Professional Documents
Culture Documents
PRIMITIVE POLICING
- Primitive Policing Law enforcement can be
traced back to the cave dwellers, who were expected to
follow certain rules or face banishment or death. The
customs depicted in early cave dwelling may represent
the beginning of law and law enforcement. The
prehistoric social order consisted of small family groups
living together as tribes or clans. Group living gave rise to
customs everyone was expected to observe. The tribe’s
chief had executive, legislative and judicial powers and
often appointed tribe members to perform special task to
include guarding the community against depredation of
lawless elements.
- Ordealis the system of trial.
- Retaliatory (blood feuds/personal vengeance) were
the system of punishment enforced.
The Babylonians
The Code of King Hammurabi (2100 B.C.) – during
the time of Babylonian King Hammurabi, he established rules
for his kingdom that designated not only offenses but
punishment as well. The principle of the code was that the
strong shall not injure the weak. Hammurabi originated the
legal principle of LEX Talionis- the eye for an eye, tooth for a
tooth doctrine.
Ancient Egypt
The early Egyptians established laws and court and
a rudimentary rule of law. The first account of a developing
court system originated in Egypt in approximately 1500 B.C.
the court system was presided by judges who were
appointed by the pharaoh. They later organized marine
patrols and customhouses to protect commerce.
Note:
- Ancient rulers had elite unit to protect them.
- created the MEDJAYS, a form of police force
whose duties include guarding of the tombs and
apprehending thieves.
- introduced the use of dogs as guards and
protectors.
- they also invented the lock.
Ancient Greece
The Greeks had an impressive of law enforcement
called theEphori. Each year at Sparta, a body of Ephors
was elected and given almost unlimited powers as
investigator, judge, jury and executioner. These five men
also presided over the senate and assembly, assuring that
their rules and decrees were followed. From the Greek
philosopher PLATO, who lived from 427 to347 B.C., was
the idea that punishment should serve the purpose rather
than simple retaliation.
Ancient Rome
The Romans had a high development
system of administering justice. The 12Tabulae (12
tables) were the first written laws of the Roman
Note:
- created the first organized police force called
VIGILES OF ROME, or VIGILES URBANI
(watchmen of the city), which had the primary task
of firefighting and policing.
- Vigiles acted as night watch, apprehended
thieves, watched out for burglars and hunted down
runaway slaves, and on occasion used to maintain
order in the streets.
- dealt primarily with petty crimes and looked for
disturbances of the peace while they patrolled the
streets.
- created a special unit called PRAETORIAN
GUARDS, a special force of guards used by Roman Emperors as the Emperors' personal guards whose
primary duty was to protect the Emperor from assassination and other forms of attack.
Note:
The term “law enforcer”originated in ROME, during the time of the Roman Empire (from about100
BC to 200 AD).
The city limits are guarded by Roman soldiers
carefully selected by the commander of the city
garrison under the authority of Caesar from the
Roman Legion called the CENTURIONS whose
main task is to maintain internal peace and order, to
arrest all violators of law, and to defend and protect
the city of Rome.
ENGLAND
a) FRANKPLEDGE SYSTEM/MUTUAL
PLEDGE SYSTEM
- required all males aged 12 and above to
join a group of nine to form a tything the
primary task of the things was to protect
their village from thieves and animals
- members of the tything are called a tythingmen
- a CONSTABLE served as a leader of ten tything
- Tythings were later organized into SHIRES –A shire was headed by a leader called SHIRE REEVE,
which is the origin of the word “sheriff”- their duty was to apprehend offenders
b) PARISH CONSTABLES
- a parish official charged with controlling crimes
- appointed to serve for one year
- duties included organizing watchmen to guard the gates.
- During trouble, the watchman would raise a “HUE AND
CRY”, a call to arms where the rest of the parish would
stop what they were doing and come to the aid of the
constable.
4. Trial by Ordeal
- A system of determining guilt and innocence in the ancient times which was based on painful test
of skills. It is usually accompanied by harsh punishment. For instance, suspects were required to place
their hands in boiling oil or water. When not hurt, suspect should be acquitted, when hurt it is indicated the
suspect’s guilt & the suspect should be placed on punishment.
3. Leges Henri
- During the time King Henry I, the following were established:
a) Offenses were considered as a committed against the king and individual;
b) Police men were regarded public officials;
c) Police and citizens have the broad power to arrest; and
d) A grand jury was created to inquire on the facts of the law.
4. The Magna-Carta
- Laws enacted upon the demand of the Knights of the Round Table which the King compelled to
sign.
Examples of which are the following:
a) No freemen shall be taken or imprisoned, disposed or outlawed except by legal
judgment of his peers;
b) No persons should be tried for murder unless there is the body of the victim; and
c) The establishment of the national and local government as well as legislation.
1. BOWSTREET RUNNERS
- a group of men organized to arrest offenders.
- organized by Henry Fielding, a magistrate
in London, in 1749 in London, England.
- the name was adopted from the name of the
street where the office of Henry Fielding was located.
When Henry Fielding retired as magistrate, he was
replaced by his blind brother, John Fielding.
“The police are the public and the public are the police.” –
Robert Peel
, a decade after the introduction of crime prevention programs in America, the University of Louisville
successfully established the National Crime Prevention Institute.
Note:
a) NEW YORK POLICE DEPARTMENT
- created in 1845 in New York, USA-recognized as the first modern style police department in the US
- the largest police force in the world
- modeled after the Metropolitan Police Service of London
b) BOSTON POLICE DEPARTMENT
- the oldest police department in the US
- the first night watch was established in Boston in 1631
Orlando Wilson
Father of modern police administration (father of police management)
Classification of police function
PHILIPPINES
- Policing and police patrol developed from the practice of different tribes.
Pre-Spanish Regime
Spanish Regime
American Regime
Japanese Regime
Police functions originated from human society of family life to the most developed trend of family
group like states and nations. In the Philippines, Negrito tribes, Tagbanuas and other clans have their own
family rules and regulations which are to be followed by every
member composing the clans.
Like the head of any nation, their desire is to have a peaceful
community in order for them to live harmoniously.
That system or method of preserving harmony among the
individuals of the group is the basis of creating our present police
system, not only here in the Philippines but in all civilized nations in
the world.
Date back to the early 15th century; rulers in the Philippines
were called Sultan, Gat, Datu, Rajah or Hari.
They have their own way of protecting lives and properties of
their own people; they were not united, although their police
functions and organization differ in many forms from our present
police system, yet their primary purpose are the same.
A. Pre-Spanish Regime
- During the pre-Spanish era, the datu was the head and
leader of a barangay or community settlers. He imposed discipline
and punishment, as well as the conduct of government. As the number
of settlers increased, the datu had to appoint certain trustworthy people to keep watch. These people
served as “eyes and ears” of the barangay chief, and made reports to him, not only regarding their
protection, but also regarding suspicious outsiders infiltrating within the settlement.
- Headman or tribe leaders mandate all male residents in the village to protect their crop from wild
animals.
B. Spanish Regime
- Police functions during the Spanish Regime consist mainly of
the following:
(a) the suppression of brigandage by patrolling
unspecified areas;
2. Guardrilleros (Cuardillo)
- It was created by virtue of Royal Decree of January 8, 1836.
- It was a body of police organized in each town during the Spanish
Regime. The Royal
Decree which established it provided that five percent (5%) of the able-bodied male inhabitants of each
province was to be enlisted in this organization for three years.
- The duties consisted of maintaining peace and order in the towns, patrolling, guarding the tribunal
and prison cells, and other odd duties in the town. Each members of the organization in each town were
formed into company.
- Administered like a military unit, having officers of different ranks and enlisted men of different
grades.
4. Guardia Civil
- Police organization created by virtue of a royal decree on
February 12, 1852.
- This police institution was created to partially relieve the
colonial army troops of their work in policing the towns. But since those
duties were not wholly police in nature, it did not advance the
development of the local police. On the contrary, being a part of the
army in fact, it strengthened the old doctrine of military control in civil
affairs. It was very military in organization and control in the same way
that the Philippine Constabulary is built and administered.
- As a national police body the Guardia Civil was instrumental in
checking highway robbery to a certain extent.
- It consisted of Filipino Policemen (mestizos, indios, and
Spaniards) organized originally in each provincial capitals of the central
provinces of Luzon.
Philippine Constabulary
- Act No 255– the act that renamed the Insular Constabulary into Philippine Constabulary,
enacted on October 3, 1901.
- The Constabulary was the national police institution for preserving the peace, keeping order, and
enforcing the law as provided under Section 825 of the Revised Administrative
Code of 1917. Its police nature was expressly and clearly stated in Section1 of
Act No. 175, the Organic Act creating the Constabulary.
- Capt. Henry T. Allen, first chief of Police of Philippine Constabulary.
PHILIPPINE REPUBLIC
-In July 4, 1946, the Philippines were granted its independence by the American government.
Although present historians calls this as the second Philippine Republic after they recognized the short-
lived Philippine Republic proclaimed by Gen. Emilio Aguinaldo in Kawit, Cavite on June 12, 1898; yet the
American system of governance remained in the Philippines after the American left. Inherited also the two
types of policing which were national and local in jurisdiction. The PC, although still under the Armed
Forces of the Philippines, and therefore Military in nature was considered as a national police pursuant to
Commonwealth Act No. 343 dated June 23, 1938 and Executive Order No. 389 dated December 13,
1940, while the cities and municipalities had their own police forces whose jurisdiction were limited to their
respective areas.
- The areas of standards in the selection of policemen in the local government coupled with their
absolute power of the mayor to appoint whoever he likes to become his policemen had created more
problems to the local government in terms of law enforcement. Corruptions, brutal used of force in
enforcement of the laws were common among the police forces. The use of the police as goons during
elections was a common practice among the elected officials because most of the appointed policemen
owned their loyalty to appointing authority, the mayor.
- The police reformation and professionalization started after the enactment of Police Actof 1966
(Republic Act No. 4864) on September 8, 1966. The main objective of this act is to improve the efficiency
of the police performance. Under the law, the National Police Commission (NAPOLCOM) was created to
oversee the police function.
- The said law was passed and approved by Congress with end in view of professionalizing police
service which serves as the Code of all local police departments in the country, some of its pertinent
provisions read:
Sec. 2. Purposes. – It is hereby declared to be the policy and purpose of this Act to achieve and attain
high degree of efficiency with the end in view that peace and order may be maintained more effectively
and the laws enforced with more impartiality. It is also the object of this Act to place the local police service
on a professional level.
- One of the most significant provisions of R.A. 4864 is section 7 which specifically define the
duties of peace officers expressly provides, that:
sec. 7. Duties of Peace Officers. – All members of the police agency shall be peace officers. It shall be
their duty to preserve peace and order; prevent the commission of crimes, protect life, liberty and property;
and arrest all violators of laws and ordinances within their jurisdiction. They shall exercise the general
powers to make arrest, searches and seizures in accordance with the law. They shall detain and arrest a
person only within the period prescribed by law.
- By virtue of this provision, the local police agencies were expressly granted the authority in law as
peace officers to lawfully exercise general police powers limited within its respective jurisdiction.
- On September 21, 1972, Proclamation No. 1081 was declared and Martial Law imposed
throughout the country.
- Consequently, military officers from the Philippine Constabulary were designated as Officers-In-
Charge of the respective police department of the different cities and municipalities and took control of the
supervision, administration and operation thereof.
- The unification of the Philippine Constabulary and the Integrated National Police occurred after
the Marcos regime. Republic Act No. 6975 was signed into law on December 13, 1990 by then President
Corazon C Aquino. It provided the unification of the local and national police, comprised by the Philippine
Constabulary and Integrated National Police, into the Philippine National Police to establish only one police
organization that is national in scope and civilian in character. This is in conformity with the
constitutional mandate as provided under Sec. 6, Article 16, of the 1987 Philippine Constitution.
- The law was amended on February 25, 1998 by virtue of Republic Act No. 8551 (The
Philippine National Police Reform and Reorganization Act of 1998). To date, this law governs the
Philippine National Police organization it aimed to provide an effective and efficient police organization and
also the professionalization in the performance of their functions.
PNP Reform and Reorganization Act of 1998 – R.A. 8551, Feb. 25, 1998
Police Education and Promotion Act of 2009 – RA 9708, August 12, 2009
4. Gulick and Urwick (1920-1937) - Pioneers of “The Science of an Administration” (1937). In this
book, they have described the major functions of administration using the acronym POSDCRB.
1. Planning – working out in broad outline the things that need to be done and the methods for
doing them to accomplish the purpose set for the enterprise.
2. Organizing – establishment of the formal structure of authority through which work
subdivisions are arranged, defined, and coordinated for the define objective.
3. Staffing – personnel function of bringing in and out training the staff and maintaining the staff
the favorable conditions of work. Filling the organization with the right people and right position.
4. Directing – task of making decisions and embodying them in specific and general orders and
instructions and serving as the leader of the enterprise
5. Coordinating - the all-important duty of interrelating the various parts of the work.
6. Reporting – is keeping those to whom the executive is responsible informed as to what is
going on, which thus includes keeping himself and his subordinates informed through records
research and inspection.
7. Budgeting – with all that goes of budgeting in the form of fiscal planning, accounting, and
control
Theory X assumes that people have little ambition, dislike work, and must be coerced in order to
perform satisfactorily. Theory Y assumes that people do not inherently dislike work and if properly
rewarded, especially satisfying esteem and self-actualization needs, will perform well on the job.
Theory X Assumptions
The average person inherently dislikes work and will try to avoid it
Most people must be coerced, controlled, directed, and threatened with punishment to get them to work towards
organizational goals
The average person prefers to be directed, wants to avoid responsibility, has relatively little ambition, and seeks security
above all.
Theory Y Assumptions
Work, whether physical or mental, is as natural as play or rest, and most people do not inherently dislike it
External control and threat of punishment are not the only means of bringing about effort toward organizational goals,
people will exercise self-direction and self-control when they are committed
Commitment to goals is a function of the rewards made available
An average person learns, under proper conditions, not only to accept but to seek responsibility
Ability to exercise a high degree of creativity in the solution of problems
CONTEMPORARY APPROACH
This is the movement towards quality management. Theorists have incorporated the influences of
the behavioral science and other earlier school of thoughts.
1. The System Theory - It simply means that all parts of a system are interrelated and
interdependent to form the whole. A system is composed of elements or subsystems that are
related and dependent upon one another. When these subsystems are in interaction with one
another, they form a unitary whole.
2. The Contingency Theory – This approach recognizes that many internal and external
environmental variables affect organizational behavior. In this case, there is no best way for
structuring and managing diverse types of organizations. So the underlying theme of this theory is
Every formal police organization whether small or large are governed by the following principles:
1. Principle of Unity of Objectives - an organization is effective if it enables the individuals to
contribute to the organization’s objectives.
2. Principle of Organizational Efficiency – organization structure is effective if it is structured in
such a way to aid the accomplishment of the organization’s objectives with a minimum cost.
3. Scalar Principle – shows the vertical hierarchy of the organization which defines an unbroken
chain of units from top to bottom describing explicitly the flow of authority. The scalar principles
are:
a. Line of Authority and Chain of Command - This principle of organization suggests that
communications should ordinarily go upward through established channels in the hierarchy.
Diverting orders, directives, or reports around a level of command usually has disastrous
effects on efficiency of the organization.
b. The Span of Control of a supervisor over personnel or units shall not mean more than
what he can effectively direct and coordinate. In span of control, levels of authority shall be
kept to a minimum.
- the maximum number of subordinates at a given position that superior can
supervise effectively.
c. The Delegation of authority shall carry with it a commensurate authority and the person
to whom the authority is delegated shall be held accountable therefore. It implies that
delegation must carry with it appropriate responsibility.
d. The Unity of Command -explains that subordinates should only be under the control of
one superior.
4. Functional Principle – refers to division of work according to type, place, time and specialization.
5. Line and Staff – implies that a system of varied functions arrange into a workable pattern. The line
organization is responsible for the direct accomplishment of the objectives while the staff is
responsible for support, advisory or facilitative capacity.
6. Principle of Balance – states that the application of principles must be balanced to ensure the
effectiveness of the structure in meeting organization’s objectives.
7. Principle of Delegation by Results – states that authority delegated should be adequate to
ensure the ability to accomplish expected results.
8. Principles of Absoluteness of Responsibility – explains that the responsibility of the
subordinates to their superior for performance is absolute and the superior cannot escape
responsibility for the organization on activities performed by their subordinates.
9. Principle of Parity and Responsibility – explains that responsibility for action cannot be greater
than that implied by the authority delegated nor should it be less.
10. Authority Level Principle – implies that decisions within the authority of the individual commander
should be made by them and not be returned upward in the organizational structure.
11. Principle of Flexibility – means that the more flexible the organization, the more it can fulfill its
purpose.
Eight Congress
REPUBLIC ACT NO. 6975 December 13, 1990
AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A REORGANIZED
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES
CHAPTER I
THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
SECTION 4. The Department of the Interior and Local Government. — To carry out the policies and
purposes of this Act, the Department of Local Government is hereby reorganized into the Department of
the Interior and Local Government, hereinafter referred to as the Department, in accordance with the
provisions of this Act.
SECTION 5. Powers and Functions of the Department. — In furtherance of the objectives of this Act,
the Department shall continue to exercise the powers and functions of the Department of Local
Government in addition to the powers and functions as herein provided.
SECTION 6. Organization. — The Department shall consist of the Department Proper, the existing
bureaus and offices of the Department of Local Government, the National Police Commission, the
Philippine Public Safety College, and the following bureaus: the Philippine National Police, the Bureau of
Fire Protection, and the Bureau of Jail Management and Penology.
SECTION 7. Department Proper. — The Department Proper shall consist of the existing staff services as
provided for under Executive Order No. 262 and the following offices:
(a) Office of the Secretary. — The office of the Secretary shall consist of the Secretary and his
immediate staff; and
SECTION 9. General Powers, Term of Office and Compensation of the Secretary. — The authority
and responsibility for the exercise of the Department’s powers and functions shall be vested in the
Secretary, who shall hold office at the pleasure of the President and shall receive the compensation,
allowances and other emoluments to which heads of departments are entitled.
SECTION 11. Regional Offices. — The Department shall establish, operate and maintain a regional office
in each of the administrative regions of the country to implement the policies and programs of the
Department. Each regional office shall be headed by a regional director to be assisted by two (2) assistant
regional directors: one (1) for jail management and penology and another for fire protection in addition to
the present assistant regional directors of the Department of Local Government.
SECTION 12. Relationship of the Department with the Department of National Defense. — During a
period of twenty-four (24) months from the effectivity of this Act, the Armed Forces of the Philippines (AFP)
shall continue its present role of preserving the internal and external security of the State: Provided, That
said period may be extended by the President, if he finds it justifiable, for another period not exceeding
twenty-four (24) months, after which, the Department shall automatically take over from the AFP the
primary role of preserving internal security, leaving to the AFP its primary role of preserving external
security. However, even after the Department has assumed primary responsibility on matters affecting
internal security, including the suppression of insurgency, and there are serious threats to national security
and public order, such as where insurgents have gained considerable foothold in the community thereby
necessitating the employment of bigger tactical forces and the utilization of higher caliber armaments and
better armored vehicles, the President may, upon recommendation of the peace and order council, call
upon the Armed Forces of the Philippines to assume the primary role and the Philippine National Police
(PNP) to play the supportive role in the area concerned.
In times of national emergency, all elements of the PNP, the Bureau of Fire Protection, and the
Bureau of Jail Management and Penology shall, upon direction of the President, assist the Armed Forces
of the Philippines in meeting the national emergency.
The complementary relationship between the Department of the Interior and Local Government
and the Department of National Defense in any of the preceding eventualities shall be jointly prescribed by
their respective Secretaries in a memorandum of agreement that shall thereafter be published and
implemented.
CHAPTER II
THE NATIONAL POLICE COMMISSION
SECTION 13. Creation and Composition. — A National Police Commission, hereinafter referred to as
the Commission, is hereby created for the purpose of effectively discharging the functions prescribed in the
Constitution and provided in this Act. The Commission shall be a collegial body within the Department. It
shall be composed of a Chairman and four (4) regular commissioners, one (1) of whom shall be
designated as Vice-Chairman by the President. The Secretary of the Department shall be the ex-officio
Chairman of the Commission, while the Vice-Chairman shall act as the executive officer of the
Commission.
SECTION 14. Powers and Functions of the Commission. — The Commission shall exercise the
following powers and functions:
(a) Exercise administrative control over the Philippine National Police;
(b) Advise the President on all matters involving police functions and administration;
(c) Foster and develop policies and promulgate rules and regulations, standards and procedures to
improve police services based on sound professional concepts and principles;
SECTION 15. Qualifications. — No person shall be appointed regular member of the Commission unless:
SECTION 16. Term of Office. — The four (4) regular and full-time Commissioners shall be appointed by
the President upon the recommendation of the Secretary. Of the first four (4) commissioners to be
appointed, two (2) commissioners shall serve for six (6) years and the two (2) other commissioners for four
(4) years. All subsequent appointments shall be for a period of six (6) years each, without reappointment or
extension.
SECTION 17. Temporary or Permanent Incapacity of the Chairman. — In case of absence due to
temporary or permanent incapacity of the Chairman, the President shall designate an Acting Chairman. In
case of death or permanent incapacity or disqualification of the Chairman, the Acting Chairman shall also
act as such until a new Chairman shall have been appointed and qualified.
SECTION 18. Removal from Office. — The members of the Commission may be removed from office for
cause. All vacancies in the Commission, except through expiration of term, shall be filled up for the
unexpired term only: Provided that any person who shall be appointed in this case shall be eligible for
regular appointment for another full term.
SECTION 19. Prohibitions. — The Chairman and members of the Commission shall not engage in the
practice of any profession, or intervene, directly or indirectly, in the management and control of any private
enterprise. They shall not, directly or indirectly, have any financial or material interest in any transaction
requiring the approval of their office.
SECTION 20. Organizational Structure. — The Commission shall consist of the following units:
(a) Commission Proper. — This is composed of the offices of the Chairman and the four (4)
commissioners.
(b) Staff Services. — The staff services of the Commission shall be as follows:
(1) The Planning and Research Service, which shall provide technical services to the
Commission in areas of overall policy formulation, strategic and operational planning, management
systems or procedures, evaluation and monitoring of the Commission’s programs, projects and
internal operations; and shall conduct thorough research and analysis on social and economic
conditions affecting peace and order in the country;
(2) The Legal Affairs Service, which shall provide the Commission with efficient and
effective service as legal counsel of the Commission; draft or study contracts affecting the
Commission and submit appropriate recommendations pertaining thereto; and render legal
opinions arising from the administration and operation of the Philippine National Police and the
Commission;
(3) The Crime Prevention and Coordination Service, which shall undertake criminological
researches and studies; formulate a national crime prevention plan; develop a crime prevention
and information program and provide editorial direction for all criminology research and crime
prevention publications;
(4) The Administrative Service, which shall provide the Commission with assistance on
budgetary and financial matters; provide the necessary services relating to records,
correspondence, supplies, property and equipment, security and general services, and the
maintenance and utilization of facilities; and provide services relating to manpower, career planning
and development, personnel transactions and employee welfare;
(5) The Inspection and Monitoring Service, which shall conduct continuous inspection and
management audit of personnel, facilities and operations at all levels of command of the PNP and
shall monitor the implementation of the Commission’s programs and projects relative to law
enforcement; and
SECTION 21. Regional Offices. — The Commission shall establish, operate and maintain regional offices
headed by regional directors who shall implement the policies and programs of the Commission in their
respective regions. For administrative purposes, the regional offices of the Commission shall be attached
to the general offices of the Department.
Subject to the standards that shall be prescribed by the Commission, the regional offices shall
likewise perform the functions of adjudication of benefit claims.
SECTION 22. Qualifications of Regional Directors. — No person shall be appointed regional director
unless:
(a) He is at least thirty (30) years of age;
(b) A holder of a baccalaureate degree and appropriate civil service eligibility; and
(c) Has at least five (5) years experience in the field of law enforcement, criminology or police
administration.
CHAPTER III
A. THE PHILIPPINE NATIONAL POLICE ORGANIZATION
SECTION 23. Composition. — Subject to the limitations provided for in this Act, the Philippine National
Police, hereinafter referred to as the PNP, is hereby established, initially consisting of the members of the
police forces who were integrated into the Integrated National Police (INP) pursuant to Presidential Decree
No. 765, and the officers and enlisted personnel of the Philippine Constabulary (PC). For purposes of this
Act, the officers and enlisted personnel of the PC shall include those assigned with the Narcotics
Command (NARCOM) or the Criminal Investigation Service (CIS); and those of the technical services of
the AFP assigned with the PC and the civilian operatives of the CIS. The regular operatives of the
abolished NAPOLCOM Inspection, Investigation and Intelligence Branch may also be absorbed by the
PNP. In addition, a PC officer or enlisted personnel may transfer to any of the branches or services of the
Armed Forces of the Philippines in accordance with the provisions of Section 85 of this Act.
In order to be qualified for transfer to the PNP units in Metropolitan Manila and in highly urbanized
cities, an individual must have completed not less than second year collegiate work or its equivalent in
training of seventy-two (72) collegiate units.
Anyone who has any pending administrative or criminal case or has been adjudged liable or
convicted of any crime pending appeal shall be allowed to join the PNP provisionally without prejudice to
final judgment by a body of competent jurisdiction.
The permanent civilian employees of the present PC, INP, Narcotics Command, CIS, and the
technical services of the AFP assigned with the PC, including NAPOLCOM hearing officers holding regular
items as such, shall be absorbed by the Department as employees thereof, subject to existing laws and
regulations.
SECTION 24. Powers and Functions. — The PNP shall have the following powers and functions:
(a) Enforce all laws and ordinances relative to the protection of lives and properties;
(b) Maintain peace and order and take all necessary steps to ensure public safety;
SECTION 25. Organization. — The PNP shall be headed by a Chief who shall be assisted by two (2)
deputy chief, one (1) for operations and one (1) for administration, both of whom shall be appointed by the
President upon recommendation of the Commission from among the most senior and qualified officers in
the service: Provided, however, That in no case shall any officer who has retired or is retirable within six (6)
months from his compulsory retirement age be appointed as Chief of the PNP. The PNP shall be
composed of a national office, regional offices, provincial offices, district offices, city or municipal stations.
At the national level, the PNP shall maintain its office in Metropolitan Manila which shall house the
directorial staff, service staff and special support units.
At the regional level, the PNP shall have regional offices, including that of the National Capital Region,
which may be divided into two (2) separate regions without prejudice to the pertinent provisions of the
Organic Act for the Autonomous Regions of the Cordilleras and Muslim Mindanao relative to the creation of
a regional police force in the area of autonomy. Each of these regional offices shall be headed by a
regional director for peace and order.
At the provincial level, there shall be a PNP office, each headed by a provincial director. In the
case of large provinces, police districts may be established by the Commission to be headed by a district
director.
At the city or municipal level, there shall be a PNP station, each headed by a chief of police.
The Chief of the PNP shall, within sixty (60) days from the effectivity of this Act and in accordance
with the broad guidelines set forth herein, recommend the organizational structure and staffing pattern of
the PNP to the Commission.
SECTION 26. Powers, Functions and term of Office of the PNP Chief. — The command and direction
of the PNP shall be vested in the Chief of the PNP who shall have the power to direct and control tactical
as well as strategic movements, deployment, placement, utilization of the PNP or any of its units and
personnel, including its equipment, facilities and other resources. Such command and direction of the
Chief of the PNP may be delegated to subordinate officials with the respect to the units under their
respective commands, in accordance with the rules and regulations prescribed by the Commission. The
Chief of the PNP shall also have the power to issue detailed implementing policies and instructions
regarding personnel, funds, properties, records, correspondence and such other matters as may be
necessary to effectivity carry out the functions, powers and duties of the Bureau. The Chief of the PNP
shall be appointed by the President from among the senior officers down to the rank of chief
superintendent, subject to confirmation by the Commission on Appointments: Provided, That the Chief of
the PNP shall serve a term of office not to exceed four (4) years: Provided, further, That in times of war or
other national emergency declared by Congress, the President may extend such term of office.
SECTION 28. Rank Classification. — For purposes of efficient administration, supervision and control,
the rank classification of the members of the PNP shall be as follows:
Director General
Deputy Director General
Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Police Officer IV
Senior Police Officer III
Senior Police Officer II
Senior Police Officer I
Police Officer III
Police Officer II
Police Officer I
SECTION 29. Key Positions. — The head of the PNP with the rank director general shall have the
position title of Chief of the PNP. The second in command of the PNP with the rank of deputydirector
general shall be the Deputy Chief of the PNP for Administration. The third in command with the rank
also of deputy director general shall be the Deputy Chief of the PNP for Operations.
At the national office, the head of the directorial staff with the rank of deputy directorgeneral
shall be known as Chief of the Directorial Staff of the PNP.
The heads of the various staff divisions in the directorial staff shall have the rank of director with
the position title of Director of the Directorial Staff of their respective functional divisions. The head of the
Inspectorate Division with the rank of chief superintendent shall assume the position title of Inspector
General. The heads of the administrative and operational support divisions shall have the rank of chief
superintendent.
The head of the NCR with the rank of director shall assume the position title of NCR Director.
The heads of the regional offices with the rank of chief superintendent shall assume the position
title of Regional Director.
The heads of the NCR district offices with the rank of chief superintendent shall have the position
title of District Director.
The heads of provincial offices with the rank of senior superintendent shall be known as
Provincial Director.
The heads of the district offices with the rank of superintendent shall have the position title of
District Director.
The heads of the municipality or city offices with the rank of chief inspector shall be known as
Chief of Police.
SECTION 30. General Qualifications for Appointment. — No person shall be appointed as officer or
member of the PNP unless he possesses the following minimum qualifications:
(a) A citizen of the Philippines;
(b) A person of good moral conduct;
SECTION 35. Support Units. — The PNP shall be supported by administrative and operational support
units. The administrative support units shall consist of the Crime Laboratory, Logistic Unit,
Communications Unit, Computer Center, Finance Center and Civil Security Unit. The operational support
units shall be composed of the Maritime Police Unit, Police Intelligence Unit, Police Security Unit, Criminal
Investigation Unit, Special Action Force, Narcotics units, Aviation Security Unit, Traffic Management Unit,
the Medical and Dental Centers and the Civil Relations Unit. To enhance police operational efficiency and
effectiveness, the Chief of the PNP may constitute such other support units as may be necessary subject
to the approval of the Commission: Providedthat no support unit headed by a chief superintendent or a
higher rank can be created unless provided by law.
SECTION 36. Status of Members of the Philippine National Police. — The members of the PNP shall
be considered employees of the National Government and shall draw their salaries therefrom: Provided,
That PNP members assigned in Metropolitan Manila, chartered cities and first class municipalities may be
paid in additional monthly allowance by the local government unit concerned.
CHAPTER VI
THE PHILIPPINE PUBLIC SAFETY COLLEGE
SECTION 66. Creation of the Philippine Public Safety College. — There is hereby created the
Philippine Public Safety College (PPSC), which shall be the premier educational institution for the training,
human resource development and continuing education of all personnel of the PNP, Fire and Jail Bureaus.
Said College shall be under the direct supervision of a Board of Trustees composed of the
Secretary and the three (3) bureau heads.
SECTION 68. Organization. — The structure and staffing pattern of the College shall be prescribed by the
Secretary.
CHAPTER VIII
TRANSITORY PROVISIONS
SECTION 83. Secretary of the Department of Local Government on Holdover Capacity. — The
incumbent Secretary of the Department of Local Government shall perform the functions of the Secretary
of the Interior and Local Government on holdover capacity until such time when a new Secretary shall
have been appointed by the President and confirmed by the Commission on Appointments.
SECTION 84. Special Oversight Committee. — A special Over-sight Committee is hereby created,
composed of the Secretary as Chairman, the Secretary of Budget and Management as Co-chairman, the
Secretary of National defense, the incumbent PC-INP Director General, the incumbent Chairman of the
Civil Service Commission, the respective Chairmen of the Committee on Local Government and the
Committee on National Defense and Security in the Senate, and the respective Chairmen of the
Committee on Public Order and Security and the Committee on National Defense in the House of
Representatives, as members, which shall plan and oversee the expeditious implementation of the
transfer, merger and/or absorption into the Department of the personnel, property, appropriations and
installations of involved agencies.
SECTION 85. Phases of Implementation. — The implementation of this Act shall be undertaken in three
(3) phases, to wit:
Phase I — Exercise of option by the uniformed members of the Philippine Constabulary, the PC
elements assigned with the Narcotics Command, CIS, and the personnel of the technical services of the
AFP assigned with the PC to include the regular CIS investigating agents and the operatives and agents of
the NAPOLCOM Inspection, Investigation and Intelligence Branch, and the personnel of the absorbed
National Action Committee on Anti-Hijacking (NACAH) of the Department of National Defense to be
completed within six (6) months from the date of the effectivity of this Act. At the end of this phase, all
personnel from the INP, PC; AFP Technical Services, NACAH and NAPOLCOM Inspection, Investigation
and Intelligence Branch shall have been covered by official orders assigning them to the PNP, Fire and Jail
Forces by their respective units.
Phase II — Approval of the table of organization and equipment of all bureaus and offices created under
this Act, preparation and filling up of their stalling pattern, transfer of assets to the Department and
organization of the Commission, to be completed within twelve (12) months from the effectivity date hereof.
At the end of this phase, all personnel to be absorbed by the Department shall have been issued
appointment papers, and the organized Commission and the PNP shall be fully operational.
SECTION 86. Assumption by the PNP of Police Functions. — The PNP shall absorb the functions of
the PC, the INP and the Narcotics Command upon the effectivity of this Act.
All functions of the PAFSECOM and the police functions of the Coast Guard shall be taken over by
the PNP when it acquires the capability to perform such functions after the transition period of eighteen
(18) months. The personnel of the PAFSECOM or the Coast Guard shall, within the transition period, have
the option to join the PNP or remain with the PAFSECOM or the Coast Guard, as the case may be.
SECTION 87. Absorption by the Department of the National Action Committee on Anti-Hijacking. —
The Department shall absorb the National Action Committee on Anti-Hijacking under the Department of
National Defense, and the transfer of assets, personnel and accountabilities of this office to the
Department shall proceed in accordance with the provisions of this chapter.
SECTION 88. Transfer, Merger, and Absorption of Offices and Personnel. — All properties,
equipment, finances of the transferred and absorbed agencies, including their respective accountabilities,
are hereby transferred to the Department.
The transfer, merger and/or absorption of any government office/unit concerned shall include the
functions, appropriations, funds, records, equipment, facilities, choses in action, rights, other assets, and
liabilities, if any, of the transferred Office/unit as well as the personnel thereof, who shall; unless removed
for cause and after due process; in a holdover capacity, continue to perform their respective duties and
responsibilities and receive their corresponding salaries and benefits. Those personnel of the transferred,
merged, and/or absorbed office/unit whose positions are not included in the new position structure and
staffing pattern approved by the Department or who are not reappointed shall be given preference to join
the Department or any of the offices thereunder or shall be allowed to retire under existing laws, rules and
regulations. Otherwise, they shall be deemed separated and paid gratuity equivalent to one and one-fourth
(11/4) months basic salary for every year of service or a fraction thereof.
The personnel of the existing Department of Local Government shall, unless removed for cause
and after due process, continue to perform their duties and responsibilities and shall receive their
corresponding salaries and benefits.
The heads of the various bureaus and offices created under this Act shall, within six (6) months from the
effectivity of this Act, recommended the organizational structure and staffing pattern of their bureaus, and
offices for approval by the Secretary.
SECTION 90. Status of Present NAPOLCOM, PC-INP. — Upon the effectivity of this Act, the present
National Police Commission, and the Philippine Constabulary-Integrated National Police shall cease to
exist. The Philippine Constabulary, which is the nucleus of the integrated Philippine Constabulary-
Integrated National Police, shall cease to be a major service of the Armed Forces of the Philippines. The
Integrated National Police, which is the civilian component of the Philippine Constabulary-Integrated
National Police, shall cease to be the national police force and in lieu thereof, a new police force shall be
established and constituted pursuant to this Act.
Section 2. Declaration of Policy and Principles. – It is hereby declared the policy of the State to
establish a highly efficient and competent police force which is national in scope and civilian in character
administered and controlled by a national police commission.
The Philippine National Police (PNP) shall be a community and service oriented agency
responsible for the maintenance of peace and order and public safety.
The PNP shall be so organized to ensure accountability and uprightness in police exercise of discretion as
well as to achieve efficiency and effectiveness of its members and units in the performance of their
functions.
TITLE II
THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS
Section 3. Section 12 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 12. Relationship of the Department with the Department of National Defense. – The
Department of the Interior and Local Government shall be relieved of the primary responsibility on matters
TITLE III
THE NATIONAL POLICE COMMISSION
Section 4. Section 13 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 13. Creation and Composition. – A National Police Commission, hereinafter referred to as
the Commission, is hereby created for the purpose of effectively discharging the functions prescribed in the
Constitution and provided in this Act. The Commission shall be an agency attached to the Department for
policy and program coordination. It shall be composed of a Chairperson, four (4) regular Commissioners,
and the Chief of PNP as ex-officio member. Three (3) of the regular commissioners shall come from the
civilian sector who are neither active nor former members of the police or military, one (1) of whom shall be
designated as vice chairperson by the President. The fourth regular commissioner shall come from the law
enforcement sector either active or retired: Provided, That an active member of a law enforcement agency
shall be considered resigned from said agency once appointed to the Commission: Provided, further, That
at least one (1) of the Commissioners shall be a woman. The Secretary of the Department shall be the ex-
officio Chairperson of the Commission, while the Vice Chairperson shall act as the executive officer of the
Commission.”
Section 5. Section 14 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 14. Powers and Functions of the Commission. – The Commission shall exercise the following
powers and functions:
(a) Exercise administrative control and operational supervision over the Philippine National Police which
shall mean the power to:
1) Develop policies and promulgate a police manual prescribing rules and regulations for efficient
organization, administration, and operation, including criteria for manpower allocation, distribution
and deployment, recruitment, selection, promotion, and retirement of personnel and the conduct of
qualifying entrance and promotional examinations for uniformed members;
2) Examine and audit, and thereafter establish the standards for such purposes on a continuing
basis, the performance, activities, and facilities of all police agencies throughout the country;
3) Establish a system of uniform crime reporting;
4) Conduct an annual self-report survey and compile statistical data for the accurate assessment of
the crime situation and the proper evaluation of the efficiency and effectiveness of all police units in
the country;
5) Approve or modify plans and programs on education and training, logistical requirements,
communications, records, information systems, crime laboratory, crime prevention and crime
reporting;
6) Affirm, reverse or modify, through the National Appellate Board, personnel disciplinary actions
involving demotion or dismissal from the service imposed upon members of the Philippine National
Police by the Chief of the Philippine National Police;
7) Exercise appellate jurisdiction through the regional appellate boards over administrative cases
against policemen and over decisions on claims for police benefits;
8) Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the
Philippine Heraldry Commission, for insignia of ranks, awards, and medals of honor. Within ninety
(90) days from the effectivity of this Act, the standards of the uniformed personnel of the PNP must
be revised which should be clearly distinct from the military and reflective of the civilian character of
the police;
Section 6. Section 15 of Republic Act No. 6975 is hereby amended to read as follows:
“SEC. 15. Qualifications. – No person shall be appointed regular member of the Commission
unless:
(a) He or she is a citizen of the Philippines;
(b) A member of the Philippine Bar with at least five (5) years experience in handling criminal or
human rights cases or a holder of a master's degree but preferably a doctorate degree in public
administration, sociology, criminology, criminal justice, law enforcement, and other related
disciplines; and
(c) The regular member coming from the law enforcement sector should have practical experience
in law enforcement work for at least five (5) years while the three (3) other regular commissioners
must have done extensive research work or projects on law enforcement, criminology or criminal
justice or members of a duly registered non-government organization involved in the promotion of
peace and order.”
Section 7. Section 16 of Republic Act No. 6975 is hereby amended to read as follows:
SEC. 16. Term of Office. – The four (4) regular and full-time Commissioners shall be appointed by
the President for a term of six (6) years without re-appointment or extension.
Section 8. Expiration of the Terms of Office of Current Commissioners. – Upon the effectivity of this Act the
terms of office of the current Commissioners are deemed expired which shall constitute a bar to their
reappointment or an extension of their terms in the Commission except for current Commissioners who
have served less than two (2) years of their terms of office who may be appointed by the President for a
maximum term of two (2) years.
Section 9. Section 17 of Republic Act No. 6975 is hereby amended to read as follows:
“SEC. 17. Temporary or Permanent Incapacity of the Chairperson. – In case of absence due to
the temporary incapacity of the chairperson, the Vice chair shall serve as Chairperson until the
Chairperson is present or regains capacity to serve. In case of death or permanent incapacity or
disqualification of the chairperson, the acting chairperson shall also act as such until a new chairperson
shall have been appointed by the President and qualified.”
Section 10. Section 20 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 20. Organizational Structure. – The Commission shall consist of the following units:
Section 11. Section 22 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 22. Qualifications of Regional Directors. – No person shall be appointed regional director unless:
(a) He or she is a citizen of the Philippines; and
(b) A holder of a master's degree and appropriate civil service eligibility."
Section 12. Qualifications Upgrading Program. – The Commission shall design and establish a
qualifications upgrading program for the members of the Commission in coordination with the Civil Service
Commission, the Department of Education, Culture and Sports and the Commission on Higher Education
through a distance education program and/or an in-service education program or similar programs within
ninety (90) days from the effectivity of this Act: Provided, That those who are already in the service from
the effectivity of this Act shall have five (5) years to obtain the required degree or qualification counted from
the implementation of the qualifications upgrading program.
TITLE IV
THE PHILIPPINE NATIONAL POLICE
Section 13. Authority of the Commission to Reorganize the PNP. – Notwithstanding the provisions of
Republic Act No. 6975 on the organizational structure and rank classification of the PNP, the Commission
shall conduct a management audit, and prepare and submit to Congress a proposed reorganization plan of
the PNP not later than December 31, 1998, subject to the limitations provided under this Act and based on
the following criteria: a) increased police visibility through dispersal of personnel from the headquarters to
the field offices and by the appointment and assignment of non-uniformed personnel to positions which are
purely administrative, technical, clerical or menial in nature and other positions which are not actually and
directly related to police operation; and b) efficient and optimized delivery of police services to the
communities.
The PNP reorganization program shall be approved by Congress through a joint resolution.
TITLE VII
CREATION OF WOMEN'S DESKS IN ALL POLICE STATIONS AND THE FORMULATION OF A
GENDER SENSITIVITY PROGRAM
Section 57. Creation and Functions. – The PNP shall establish women's desks in all police stations
throughout the country to administer and attend to cases involving crimes against chastity, sexual
harassment, abuses committed against women and children and other similar offenses: Provided, That
municipalities and cities presently without policewomen will have two (2) years upon the effectivity of this
Act within which to comply with the requirement of this provision.
Section 58. Prioritization of Women for Recruitment. – Within the next five (5) years, the PNP shall
prioritize the recruitment and training of women who shall serve in the women's desk. Pursuant to this
requirement, the PNP shall reserve ten percent (10%) of its annual recruitment, training, and education
quota for women
Section 59. Gender Sensitivity Program. – The Commission shall formulate a gender sensitivity program
within ninety (90) days from the effectivity of this Act to include but not limited to the establishment of equal
opportunities for women in the PNP, the prevention of sexual harassment in the workplace, and the
prohibition of discrimination on the basis of gender or sexual orientation.
Section 60. Administrative Liability. – Any personnel who shall violate the established rules and
regulations regarding gender sensitivity and gender equality shall be suspended without pay for not less
than thirty (30) days and shall undergo gender sensitivity seminar or training: Provided, That any personnel
who violates the rules more than twice shall be recommended for demotion or dismissal from the PNP.
Section 61. Non-prohibition for Promotion. – Nothing in this title shall be construed as a restriction on
the assignment of policewomen to other positions in the PNP nor shall any provisions of this title be used
for the non-promotion of PNP female personnel to higher position.
Organizational Structure
- the systematic arrangement of the relationship of the members positions, departments and
functions or work of the organization.
- it is comprised of functions, relationships, responsibilities and authorities of individuals within the
organization.
- mechanical means of depicting by an arrangement of symbols, the relationship which exist
between individuals, groups and functions within the organization.
Statutory Functions
1. Enforcement of laws and ordinances relative to the protection of lives and properties;
2. Maintain peace and order and take all necessary steps to ensure public safety;
3. Exercise the general powers to make arrest, search and seizures in accordance with the
constitution and pertinent laws;
4. Investigate and prevent crimes, effect the arrest of criminals, bring offenders justice and assist in
their prosecution;
5. To assist other national government agencies, instrumentalities, and subsiding in the enforcement
of laws pertinent thereto, upon proper request or deputization; and
B. NON-COMMISSIONED OFFICERS:
Senior Police Officer IV (SPO IV) Master Sergeant
Senior Police Officer III (SPO III) Tech. Sergeant
Senior Police Officer II (SPO II) Staff Sergeant
Senior Police Officer I (SPO I) Sergeant
Police Officer III (PO III) Corporal
Police Officer II (PO II) Private 1st Class
Police Officer I (PO I) Private
C. Cadets of the Philippine National Police Academy (PNPA) are classified above the Senior Police
Officer IV and below the Inspector rank in the PNP.
Formal Organization
The formal organization is put together by design and rational plan. The essential elements of a
formal organization are:
Generalist
- officers who perform most functions relative to law enforcement.
Specialist
- those who work in a specific area.
Key Terms:
1. Administration
- an organizational process concerned with the implementation of objectives and plans and internal
operating efficiency.
2. Police Administration
- focuses on the policing process or how police agencies are organized and managed in order to
achieve the goals of law enforcement most effectively, efficiently and productively.
- it the technique of organizing and handling of people at work in all levels and types of
management.
4. Enforcement
- means to compel obedience to a law, regulation or command.
2. Modern Concept
- regards police as the first line of defense of the criminal justice system, an organ of crime
prevention.
- police efficiency is measured by the decreasing number of crimes.
- broadens police activities to cater to social services and has for its mission the welfare of
the individual as well as that of the community in general.
6. Supervision
- the process of directing and facilitating the work of people organized in a formal groups in order to
achieve to objectives.
7. Management
- the process of directing and facilitating the work of people organized in formal groups in order to
achieve objectives. Judicious or wise use of resources (manpower, material, money, equipment, supplies
and time).
8. Organization
- It is a form of human association for the attainment of a goal or objective. It is the process of
identifying and grouping the work to be performed, defining and delegating responsibility and authority
establishing relationships for the purpose of enabling people work effectively.
- a group of persons working together for a common goal or objectives.
- coordination of components; relationship of components.
9. Police Organization
- a group of trained personnel in the field of public safety administration engaged in the
achievement of goals and objectives that promotes the maintenance of peace and order, protection of life
and property, enforcement of the laws and the prevention of crimes.
POLICE
- It is originated from the Greek word POLITEIA, whichmeans “a government of a city”. The
Romans borrowedthe word and changed it into POLITIA, adopting the samemeaning.
- It was subsequently borrowed by the French and changedit into POLICE, which means a person
who enforces thelaw.
- Police in its broadest sense means the internalorganization or regulation of a State, the control
andregulation of a community through the exercise of theConstitutional power of the government.
- In its broader sense, it denotes the power of thegovernment which concerns with the
maintenance oftranquility, public order, peace, security of persons andproperty, and the protection of
health and morale.
- In its restricted sense, it refers exclusively to that body ofarmed men, which as an institution, is
capable ofexercising its duties by armed physical forces in thepreservation of peace and order, detection
of crime andthe execution of laws.
- The agency of the community or government that is responsible for enforcing the law, maintaining
public order, and preventing and detecting crime.
- It is known as the prime mover of the Criminal Justice System and it initiates the Criminal Justice
System by the arrest of the offenders.
Section 30. General Qualifications for Appointment. — No person shall be appointed as officer or
member of the PNP unless he possesses the following minimum qualifications:
Section 31. Appointment of PNP Officers and Members. — The appointment of the officers and
members of the PNP shall be effected in the following manner:
(a) Police Officer I to Senior Police Officer IV. — Appointed by the PNP regional director for regional
personnel or by the Chief of the PNP for the national headquarters personnel and attested by the Civil
Service Commission.
(b) Inspector to Superintendent. — Appointed by the Chief of the PNP, as recommended by their
immediate superiors, attested by the Civil Service Commission;
(c) Senior Superintendent to Deputy Director General. — Appointed by the President upon
recommendation of the chief of the PNP, with proper endorsement by the Chairman of the Civil Service
Commission and subject to confirmation by the Commission on Appointments; and
(d) Director General. — Appointed by the President from among the senior officers down to the rank of
chief superintendent in the service, subject to confirmation by the Commission on Appointments: Provided,
That the Chief of the PNP shall serve a tour of duty not to exceed four (4) years: Provided, further, That, in
times of war or other national emergency declared by Congress, the President may extend such tour of
duty.
Section 32. Examinations for Policemen. — The Civil Service Commission shall administer the
qualifying entrance examinations for policemen on the basis of the standards set by the NAPOLCOM.
Section 33. Lateral Entry of Officers into the PNP. — In general, all original appointments of
commissioned officers in the PNP shall commence with the rank of inspector, to include all those with
highly technical qualifications applying for the PNP technical services, such as dentist, optometrists,
nurses, engineers, and graduates of forensic sciences. Doctors of medicine, members of the Bar, and
chaplains shall be appointed to the rank of senior inspector in their particular technical service. Graduates
of the Philippine National Police Academy (PNPA) shall be automatically appointed to the initial rank of
inspector. Licensed criminologists may be appointed to the rank of inspector to fill up any vacancy after
promotions from the ranks are completed.
Section 34. Qualifications of Chief of City and Municipal Police Stations. — No person may be
appointed chief of a city police station unless he holds a bachelor’s degree from a recognized institution of
learning or has served in the Philippine Constabulary or in the police department of any city or municipality
with the rank of captain or its equivalent therein for at least three (3) years.
No person may be appointed chief of a municipal police station unless he holds a bachelor’s
degree from a recognized institution of learning or has served as officer in the Philippine Constabulary or in
the police department of any city or municipality for at least two (2) years with the rank lieutenant or its
TITLE IV
THE PHILIPPINE NATIONAL POLICE
A. REORGANIZATION
Section 13. Authority of the Commission to Reorganize the PNP. – Notwithstanding the provisions of
Republic Act No. 6975 on the organizational structure and rank classification of the PNP, the Commission
shall conduct a management audit, and prepare and submit to Congress a proposed reorganization plan of
the PNP not later than December 31, 1998, subject to the limitations provided under this Act and based on
the following criteria: a) increased police visibility through dispersal of personnel from the headquarters to
the field offices and by the appointment and assignment of non-uniformed personnel to positions which are
purely administrative, technical, clerical or menial in nature and other positions which are not actually and
directly related to police operation; and b) efficient and optimized delivery of police services to the
communities.
The PNP reorganization program shall be approved by Congress through a joint resolution.
B. QUALIFICATIONS UPGRADING
Section 14. Section 30 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 30. General Qualifications for Appointment. – No person shall be appointed as officer or member
of the PNP unless he or she possesses the following minimum qualifications:
a) A citizen of the Philippines;
b) A person of good moral conduct;
c) Must have passed the psychiatric/psychological, drug and physical tests to be administered by
the PNP or by any NAPOLCOM accredited government hospital for the purpose of determining physical
and mental health;
d) Must possess a formal baccalaureate degree from a recognized institution of learning;
e) Must be eligible in accordance with the standards set by the Commission;
f) Must not have been dishonorably discharged from military employment or dismissed for cause
from any civilian position in the Government;
g) Must not have been convicted by final judgment of an offense or crime involving moral turpitude;
h) 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;
i) Must weigh not more or less than five kilograms (5 kgs.) from the standard weight corresponding
to his or her height, age, and sex; and
j) For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of
age: except for the last qualification, the above-enumerated qualifications shall be continuing in character
and an absence of any one of them at any given time shall be a ground for separation or retirement from
the service: Provided, That PNP members who are already in the service upon the effectivity of this Act
shall be given at least two (2) more years to obtain the minimum educational qualification and one (1) year
to satisfy the weight requirement.
For the purpose of determining compliance with the requirements on physical and mental health,
as well as the non-use of prohibited drugs, the PNP by itself or through a NAPOLCOM accredited
government hospital shall conduct regular psychiatric, psychological drug and physical tests randomly and
without notice.
After the lapse of the time period for the satisfaction of a specific requirement, current members of
the PNP who will fail to satisfy any of the requirements enumerated under this Section shall be separated
from the service if they are below fifty (50) years of age and have served in Government for less than
twenty (20) years or retired if they are from the age of fifty (50) and above and have served the
Section 16. Selection Criteria Under the Waiver Program. – The selection of applicants under the
Waiver Program shall be subject to the following minimum criteria:
a) Applicants who possess the least disqualification shall take precedence over those who possess
more disqualifications.
b) The requirements shall be waived in the following order: (a) age, (b) height, (c) weight, and (d)
education.
The Commission shall promulgate rules and regulations to address other situations arising from the
waiver of the entry requirements.
Section 17. Nature of Appointment Under a Waiver Program. – Any PNP uniformed personnel who is
admitted due to the waiver of the educational or weight requirements shall be issued a temporary
appointment pending the satisfaction of the requirement waived. Any member who will fail to satisfy any of
the waived requirements within the specified time periods under Section 13 of this Act shall be dismissed
from the service.
Section 18. Re-application of Dismissed PNP Members Under a Waiver Program. – Any PNP member
who shall be dismissed under a waiver program shall be eligible to re-apply for appointment to the PNP:
Provided, That he or she possesses the minimum qualifications under Section 14 of this Act and his or her
reappointment is not by virtue of another waiver program.
Section 19. The Field Training Program. – All uniformed members of the PNP shall undergo a Field
Training Program for twelve (12) months involving actual experience and assignment in patrol, traffic, and
investigation as a requirement for permanency of their appointment.
Section 20. Increased Qualifications for Provincial Directors. – No person may be appointed Director
of a Provincial Police Office unless:
a) he or she holds a master's 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 satisfactorily passed the required training and career courses necessary for the position as may be
established by the Commission.
Any PNP personnel who is currently occupying the position but lacks any of the qualifications
mentioned above shall be given three (3) years upon the effectivity of this Act to comply with the
requirements; otherwise he or she shall be relieved from the position.
Section 21. Section 32 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 32. Examinations of Policemen. – The National Police Commission shall administer the entrance
and promotional examinations for policemen on the basis of the standards set by the Commission."
Section 22. Section 34 of Republic Act No. 6975 is hereby amended to read as follows:
Section 23. Qualifications Upgrading Program. – The Commission shall design and establish a
qualifications upgrading program for the Philippine National Police officers and members in coordination
with the Civil Service Commission, and the Commission on Higher Education through a distance education
program and/or an in-service education program or other similar programs within ninety (90) days from the
effectivity of this Act.
Section 25. Attrition by Attainment of Maximum Tenure in Position. – The maximum tenure of PNP
members holding key positions is hereby prescribed as follows:
POSITION MAXIMUM TENURE
Other positions higher than Provincial Director shall have the maximum tenure of six (6) years.
Unless earlier separated, retired or promoted to a higher position in accordance with the PNP Staffing
Pattern, police officers holding the above-mentioned positions shall be compulsorily retired at the
maximum tenure in position herein prescribed, or at age fifty-six (56), whichever is earlier: Provided, That
in times of war or other national emergency declared by Congress, the President may extend the PNP
Chief's tour of duty: Provided, further, That PNP members who have already reached their maximum
tenure upon the effectivity of this Act may be allowed one (1) year more of tenure in their positions before
the maximum tenure provided in this Section shall be applied to them, unless they shall have already
reached the compulsory retirement age of fifty-six (56), in which case the compulsory retirement age shall
prevail.
Except for the Chief, PNP, no PNP member who has less than one (1) year of service before
reaching the compulsory retirement age shall be promoted to a higher rank or appointed to any other
position.
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PLANNING
Section 26. Attrition by Relief. – A PNP uniformed personnel who has been relieved for just cause and
has not been given an assignment within two (2) years after such relief shall be retired or separated.
Section 27. Attrition by Demotion in Position or Rank. – Any PNP personnel, civilian or uniformed, who
is relieved and assigned to a position lower than what is established for his or her grade in the PNP staffing
pattern and who shall not be assigned to a position commensurate to his or her grade within eighteen (18)
months after such demotion in position shall be retired or separated.
Section 28. Attrition by Non-promotion. – Any PNP personnel who has not been promoted for a
continuous period of ten (10) years shall be retired or separated.
Section 29. Attrition by Other Means. – A PNP member or officer with at least five (5) years of
accumulated active service shall be separated based on any of the following factors:
a) Inefficiency based on poor performance during the last two (2) successive annual rating periods;
b) inefficiency based on poor performance for three (3) cumulative annual rating periods;
c) physical and/or mental incapacity to perform police functions and duties; or
d) failure to pass the required entrance examinations twice and/or finish the required career courses
except for justifiable reasons.
Section 30. Retirement or Separation Under the Preceding Sections. – Any personnel who is
dismissed from the PNP pursuant to Sections 25, 26, 27, 28 and 29 hereof shall be retired if he or she has
rendered at least twenty (20) years of service and separated if he or she has rendered less than twenty
(20) years of service unless the personnel is disqualified by law to receive such benefits.
D. PROMOTION SYSTEM
Section 31. Rationalized Promotion System. – Within six (6) months after the effectivity of this Act, the
Commission shall establish a system of promotion for uniformed and non-uniformed personnel of the PNP
which shall be based on merits and on the availability of vacant positions in the PNP staffing pattern. Such
system shall be gender fair and shall ensure that women members of the PNP shall enjoy equal
opportunity for promotion as that of men.
Section 32. Promotion by Virtue of Position. – Any PNP personnel designated to any key position
whose rank is lower than that which is required for such position shall, after six (6) months of occupying the
same, be entitled to a rank adjustment corresponding to the position: Provided, That the personnel shall
not be reassigned to a position calling for a higher rank until after two (2) years from the date of such rank
adjustment: Provided, further, That any personnel designated to the position who does not possess the
established minimum qualifications therefore shall occupy the same temporarily for not more than six (6)
months without reappointment or extension.
Section 33. Section 38 (a) and (b) of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 38. Promotions. – (a) A uniformed member of the PNP shall not be eligible for promotion to a
higher position or rank unless he or she has successfully passed the corresponding promotional
examination given by the Commission, or the Bar, or the corresponding board examinations for technical
services and other professions, has satisfactorily completed the appropriate and accredited course in the
PNPA or equivalent training institutions, and has satisfactorily passed the required
psychiatric/psychological and drug tests. In addition, no uniformed member of the PNP shall be eligible for
promotion during the pendency of his or her administrative and/or criminal case or unless he or she has
been cleared by the People's Law Enforcement Board (PLEB) and the Office of the Ombudsman of any
complaints proffered against him or her, if any.
(b) Any uniformed member of the PNP who has exhibited acts of conspicuous courage and
gallantry at the risk of his/her life above and beyond the call of duty, shall be promoted to the next higher
rank: Provided, That such acts shall be validated by the Commission based on established criteria."
CHAPTER VII
Common Provisions for Uniformed Personnel
Section 69. Incentives and Awards. — There shall be established an incentives and awards system
which shall be administered by a board under such rules, regulations and standards as may be
promulgated by the Department: Provided, That equivalent awards shall be given by the Department for
every award duly given by respectable civic organizations in a nationwide selection for outstanding
achievement and/or performance of any member.
Section 70. Health and Welfare. — It shall be the concern of the Department to provide leadership and
assistance in developing health and welfare programs for its personnel.
The heads of all bureaus and other offices created under this Act shall take all proper steps
towards the creation of an atmosphere conducive to a good supervisor-subordinate relationship and the
improvement of personnel morale.
Section 71. Longevity Pay and Allowances. — Uniformed personnel of the Department shall be entitled
to a longevity pay of ten percent (10%) of their basic monthly salaries for every five (5) years of service,
which shall be reckoned from the date of the personnel’s original appointment in the AFP, or appointment
in the police, fire jail or other allied services to the integration of the PC and the INP: Provided, That the
totality of such longevity pay shall not exceed fifty percent (50%) of the basic pay.
They shall also continue to enjoy the subsistence allowance, quarters allowance, clothing
allowance cost of living allowance, hazard pay, and all other allowances as provided by existing laws.
Section 72. Active Service. — For purposes of this Act, active service of the uniformed personnel shall
refer to services rendered as an officer and non-officer, cadet, trainee or draftee in the PNP, Fire or Jail
Force or in the municipal police prior to the integration of the PC-INP or in the AFP, and services rendered
as a civilian official or employee in the Philippine Government prior to the date of separation or retirement
from the PNP, Fire or Jail Force: Provided, That, for purposes of retirement he shall have rendered at least
ten (10) years of active service as officer or non-officer in the AFP, and /or in the INP and/or in the PNP,
Fire or Jail Force: Provided, further, That services rendered as cadet, probationary officer, trainee or
draftee in the AFP or as cadet or trainee in the INP and PNP shall be credited for purposes of longevity
pay: Provided, finally, That, for cadet services, the maximum number of service to be credited shall not
exceed the duration of the pre-commissionship course specified in the curriculum.
Section 73. Permanent Physical Disability. — An officer or non-officer who, having accumulated at least
twenty (20) years of active service, incurs total permanent physical disability in line of duty shall be
compulsorily retired: Provided, That, if he has accumulated less than twenty (20) years of active service,
he shall be separated from the service and be entitled to a separation pay equivalent to one and one-fourth
(11/4) months base pay for every year of service, or a fraction thereof, and longevity pay of the permanent
grade he holds.
Section 74. Retirement in the Next Higher Grade. — Uniformed personnel covered under this Act shall,
for purposes of retirement pay, be retired in one (1) grade higher than the permanent grade last held:
Provided, that they have served for at least one (1) year of active service in the permanent grade.
Section 75. Retirement Benefits. — Monthly retirement pay shall be fifty percent (50%) of the base pay
and longevity pay of the retired grade in case of twenty (20) years of active service, increasing by two and
one-half percent (2.5%) for every year of active service rendered beyond twenty (20) years to a maximum
of ninety percent (90%) for thirty-six (36) years of active service and over.
Section 78. Uniformed Personnel Missing in Action. — Any uniformed personnel who while in the
performance of duty or by reason of his being an officer or member of the PNP, Fire or Jail Force, is
officially confirmed missing in action, kidnapped or captured by lawless elements shall, while so absent, be
entitled to receive or to have credited to his account the same pay and allowances to which such officer or
uniformed member was entitled at the time of the incident: Provided, That the compulsory retirement of a
person missing in action shall be processed to allow the members of the next of kin to enjoy the retirement
benefits: Provided, further, That should the Chief of the PNP, Fire or Jail Force, as the same may be, upon
the recommendation of the proper authority and/or immediate supervisor, subsequently determine that the
officer or uniformed member concerned have been absent from duty without authority, such member or his
heirs shall reimburse the PNP, Fire or Jail Force all such amount and allowances received by him in
accordance with this section and the following section.
Section 79. Payment of Salary and Allowances to the Heirs of Uniformed Personnel. — In case any
uniformed personnel has been officially confirmed as missing in action under any of the circumstances
provided in the preceding section, the Chief of the PNP, Fire or Jail Force, as the case may be, shall direct
payment of the absent uniformed personnel’s monthly salary and allowances and other emoluments
pertinent thereto his/her heirs for their support for a maximum period of one (1) year from the date of
commencement of absent or when last heard from as those kidnapped or captured by lawless elements.
Section 80. Finding of Death and Termination of Payment of Salary and Allowances. — Upon the
termination of the one (1) year period as specified in the preceding section, the missing uniformed
personnel shall be automatically terminated. In the event said personnel shall thereafter be found to have
been alive and is not entitled to the benefits paid under the preceding sections of this Act, said benefits
shall be reimbursed to the State within six (6) months from the discovery of the fact or his reappearance.
However, if his continued disappearance was fraudulent or made in bad faith he shall, together with his co-
conspirators, be prosecuted according to law.
Section 38. Promotions. — (a) A member of the PNP shall not be eligible for promotion to a higher
position or rank unless he has successfully passed the corresponding promotional examination given by
the Commission, or the Bar or corresponding board examinations for technical services and other
professions, and has satisfactorily completed an appropriate and accredited course in the PNPA or
equivalent training institutions. In addition, no member of the PNP shall eligible for promotion unless he
has been cleared by the People’s Law Enforcement Board (PLEB) of complaints proffered against him, if
any.
Section 40. 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 for by law.
Section 35. Section 73 of the same Act is hereby amended to read as follows:
"SEC. 73. Permanent Physical Disability. – An officer or non-officer who is permanently and totally
disabled as a result of injuries suffered or sickness contracted in the performance of his duty as duly
certified by the National Police Commission, upon finding and certification by the appropriate medical
officer, that the extent of the disability or sickness renders such member unfit or unable to further perform
the duties of his position, shall be entitled to one year's salary and to lifetime pension equivalent to eighty
percent (80%) of his last salary, in addition to other benefits as provided under existing laws.
Should such member who has been retired under permanent total disability under this section die
within five (5) years from his retirement, his surviving legal spouse or if there be none, the surviving
dependent legitimate children shall be entitled to the pension for the remainder of the five (5) years
guaranteed period."
Section 36. Section 36 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 36. Status of Members of the Philippine National Police. – The uniformed members of the PNP
shall be considered employees of the National Government and shall draw their salaries therefrom. They
shall have the same salary grade level as that of public school teachers: Provided,
That PNP members assigned in Metropolitan Manila, chartered cities and first class municipalities
may be paid financial incentive by the local government unit concerned subject to the availability of funds."
Section 37. Early Retirement Program. – Within three (3) years after the effectivity of this Act, any PNP
officer or non-commissioned officer may retire and be paid separation benefits corresponding to a position
two (2) ranks higher than his or her present rank subject to the following conditions:
a) that at the time he or she applies for retirement, he or she has already rendered at least ten (10) years
of continuous government service;
b) the applicant is not scheduled for separation or retirement from the service due to the attrition system or
separation for cause;
c) he or she has no pending administrative or criminal case; and
Section 38. Rationalization of Retirement and Separation Benefits. – The Commission shall formulate
a rationalized retirement and separation benefits schedule and program within one (1) year from the
effectivity of this Act for approval by Congress: Provided, That the approved schedule and program shall
have retroactive effect in favor of PNP members and officers retired or separated from the time specified in
the law, unless the retirement or separation is for cause and the decision denies the grant of benefits.
PERSONNEL ADMINISTRATION
Personnel Administration is one way of the many specialized fields of administration. Moreover, it
could be considered the most important field of administration. Thus, all the activities of any organization
are initiated, determined, and implemented by the people who make up that organization. Managerial and
administrative skills could only be exercised through personnel administration.
Certainly, personnel administration plays a vital role in the efforts to improve efficiency,
effectiveness, and economy in the government, particularly the improvement of the administrative structure
of its public administration.
Personnel Administration in the narrower sense deals principally with the recruitment of employees
for organization position (including promotions and transfers from one position to another), with the
separation of employees from the organization by retirement, dismissal, or resignation, with the training of
employees, with their salaries and wages, and their health, safety, and welfare.
Section 52. Suspension of Operational Supervision and Control. — The President may, upon
consultation with the provincial governor and congressman concerned, suspend the power of operational
supervision and control of any local executive over police units assigned or stationed in his jurisdiction for
any of the following grounds:
(a) Frequent unauthorized absences;
(b) Abuse of authority;
(c) Providing material support to criminal elements; or
(d) Engaging in acts inimical to national security or which negate the effectiveness of the peace
and order campaign.
Upon good cause shown, the President may, motuproprio or upon the recommendation of the
National Police Commission, restores such power withdrawn from any local executive.
TITLE VIII
PARTICIPATION OF LOCAL GOVERNMENT EXECUTIVES IN THE ADMINISTRATION OF THE PNP
Section 62. The provisions of the second, third, fourth and fifth paragraphs of subparagraph (b) (1),
Section 51, Chapter III-D of Republic Act No. 6975 are hereby amended to read as follows:
Section 63. Section 51 (b) (4) of Republic Act No. 6975 is hereby amended to read as follows:
(4) Other Powers. In addition to the aforementioned powers, city and municipal mayors shall have the
following authority over the PNP units in their respective jurisdictions:
(i) Authority to choose the chief of police from a list of five (5) eligibles recommended by the
provincial police director, preferably from the same province, city or municipality: Provided, however, That
in no case shall an officer-in-charge be designated for more than thirty (30) days: Provided, further, That
the local peace and order council may, through the city or municipal mayor, recommend the recall or
reassignment of the chief of police when, in its perception, the latter has been ineffective in combating
crime or maintaining peace and order in the city or municipality: Provided, finally, That such relief shall be
based on guidelines established by the NAPOLCOM;
(ii) Authority to recommend to the provincial director the transfer, reassignment or detail of PNP
members outside of their respective city or town residences; and
(iii) 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 without which no such appointments shall be attested: Provided, That whenever practicable
and consistent with the requirements of the service, PNP members shall be assigned to the city or
municipality of their residence.
The control and supervision of anti-gambling operations shall be within the jurisdiction of local
government executives.
Section 65. Section 52 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 52. 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 executive for any of the following grounds:
(a) Frequent unauthorized absences;
(b) Abuse of authority;
(c) Providing material support to criminal elements; or
(d) Engaging in acts inimical to national security or which negate the effectiveness of the peace
and order campaign.
Upon good cause shown, the President may, directly or through the Commission, motu proprio
restore such deputation withdrawn from any local executive."
Section 42. Summary Dismissal Powers of the PNP Chief and Regional Directors. — The Chief of the
PNP and regional directors, after due notice and summary hearings, may immediately remove or dismiss
any respondent PNP member in any of the following cases:
(a) When the charge is serious and the evidence of guilt is strong;
(b) When the respondent is a recidivist or has been repeatedly charged and there are reasonable
grounds to believe that he is guilty of the charges; and
(c) When the respondent is guilty of conduct unbecoming of a police officer.
Section 44. Disciplinary Appellate Boards. — The formal administrative disciplinary machinery for the
PNP shall be the National Appellate Board and the regional appellate boards.
The National Appellate Board shall consist of four (4) divisions, each division composed of a
Commissioner as Chairman and two (2) other members. The Board shall consider appeals from decisions
of the Chief of the PNP.
The National Appellate Board may conduct its hearings or sessions in Metropolitan Manila or any
part of the country as it may deem necessary.
There shall be at least one (1) regional appellate board per administrative region in the country to
be composed of a senior officer of the regional Commission as Chairman and one (1) representative each
from the PNP, and the regional peace and order council as members. It shall consider appeals from
decisions of the regional directors, other officials, mayors, and the PLEBs: Provided, that the Commission
may create additional regional appellate boards as the need arises.
Section 45. Finality of Disciplinary Action. — The disciplinary action imposed upon a member of the
PNP shall be final and executory: Provided, That a disciplinary action imposed by the regional director or
Section 46. Jurisdiction in Criminal Cases. — Any provision of law to the contrary notwithstanding,
criminal cases involving PNP members shall within the exclusive jurisdiction of the regular courts:
Provided, That the courts-martial appointed pursuant to Presidential Decree No. 1850 shall continue to try
PC-INP members who have already been arraigned, to include appropriate actions thereon by the
reviewing authorities pursuant to Commonwealth Act No. 408, otherwise known as the Articles of War, as
amended, and Executive Order No. 178, otherwise known as the Manual for Courts-Martial: Provided,
further, That criminal cases against PC-INP members who may have not yet been arraigned upon the
effectivity of this Act shall be transferred to the proper city or provincial prosecutor or municipal trial court
judge.
Section 47. Preventive Suspension Pending Criminal Case. — Upon the filing of a complaint or
information sufficient in form and substance against a member of the PNP for grave felonies where the
penalty imposed by law is six (6) years and one (1) day or more, the court shall immediately suspend the
accused from office until the case is terminated. Such case shall be subject to continuous trial and shall be
terminated within ninety (90) days from arraignment of the accused.
Section 48. Entitlement to Reinstatement and Salary. — A member of the PNP who may have been
suspended from office in accordance with the provisions of this Act or who shall have been terminated or
separated from office shall, upon acquittal from the charges against him, be entitled to reinstatement and
to prompt payment of salary, allowances and other benefits withheld from him by reason of such
suspension or termination.
Section 49. Legal Assistance. — The Secretary of the Department of Justice, the Chairman of the
Commission or the Chief of the PNP may authorize lawyers of their respective agencies to provide legal
assistance to any member of the PNP who is facing before the prosecutor’s office, the court or any
competent body, a charge or charges arising from any incident which is related to the performance of his
official duty: Provided, That government lawyers so authorized shall have the power to administer oaths.
The Secretary of Justice, the Chairman of the Commission, and the Chief of the PNP shall jointly
promulgate rules and regulations to implement the provisions of this section.
Section 50. Power to Administer Oaths. — Officials of the Commission who are appointed by the
President, as well as officers of the PNP from rank of inspector to senior superintendent, shall have the
power to administer oaths on matters which are connected with the performance of their official duties.
TITLE V
INTERNAL AFFAIRS SERVICE
Section 39. Creation, Powers, and Functions. – An Internal Affairs Service (IAS) of the PNP is hereby
created which shall:
a) pro-actively conduct inspections and audits on PNP personnel and units;
b) investigate complaints and gather evidence in support of an open investigation;
c) conduct summary hearings on PNP members facing administrative charges;
d) submit a periodic report on the assessment, analysis, and evaluation of the character and behavior of
PNP personnel and units to the Chief PNP and the Commission;
Section 40. Organization. – National, regional, and provincial offices of the Internal Affairs shall be
established. Internal Affairs Service shall be headed by an Inspector General who shall be assisted by a
Deputy Inspector General. The area offices shall be headed by a Director while the provincial offices shall
be headed by a Superintendent: Provided, That the head of the Internal Affairs Service shall be a civilian
who shall meet the qualification requirements provided herein.
The commission shall establish a rationalized staffing pattern in the Reorganization Plan as
provided for in Section 13 hereof.
Section 41. Appointments. – The Inspector General shall be appointed by the President upon the
recommendation of the Director General and duly endorsed by the Commission. Appointments of
personnel who shall occupy various positions shall be made by the Inspector General and shall be based
on an established career pattern and criteria to be promulgated by the Commission.
Section 42. Entry Qualifications to IAS. – Entry to the Internal Affairs Service shall be voluntary and
subject to rigid screening where only PNP personnel who have at least five (5) years experience in law
enforcement and who have no derogatory service records shall be considered for appointment: Provided,
That members of the Bar may enter the service laterally.
Section 43. Initial Appointments to the National, Directorial, and Provincial Internal Affairs Service
Offices. – Initial appointments of the heads of the offices in the Internal Affairs Service shall be made by
the President upon recommendation by the Commission. Thereafter, appointments and promotions to the
Service shall follow the established requirements and procedures.
Section 44. Promotions. – The Commission shall establish the promotion system within the IAS which
shall follow the general principles of the promotion system in the PNP.
Section 45. Prohibitions. – Any personnel who join the IAS may not thereafter join any other unit of the
PNP. Neither shall any personnel of the IAS be allowed to sit in a committee deliberating on the
appointment, promotion, or assignment of any PNP personnel.
Section 46. Career Development and Incentives. – (1) Personnel of the Internal Affairs Service shall in
addition to other allowances authorized under existing laws be granted occupational specialty pay which
shall not exceed fifty percent (50%) of their basic pay. This pay shall not be considered a forfeiture of other
remuneration and allowances which are allowed under existing laws.
(2) IAS members shall also have priorities in the quota allocation for training and education.
Section 47. Records Management of the IAS. – Local Internal Affairs Offices shall be responsible for the
maintenance and update of the records of the members of the PNP within their jurisdiction.
When PNP personnel is reassigned or transferred to another location or unit outside the jurisdiction of the
current Internal Affairs Office, the original records of such personnel shall be transferred over to the
Section 48. Inclusion of Supervisors and Superiors in IAS Investigations. – The immediate superior
or supervisor of the personnel or units being investigated under the preceding section shall be
automatically included in the investigation of the IA to exclusively determine lapses in administration or
supervision.
Section 49. Disciplinary Recommendations of the IAS. – (a) Any uniformed PNP personnel found guilty
of any of the cases mentioned in Section 39 of this Act and any immediate superior or supervisor found
negligent under Section 48 shall be recommended automatically for dismissal or demotion, as the case
may be.
(b) Recommendations by the IAS for the imposition of disciplinary measures against erring PNP personnel,
once final, cannot be revised, set-aside, or unduly delayed by any disciplining authority without just cause.
Any disciplining authority who fails to act or who acts with abuse of discretion on the recommendation of
the IAS shall be made liable for gross neglect of duty. The case of erring disciplinary authority shall be
submitted to the Director General for proper disposition.
Section 50. Appeals. – Decisions rendered by the provincial inspectors shall be forwarded to the area
internal affairs office for review within ten (10) working days upon the receipt thereof. Decisions of the area
office may be appealed to the national office through the Office of Inspector General. Decisions rendered
by the National IAS shall be appealed to the National Appellate Board or to the court as may be
appropriate: Provided, That the summary dismissal powers of the Director General and Regional Directors
as provided in Section 42 of Republic Act No. 6975 shall remain valid:
Provided, further, That the existing jurisdiction over offenses as provided under Republic Act No.
6975 shall not be affected.
Section 51. Complaints Against the IAS. – A complaint against any personnel or office of IAS shall be
brought to the Inspector General's Office or to the Commission as may be appropriate.
TITLE VI
DISCIPLINARY MECHANISMS
Section 52. Section 41 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 41(a). Citizen's Complaints. – Any complaint by a natural or juridical person against any member
of the PNP shall be brought before the following:
(1) Chiefs of Police, where the offense is punishable by withholding of privileges, restriction to specified
limits, suspension or forfeiture of salary, or any combination thereof, for a period not exceeding fifteen (15)
days;
(2) Mayors of cities and municipalities, where the offense is punishable by withholding of privileges,
restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period of
not less than sixteen (16) days but not exceeding thirty (30) days;
(3) People's Law Enforcement Board, as created under Section 43 hereof, where the offense is
punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or
any combination thereof, for a period exceeding thirty (30) days; or by dismissal.
The Commission shall provide in its implementing rules and regulations a scale of penalties to be
imposed upon any member of the PNP under this Section.
(b) Internal Discipline. – On dealing with minor offenses involving internal discipline found to have been
committed by any regular member of their respective commands, the duly designated supervisors and
equivalent officers of the PNP shall, after due notice and summary hearing, exercise disciplinary powers as
follows:
Section 53. Section 42 of Republic Act No. 6975 is hereby amended to read as follows:
“SEC. 42. Summary Dismissal Powers of the National Police Commission, PNP Chief and PNP
Regional Directors. – The National Police Commission, the chief of the PNP and PNP regional directors,
after due notice and summary hearings, may immediately remove or dismiss any respondent PNP member
in any of the following cases:
(a) When the charge is serious and the evidence of guilt is strong;
Section 54. Section 44 of Republic Act No. 6975 is hereby amended to read as follows:
“SEC. 44. Disciplinary Appellate Boards. – The formal administrative disciplinary machinery of the PNP
shall be the National Appellate Board and the regional appellate boards.
The National Appellate Board shall be composed of the four (4) regular commissioners and shall
be chaired by the executive officer. The Board shall consider appeals from decisions of the Chief of the
PNP.
The National Appellate Board may conduct its hearings or sessions in Metropolitan Manila or any
part of the country as it may deem necessary.
There shall be at least one (1) regional appellate board per administrative region in the country to
be composed of a senior officer of the regional Commission as Chairman and one (1) representative each
from the PNP, and the regional peace and order council as members. It shall consider appeals from
decisions of the regional directors, other officials, mayors, and the PLEBs: Provided, That the Commission
may create additional regional appellate boards as the need arises."
Section 55. Section 47 of Republic Act No. 6975 is hereby amended to read as follows:
"Sec. 47. Preventive Suspension Pending Criminal Case. – Upon the filing of a complaint or
information sufficient in form and substance against a member of the PNP for grave felonies where the
penalty imposed by law is six (6) years and one (1) day or more, the court shall immediately suspend the
accused from office for a period not exceeding ninety (90) days from arraignment: Provided, however, That
if it can be shown by evidence that the accused is harassing the complainant and/or witnesses, the court
may order the preventive suspension of the accused PNP member even if the charge is punishable by a
penalty lower than six (6) years and one (1) day: Provided, further, That the preventive suspension shall
not be more than ninety (90) days except if the delay in the disposition of the case is due to the fault,
negligence or petitions of the respondent: Provided, finally, That such preventive suspension may be
sooner lifted by the court in the exigency of the service upon recommendation of the chief, PNP. Such
case shall be subject to continuous trial and shall be terminated within ninety (90) days from arraignment of
the accused."
Section 56. Section 49 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 49. Legal Assistance. – The Secretary of Justice, the chairman of the Commission or the Chief of
the PNP may authorize lawyers of their respective agencies to provide legal assistance to any member of
the PNP who is facing before the prosecutor's office, the court or any competent body, a charge or charges
arising from any incident which is related to the performance of his official duty: Provided, That government
lawyers so authorized shall have the power to administer oaths: Provided, further, That in such cases,
when necessary, as determined by the Commission, a private counsel may be provided at the expense of
the Government. The Secretary of Justice, the Chairman of the Commission and the Chief of the PNP shall
jointly promulgate rules and regulations to implement the provisions of this Section."
RECORDS – are account in writing, print or in some other permanent form intended to perpetrate
knowledge of facts or events. They are the primarily means of communication among the members of the
police department. The effectiveness of a police department is directly related to quality of its records.
- is the narration of facts/events transpired in a document that will serve as future reference.
Records Management
- the application of systematic control concerning the creation, maintenance and destruction or
records required in conjunction with the operation of the organization.
- it is the systematic way of preserving, caring, and filing of important records.
Classification of Records
a. External Communications – written communications between organizations, between customers/client
and the organization, between buyer and supplier and between the organization and various branches of
the government.
Records Cycle
The life span of a record from creation to final disposition is called the record cycle.
1. Creation
2. Classification
3. Storage
4. Retrieval
5. Purging or Retention
6. Transfer
7. Archival Storage or Disposition
Terminology of Storage
1. Filing – filing is the actual placement of materials in a storage container, generally a folder, according to
a plan. It includes the process of classifying, coding, arranging, and storage systematically so that they
may be located quietly when needed.
2. Filing manual – is an instrumental book containing detailed information about various phases of filing
and records management including rules for the procedures used.
3. Procedure – are series of steps for the orderly arrangement or records which alphabet, geographic,
numeric, subject of chronology.
5. Classifying – mentally determining the name of subject or number of which a specific record is to be
filed is called classifying.
7. Coding – making an identifying mark on the item to be stored to indicate what classifications it is to be
filed is called coding. Coding may be done by underlining, checking, circling, or making the record in some
other way.
8. Unit – the names, initials, or words used in determining the alphabetic order of field materials are called
unit.
9. Cross Reference – is a notation put into a file to indicate that a record to not store in that file but in the
file specified on the cross-reference.
10. Guide – dividers in filing equipment are called guides because information on them serve as guide to
the eye of filing and locating stored items.
11. Folder – the container in which papers or materials are kept in filing cabinet is called a folder. Popular
materials used in making folders, are manila, Kraft, plastic and pressboard. A miscellaneous folder is a
folder that contains has not accumulated is sufficient volume being removed to its own specially labeled
folder known as an individual.
FUNDAMENTALS OF PLANNING
What is a Plan?
A plan is an organize schedule or sequence by methodical activities intended to attain a goal and
objectives for the accomplishments of mission or assignment. It is a method or way of doing something in
order to attain objectives. Plan provides answer to 5W’s and 1 H.
What is Planning?
Planning is a management function concerned with visualizing future situations, making estimates
concerning them, identifying issues, needs and potential danger points, analyzing and evaluating the
alternative ways and means for reaching desired goals according to a certain schedule, estimating the
necessary funds and resources to do the work, and initiating action in time to prepare what may be needed
to cope with the changing conditions and contingent events.
Planning is also the process of preparing for change and coping with uncertainty formulating future
causes of action; the process of determining the problem of the organization and coming up with proposed
resolutions and finding best solutions.
The process of combining all aspects of the department and the realistic anticipation of future
problems, the analysis of strategy and the correlation of strategy to detail.
Importance of Planning
1. Improve analysis of problems
2. Provide better information for decision making
3. Help to clarify goals, objectives, and priorities
4. Result in more effective allocation of resources
5. Improve inter and intradepartmental cooperation and coordination
6. Improve the performance of the programs
7. Give the police department a clear sense of direction
8. Provide the opportunity for greater public support
9. Increase the commitment of personnel
Alternatives – In the process, the police administrators can use the potent tool of alternatives. Alternatives
(options) are means by which goals and objectives can be attained. They maybe policies, strategies, or
specific actions aimed at eliminating a problem. Alternatives do not have to be substitutes for one another
or should be performed the same function.
e.g. The plan is to train the officers on militaristic and combat shooting. The alternatives could be:
Alternative 1 – modify police vehicles
Alternative 2 – issuing bulletproof vests
Alternative 3 – utilizing computer assisted dispatch system
Alternative 4 –increasing first line supervision, etc.
Strategic Planning
Strategic Planning is a series of preliminary decisions on a framework, which in turn guides
subsequent decisions that generate the nature and direction of an organization. This is usually long
ranged in nature. The reasons for Strategic Planning are:
1. VISION - A vision of what a police department should be.
2. LONG-RANGE THINKING - Keeping in mind that strategy is deciding where we want to be
3. STRATEGIC FOCUS
4. CONGRUENCE
5. A STRATEGIC RESPONSE TO CHANGE
6. A STRATEGIC FRAMEWORK
What are the guidelines in Planning? The five (5) W’s and one (1) H
1. What to do – mission/objective
2. Why to do – reason/philosophy
3. When to do – date/time
4. Where to do – place
5. Who will do – people involve
6. How to do – strategy
LAW ENFORCEMENT ADMINISTRATION [A Review Notes in Criminologist Licensure
Examination – CLE] |Page 71
M.D.B-25, A.Y. 2016-2017 POLICE ORGANIZATION AND ADMINISTRATION WITH POLICE
PLANNING
STEPS IN PLANNING
The following steps provide an orderly means for the development of plans:
1. Frame of Reference – this shall be based on careful view of the matters relating to the situation,
for which plans are being developed, and opinions or ideas of persons who may speak with
authority on the subject concerned. Determine views of the chief of police officers, other
government officials and other professional shall be considered.
2. Clarifying the Problems – this calls for the identification of the problem, understanding both its
record and its possible solutions. A situation must exist for which something must and can be done.
For example, an area in a city or municipality in victimized by a series of robbers. There is a need
for reaching the preliminary decisions that robberies may be reduced in the area and that pattern of
operation in general, is one by which the department can reduce them.
3. Collecting all Pertinent Facts – no attempt shall be made to develop a plan until all facts relating
to it have been gathered. In the series of robberies, all cases on files shall be carefully reviewed to
determine the modus operandi, suspects, type of victims, and such matters as availability,
deployment, and the use of present personnel shall be gathered.
4. Analyzing the Facts – after all data have been gathered, a careful analysis and evaluation shall
be made. This provided the basis from which a plan or plans are evolved.
5. Developing Alternative Plans – in the initial phases of plan development, several alternative
measures will appear to be logically comparable to the needs of a situation. As the alternative
solutions are evaluated, one of the proposed plans will usually prove more logical than the others.
6. Selecting the Most Appropriate Alternatives – a careful consideration of all facts usually leads
to the selection of a “best” of alternative proposals. In a robbery case the “best” plan may call for
the use of available “on-duty” personnel with maximum use of detectives for “stake huts”
7. Selling the Plan – a plan to be effectively carried out must be accepted by persons concerned at
the appropriate level of the plan’s development. As the planning develops there may be need to
involve the heads of personnel, records and communication units, and all patrol officers.
8. Arranging for Execution of the Plan – the execution of a plan requires the issuance of orders
and directives to units and personnel concerned, the establishment of a schedule, and the
provision of manpower and equipment for carrying out the plan. Briefings must be held and
Understanding Disaster
A DISASTER is a sudden, unforeseen, extraordinary occurrence. It can be considered as an
EMERGENCY but an emergency may not always be a disaster. An EMERGENCY falls into 2 broad
categories:
Induced
arson, bombing, kidnapping, robbery, hostage-taking,
Catastrophe
(Man-made Crisis) skyjacking, assassination, ambush, and other acts
terrorism
Commonalities:
Deciding Policy
Assessing Threat
Identifying Resources
Selecting crisis team personnel
Locating crisis management center
Equipping the crisis center
Testing contingency plans and emergency procedures
Dealing with the media
Dealing with victims and their families
Dealing with other affected person (such as employees)
Getting the organization’s normal work done
Returning to normal after the crisis
Plan Checklist
Identify the type of crisis/disaster/induced catastrophe
Identify which operation, facility, personnel at risk
Prioritize accordingly
Determine effects of emergencies in the operation
Identify broad categories that must be addressed in your contingency planning
Review existing emergency plans to identify gaps
Consider the environment within which your emergency plans will be implemented.
Assessing the Risk
Pro-crisis Actions - “The planning process begins with an understanding of the situation and
recognition that a number of policy decisions must be made before the actual planning can begin.”; “Many
emergencies can be prevented completely with adequate thought and action. Others can be anticipated –
often by doing nothing but mere common sense. REMEMBER! It was not raining when NOAH build the
ark.”
Each disaster team member must be oriented and trained on their respective role and the functional
requirements for disaster management.
What are the Special Problems in Crowd Control and Anti-Riot Operations?
Snipers – Certain psychopathic people may attempt to take advantage of the mass confusion and
excitement at a riot scene by taking a concealed position and shooting at people with some type of
weapons, usually rifle.
Arsonist – Persons holding torch in their hands are potential arsonists. They must be taken into custody
immediately.
Looters – Acts of simple misdemeanor thefts or may consists of robbery of breaking and entering. Take
the suspects into custody by whatever means are necessary.
REFERENCES
Books:
Tacangco, Danilo L.–Police Administration, Organization and Planning – An InstructionalBook,
Wiseman’s Book Trading, Inc., 2011.
Delizo Bernard, Delizo G – Instructional Handbook on Traffic Management and Accident
Investigation, first edition, RKManwong Production and Publication, 2008.
Badua, Jonah B – Police Personnel and Records Management for Criminal Justice Education,
Wiseman’s Books Trading, Inc.,2010.
Manwong, Rommel K.; Delizo, Darlito Bernard G. – Law Enforcement Administration, A Textbook in
Criminology, Manila. RKManwong Publications, 2006.
Madelo, Jr. Porferio C. – Criminal Justice System – Basic Concepts and Approaches, first edition, Rex
Book Store, Inc., 2013.
Nolledo, Jose N. – Handbook on the Philippine National Police, first edition, Manila, National Book
Other References:
National Police Commission Memorandum Circular Nr. 2007-01
National Police Commission Memorandum Circular Nr. 93-024
Reorganization Plan of the Philippine National Police, 1998
Republic Act 6975
Republic Act 8551
PNP Manual, PNPM-D-O-2-01
www. Pnp.gov.ph
Microsoft ® Encarta ® 2009. © 1993-2008 Microsoft Corporation. All rights reserved.
____________________________________________________________________________________
“If you know the enemy and know yourself, you need not fear the result of a
hundred battles. If you yourself but not the enemy, for every victory, you
will suffer defeat. If you know neither yourself nor the enemy, you are a
fool who will meet defeat in every battle”.