereafter, formal deputation orders shall be issued to them by the commission. As deputized agents of the Commission, the local government executives can inspect police forces and units, conduct audit, and exercise other functions as may be duly authorized by the Commission. (Sec . 70 RA 8551) SUSPENSION OR WITHDRAWAL OF DEPUTATION Unless reversed by the President, the Commission may, after consultation with the Provincial Governor and Congressman concerned, suspend or withdraw the deputation of any local executives for any of the following grounds: a. Frequent unauthorized absences. b. Abuse of Authority c. Providing material supporit to criminal elements; or d. Engaging in acts inimical to national security or which negates the effectiveness of the peace and order of campaign. b.

a.

A. PROVINCIAL GOVERNOR (1) Power to choose the Provincial Director The provincial governor shall choose the Provincial director from list of three (3) eligible recommended by the PNP regional director. B. CITY AND MUNICIPAL MAYOR (1) Operational supervision and control The city and Municipal Mayors shall exercise operational supervision and control the PNP units in, their respect jurisdictions except during the thirty (30) day period immediately preceding and the thirty (30) day following any national; local or barangay elections. During the said period, the local police force shall be under the supervision and control of the COMELEC. OPERATIONAL SUPERVISION AND CONTROL Means the power to direct, superintend, and oversee the day to functions of police investigation of crime, prevention activities and traffic control in accordance with the rules and regulations promulgated by the Commission. It includes the power to direct the employment and deployment of units and elements of the PNP, through the Chief of Police to ensure public safety and effective maintenance of peace and order within the locality. EMPLOYMENT - refers to the utilization of units or elements of the PNP for purposes of protection of lives and properties, enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of criminal offenders and bringing the offenders to justice, and ensuring public safety, particularly in the suppression of disorders, riots, lawlessness, violence, rebellious, and seditious conspiracy, insurgency, subversion or other related activities. DEPLOYMENT- is the orderly and organized physical movements of elements or units of the PNP within the province city or municipality for purpose of employment and herein defined. (2) Intergrated Area or Community Public Safety Plans- Shall develop and establish and intergrated area or community public safety plan including priorities of action and program thrusts for implementation by the local police stations. (3) To sponsor periodic seminars for members of the PNP assigned or detained in his/her city or municipality in order to update them regarding local ordinances and legislations. (4) Administrative disciplinary powers - The city or Municipality mayors shall have the power to impose, after due notice and summary hearings, disciplinary penalties for

minor offenses committed by the members of the PNP assigned to their respective jurisdiction, with penalties of: a) withholding of privileges, and (b) restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, from 16-30 days. Suspension imposed by a mayor is appealable to the Regional Appellate Board .(Napolcom MC2007-001). (5) Others Powers (a)Authority to choose the Chief of Police from a list of five eligibles recommended by Provincial Police Director, preferably from the same province, city, or municipality. Chief of Police chosen shall not be transferred or replaced without the recommendation of the City or Municipal Mayor concerned. Designation for officer-in-charge shall not be more than 30 days. (b) Authority to recommend to the Provincial Director of transfer, re assignment or detail of any PNP member outside of their respective city or town residence. (c) Authority to recommend from a list of eligibles previously screened by the peace and order council the appointment of new members of the PNP to be assigned to their respective cities or municipalities. (d) Authority to make a periodic review and evaluations of the performance of the members of the PNP assigned to their respective jurisdiction in accordance with the rules and regulations and standards, code of conduct promulgated by the Commission. (e) Authority to recommend to the Provincial Director of transfer, reassignment or detail of any PNP member outside of their respective city or town residences. (f) Authority to recommend from a list of eligibles previously screened by the peace and order council the appointment of new members of the PNP to be assigned to their respective cities or municipalities. (g) Authority to make periodic review and evaluation of the performance of With the establishment of the Commonwealth Government in 1935, the PC was merged with the Philippine Army and became know as the Armys Constabulary division (Pagaduan, Norma). In 1936 following the enactment of the Commonwealth Act, the state Police was established. 6. During the Japanese Occupation During the World War II, three PC infantry regiments became the 2nd Regular division of the Philippine Army, the Bureau of Constabulary was established and utilized by the Japanese to run

after the guerillas. After the war, the Pc as reconstituted as the national police force and place under the Department of Interior(Tumakay). 7. Republic Act 8464 Republic 8464 is otherwise known as the Police Act of 1966. This Act has served as the legal corner stone in the initiating and undertaking at national level, the much need reforms in the police service. This act has started or initiated the much needed reforms and considerable improvement in police performance, albent in the minimal level only. The city/municipal police personnel were under the administrative and operational control and supervision of the Office of the President through the office of the National Police Commission (NAPOLCOM). The said office of the personnel