Coverage of Exams (Entrance)

□ General lnformation
□ Philippine Constitution and History
□ PNP Law and History
□ Criminal Justice System
□ Current Events
□ Social Awareness and Value Judgment
□ Verbal Reasoning
□ Vocabulary
□ Comprehension
□ Grammar
□ Quantitative Reasoning
□ Basic Concepts
□ Problem-Solving Skills
□ Logical Reasoning
□ Verbal
□ Non-Verbal
Constitutional history of Philippines

Introduction
The Republic of the Philippines sits on an archipelago in Southeast Asia and consists of
7,107 islands with a total area of 300,000 square kilometres. It is located at the intersection of
several bodies of water: it is bounded by the Pacific Ocean in the north, the South China Sea
in the west, the Sulu and Celebes Seas in the south, and the Philippine Sea in the east. Over
90 million people live on the islands, some 12 million of whom live in the capital region, Metro
Manila. Most of the people on the islands are of the same racial stock as the Malays and the
Indonesians, but a Chinese minority (around 1.5%) make up an influential part of the
Philippine economy. There are eight major languages and close to a hundred dialects.

Constitutional history
The Philippines had long been used as a trading port in Asia, and this led to their
colonization by the Spanish and later by the Americans. The Spanish converted most of the
population to Catholicism and the religion remains the dominant one in the country. During
the later part of more than 300 years of Spanish rule, nationalist sentiment began to grow
among groups of Indios (which was how the Spanish referred to the Filipinos), fuelled in large
measure by the writings of national hero Jose Rizal (later executed by the Spanish authorities)
and other ilustrados (the Filipino intellegensia). A revolution was launched against Spain and
the revolutionaries declared Philippine independence in Kawit, Cavite on June 12, 1898. What
became known as the Malolos Congress was convened on September 15, 1898 and the first
Philippine Constitution, called the Malolos Constitution, was approved on January 20, 1899,
ushering what is called the First Philippine Republic. In the Spanish-American War of 1898, the
revolutionaries sided with the Americans, hoping that, with the defeat of Spain, independence
would be granted by the US to the Philippines. This, however, did not happen. After Spain
ceded (or sold) the islands to the United States in the Treaty of Paris, the US immediately
proceeded to brutally suppress the Philippine independence movement.
In 1916, the US passed the Jones Act which specified that independence would only be
granted upon the formation of a stable democratic government modelled on the American
model, not the French model as the previous constitution had been. The US approved a ten-
year transition plan in 1934 and drafted a new constitution in 1935. World War II and the
Japanese invasion on December 8, 1941, however, interrupted that plan. After heroic Filipino
resistance against overwhelming odds finally ended with the fall of Bataan and Corregidor in
1942, a Japanese “republic” was established, in reality, a period of military rule by the
Japanese Imperial Army. A new constitution was ratified in 1943 by Filipino collaborators who
were called the Kapisanan sa Paglilingkod ng Bagong Pilipinas (Kalibapi). An active guerilla
movement continued to resist the Japanese occupation. The Japanese forces were finally
defeated by the Allies in 1944 and this sorry chapter came to a close.
Philippine independence was eventually achieved on July 4, 1946. The 1935
Constitution, which featured a political system virtually identical to the American one, became
operative. The system called for a President to be elected at large for a 4-year term (subject
to one re-election), a bicameral Congress, and an independent Judiciary.

Independence to martial law

From the moment of independence, Filipino politics have been plagued by the twin
demons of corruption and scandal. Notwithstanding, Presidents Ramon Magsaysay (1953-57),
Carlos Garcia (1957-61), and Diosdado Macapagal (1961-65) managed to stabilize the
country, implement domestic reforms, diversify the economy, and build Philippine ties not
only to the United States, but also to its Asian neighbours.
Ferdinand Marcos was elected president in 1965 and was re-elected in 1969, the first
president to be so re-elected. Desirous of remaining in power beyond his legal tenure, he
declared martial law in 1972, just before the end of his second and last term, citing a growing
communist insurgency as its justification. He then manipulated an ongoing Constitutional
Convention and caused the drafting of a new constitution – the 1973 Constitution – which
allowed him to rule by decree until 1978 when the presidential system of the 1935
Constitution was replaced with a parliamentary one. Under this new system, Marcos held on
to power and continued to govern by decree, suppressing democratic institutions and
restricting civil freedoms. In 1981, martial law was officially lifted, but Marcos continued to
rule by the expedient of being “re-elected” in a farce of an election to a new 6-year term. He
continued to suppress dissent and thousands of vocal objectors to his rule either mysteriously
disappeared or were incarcerated. Despite economic decline, corruption allowed Marcos and
his wife Imelda to live extravagantly, causing resentment domestically and criticism
internationally.

The people’s choice

When opposition leader Benigno Aquino Jr. was assassinated upon returning from exile
in 1983, widespread outrage forced Marcos to hold “snap” elections a year early. The election
was marked by fraud on the part of Marcos and his supporters but Marcos had himself
declared the winner constitutionally, amidst international condemnation and nationwide
domestic protests. A small band of military rebels tried to mount a coup, which failed because
of its discovery, but this triggered what became internationally celebrated as the “People
Power” revolution, when droves of people spilled out onto the streets to protect the rebels,
eventually numbering well over a million. Under pressure from the United States, Marcos and
his family fled into exile. His election opponent, Benigno Aquino Jr.’s widow Corazon, was
installed as president on February 25, 1986.

The 1987 Constitution

Aquino began her term by repealing many of the Marcos-era regulations that had
repressed the people for so long. In March, she issued a unilateral proclamation establishing a
provisional constitution. This constitution gave the President broad powers and great
authority, but Aquino promised to use them only to restore democracy under a new
constitution. This new constitution was drafted in 133 days by an appointed Constitutional
Commission of 48 members and ratified by the people in a plebiscite held on February 2,
1987. It was largely modelled on the American Constitution which had so greatly influenced
the 1935 Constitution, but it also incorporated Roman, Spanish, and Anglo law.
The 1987 Constitution established a representative democracy with power divided
among three separate and independent branches of government: the Executive, a bicameral
Legislature, and the Judiciary. There were three independent constitutional commissions as
well: the Commission on Audit, the Civil Service Commission, and the Commission on
Elections. Integrated into the Constitution was a full Bill of Rights, which guaranteed
fundamental civil and and political rights, and it provided for free, fair, and periodic elections.
In comparison with the weak document that had given Marcos a legal fiction behind which to
hide, this Constitution seemed ideal to many Filipinos emerging from 20 years of political
repression and oppression.

Executive branch
The Executive branch is headed by the President and his appointed Cabinet. The
President is the head of the state and the chief executive, but he is subject to significant
checks from the other branches, especially in times of emergency, which, given the history of
the country, was obviously intended to be a safeguard against a repeat of Marcos’ martial law
despotism. For example, in cases of national emergency, the President can still declare
martial law, but not for a period longer than 60 days. Congress can revoke this decision by a
majority vote, or it can also extend it for a period to be determined by the Congress.
Additionally, the Supreme Court can review the declaration to decide if there were
sufficient facts to justify martial law. The President can grant pardons and amnesty. He is also
empowered to make or accept foreign loans. He cannot, however, enter into treaties without
the consent of the Senate. The President and Vice-President are elected at large by a direct
vote, but the President may only serve one 6-year term. The Cabinet, consisting of the
President’s advisers and heads of departments, is appointed by the President and it assists
him in his governance functions.

Legislative branch
The legislative power is vested in a Congress which is divided into two Houses, the
Senate and the House of Representatives. The 24 members of the Senate are elected at large
by a popular vote and can serve no more than two consecutive 6-year terms. The House is
composed of 250 elected members. Most of these Representatives are elected by district for
3-year terms, but 20% of the total membership is chosen in proportion to party
representation. Besides the exclusive power to legislate, one of the most important powers of
Congress is the ability to declare war, which it can through a two-thirds vote in both houses.
Even the power to legislate, however, is subject to an executive check. The President retains
the power to veto a bill passed by both houses, and Congress may override this veto only with
a two-thirds vote in both houses.

Judicial branch
The Court system in the Philippines exercises the judicial power of government and it is
made up of a Supreme Court and lower courts created by law. The Supreme Court is a 15-
member court appointed by the President without need for confirmation by Congress.
Appointment, however, is limited to a list of nominees presented to the President by a
constitutionally-specified Judicial and Bar Council. This Council consists of 7 members: the
Chief Justice of the Supreme Court, the Secretary of Justice, a representative from Congress, a
representative of the Integrated Bar, a professor of law, a retired member of the Supreme
Court, and a representative of the private sector. The first four serve for four years, the law
professor for three, the retired Justice for two, and the private sector representative for one
year. The Supreme Court Justices may hear, on appeal, any cases dealing with the
constitutionality of any law, treaty, or decree of the government, cases where questions of
jurisdiction or judicial error are concerned, or cases where the penalty is sufficiently grave. It
may also exercise original jurisdiction over cases involving government or international
officials. The Supreme Court also is charged with overseeing the functioning and
administration of the lower courts and their personnel.

Government oversight bodies

The Constitution also establishes three independent Constitutional Commissions. The
Civil Service Commission acts as a central agency in charge of government personnel. The
Commission on Elections enforces and administers all election laws and regulations to ensure
that they are free and fair for all involved. Finally, the Commission on Audit examines all
funds, transactions, and property accounts of the government and its agencies. Each of these
Commissions is given governing and financial autonomy from the other branches of
government to ensure unbiased decision-making. All decisions made by these Commissions
are reviewable by the Supreme Court. To further ensure the ethical and lawful functioning of
the government, the Constitution also creates an Office of the Ombudsman to investigate
complaints regarding public corruption, unlawful behaviour of public officials, and other public
misconduct. The Ombudsman can then charge such misbehaving public officials before a
special court called the Sandiganbayan. The Ombudsman is also independent administratively
and financially from the other branches of government, although the President is vested with
the power to appoint the Ombudsman and his Deputies (from a list also prepared by the
Judicial and Bar Council) for single 7-year terms. Only the House has the power to initiate
impeachment of the President, the members of the Supreme Court, and a few other
constitutionally protected public officials like the Ombudsman. The Senate is then supposed to
try the impeachment case. Each of these aforementioned independent agencies was created
for the purpose of promoting moral and ethical conduct in government.

System of Government under 1987 Constitution

Issues and Challenges

Issues Challenges
▪ Economic development – how to ensure ▪ Corruption
that economic growth also benefits the▪ Poor law enforcement and an ineffective
poorer classes? justice system
▪ Minority rights – how to ensure multi- ▪ Lack of transparency and accountability in
ethnicity and pluralism for religious and public office
ethnic minorities? ▪ Polarization between the few who are
▪ De-concentration of power – how to reduce wealthy and the many who are poor
the considerable power of the political and ▪ Weak actual protection of the human
economic elites and give more actual rights of vulnerable groups (women,
power to the people? children, minorities, journalists, political
▪ Better governance – how to make activists)
government more effective in meeting the▪ Involvement of the military in political
nation’s aspirations? questions
Issues Challenges
▪ Spreading growth – how to have more even ▪ Ending the Muslim insurgency in southern
regional development? Mindanao

Timeline
1542 Spanish claim the islands
1898 Spain cedes the Philippines to the US
1902 US establishes civil government to replace military rule
1935 The Commonwealth of the Philippines is established under President Manuel
Quezon and the US promises independence in 10 years
1941 Japanese forces invade the islands
1944 The US retakes the islands
1946 The US grants the new Republic of the Philippines full independence
1965 Ferdinand Marcos becomes President
1969 Marcos is reelected despite allegations of elections fraud, Vietnam protests
begin, Muslim separatists begin guerrilla war in the south
1972 Marcos declares martial law, suspends parliaments, arrests opposition leaders,
and imposes censorship regulations
1973 New constitution adopted granting Marcos broad powers
1981 Marcos wins reelection, martial law lifted
1983 Oppoisiton leader Benigno Aquino killed as he returns to the Philippines from
exile
1986 Marcos opposed in elections by Aquino’s widow Corazon, mass protests of
election results in favour of Marcos forces him into exile
11 FebruaryNew Constitution passed
1987
1992 Aquino replaced as President by defence minister Fidel Ramos
1996 Peace agreement signed with Muslim separatist group
1998 Joseph Estrada, former film star, elected President
January 2000 Impeachment trial against Estrada suspended, leading to mass protests which
replace Estrada with Vice-President Gloria Arroyo
April 2001 Estrada found guilty of stealing more than 80 million dollars of state funds
during Presidency, but later pardoned
June 2004 Arroyo elected to Presidency
2005 Arroyo resists attempt to impeach her under allegations of vote-rigging,
declares a state of emergency in response to an alleged military coup
2007-2009 Ethnic tensions mount between Islamic separatist groups and Christian
majority
June 2010 Beningo “Noynoy” Aquino, son of Corazon Aquino, elected President
*Developed with input from Dr Florangel Braid (former member of the Constitutional
Commission) and Rene Azurin
The Philippine National Police
Originating from a merging of the Philippine Constabulary and the Integrated National
Police, the Philippine National Police (PNP) is the civilian national police force of the
Philippines. The following is a brief history of the PNP and the organizational structure that it
holds today.

I. HISTORICAL HIGHLIGHTS
The Philippine National Police (PNP) originated from the Philippine Constabulary or the
PC, which was inaugurated on August 8, 1901, establishing it as an insular police force under
the American regime. On August 8, 1975, Presidential Decree no. 765 was issued, establishing
the Philippine Constabulary Integrated National Police or the PC/INP as the country’s national
police force. These fragmented and diverse local police units were integrated into a national
police force with the Philippine Constabulary as its nucleus.
After the People’s Revolution in 1986, a new Constitution was promulgated providing
for a police force, which is “national in scope and civilian in character.” Consequently,
Republic Act No. 6975 entitled, “An Act Establishing the Philippine National Police under a
Reorganized Department of the Interior and Local government (DILG),” was signed into law on
December 13, 1990, which took effect on January 1, 1991. Subsequently, the PNP was
operational on January 29, 1991, whose members were formerly the PC and the INP and the
absorption of the selected members from the major service units of the Armed Forces of the
Philippines such as the Philippine Air Force Security Command, the Philippine Coast Guard,
Philippine Navy, and the Philippine Army.
Thus, to further strengthen the PNP into a highly efficient and competent police force,
Republic Act No. 8551 entitled “PNP Reform and the Reorganization Act of 1998” was enacted
on February 17, 1998, amending certain provisions of Republic Act No. 6975.

II. ORGANIZATIONAL STRUCTURE

1. RELATIONSHIP OF THE PNP TO THE DILG
Pursuant to Republic Act No. 6975 as amended by Republic Act No. 8551, The PNP in
under the administrative control and operational supervision of the National Police
Commission. Meanwhile, the NAPOLCOM is an attached agency of the Department of the
Interior and Local Government for policy and program coordination. The Secretary of the
Interior and Local government is mandated to be the Ex- Officio Chairman of NAPOLCOM.

2. THE PNP ORGANIZATIONAL STRUCTURE

In order to accomplish the mission, powers and functions of the PNP, its structure was
provided for as follows:
1. The PNP Command Group is headed by the Chief PNP who is vested with the power to
command and direct the PNP. He is also assisted by two Deputies assigned to
the administration of the PNP and one for operations side.
2. The Chief of the Directorial Staff serves as the Chief Operations Officer of the PNP. He
coordinates, supervises, and directs the Directorial Staff and the PNP units in the
performance of their respective functions.
3. The Internal Affairs Service (IAS) is headed by a Inspector General who assists the Chief
PNP in ensuring operational readiness and investigates infractions of the regulations
committed by the members of the PNP.
4. The Human Rights Affairs Office (HRAO) is headed by a senior police commissioned
officer who serves as a manager of the facility that will supervise the implementation of
the guidelines and policies on human rights laws.
5. The Center for Police Strategy Management (CPSM) serves as the Central facility of the
PNP in coordinating and integrating all strategy management processes, sustaining its
strategy execution and management, and instilling in the organization a culture of
strategy focus.
6. The Directorial Staff is composed of 16 directorates. Every Director in each unit has
also his defined function in line with his specialization as follows:
▪ The Directorate for Personnel and Records Management (DPRM) . The director
optimizes the utilization of personnel resources both from the PNP- uniformed
and non- uniformed personnel.
▪ The Directorate for Intelligence (DI) . The director manages the
gathering/collating of intelligence objectives through effective management of
 all intelligence and counter-intelligence activities of the PNP. He also serves as
the linkage of all foreigners with official transactions with the chief PNP.
▪ The Directorate for Operations (DO) . The director exercises the command, the
control, the direction, the coordination and the supervision of all activities on
PNP operations such as deployment and employment of personnel.
▪ The Directorate for Logistics (DL). The director administers and manages
material resources needed for the PNP operations.
▪ The Directorate for Plans (DPL). The director plans and programs strategic PNP
operations. He also represents the PNP in the inter-agency and international
affairs on peace and order.
▪ The Directorate for Comptrollership (DC) . The director administers and
manages the fiscal financial resources.
▪ The Directorate for Police-Community Relations (DPCR) . The director
formulates and implements community –related activities, programs and
projects. He also supervises the PNP Salaam Police Center to undertake close
monitoring, networking and liaisoning activities with the Muslim communities
in addressing terrorism and lawless violence in their respective areas to
guarantee that the Muslims are not discriminated, oppressed or singled-out.
▪ The Directorate for Investigation and Detective Management (DIDM) . The
director coordinates. Controls and supervises all investigation activities.
▪ The Directorate for Human Resource and Doctrine Development (DHRDD) . The
director formulates policies on matters pertaining to human resources and
doctrine development.
▪ The Directorate for Research and Development (DRD) . The director engages in
research and development and does testing and evaluation of self-reliant
projects.
▪ The Directorate for Information and Communications Technology Management
(DICTM). The director integrates and standardizes all the PNP information
systems and resources to further improve the frontline services.
▪ Five (5) Directorates for Integrated Police Operations (DIPOs) . The Directors of
the clustered areas for Integrated Police Operations, namely: Eastern
Mindanao, Western Mindanao, Visayas, Southern and Northern Luzon are given
the responsibility to direct and to supervise the conduct of integrated anti-
criminality, internal security, counter- terrorism operations, to promote inter-
operability with the Armed Forces of the Philippines, and to provide a system
to promote regional socio-economic development.
7. There are 23 National Support Units of the PNP. Eleven (11) of which are administrative
while twelve (12) are operational in nature. The eleven Administrative Units are as follows:
▪ Logistics Support Service (LSS).
▪ Information Technology Management Service (ITMS).
▪ Finance Service (FS).
▪ Health Service (HS)..
▪ Communications and Electronics Service (CES).
▪ Chaplain Service (CHS).
▪ Legal Service (LS).
▪ Headquarters Support Service (HSS).
▪ Engineering Service( ES).
▪ Training Service (TS). and
▪ PNP Retirement and Benefits Administration Service (PRBS).

The twelve (12) operational support units and their respective functions are as follows:
 Maritime Group (MG). This group is responsible to perform all police functions over
Philippine Territorial waters, lakes, and rivers along coastal areas to include ports and
harbors and small islands for the security and the sustainability development of the
maritime environment.
 Intelligence Group (IG). This group serves as the intelligence and counter-intelligence
operating unit of the PNP.
 Police Security and Protection Group (PSPG) . This group provides security to
government vital installations, government officials, visiting dignitaries and private
individuals authorized to be given protection.
 Criminal Investigation and Detection Group (CIDG) . This group monitors, investigates,
prosecutes all crimes involving economic sabotage, and other crimes of such
magnitude and extent as to indicate their commission by highly placed or professional
criminal syndicates and organizations. It also conducts organized- crime –control, all
major cases involving violations of the revised penal Code, violators of SPECIAL LAWS
assigned to them such as Anti-hijacking, Anti-Carnapping and Cyber crimes among
others and atrocities committed by Communist Party of the Philippines (CPP)/New
People’s Army (NPA)/National Democratic Front (NDF).
 Special Action Force (SAF). This group is a mobile strike force or a reaction unit to
augment regional , provincial, municipal and city police force for civil disturbance
control, internal security operations, hostage-taking rescue operations, search and
rescue in times of natural calamities, disasters and national emergencies and other
special police operations such as ant-hijacking, anti-terrorism, explosives and ordnance
disposal. On a special note, the PNP Air Unit is placed under the supervision of SAF.
 Aviation Security Group (AVEGROUP) . This group provides security to all airports
throughout the country.
 Highway Patrol Group (HPG). This group enforces the traffic laws and regulations,
promote safety along the highways, enhances traffic safety consciousness through
inter- agency cooperation concerning Police Traffic Safety Engineering, Traffic Safety
Education and Traffic Law enforcement functions and develops reforms in the crime
prevention aspect against all forms of lawlessness committed along National Highway
involving the use of motor vehicles.
 Police-Community Relations Group (PCRG) . This group undertakes and orchestrates
Police Community Relations program and activities in partnership with concerned
government agencies, the community, and volunteer organizations in order to prevent
crime and attain a safe and peaceful environment.
 Civil Security Group (CSG). This group regulates business operations and activities of all
organized private detectives, watchmen, security guards/agencies and company guard
forces. It also supervises the licensing and registration of firearms and explosives.
 Crime Laboratory (CL). This group provides scientific and technical, investigative aide
and support to the PNP and other investigative agencies. It also provides crime
laboratory examination, evaluation and identification of physical evidence gathered at
the crime scene with primary emphasis on medical, biological and physical nature.
 PNP Anti-Kidnapping Group (PNP-AKG). This Group serves as the primary unit of the PNP
in addressing kidnapping menace in the country and in handling hostage situations.
And
 PNP Anti-Cybercrime Group (PNP- ACG) . This Group is responsible for the
implementation of pertinent laws on cybercrimes and anti-cybercrime campaigns of the
PNP.

8. For the main PNP operating units, there are seventeen (17) Police Regional Offices
nationwide which correspond to the Regional subdivisions of the country. Directly under
the Police Regional Offices are seventeen (17) Regional Public Safety Battalions (RPSB),
eighty (80) Police Provincial Offices which correspond to the number of Provinces in the
country and twenty (20) City Police Offices (CPOs) in highly urbanized and independent
cities , which are equivalent to a Provincial Police Office.

The Police Provincial Offices have their respective Provincial Public Safety
Companies (PPSC) which is utilized primarily for internal security operations (ISO). The
number of platoons in a Provincial Public Safety Company is dependent on the existing
peace and order situation in the province concerned.
Finally, a total of 1,766 Police Stations are established nationwide and they are
categorized as follows: 90 Component City Police Stations and 1,507 Municipal Police
Stations under the Police Provincial Offices, 131 Police Stations under the City Police
Offices, and 38 Police Stations/City Police Stations in the National Capital Regional Police
Office which serve as the main operating arms of the PNP for the anti-criminality
campaign.
III. THE PNP RANK CLASSIFICATIONS:
The PNP also has a significant feature in line of its rank classifications. It adopts a
different structure for purposes of attaining a more efficient administration, supervision, and
control as compared to the Armed Forces.

These distinct considerations serve as bases for comparison between the ranks of
the PNP and ranks of AFP as presented in the table.
PNP Ranks AFP Ranks
Police Commissioned Officers Commissioned Office
Director General General
Deputy Director General Lieutenant General
Director Major General
Chief Superintendent Brigadier General
Senior Superintendent Colonel
Superintendent Lieutenant Colonel
Chief Inspector Major
Senior Inspector Captain
Inspector 1st and 2nd Lieutenant
Police Non-Commissioned Officers Non-Commissioned Officers
Senior Police Officer IV Master Sergeant
Senior Police Officer III Technical Sergeant
Senior Police Officer II Staff Sergeant
Senior Police Officer I Sergeant
Police Officer III Corporal
Police Officer II Private First Class
Police Officer I Private

IV. THE PNP LINKAGES WITH OTHER LAW ENFORCEMENT ORGANIZATIONS

Domestically, the PNP is linked with the other law enforcement agencies through the
National Law Enforcement Coordinating Committee (NALECC). This body convenes regularly
to foster cooperation and coordination among all law enforcement agencies in the country.
It also supports several law enforcement agencies like the Philippine Center for Transnational
Crimes (PCTC) and the Philippine Drug Enforcement Agency.
It is also linked with the International Enforcement Community thru the INTERPOL, with
the head of the PCTC as the Secretariat, and the Chief PNP as the Chief of the National Central
Bureau and a member of the ASEAN Chiefs of Police or ASEANPOL, and a partner of the United
Nations Center for International Crime Prevention (UNCICP).

V. THE PNP RELATIONSHIP WITH THE AFP

The PNP and AFP complement each other on their pursuit to suppress insurgency, and
other serious threats to national security and in times of national emergency prescribed
pursuant to Section 12 of Republic Act 8551.

Consequently there are also governing relationships between them as follows:

1. The PNP enforces laws and ordinances and performs statutory functions while the AFP
exercises primary responsibility on matters involving suppression of insurgency and
other serious threats to national security.
2. The PNP provides assistance to the AFP in insurgency – affected areas while the AFP is
also responsible for the integrated territorial defense system.
3. The PNP assists the AFP for the dispositive action on arrested, captured or surrendered
insurgent within the prescribed reglementary period.
4. The PNP provides assistance to the AFP in the arrest of suspected insurgents with
standing warrants of arrest, and
5. The PNP and the AFP maintain close intelligence coordination and exchanges and
share each other’s accomplishments of their respective mission and functions.
The information above was provided by the Department of the Interior and Local Government,
and by the Philippine National Police.
Unit 1: Introduction

Topic: Overview of the Criminal Justice System

The Philippine Criminal Justice System

The criminal justice system, essentially, is the system or process in the community by which
crimes are investigated, and the persons suspected thereof are taken into custody,
prosecuted in court, and punished, if found guilty, provisions are made for their correction and
rehabilitation. Prior to the advent of American sovereignty in the country, we had the Spanish
law on criminal procedure. The Royal Decree of September 4, 1884, by virtue of which the
Penal Code in force in the archipelago, as amended in accordance with the recommendations
of the Code Committee, and its accompanying law— the Provisional Law on Criminal
Procedure—were published and applied in the Philippines pursuant to the Royal Decree of
December 17, 1884. It became effective four months after its publication in the Gaceta de
Manila. In addition, the compilation of the Laws of Criminal Procedure of 1879 and the Law of
Criminal Procedure of 1882 also formed part of our law on the subject. During the American
occupation, General Otis issued General Order No. 58 on April 23, 1990, which was amended
at various times. Some of the amendments were: Act No. 194, providing for preliminary
investigations; Act No. 440, relating to counsels de officio; Act No. 590, providing for
preliminary investigations by Justices of the Peace of provincial capitals; Act No. 2677,
prescribing the procedure of appeals of cases originating in the Justice of the Peace Courts to
the Supreme Court; Act No. 2709, regarding the exclusion of an accused to be utilized as a
government witness; and Act No. 2886, changing the name of the party who should prosecute
the criminal activity from that of “The United States” to “The People of the Philippines.”

Overview of the Philippine Criminal Justice System

Our Criminal Justice System is derived from the American Criminal Justice context which
initially comprised of three components, namely:
1. Police/Law Enforcement
2. Court
3. Correction
The police or law enforcer initiates the criminal justice process by conducting criminal
apprehension or arrest. The judicial courts conduct the judicial proceedings for the
determination of the guilt or innocence of the person arrested. And upon conviction, the
convict is remanded to a correctional institution for rehabilitation. The Philippine criminal
justice system is composed of five parts or pillars, namely, law enforcement, prosecution,
judiciary, penology, and the
community. Law Enforcement Investigate the crime which may take the form of surveillance
and observation of suspects, other persons, and premises; interviewing persons with
knowledge of facts directly or indirectly connected with the offense;

Prosecution
The investigation and prosecution of all cases involving violations of penal laws are lodged
with the Department of Justice (DOJ) through its National Prosecution Service (NAPROSS). The
DOJ is headed by the Secretary of Justice with three Undersecretaries assisting him.

Court
If the preliminary investigation results in the finding that a crime has been committed and the
suspect is probably guilty thereof, the public prosecutor will file the corresponding information
in the proper court; thus, activating the judicial process. The case shall then be set for
arraignment which is the first stage of a criminal action. It consists of the reading of the
information or criminal complaint in court to the accused in open court. The accused is then
asked how he pleads. The accused may plead guilty or not guilty to the offense charged. If he
refuses to plead, a plea of not guilty will be entered for him. If the accused pleads guilty, the
court shall sentence him to the corresponding penalty if it is satisfied of the voluntariness of
the plea, and otherwise, of the guilt of the accused. If the accused pleads not guilty, the case
is set for pre-trial and/or trial.

The pre-trial shall consider the following matters:

 (1) Plea bargaining;
(2) Stipulation of facts;
(3) Marking for identification of evidence of the parties;
(4) Waiver of objections to the admissibility of evidence; and
(5) Such other matters as will promote a fair and expeditious trial.

Correction
Punishment is the isolation of the convicts by imprisonment for the periods laid down by the
courts or in extreme cases, their execution by the method prescribed by law—and correction
and rehabilitation are functions undertaken by the institutions set up by law, e.g., the Bureau
of Prisons, Parole and Probation Administration.

Community
After the convicts have passed through the correction component— either unconditionally (as
by full service of the term of imprisonment imposed on them), or by parole or pardon— they
go back to the community and either lead normal lives as law-abiding citizens in their
barangays or, regrettably, commit other crimes and thus, go back through the same
processes and stages of the criminal justice system. The community at large —through the
appropriate legislative agencies, public and private educational institutions, parents and
guardians, churches, religious organizations, civic associations, etc.— develops and exacts
conformity with acceptable moral and ethical values, creates the environment for the
development of civic-spirited citizens, and fosters respect for and observance of the Rule of
Law.

Criminal Justice System – is the machinery, which the Philippine Society uses in the
prevention and control of crime. It is a group of agencies or legislators responsible for the
adjudication of criminal laws.

Criminal Justice System Process – it is the decision-making point from the initial
investigation or arrest by the Police to the offender and his re-entry into society.

Criminal Justice – is a field of study, that deals with the nature of crime in society as well as
analyzing the formal processes, and social agencies, which had been established for crime
control.
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