SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY GRADUATE SCHOOL General Luna Road, Baguio City FINAL REQUIREMENT FOR PHDCFC 2 COMPARATIVE CRIMINAL JUSTICE SYSTEM AND PROCESSES SUBMITTED BY: CHRISTIAN T. PASCUAL OCTOBER 5, 2013 SUBMITTED TO: DR. JEZREEL B. VICENTE Comparative Criminal Justice System Between Philippines and Guatemala PHILIPPINES CHILE 1. Law Enforcement 1. Law Enforcement a. PNP- Philippine National Police a. Carabiniers of Chile b. Functions of PNP b. Functions of the CC (a) The Carabiniers' current mission (a) Enforce all laws and is to maintain or re-establish order ordinances relative to the and security in Chilean society protection of lives and properties; through civic education, service to the community, police work, and (b) Maintain peace and order and in a war situation, to act as a take all necessary steps to ensure military force (all their members public safety; have military training). (c) Investigate and prevent (b) Under the current Chilean crimes, effect the arrest of criminal constitution the Carabiniers are offenders, bring offenders to integrated directly into the Armed justice and assist in their Forces in a state of emergency to prosecution; better guarantee the public order. (c) They also have a special armed (d) Exercise the general powers to police unit called the Special make arrest, search and seizure Police Operations Group (GOPE in accordance with the or Grupo de Operaciones Constitution and pertinent laws; Policiales Especiales). There is also an Elite Corps in charge of (e) Detain an arrested person for security in La Moneda Palace and a period not beyond what is for the President. 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. 2 c. Ranks of CC (highest to lowest) c. Ranks of PNP (highest to lowest) Commissioned officers Commissioned officers 1. Aspirante a oficial (Officer 1. Police Director General (P Aspirant) D/Gen.) 2. Subteniente (Sublieutenant) 2. Police Deputy Director General (P 3. Teniente (Lieutenant) D/DGen.) 4. Capitan (Captain) 3. Police Director (P Dir.) 5. Mayor (Major) 1. Police Chief Superintendent (P 6. Teniente Coronel (Lieutenant C/Supt.) Colonel) 2. Police Senior Superintendent (P 7. Coronel (Colonel) S/Supt.) 8. General (General) 3. Police Superintendent (P Supt.) 9. General Inspector (Inspector 4. Police Chief Inspector (P C/Insp.) General) 5. Police Senior Inspector (P S/Insp.) 10. General Director (Director 6. Police Inspector (P Insp.) General Non-commissioned officers Non-commissioned officers 1. Senior Police Officer IV (SPO4) 1. Carabinero alumno (Student 2. Senior Police Officer III (SPO3) Carabinier) 3. Senior Police Officer II (SPO2) 2. Carabinero (Carabinier) 4. Senior Police Officer I (SPO1) 3. Cabo Segundo (Second 5. Police Officer III (PO3) Corporal) 6. Police Officer II (PO2) 4. Cabo Primero (First Corporal) 7. Police Officer I (PO1) 5. Sargento Segundo (Sergeant) 6. Sargento Primero (First Sergeant) d. Promotion System 7. Suboficial (Sub-officer) a. A member of the PNP shall not 8. Suboficial Mayor (Subofficer be eligible for promotion to a Major) higher position or rank unless he d. Promotion System has successfully passed the a. Chilean and foreign NCOs enter corresponding promotional the service through enrollment at examination given by the the Carabiniers Formation School Commission, or the Bar or and receive further training as corresponding board Corporals at the Carabiniers NCO examinations for technical Academy, both located in the services and other professions, Santiago Metropolitan Region, and and has satisfactorily completed some of them have later training at an appropriate and accredited the various service schools of the course in the PNP or equivalent Carabiniers specializing in frontier training institutions. In addition, no defense, horsemanship and K-9 member of the PNP shall eligible training and handling skills. for promotion unless he has been b. Officers of the Carabiners, native cleared by the People's Law born or foreign officer having Enforcement Board (PLEB) of scholarships, start out as Officer complaints proffered against him, Aspirants at the Carabinier Officers if any. School "Pres. Gen. Carlos Ibanez b. Special promotion may be del Campo" in Santiago, and after extended to any member of the graduating become Sublieutenants PNP for acts of conspicuous either in Chile or in their home courage and gallantry at the risk countries. Later training is provided of his life above and beyond the by the Police Sciences Academy call of duty, or selected as such in 3 a nationwide search conducted by also in Santiago, and in the the PNP or any accredited civic aforementioned specialty schools of organization. the force. e. Retirement system a. Compulsory Retirement. – Compulsory retirement, for officer and non-officer, shall be upon the attainment of age fifty-six (56): Provided, That, in case of any officer with the rank of chief superintendent, director or deputy director general, the Commission may allow his retention in the service for an unextendible period of one (1) year. b. Optional Retirement. – Upon accumulation of at least twenty (20) years of satisfactory active service, an officer or non-officer, at his own request and with the approval of the Commission, shall be retired from the service and entitled to receive benefits provided by law. f. R.A. regarding PNP Republic Act No. 6975- the Department of the Interior and Local Government Act of 1990, it was passed on December 13, 1990 and it ended the existence of the Philippine Constabulary and the Integrated National Police and gave way to the creation of the Philippine National Police. R.A. 6975 was further amended by RA 8551- the Philippine National Police Reform and Reorganization Act of 1998, and by RA 9708. The R.A. 8551 envisioned the PNP to be a community and service oriented Agency. g. Entry Qualifications 1. Must not be less than twenty-one (21) nor more than thirty (30) years of age upon take oath. 2. 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; 3. Must not weigh not more or less five kilograms (5 kgs.) than the standard weight corresponding to his or her height, age, and sex; and 4. Must possess a formal 4 baccalaureate degree from a recognized institution of learning; 5. a. Civil Service Professional (CSP) b. PO1 Entrance Exam (NAPOLCOM & CSC) c. RA 1080 (Board Passer, Med Doctor, Engineering, Teacher etc...) d. RA 6506 (Criminologist) e. PD 907 6. Other requirements 1.Psychological and/or Neuro Psychiatric Test -To exclude applicants who may be suffering from any mental disorder, the applicant shall take a psychological and/or neuro-psychiatric test to be administered by the PNP, or any duly recognized institution and meet all the requirements in paragraph (a) above. 2. Character and Background Investigation – The Screening Committee shall cause an intensive investigation to be conducted on the character and background of the applicant with the end in view of determining his character reputation and possible involvement in any questionable or criminal activities as well as his propensity toward violence or use of force. 3.Physical and Mental Examination – In order to determine whether or not the applicant is in good health, free from any contagious diseases, a physical and medical examination must be conducted by the city/municipal health officer or PNP medical officer after he/she qualified for preliminary interview. 3-a. The ff. are physical, mental and dental test: 1. Height - must be 5'4 or 162cm for male and 5'2 or 157cm for female. 2. Weight- weight must be proportionate to height. 3. Ear Nose Throat Exam (ENT) 4. Urinalysis test - is used as a screening and/or diagnostic tool because it can help detect substances or cellular material in the urine associated with different metabolic and kidney disorders. It is ordered widely and routinely to detect any abnormalities that require follow up. It is used to detect urinary tract infections 5 (UTIs) and other disorders of the urinary tract. In those withacute or chronic conditions, such as kidney disease, the urinalysis may be ordered at intervals as a rapid method to help monitor organ function, status, and response to treatment. 5. Complete Blood Count test (CBC) 6. Fasting Blood Sugar test 7. Chest X-ray 8. ECG Test or Electrocardiogram test - is a test that measures the electrical activity of the heart. 9. Snellen test - 20/20 or 6/6 10. Ishihara test or color perception test 11 . GPE or General Physical Exam - body checkup such as scars, tattoos, varicose veins, hemorrhoids and hernia are grounds for disqualification. 12. Drug test 13. Dental Exam -Full dentures upper and lower are disqualified. 4. Physical Agility Test – The Screening Committee shall require the applicant to undergo a physical agility test designed to determine whether or not he possesses the required coordination, strength and speed of movement necessary for service, as follows: 6 h. Other Law Enforcement Agencies BFP-The Bureau of Fire Protection, hereinafter referred to as the Fire Bureau, is hereby created initially consisting of the existing officers and uniformed members of the fire service of the Integrated National Police as constituted under Presidential Decree No. 765. Functions – The Fire Bureau shall be responsible for the prevention and suppression of all destructive fires on buildings, houses and other structures, forest, land transportation vehicles and equipment, ships or vessels docked at piers or wharves or anchored in major seaports, petroleum industry installations, plane crashes and other similar incidents, as well as the enforcement of the Fire Code and other related laws.