Brgy Malamig

Lecturer: PO2 PATRICK MARZ AVELIN

INHERENT POWER OF THE GOVERNMENT

POLICE POWER

POWER OF TAXATION

POWER OF EMINENT DOMAIN

THE STATE VS PEOPLE

The Philippines is a democratic and republican State. Sovereignty resides in

the people and all government authority emanates from them.

Civilian authority is, at all times, supreme over the military;

The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the
fulfillment thereof,

all citizens may be required, under conditions provided by law, to render

personal, military or civil service;

The maintenance of peace and order, the protection of life, liberty, and
property, and promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy

Three Branches of Government

Executive Department- ( President)

Legislative Department Congress ( Senators and Representatives)

Judiciary Department -Supreme Court and Lower Courts

Bill of Rights

Article 1- No person shall be deprived of life, liberty and property without due
process of law nor shall be denied equal protection of laws.

Article 2- The right of the people to be secure in their persons, houses, papers,
and 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
issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the persons
or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be

inviolable except upon lawful order of the court, or when public safety or order
requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.

Bill of Rights

Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and

independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof

shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section
as well as compensation to the rehabilitation of victims of torture or similar
practices, and their families

The accused shall be presumed innocent until proven

guilty

(Section 14.2).

THE POLICE OFFICER

The Philippine Constitutions: The State shall establish and maintain one police
force, which shall be national in scope and civilian in character, to be
administered and controlled by a national police commission. The authority of
local executives over the police units in their jurisdiction shall be provided by
law.

Mission of the PNP

The PNP is mandated to enforce the law, prevent and control crimes,
maintain peace and order, and ensure public safety and internal security with
the active support of the community

WHEN WE CAN LAWFULLY ARREST A

PERSON WITHOUT A WARRANT?

An arrest may be made at any day or any time of day by virtue of a Warrant
of Arrest, issued by the court or by warrantless arrest. A police officer or a
private person may make an arrest without a warrant under the following
conditions:

a. When, in his presence, the person to be arrested has committed, is

actually committing, or is attempting to commit an offense;

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

c. When the person to be arrested is a prisoner who has escaped from a

penal establishment or place where he is serving final judgment or
temporarily confined while his case is pending, or has escaped while being
transferred from one confinement area to another

After we arrested the person what we

should do next?

If you are arrested, the arresting officer has the responsibility to ensure that
your rights are protected and respected, according to Republic Act 7438.

a. The arresting officer has the responsibility of informing you of the reason
for the arrest in a language known to you.

b. You may require the arresting officer to show you the Warrant of Arrest.

c. The arresting officer should inform you of your constitutional

right
to remain silent
and that any statement you might make could be used
for or against you in any court of the law; that you have the
right
to
counsel of your own choice, and if you cannot afford to hire a lawyer, one
shall be provided to assist you; and that the arresting officer should ask you if
you understand those rights. You have the right tocommunicate
withyour
lawyer or your immediate family. It is the responsibility of the arresting
officer to see to it that these are accomplished.

After we arrested the person what we

should do next?

If you are arrested without a warrant (on conditions in Para 1.1), you will be
immediately brought to the proper police station and kept there for not more than
12 hours for crimes or offenses punishable by light penalties; 18 hours for crimes
or offenses punishable by correctional penalties; and 36 hours for crimes or
offenses punishable by capital penalties. You must undergo inquest proceedings in
accordance with Section 7, Rule 112 of the 2000 Rules of Criminal Procedure.

If you have been arrested without a warrant and you waive your right under the
provisions of Article 125 of the Revised Penal Code, the arresting officer shall
ensure that you sign a waiver of detention in the presence of the counsel of your
choice. If you waive your right against self incrimination and opt to give your
statement, the arresting officer shall ensure.

Immediately after your arrest, you should be subjected to a physical examination

by a medico-legal officer or, in the absence of such medico-legal officer, by any
government physician in the area. Prior to your release or any change of custody,
you will also be physically examined.

How the arrest may execute?

The arresting officer has the responsibility to ensure that warrants of arrest
are properly served and he is vested with certain authority to enable him to
accomplish the task. His authority includes:

a. Right of officer to break into building or enclosure. An officer in order to make

an arrest either by virtue of a warrant, or without a warrant, may break into
building or enclosure where the person to be arrested is or is reasonably
believed to be, if he is refused admittance thereto, after announcing his
authority and purpose.

b. Right to break out from building or enclosure

Whenever an officer has entered the building or enclosure to make an arrest, he

may break out from there in order to liberate himself;

Arrest
after
escape or rescue.
If a
person lawfully
arrested escapes or is rescued by his cohorts, any person may
immediately pursue to retake him without a warrant at anytime and in any place
within
the Philippines.

When we can search the person or his houses

without violating their rights or cannot be
held criminally liable?

Lawful search incidental to a lawful arrest

Consented Search

Plain View Doctrine

Moving Vehicle

Stop and Frisk Doctrine ( Terry vs ohio )

Custom Search

Private Search ( People vs Marti.

KATARUNGAN PANBARANGAY

412. Conciliation. - (a) Pre-condition to Filing of Complaint in Court. - No

complaint, petition, action, or proceeding involving any matter within the
authority of the lupon shall be filed or instituted directly in court or any other
government office for adjudication, unless there has been a confrontation
between the parties before the lupon chairman or the pangkat, and that no
conciliation or settlement has been reached as certified by the lupon secretary or
pangkat secretary as attested to by the lupon or pangkat chairman or unless the
settlement has been repudiated by the parties thereto

Where Parties May Go Directly to Court. - The parties may go directly to court in
the following instances: (1) Where the accused is under detention; (2) Where a
person has otherwise been deprived of personal liberty calling for habeas corpus
proceedings; (3) Where actions are coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal property, and support
pendente lite; and (4) Where the action may otherwise be barred by the statute
of limitations.

KATARUNGAN PANBARANGAY

Subject Matter for Amicable Settlement; Exception Thereto. - The lupon of

each Barangay shall have authority to bring together the parties actually
residing in the same city or municipality for amicable settlement of all
disputes except:

Where one party is the government, or any subdivision or instrumentality

thereof;

(b) Where one party is a public officer or employee, and the dispute relates
to the performance of his official functions;

(c) Offenses punishable by imprisonment exceeding one (1) year or a fine

exceeding Five thousand pesos (Php5,000.00);

(d) Offenses where there is no private offended party;

KATARUNGAN PANBARANGAY

(e) Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon; (f) Disputes involving parties
who actually reside in Barangays of different cities or municipalities, except
where such Barangay units adjoin each other and the parties thereto agree to
submit their differences to amicable settlement by an appropriate lupon;

(d) Such other classes of disputes which the President may determine in the
interest of justice or upon the recommendation of the secretary of Justice.
The court in which non-criminal cases not falling within the authority of the
lupon under this Code are filed may, at any time before trial, motu proprio
refer the case to the lupon concerned for amicable settlement.