CCJE Module Format LEA1. LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION Jennifer D. Coballes, Ph.DCourse Description. The course is designed to meet the needs of the students in preparation for their higher subjects, to help the students understand the system as an instrument for crime prevention and control. It will also make the students know the objectives and goals of its criminal justice pillars and its relationships as a whole system and to encourage the students to know by heart their roles as a member of the society. Course Intended Learning Outcomes. At the end of the semester, the students should be able to: * Describe the structure and organization of the law enforcement agency. * Distinguish recruitment and selection process + Identify the Law Enforcement problems particularly in recruitment, selection, training, appointment, assignment, promotion, transfer, separation and retirement * Describe the characteristics of the Law Enforcement culture ‘* Recognize the functions of law enforcement agencies. * Identify plans suitable to a specific Law enforcement functions. ‘* Apply the principles of pertinent laws and concepts governing the administration and operation of the Law Enforcement Agencies Introduction Welcome to module 1. Policing is unique in three ways. First, police work is unique; employees handle a wide range of roles and tasks. The diversity of roles and tasks is illustrated by the service role of responding to barking dog complaints and the contrasting law enforcement role of solving murders. Although the police are typically evaluated on their response to crime through the law enforcement role of investigation and arrest, the police are also expected to provide a wide range of services such as assisting citizens and providing information, and these service calls represent a large part of a police officer's job. Second, police authority is unique; sworn officers have the authority to arrest and use deadly force when necessary in the enforcement of the criminal law. We, as citizens, have given up our right to forcefully resolve criminal conflicts and have delegated this right and the resultant authority to the police and the criminal justice system. In return, we expect our police to apply this authority in a consistent and fair manner. Third, police availabilty is unique; police agencies, in many communities, are among thevery few public institutions expected to operate 24 hours a day, seven days a week, every day of the year. Topic 1. Historical Background on Policir > General overview > Ancient law enforcement > Modern policing/law enforcement Intended Learning Objective/s: At the end of the semester, the students should be able to © Relate in class the historical background/evolution of law enforcement or policing Lesson 1. General Overview Etym: f the Word P The word police originated from the Greek word “politeia” which means government of a city or civil organization and the state. The term used to describe a group of civil officers governing the city. When the Romans conquered the Greeks, they changed the word slightly to “politia”. During the reign of the French, they changed the word to “police” and used it to describe authorized people who actually enforce the law. The English and Americans borrowed the word from the French and used it to describe a law enforcement officer. Primitive and Ancient System of Policing Primitive Policing Law enforcement can be traced back from 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 member to perform special tasks to include guarding the community against depredation of lawless elements. Crimes committed by individuals were handled by the victim or victim's family. Thephilosophy of justice was retaliatory, that is, the offender must be punished. Punishments were harsh and barbaric. For serious offenses, punishment includes death penalty carried out by beheading, hanging, drowning, crucifixion, banishment, social degradation, slavery and many more. These words of tribe's chief were considered the laws. Lesson 2. Ancient Law Enforcement The Sumerians The earliest records of ancient people's need to standardized rules and methods of enforcement to control human behavior dates back to approximately 2300 B.C., when the Sumerian rulers LIPITHSTAR and ESHUMMA set standards on what constituted an offense against society. The Babylonian 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 ‘week. Hammurabi originated the legal principle of LEX Taliones - the “eye for an eye, tooth for a tooth” doctrine. Ancient Egypt The early Egyptians established laws and courts and a rudimentary rule of law. The first accounts of a developing court system originated in Egypt in approximately 1500 BC. The court system was presided by judges appointed by the pharaoh, They later organized marine patrols and customhouses to protect commerce. Ancient Greece The Greeks had an impressive law enforcement called the EPHORI. 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 to 347 BC, came the idea that punishment should serve the purpose other than simple retaliation. Ancient RomeDe 1. Ani a The Romans had a highly developed system to administer justice. The 712 TABULAE (12 table) were the first written laws of the Roman Empire. It deals with the legal procedure, property ownership, building codes, marriage customs and punishment for crimes. At the reign of Emperor Augustus, he created the Praetorian Guard, which consisted of about 7000 men/ soldiers to protect the palace and the City of Rome, together with the Urban Cohorts to patrol the city. He also created the so-called Vigiles who were assigned as firefighters and eventually given law enforcement responsibilities. As the first civilian police force VIGILES sometimes kept the peace very ruthlessly, hence the word vigilantes ‘Another event was the time JUSTINIAN I, ruler of the Eastern Roman Empire (A.D 527 to 265) who collected all Roman Laws and put it into his Justinian code- they become known as the CORPUS JURIS CIVILIS which means body of law. ment of \glo-Saxon Period (Ancient England) (600-1066 AD) Frankpledge (mutual pledge)- under this system, every male over 12 years old join 9 of his neighbor to form a tythingmen who are tasked to apprehend any person who offends another and delivers him for trial Tun Policing- tun was the forerunner of the word town in which all male residents were required to guard the town to preserve peace. Hue and cry- a system of apprehending criminals whereby a complainant goes to the middle of the community and shout to call all male residents to assemble and arrest the suspect. Royal judge- started the identification of criminals through criminal investigation and giving punishment. Trial by ordeal- a system of determining guilt of a suspect by undergoing an ordeal such as placing his hand in boiling water, not having been hurt means that he is innocent, otherwise, he is guilty. 2. Norman Period (1066-1280) a Shire Reeve System- England was divided into §5 military districts known as shire -reeve. Shire was the district while reve was the ruler. It was the forerunner of the word sheriff. Traveling judge- responsible in hearing cases taken from the shire reeve due tosome abuses. It was the forerunner of circuit trial court judge c. Legis Henrie (Henry)- a law enacted which classified offenses against the king and the individuals, made policemen public officials, empowered police and citizens to conduct arrest and assigned grand jury to inquire on facts of law. d. Magna Carta- document sealed by King John of England on June 15, 1215 that became law upon the demand of the knights of the round table which stated that no freeman shall be imprisoned except by legal judgment, no person shall be tried of murder unless there is proof of the body of the victim and that there shall be a national and local government and legislation. e, 1195-King Richard of England issued a proclamation entitled “keepers of the peace”, requiring appointment of knights to keep the king's peace by standing as guards on bridges and gates while checking the people entering and leaving the cities and towns 3. Westminster Period (1285-1500) a. Statute of Winchester (1285)-enacted for law and order, which introduced the system of watch and ward b. Statute of 1295-demanded the closing of the gates of London during sundown. This marked the beginning of curfew hours. . Justice of the Peace-a position having the power to arrest, pursue and impose imprisonment d. Star Chamber Court-a special court that tried cases against the state Constable-an official appointed by a noble to carry out the law in England Lesson 3, Modern Period of Policing England: > King Charles Il of England passed an act in 1663 that provided for the employment of night watchmen or belimen to be on duty from sunset to sunrise. > In 1748, Henry Fielding became the chief magistrate of Bow Street in London. He set up night courts for working people and organized a group of men known as Bow Street runners “thief catchers”. He later on formed the Bow Street horse patrol whose duty was to patrol streets to secure travelers from highway bandits. > In 1829, Sir Robert Peel introduced the Metropolitan Act, passed by thePrinciples 1. 2 3. 4 5, 6 parliament of England in the same year, which led to the creation of Metropolitan Police Force of London, which is viewed as the first organized uniformed police force. This police force was later on named as the Scotland Yard. Being the originator and the first head of such police organization, Sir Robert Peel has earned the title “Father of Modern Policing System in the Administration of the Scotland Yard Stable and effective civil police under government control Absence of crime is the best proof of efficiency Past distribution of crime news to the police is essential Proper distribution of personnel according to shifts Best qualification of police officer is control of temper Proper selection and training is the basis of efficiency Peels Concepts of Policing are: |. The police should be organized along military lines x sa Rw The police should be placed under screening and training The police should be hired on probationary basis The police should be developed by time and by area Police headquarters should be accessible to the people Police record keeping is essential Principles of Law Enforcement enunciated by Robert peel 1. eNeereon Prevention of crime is the basic mission of the police Police must have full respect of the citizenry citizen's respect for law develops his respect for the police Cooperation of the public decreases as the use of force increases Police must render impartial enforcement of the law Physical force is used only as a last resort The police are the public and the public are the police The police represent the law9. The absence of crime and disorder is the test of police efficiency France: > King Louis XIV- in 17" century maintained a small central police organization consisting of 40 inspectors who, with the help of numerous paid informants, supplied the government with details about the conduct of private individuals > 1791- The position of “officer de paix” was formed in Paris, It served as the origin of the term peace officers. Sergent de Ville- servant of the City the first established uniformed police officers by the French ‘Other Contributions of the French in Policing System 1. Conceiving street signs 2. Assigning house numbers 3. Installing street lighting 4, Creating emergency and reserve services 5. Use of police ambulances 6. Use of warrant card and ID signifying authority to arrest United States: a. Municipal Police 1638- night watch was formed in Boston 1658-rattle watch was formed in New York 1700-night watch was formed in Philadelphia 1722-night haven had the regulation that “no watchmen will have the liberty to sleep” 1800- all able bodied young men were required to serve without pay 1833-the advent of daytime police with pay 1845-the first full time organized police department were formed in New York City and shortly thereafter in Boston 1856-New York police adopted a full police uniform b. State Police Department1835- Texas Rangers were organized 1865- Massachusetts organized a force of constable 1905- Pennsylvania state police was organized ¢. Federal Police Force 1829- post office investigation system begun 1861- investigation of crime against government started 1868- detective force were organized to investigate problems on revenue services, immigration and smuggling 1895- Federal attention focused on lotteries, drug regulations and transportation regulations 1910- white slave act and motor vehicle act 1934- national kidnapping act, banking act, and racketeering act were passed by the congress Fundamental Theories of Police Service a. Continental Theory ~ Police officers are considered servants of the higher authorities and the people have little or no share at all in their duties, nor any direct connection with them, This theory prevail among continental countries, like France, Italy, Spain, where the governmental structure follows the centralized pattern. b. Home-Rule Theory - Police officers are considered as servants of the community who depend for the effectiveness of their functions upon the express wishes of the people. In this theory, police officers are civil employees whose primary duty is the preservation of public peace and security. This is practiced in England and in United States of America, where the governmental structure is decentralized. Assessment Directions: Answer briefly but completely. Provide your answers on the space provided. If warranted by circumstances, students may submit it in any online platforms. 1. Explain how frankpledge system.2. What are the different concept of policing by Sir Robert Peel? 3. Enumerate and discuss the fundamental theories of police service? Multiple choice: Choose the correct answer in the questions below The word police etymologically originated from the Greek word “politeia” which means government of a city or civil organization and the state. Is this statement false? 2. The word police was actually a French term which refers to a person who is authorized to enforce the law 3. The one regarded as the father of scientific management was 4, Every male over twelve years of age was required to form a group of ten families called, 5, In 1326 the shire reeve was replaced with the__. 6. True or false? Henry Fielding formed “the bow street runner” in 1748 7. True or false? Sir Robert Conan Doyle advocated the 12 principles of policing. 8, The Roman contribution of police occurred during thr reign of __.9. In 1285, the statute of Winchester passed establishing the__ protection. 10. The Law Enforcement official of a shire was a_. TOPIC 11. Law Enforcement Administration a. Concept/importance of law enforcement b. Scope of modern law enforcement work ©. Concept of Law Enforcement Organization Intended Learning Outcomes At the end of the semester, the students should be able to’ © Recognize the concept, importance and scope of law enforcement Lesson 1. Concepts of Law enforcement Police Service Atits core, the concept of law enforcement consists of just that: enforcing laws. In its purest form, law enforcement requires an unwavering adherence to rules and procedures. It involves a focus on the letter of the law rather than the spirit of the law. a. Old Concept ~ police service is looked upon the police as merely as repressive machinery. This old philosophy means throwing more people in jail rather than keeping them out of jail. Under this concept, punishment is the sole instrument of crime control. The yardstick of efficiency of the police is more arrest. b. Modern Concept ~ police service considers the police as an organization of crime prevention. Police service today has broadened its activities to include certain aspects of social service and has for its objective the welfare of the individual as well as that of the society. Under this philosophy, the yardstick of efficiency of the police is the absence of crime. Organizational Titles and Terminologies a. Functional Units 1. Bureau - the largest organic functional unit within a large department. It comprises a number of divisions. 2. Divisi n - a primary subdivision of a bureau 3, Section - functional unit within a division that is necessary for specialization4, Unit ~ functional group within a section, or the smallest functional group within an organization. b. Territorial Units 1. Post ~ a fixed point or location to which an officer is assigned for duty, such as a designated desk or office or an intersection or crosswalk from traffic duty. It is a spot location for general guard duty. 2. Route - a length of streets designated for patrol purposes. It also called LINE BEAT. 3. Beat - An area assigned for patrol purposes, whether foot or motorized 4, Sector - An area containing two or more beats, routes or posts. 5, District - a geographical subdivision of a city for patrol purposes, usually with its own station. 6, Area ~ a section or territorial division of a large city each comprised of designated districts. cc. Other Terminologies 1. Sworn Officer ~ all personnel of the police department who have oath and who possess the power to arrest. 2. Superior Officer ~ one having supervisory responsibilities, either temporarily or permanently, over officers of lower rank, 3. Commanding Officer ~ an officer who is in command of the department, a bureau, a division, an area or a district 4, Ranking Officer ~ the officer who has the more senior rank / higher rank in a team or group. 5, Length of Service - the period of time that has elapsed since the oath of office was administered. Previous active services may be included or added. 6. On duty - the period when an officer is actively engaged in the performance of his duty. 7. Off Duty - the nature of which the police officer is free from specific routine duty. 8, Special Duty - the police service, its nature, which requires that the officer be excused from the performance of his active regular duty. 9. Leave of Absence ~ period, which an officer is excused from active duty by any valid / acceptable reason, approved by higher authorities. 10. Sick Leave - period which an officer is excused from active duty by reason of illness or injury.11. Suspension ~ a consequence of an act which temporarily deprives an officer from privilege of performing his duties as result of violating directives or other department regulations, 12, Department Rules - rules established by department directors/supervisors to control the conduct of the members of the police force. 13. Duty Manual - describes the procedures and defines the duties of officers assigned to specified post or position 14, Order ~ an instruction given by ranking officer to a subordinate 15, Report - usually written communication unless otherwise specifies to be verbal reports; verbal reports should be confirmed by written communications. Lesson 3. Concept of Law Enforcement Organization The Police Department as an Organization Robbins defined an organization as a “consciously coordinated social entity, with a relatively identifiable boundary, that functions on a relatively continuous basis to achieve a common goal or set of goals.” Concept of police organization Police agencies has a bureaucratic structure. the systematic administration of police department is characterized by specialization of tasks and duties, objective qualifications for positions, actions according to rules and regulations and hierarchy of authority. bureaucratization maximizes efficiency A. Organization 1. Social entity—composed of people who interact with each other and other people and other organizations 2. Relatively identifiable boundary—department’s jurisdiction or service population 3, Group of people working together to accomplish a desired goal B, Management 1. Consciously coordinate a police department 2, Must ensure all units work together as opposed to working independently3, Suboptimization—units concentrating on their own objectives without considering the department's overall goals or how it will affect other units’ activities C. Categories of Activity 1. Task performance 2, Facilitating or helping those who perform the tasks 3. Supervising the task performance 4, Personnel a. Line personnel—those who perform fundamental police activities or supervise them b. Staff personnel—those who help line personnel by providing support and assistance c. Supervisors can be line or staff personnel. 5. Instructor's Resource Manual D. Organizational Cooperation 1. Boundaries—the department's goals and the people it serves a. Some goals never change—a department must be adaptive in nature and continually alter its direction as new problems are encountered and new expectations are levied on the police. The Role of the Administrator Administration—the general managing of the organization at the highest levels of an organization. POSDCORB + Planning—the determination of what is to be accomplished (goals) and how it is to be accomplished + Organizing—the application of organizational principles in determining the department's formal organizations, including chain of command, job specialization, and how various units are coordinated+ Staffing—the personnel function, focusing on recruitment, training, placement, and promotion + Directing—manager provide direction to employees in terms of policies and orders + Coordinating—interrelating the numerous component units within the organization to endure goal accomplishment + Reporting—keeping everyone informed regarding operations through verbal and written directives, records, and inspection + Budgeting—fiscal planning, accounting, and control to ensure the department has the resources necessary to pursue goals and objectives ‘A. Organization 1. First component within administration—organization—refers to structuring and staffing, or the placing of people in the department 2. Facilitates the working relationships of personnel and goal attainment 3. Size of the department determines the importance of organization 4, Determine what and how many units need to exist 5, Must be carefully considered to be efficient as possible B. Management 1. Second component within administration—management—refers to the processes administrators, middle managers, and supervisors use to give an organization direction and to influence people to work toward organizational goals 2. Those activities that are designed to induce cooperation and facilitate work 3, Situational necessity often determines what tools the manager will use and how they will be used. C. Management Levels 1. Resembles a military structure with the following management levelsa. Administrators (Chief, Assistant Chief, Majors) b. Commanders or midlevel managers (captains, lieutenants) c. Supervisors (sergeants) 2. Roles of managers changing a. No longer considered taskmasters—concerned solely with work 3, Management perspective is changing into two types of managers. a. People and task orientation b, Mission and goal orientation c. Managers also clarify tasks and guide the employees to function effectively. d. Depth of involvement also gives each a distinct orientation D. Organizational maintenance—those administrative activities that maintain the department's ability to respond to public needs . Included activities are: © Staffing, training, and organizational development Adaptation—the fact that public expectations and needs are constantly changing, requiring the department to change or adapt to these changes How Police Departments Differ from Other Organizations > Police departments differ from all other organizations because only the police possess legitimate arrest power and authority within our society. This responsibility results in police officers performing a variety of tasks and meeting the need for services continuously. + Public organizations exist within a political environment. + Government agencies do not have a profit motive, + Government is involved in the provision of services as opposed to goods. + Existence of bureaucratic governmental rules and regulations stymies creativity and flexibility. + Government has limited, inflexible resources. + Government must answer to its many and diverse citizens. + Government is service oriented, and thus faces five problems that are virtually Non-existent in the manufacturing sector: © Provides an intangible product© Must have built-in flexibility for responding to differing service needs © Has a higher degree of customer participation © Is distinguished by timing ols labor-intensive + Requires a distinctive management style Assessment 1. Identify the various administrative functions or responsibilities in Gulick’s POSDCORB, acronym, 2. What are the differences between administr n, management, and organization? TOPIC 3. The Philippine National Police (Premier Law Enforcement Agency) a. Creation, Powers and functions of the PNP b. Development/evoluttion of the Philippine National Police c. Organizational Structure of the PNP d. Rank and insignias e. Recruitment, training, assignment, placement, performance evalu: separation and retirement in the PNP n, promotion, f. Authority of the Local Chief Executives over the PN g. Relationship of the PNP with other Law enforcement agencies Intended Learning Objective/s: At the end of the semester, the students should be able to © Identify the problems particularly in recruitment, selection, training, appointment, assignment, promotion, transfer, separation and retirement in PNP as the premier law enforcement agency in the country.© Describe the structure and organization of the law enforcement agency. Lesson 1. Creation, Powers and functions of the PNP The People's Revolution of 1986 saw the birth of the 1987 Constitution that included a provision on the PNP which was to be “national in scope and civilian in character.” In 1991, the Philippine National Police was created with the passage of Republic Act No. 6975, otherwise known as the “Department of the Interior and Local Government Act of 1990." The principal authors of the Republic Act 6975 were Senators Ernesto N Maceda and Aquilino Pimentel, Congressmen Jose S Cojuangco Jr. and Rodrigo Gutang. Upon its signing into law on December 13, 1990, the PNP underwent a transitory period; and on 31 March 1991, President Corazon Aquino named General Cesar Nazareno as the first Director General of the Philippine National Police. On January 29, 1991, at Camp Crame, Quezon City, the Philippine Constabulary and the Integrated National Police were retired officially and the Philippine National Police was born. Like any new evolving organization, the PNP suffered from birth pains. To address these concerns, Republic Act 8551 or the PNP Reform and Reorganization Act of 1998 was enacted on February 17, 1998 to amend certain provisions of Republic Act No. 6975. This move was in response to the growing clamor to transform the PNP “into a more responsive, effective and relevant police organization.” Under this Act, the PNP shall be strengthened and evolved into a highly efficient police force that is community and service-oriented and fully accountable in the performance of its action. Lesson 2. PNP ORGANIZATIONAL SET-UP The PNP shall be headed by A Chief, with a rank of Director General, who shall be assisted by two Deputy Chiefs: One for Administration, who happens to be the second in command; and one for Operation who is third in command with a rank of Deputy Director General, The head of the Directorial Staff with the rank of Deputy Director Gener known as Chief of the Directorial Staff of the PNP. The PNP organizational structure is composed of a National Office, Regional Offices, Provincial Offices, district Offices, and City/municipal offices. PNP Staff and Support Units 1. The Chief of PNP has the Rank of Police Director General with a four star rank. He is. assisted by his personal staff composed of: 1. The Inspector General 2. Aide-de-camp3. Command Police Non-commissioned Officer 2. Deputy Chief of PNP for Administration 3. Deputy Chief of PNP for Operations 4. Chief of Directorial Staff + The two deputies and the chief directorial staff have the rank of Police Deputy Director General with a three-star rank. The ten (10) Staff Directorates 1. Directorate for Personnel and Records Management. jon; Recruitment and Placement Division; Personnel Transaction Division; Benefit and Pension Administration Division; Central records Center 2. Directorate for Human Resource and Doctrine Development = Individual Training Program Development Division; Unit Training Program Development Division; General Doctrine Development Division 3, Directorate for Logistics = Logistical Plans and Programs Division; Supply Management Division; Real Property management Division 4. Directorate for Research and Development = Clothing, Weapons, Transportation and Communications Division; Criminalistics Equipment Division 5. Directorate for Comptrollership - Budget Division; Fiscal Division; Accounting Division; Management Division 6 Directorate for Intelligence = Intelligence Operation Division; Counter-Intelligence and Security Division; Foreign Liaison Division; Intelligence Research Division 7. Directorate for Operations Counter-intelligence Division; Law Enforcement Division; Special Operations Division; Statistics and Reporting Division; Operations Center8. Directorate for Plans Plans and Programs Division; Organizational Development Division; Special Projects Development Division 9. Directorate for Police Community Relations Police Community Relations Plans and Programs Division; Public’s Information Division; Community Affairs Division 10. Directorate for Investigation Investigation Division; Case Monitoring Division; Research and Evaluation Division Eight (8) Admir 1. Logistics Support Service rative Support Units Procurement Division; Supply, Distribution & Storage Division; Explosives and Ordinance Division; Transportation and Maintenance Division; Engineering and Repair Division 2. Computer Services Systems Development Division; Computer Operations Division; Data Control Division; Computer Training & Research Division 3. Finance Service Revenue Division; Audit and Control Division; EDP Division; Disbursement Division 4, Medical and Dental Service Medical Services Coordinating Division; Dental services Coordinating Division; Hospitals/Dispensaries 5. Communications Service Installation and Maintenance Division; Facilities Operation and Records 6. Chaplain Service that is created pursuant to NAPOLCOM Resolution No, 92-20 dated 23, July 1992 7. Legal service Legal Assistance Division; Legal Research and Evaluation Division that is created as an additional administrative support unit to serve as the legal arm of the PNP 8, Headquarters Support Service that is created as an additional administrative support Unit to provide general housekeeping and camp security services. Eleven (11) Operational Support Units 1. Crime Laboratory= that is made up of the Physical Science Division; Firearms Identification Division; Document Examination Division; Biology Division; Photography Division; and Special Services Division 2. Maritime Command / Police Unit = shall perform all functions over Philippine Territorial waters and rivers including ports of entry and exit. However, the Chief PNP may task other units for this function, as may be necessary. 3. Aviation Security Command / Unit that, in coordination with airport authorities, shall secure all the country’s airports against offensive and terroristic acts that threaten civil aviation, exercise operational control and supervision over all agencies involved in airport security operations, and enforce laws and regulation relative to air travel protection and safety. 4, Narcotics Command / Unit (absorbed by the PDEA) shall enforce all laws relative to the protection of the citizenry against dangerous and other prohibited drugs and substances. 5. Intelligence Command / Unit shall serve as intelligence and counter- intelligence operation unit of the PNP 6. Special Action Force that shall serve as the mobile strike force or reaction unit to augment regional, provincial, municipal and city police forces for civil disturbance control, counter- insurgency, hostage taking, rescue operations and other special operations 7. Traffic Management Command / Unit -hat shall enforce all traffic laws and regulations to ensure the safety of motorists and pedestrians and attain an orderly traffic. 8. Police Community Relations Command / Civil Relations Unit -that shall implement plans and programs that will promote community and citizen’ participation in the maintenance of peace and order and public safety. Toward this end, the voluntary services of social and civic-spirited individuals or organizations shall be organized and coordinated to ensure a cohesive and effective police community relations program 9. Criminal Investigation Command / Unit that shall undertake the monitoring, investigation and prosecution of all crimes involving economic sabotage, and other crimes of such magnitude and extent as to indicate their commission by highly placed or professional criminal syndicates and organizations.10. Security Command / Police Unit ‘+ that shall provide appropriate security for government officials, visiting dignitaries and private individuals authorized to be given protection , as may be prescribed by the Commission. 11. Civil Security Command ‘+ that is made up of the Firearms and Explosives Division and the Security Agencies/Guards Supervision Division 9.The five (5) district offices of the National Capital Region, each headed by an NCR District Director and assisted by a Deputy District Director 10. The PNP Regional Offices corresponding all regions of the country, each headed by a Regional Director assisted by a Deputy Regional Director 11. The PNP Provincial Offices corresponding to all Regions of the country, each headed by Provincial Director and assisted by a Deputy Regional Director 12. The district Offices that are organized in large provinces with four or more congressional districts, in which case, a police district shall be organized for every two or three congressional districts. A PNP district Office shall be, headed by a District Director under the direct command and control of the Provincial Director 13. The City Police Stations of highly urbanized cities outside of NCR which shall be under the direct command and control of the PNP Regional Director and equivalent to 2 Provincial Office 14. A police Station headed by a Chief of Police which is established in every component city and municipality, under the direct command and control of the Provincial Director or District Director, as the case may be, classified as follows: ‘A. COMPONENT CITIES a. Type “A” for cities with population ranging from 100,000 or more b. Type “B” for cities with population ranging from 75,000 to less than 100,000 c. Type “C” for cities with population of less than 75,000 8. MUNICIPALITIES, a. Type “A” for those with population ranging from 75, 000 or more b. Type “B” for those with population ranging from 30,000 to less than 75,000 c. Type "C” for those with population below 30,000Manning Levels ~ On the average nationwide, the manning levels of the PNP shall be approximately in accordance with a police-to-population ration of one policeman to. every 500 persons. The actual strength of the city or municipal police stations shall depend on the state of peace and order, population density and actual demands of the service in the particular area. Provided, that the minimum police-to-population ratio shall not be less than one policeman to every 1000 persons. Lesson 3. DISCIPLINARY MECHANISM Personnel Discipline in the PNP This refers to the extent of field of learning, training and conditioning of the police; obedience and self-control subject to systems of rules of behaviors in the police service. It is how police personnel cope with the do’s and don'ts within the police organization Imposable penalties in Admi the PNP rative Cases 1, Withholding of privileges Restriction to specified limits Suspension Forfeiture of Salary Reprimand or Admonition Restrictive Custody NOOR enNn Dismissal from service Administrative Offenses that may be imposed against a PNP member 1. Neglect of Duty or Nonfeasance - itis the omission or refusal, without the sufficient excuse, to perform an act or duty, which it was the peace officer's legal obligation to perform; it implies a duty as well as its breach and the fast can never be found in the absence of duty. 2. Irregularities in the performance of duty or misfeasance ~ it is the improper performance of some act, which might lawfully be done. 3. Misconduct or malfeasance - It is the doing, either through ignorance, inattention or malice, of that which the officer had no legal right to do it at all, as where he acts without any authority whatsoever, or exceeds, ignores or abuses his powers. 4, Incompetency ~ It is the manifest lack of adequate ability and fitness for the satisfactory performance of police duties. This has reference to any physical, moral or intellectual quality the lack of which substantially incapacities one to perform the duties of police officers.5. Oppression ~ It imports an act of cruelty, severity, unlawful exaction, domination, or excessive use of authority. The exercise of unlawful powers or other means, in depriving an individual of his liberty or property against his will, is generally an act f oppression. 6. Dishonesty - It is the concealment or distortion of truth in a matter of fact relevant to one’s office, or connected with the performance of his duties. ions of 7. Disloyalty to the Government - It consist of abandonment or renun one’s loyalty to the Government of the Philippines, or advocating the overthrow of the government. 8. Violation of Law ~ this presupposes conviction in court of any crime or offense penalized under the Revised Penal Code or any special law or ordinance Nature of Complaint against PNP members 1. Citizen's Complaint - Any complaint by a natural or juridical person against any PNP member shall be brought before the following: a. 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 15 days; b. 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 16 days but not exceeding 30 days; ¢. People’s Law Enforcement Board (PLEB) - 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 30 days or dismissal. 2. Breach of Internal Discipline - refers to any offense committed by a PNP member affecting order and discipline within the police organization. a. Chiefs of Police or equivalent supervisor may summarily impose the administrative penalties in all cases provided that it does not exceed 15 days. b. Provincial Director or equivalent supervisor may summarily impose the administrative penalties in all cases provided that it does not exceed 30 days. ¢. The Regional Director or equivalent supervisor may summarily impose the administrative penalties in all cases provided that it does not exceed 60 days. 4. The Chief PNP or equivalent supervisor may summarily impose theadministrative penalty of dismissal from service. He may also impose the penalty of admonition or reprimand, restrictive custody, withholding of privileges, suspension or forfeiture of salary,demotion, or any combination thereof for a period not exceeding 180 days. ‘A“minor offense” shall refer to any act or omission not involving moral turpitude, but affecting internal discipline which include but not limited to the following a, Simple misconduct or negligence b. Insubordination ¢ Frequent absences or tardiness d. Habitual Drunkenness e. Gambling prohibited by law. 3. “Forum shopping” or multiple filing complaints - When an administrative case is filed with a police disciplinary authority, no other case involving the same cause of action shall be filed with any other disciplinary authority. Lesson 4. Summary Dismissal Powers a. NAPOLCOM b. PNP Chief c. PNP Regional Director These authorities, 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 evidence of guilt is strong. b. When the respondent is a recidivist or is repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges © when the respondent is guilty of a serious offense involving conduct unbecoming a police officer Absence Without Official Leave (AWOL) as a ground for summary dismissal AWOL refers to the status of any PNP member who absent himself without approvedleave of absence and encompasses but not limited to the following: ‘a. Absence from place of work or assignment without approved vacation leave. b. Failure to report for duty after the expiration of the approved leave of absence c. Failure to give notice to his immediate superior officer of his mobility to work on account of sickness or injury d. Failure to file appropriate application for sick leave @. Abandonment of work or assignment without prior approval of superior officer f. Failure to report to his new assignment within 30 days of receipt of the order of assignment or for reporting to a unit where he is officially assigned. Lesson 2. Development/evolution of the Philippine National Police Spanish Regime 1, The Guardrilleros ~ This was body of rural police organized in each town and established by the Royal Decree of January 8, 1836. This Act provided that 5% of the able-bodied male inhabitants of each province were to be enlisted in this police organization for 3 years 2 Carabineros de Seguridad Publica - This was organized in 1712 for the purpose of carrying out the regulations of the department of state. It was armed with carbines. In 1781, it was given the special commission of government custodian of the tobacco monopoly. By Royal Decree on December 20, 1842, it was organized and called CUERPO DE CARABINEROS DE SEGURIDAD PUBLICA, hence, its duties become police like and more general. 3. The Guardia Civil - this was created by a Royal decree issued by the Crown on February 12, 1852 to partially relieve the Spanish Peninsular troops of their work in policing towns. It was composed mostly of Filipinos. ‘American Occupation 1, November 30, 1980 - creation of Insular Police Force 2. July 18, 1901 - creation of Insular Constabulary by Virtue of Act # 1753. July 31, 1901 ~ Manila Police Department was organized by virtue of Act #183 4, October 3, 1901 - Insular Constabulary was changed to Philippine Constabulary by virtue of Act # 255 5. January 2, 1942 - first element of the Japanese Imperial Army entered manila called KEMPETAL It is on this date that Manila Police department was renamed Metropolitan Constabulary under the Bureau of Constabulary 6. February 7, 1945 - General Macarthur returned to the Philippines and the Battle of Manila ended, Manila Police Department was reconstituted. Important Personalities 1. William Howard Taft - first civil governor of the Philippines Capt. George Curry - first Chief of Police of the Manila Police Department Capt. Columbus E. Piatt - last American Chief of Police of Manila Police Department before the World War II broke out Capt. Henry T. Allen ~ first Chief of Police of the Philippine Constabulary Brig. Gen. Rafael Crame - became the first Filipino Chief of Police of the Philippine Constabulary 6. Col. Antonio C. Torres - first Filipino Chief of Police of the Manila Police Department when it became an all Filipino police organization 7. Col. Marcus Ellis Jones - first Chief of Police of the Manila Police Department upon the liberation of Manila from the Japanese Imperial Army 8, Col, Lamberto T. Jalavera - first Chief of Police of Manila Police Department under the Republican government of then Pres. Roxas Related Laws 1. Republic Act # 4864 (Police Act of 1966) - it was enacted on September 8, 1966 which created the Office of Police Commission which was later called NAPOLCOM 2. Presidential Decree # 765 - it was enacted on August 8, 1975 which created the Integrated National Police and provides for the NAPOLCOM to be under the Office of Ministry of National Defense 3, Republic Act #6040 (Tolentino Law) ~ empowering the Police Commission to give appropriate examinations to officers and members of police force aimed at professionalizing police services. 4, Republic Act #6975 (Department of Interior and Local Government Act of1990) - establishing the Philippine National Police. Enacted December 13, 1990 which abolished the PC-INP and created agencies under the DILG (PNP, BFP, BJMP & PPSC). 5, Republic Act #8551 (PNP Reform and Reorganization Act of 1998) — created on February 25, 1998 which provides for the reformation and professionalization of the PNP. Lesson 3. Organizational Structure of the PNP — foc Figure 1. Types of Police Organizational Structures a. Line Organization The straight line organization, often called the individual, military or departmental type of organization, is the simplest and perhaps the oldest type; but itis seldomencountered in its channels of authority and responsibility extends in a direct line from top to bottom within the structures, authority is definite and absolute. b. Functional Organization The functional organization in its pure form is rarely found in present day organization, except at or near the top of the very large organization. Unlike the line type of structure, those establishments organized on a functional basis violate the prime rule that men perform best when they have but one superior. The functional responsibility of each “functional manger’ is limited to the particular activity over which he has control, regardless of who performs the function. ¢. Line and Staff Organization |s a combination of the line and functional types. It combines staff specialists such as the criminalist, the training officer, the research and development specialist etc. Channels of responsibility is to “think and provide expertise” for the line units. The line supervisor must remember that he obtains advice from the staff specialists. Classification of Line Staff and Auxiliary Functions 1. Line functions ~ are the backbone of the police department which include patrol, investigation and traffic control which is performed by “line members” including patrol officer, sergeant and the chief of police 2. Staff functions ~ are those operations assigned to support the line functions, staff members are necessarily advisors who are typically assigned to planning, research, legal advice and budgeting, Staff members are often civilians with specialized training. The main function is to study police policies and practices and to offer proposals to the chief executive of the department. 3. Auxiliary functions ~ involve the logistical operations of the department including training, communications, jailing, maintenance, record keeping and similar operations. Elements of the Organization SPECIALIZATION - is the assignment of particular workers to particular tasks. Thus, it can be thought of in terms of either jobs or people.HEIRARCHY OF AUTHORITY-Hierarchy represents the formal relationship among superiors and subordinates in any given organization. It can be visualized as a ladder with each rung representing a higher or lower level of authority. Authority is the right to command or control the behavior of employees in lower positions within an organizational hierarchy ‘SPAN OF CONTROL-Span of control is the maximum number of subordinates at a given position that superior can supervise effectively. DELEGATION OF AUTHORITY - Delegation is the conferring o an amount of authority by a superior position onto a lower-level position. The person to whom authori delegated becomes responsible to the superior for doing the assigned job. UNITY OF COMMAND- It means that each employee should have only one supervisor or “boss”. Pri iples of Police Organization a. Principle of Unity of Objectives ~ an organization is effective if it enables the individuals to contribute to the organization's objectives. b. Principle of Organizational Efficiency - Organization efficiency is effective if itis structured in such a way to aid the accomplishment of the organization's objectives with a minimum cost. c. 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. 4d. Functional Principle - refers to division of work according to type, place, time and specialization e. 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 and facilitates capacity. {. Principle of Balance - states the application of principles must be balanced to ensure the effectiveness of the structure in meeting organization's objectives. g. Principle of Delegation by result - states that authority delegated should beadequate to ensure the ability to accomplish expected results. h. Principle 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. i. 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, j, 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. k._ Principle of Flexibility - means that more flexible the organization, the more it can fulfil its purpose Lesson 4. Rank and insignias Rank Classification in the PNP Police Ranks Military ranks A. Commissioned Officers (PCO) Director General (DG) General Deputy Director General (DDG) Lt. General Director (Dir) Maj. General Chief Superintendent(Csupt) Brig. General ‘Senior Superintendent (SSupt) Colonel ‘Superintendent (Supt) Lt. Colonel Chief Inspector (Cinsp) Major Senior Inspector (Sinsp) Captain Inspector (Insp) Lieutenant 2. Non-Commissioned Officers (PNCO) Senior Police Officer IV (SPO IV) Master Sergeant Senior Police Officer Ill (SPO Il) Technical SergeantSenior Police Officer II (SPO II) Staff Sergeant Senior Police Officer | (SPO |!) Sergeant Police Officer Ill (PO Ill) Corporal Police Officer Il (PO I) Private First Class Police Officer | (PO |) Private 3. Cadets of the Philippine National Police Academy are classified above the ‘SPO4 and below Inspector rank in the PNP ‘Star Rank Distribution in the Philippine National Police (1 four stars ~ PNP Director General (3 three stars -1 Deputy Director General for Administration ~1 DDG for Operation -1 DDG Chief of the Directorial Staff (11 )two stars (Director)- 10 Police Directorates - 1 NCR Regional Director (48 Jone star (Chief Supt)- 14 Regional Directors ~16 National Support Directors ~10 deputy staff Directors -5 NCR Deputy Directors -2 NCR Deputy Directors -1 Inspector General Lesson 5. Recruitment, training, assignment, placement, performance evaluation, promotion, separation and retirement in the PNP ‘Standard Policy on Selection and Appointment No person shall be appointed as uniformed member of PNP unless he or she possesses the following minimum qualific 1. Acitizen of the Philippines; 2. Aperson of good moral conduct3. Must have passed the psychiatric, drug and physical tests to be administered by the PNP or by Government hospital accredited by the NAPOLCOM for the purpose of determining physical and mental health 4, Must possess a formal baccalaureate degree form a recognized institution for learning; 5. Must be eligible in accordance with the standards set by the commission (entrance exam and Civil service Exam) ; 6, Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in the government; 7. Musty not have been convicted by final judgment of an offense/crime involving moral turpitude; 8. Height requirement - 5°4” (1.62m) for male and 5°2” (1.57m) for females or 5'2" for males and 5’0” for females under the waiver program 9, Weight requirement ~ must not be more or less 5 kilograms of the standard weight corresponding to his/her height, age and sex. 10. Age requirement - for new applicants, must not be less than 21 years of age at the time of application or more than 30 years of age. ‘+ Except for the age qualification, the above-enumerated qualification shall be continuing in character and an absence of any of them shall be 2 ground for separation or retirement from service. Provided, that the PNP members who are already in the service upon the effectivity of RA 8551 shall be given 5 years to obtain the minimum educational qualification and one years to satisfy the weight requirement. «The PNP by itself or through a government hospital accredited by the NAPOLCOM shall conduct regular psychiatric, drug and physical tests randomly and without a notice. ‘After lapse of the reglamentary period for the satisfaction of a specific requirement, current members of the PNP who shall fail to satisfy any of the requirements enumerated shall be SEPARATED from the service if they are below 50 years of age and have served the government for less than 20 years or RETIRED if they are above 50 years of age and has served the government for at least 20 years without prejudice in either case to the payment of benefits they may be entitled to under ing laws. Lesson 6. Police Appointment Any applicant who meets the general qualifications for appointment to policeservice and who passes the tests required in the screening procedures, shall be recommended for initial appointment and shall be classified as follows: Temporary - if the applicant passes through the waiver program as provided by RA 8551 Probationary ~ if the applicant passes through the regular screening procedures Permanent ~ if the applicant able to finish the required field training program for permanency. Appointment in the PNP shall be affected in the following manner: 1 Private to Master Sergeant ~ appointed by the PNP Regional Director for Regional personnel or by the Chief PNP for National Headquarters’ personnel and attested by the Civil Service Commission (CSC) Lieutenant to Brig, Gen ~ appointed by the Chief PNP as recommended by their immediate supervisor and attested by the CSC. Sr. Supt. to Dep. Gen. - Appointed by the President upon the recommendation of the Chief PNP with the endorsement of the CSC and with confirmation by the Commission on Appointment (CA). Director General - appointed by the President from among the most senior officers down to the rank of Chief Superintendent in the service subject to the confirmation of the Commission on Appointments. Waiver for Initial Appointment to the PNP: a. The age, height and weight and educational requirements for initial appointment to the PNP may be waived only when the number of qualified applicants falls below the minimum annual quota. b. The NAPOLCOM may grant waiver of age, height, weight or educational requirements. ¢. Waiver of age may be granted provided the applicant should not be less than 20 or over 35 years of age. d. Waiver of the height requirement may be granted to male applicant who is at least 1.57m and 1.52m for female applicants; provided that the NAPOLCOM may set a lower height requirement for applicants who belong to cultural minorities duly certified by the Office of Muslim Affairs of the Appropriate Government Entity. Provided, further, that the NAPOLCOM may require said applicant to submit their membershipina certain cultural minority. . An applicant who is granted a weight requirement shall be given reasonable time but not exceeding 6 months within which to comply with said requirements. Waiver of educational requirements may be granted to an applicant who has finished second year college or has earned at least 72 collegiate units leading to a bachelor's degree. Provided that any person who will enter the service without a baccalaureate degree shall be given a maximum of four years to obtain the required educational requirements. Selection criteria under waiver program 1. Applicant who possess the least disqualification shall take precedence over those possess more disqualification. 2. The requirement shall be waived in the following: age, height, weight, education 3. Each application for the waiver must possess special qualification, skills or attributes useful or needed by the PNP. Appointment by Lateral Entry In general, all original appointment for Commissioned Officers (CO) in the PNP shall commenced with the rank of Inspector to include those with highly technical aualifications applying for the PNP technical services, such as dentist, optometrist, 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 services. Graduates of the PNPA shall be automatically appointed to the initial rank of Inspector. Licensed Criminologist may be appointed to the rank of Inspector to fill up any vacancy. Police Training Composition of PPSC a. Philippine National Police Academy (PNPA) b. Fire Service Training Center (FSTC) c. National Police College (NPC) d. Special Training Center Functions of PPSC 1. Formulate and implement training programs2. Establish and maintain adequate training facilities. 3. Conduct an assessment of the training needs of all its clientele 4. Develop and implement research and development to support educational training programs 5. Perform such other function as may be prescribed by the DILG Training Programs A. Basic Recruit Training (6 months) ~ The most basic of all police training which is a pre requisite to permanent appointment. It is conducted to insure uniformity in the standard of instruction and course contents. This course shall not be less than 6 months. A training week shall normally consist of 40 hours of scheduled instructions. B. The PNP Field Training (12 months) Is the process by which an individual police officer who is recruited into the service receives formal instruction on the job for special and defined purposes and performs actual job functions with periodic appraisal on his performance and progress. Under RA 8551, all uniformed members of the PNP shall undergo s field training program involving actual experience and assignment in patrol, traffic and investigation as a requirement for permanency of their appointment. The program shall be for 12 months inclusive of the Basic Recruit Training Course for non-officers and the Officer Orientation Course or Officer Basic Course for officers. C. The In-Service Training Program (Supervisory, Leadership, Management) Appropriate Training Courses for PNP Personnel For patrolman/woman to corporal -Police Basic Course For Staff Sergeant to Master Sergeant -Junior Leadership Course For Senior Master Sgt. Executive and Master Sgt -Senior Leadership Course For Lieutenant -Officers Candidate Course For Captain -Officers Basic Course For Major -Officers Advance Course For Lt Col to Colonel -Officers Senior Executive Course For Brig General to Gen. -General Staff Course-MNSA or Allied Related Master’s Degrees PNP Appraisal System Appraisal refers to the process of measuring the performance of PNP members. It is also known as “Performance Evaluation System”. The Performance Evaluation in the PNP is focused on two areas: administrative (40%), and operational (60 %). It is conducted once every 6 months or twice a year. Promotion System in the PNP Promotion is a system of increasing the rank of member of the police service. Under the law, the NAPOLCOM shall establish a system of promotion for uniformed and non-uniformed members of the PNP, which shall be based on 1, Merit ~ includes length of service in the present rank and qualifications 2. Seniority - least consideration in promotion 3. Availability of vacant position The promotion shall be gender fair, which means women in the PNP, shall enjoy equal ‘opportunity for promotion as that of men. Preference for Promotion 1. Appropriate Eligibility 2. Competency and Vacancy 3. Seniority Kinds of Police Promotion 1. Regular Promotion -promotion through attainment of the required period of time that a police officer should stay in one rank before being promoted to the higher rank (time-in-grade) Time-In-Grade in the PNP/Modified 1 year as Patrolman/woman to Police corporal 1 year as Police Corporal to Police staff Sergeant 2 years as Police Staff Sergeant to Police Master Sergeant2 years as Police Master Sergeant to Police Senior Master Sergeant 2 years as Police Senior Master Sergeant to Police Chief Master Sergeant 2 years as Police Chief Master Sergeant to Police Executive Master Sergeant 3 yeers as Police Executive Master Sergeant to P/Lieutenant 3 years as Police Lieutenant to Police Capt. 3 years as Police Capt. to Police Major 3 years as Police Major. To Police Lt. Colonel 3 years as Police Lt. Col. To Police Colonel Promotion by Virtue of Exhibited Acts (Special Promotion) Promotion by Virtue of Position ‘Any PNP member designated to any key position whose rank is lower than which is required for such position shall, after 6 months of occupying the same, be entitled to a promotion, subject to the availability of vacant positions. Provided, that the member shall not be reassigned to a position calling for a higher rank until after two years form the date of such promotion. Provided further, that any member designated to the position who does not possess the established minimum qualifications thereof shall occupy the same for not more than 6 months without extension PNP Attrition System Attrition by Attainment of Maximum tenure of PNP members holding key positions as prescribed herein: Position Maximum Tenure PNP Chief 4 Years PNP Dep. Director 4 Years Director for Staff Service 4 Years Regional Directors 6 Years Provincial/City Director 9 Years 1. Attrition by Relief - A PNP uniformed personnel who has been relieved for just cause and has not been given an assignment within 2 years after such relief shall be retired or separated 2. 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 18 months after such demotion in position shall be retired or separated. 3, Attrition by Non-promotion ~ Any PNP personnel who has not been promoted for a continuous period of 10 years shall be retired or separated. 4. Attrition by other means - A PNP member or officer with at least 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 2 consecutive annual rating periods; b. Inefficiency based on poor performance for 3 cumulative annual rating periods; . Physical and/or mental incapacity to perform police functions and duties; d. Failure to pass the required entrance examinations twice and/or finish the required career courses except for justifiable reasons. Any personnel of the PNP who is dismissed pursuant to attrition shall be retired if he or she has rendered at least 20 years of service and separated if he or she has rendered less than 20 years unless the personnel is disqualified by law to receive such benefits PNP Assignment- the process of designating a police officer at a particular function, duty or responsibility. Power to make designation and assignments: The Chief PNP, Regional Director and Chief of Police can make designation or assignment of members in the police force in their respective levels. They shall have the power to make designations and assignments as to whom among his police officer shall head and constitute various offices and units of the police department. PNP Benefits and Privileges The uniformed members of the PNP are considered employees of the National Government and draw their salaries there from. They have the same salary grade that of a public school teacher, PNP member assigned in Metropolitan Manila, Chartered Cities and first class municipalities may be paid financial incentives by the local government unit concerned subject to the availability of funds Benefits and Privileges 1. Incentives and Awards - The DILG shall promulgate standards on incentives and award system in the PNP administered by the Board of Incentives and Awards. Awards may be in the form of decorations, service medals and citation badges or in monetary considerations.Authorized decorations are: a. Police Medal of Valor b. Police Medal of Merit c. Wounded Police Medal d. Police Efficiency Medal e. Police Service Medal f. Police Unit Citation badge Posthumous Award - in case an individual who distinguish himself dies before the granting of the awards. 2. Health and Welfare 3. Longevity Pay and Allowances ~ Under RA 6975, PNP personnel are entitled to longevity pay of 10% of their basic monthly salaries for every five years of, service but the totality of such longevity pay does not exceed 50% of the basic pay. However, they also continue to enjoy the: a. Subsistence allowance b. Quarter allowance ©. Clothing allowance d. Cost of living allowance e. Hazard pay f Others 4, Retirement Benefits - There is a monthly retirement pay of 50% of the base pay and longevity pay of the retired grade in case of 20 years of active service, increasing by 2.5% for every year of active service and rendered beyond 20 years to maximum of 90% for 36 years of service and over. Payment of the retirement benefit in lump sum is made within 6 months from effectivity date of retirement and/or completion. Retirement pay of PNP members is, subject of adjustment based on prevailing scale of base pay of Police personnel in the active service. 5. Permanent Physical Disability - A PNP member who is permanently and totally disabled as a result of injuries suffered or sickness contracted in the performance of duty as certified by the NAPOLCOM, upon finding and certification of a medical officer, that the extent of disability or sickness render such member unfit or unable to further perform the duties of his/her position,is entitied to a gratuity pay equivalent to a one years salary and to a lifetime pension equivalent to 80% of his/her last salary, in addition to other benefits as provided by existing laws. 6. Early retirement Benefit — A PNP member at his or her own request and with the approval of the NAPOLCOM, retire from the police service and he paid separation benefits corresponding to a position 2 ranks higher than hi/her present rank, whether temporary or permanent subject to conditions: Police Inspection The Inspecting officer shall examine, audit, inspect police agencies in accordance with existing standards and with the following objectives: 1. To take note or discover defects and irregularities 2. To effect corrections on minor defects being discovered 3. To bring to the attention of and recommend to the concerned officers for appropriate actions on defects noted. INTERNAL AFFAIRS SERVICE An Internal Affairs Service (IAS) of the PNP created under RA 8551 shall have the following functions and powers. 1, Pro-actively conduct inspections and audits on NP personnel and units; 2. Investigate complaints and gather evidence in support of an open investigation; 3. Conduct summary hearings on PNP facing administrative charges; 4, 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; 5. Fie appropriate criminal cases against PNP members before the court as evidence warrants and assist in the prosecution of the case; 6. provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP The IAS shall also conduct motu propio, automatic investigation of the following cases1. incidents where a police personnel discharges a firearm 2. incidents where death, serious physical injury, or any violation of human rights occurred in the conduct of police operations 3. incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of personnel 4, incidents where a suspect in the custody of the police was seriously injured 5. incidents where the established rules of engagement have been violated 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. Lesson 6, PARTICIPATION OF LOCAL EXECUTIVES IN THE ADMINISTRATION OF THE PNP. Section 51. Powers of Local Government Officials Over the PNP Units or Forces. Governors and mayors shall be deputized as representatives of the Commission in their respective territorial jurisdiction. As such, the local executives shall discharge the following functions: (a) Provincial Governor (1) Power to Choose the Provincial Director. The provincial governor shall choose the provincial director from a list of three (3) eligible recommended by the PNP regional director. (2) Overseeing the Provincial Public Safety Plan Implementation. ‘The governor , as chairman of the provincial peace and order council, shall oversee the implementation of the provincial public safety plan, which is prepared taking into consideration the integrated community safety plans, as provided under paragraph(b) (2) of this section. (b) City and Municipal Mayors ‘A. Operational Supervision and Control. The term “operational supervision and control” shall mean the power to directs superintend, oversee and inspect the police units and forces. It shall include = the power to employ and deploy units or elements of the PNP shall mean as follows: “Employ” refers to utilization of units or elements of the PNP for purposes of protection of lives and properties etc."Deploy" shall mean the orderly organized physical movement of elements or units of the PNP within the province, city or municipality for purposes of employment as herein defined. RA. 6975 Page 17 of 27 http.//www lawphil net/statutes/repacts/ra1990/ra_ 6975 _1990 html 2/3/2009 B, Integrated Community Safety Plans. The municipal/city mayor shall, in coordination with the local peace and order council of which he is the chairman pursuant to Executive Order No. 309, as amended It shall, likewise, be the duty of the city or municipal mayor to sponsor periodic seminars for members of the PNP C. Administrative Disciplinary Powers. In the areas of discipline, city and municipal mayors shall have the powers to impose, after due notice and summary hearings, disciplinary penalties for minor offenses committed by members of the PNP assigned to their respective jurisdictions, as provided in Section 41 of this Act. D. Other Powers. > Authority to choose the chief of police from a list of five (5) eligible recommended by the provincial police director, preferably from the same province, city or municipality, » Authority to recommend the transfer, reassignment or detail of PNP members outside of their respective city or town residences; and > Authority to recommend, from a list of eligible 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 appointment shall be attested 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: * Frequent unauthorized absences; * Abuse of authority; * Providing material support to criminal elements; or+ 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, motu propio or upon the recommendation of the National Police Commission, restore such power withdrawn from any local executive. Lesson 7. Relationship of the PNP with other Law enforcement agencies THE PNP LINKAGES WITH OTHER LAW ENFORCEMENT ORGANIZATIONS. Domestically, the PNP is linked with the other law enforcement agencies through the National Law Enforcement Coordinating Committee (NALECC). This body convenes regularly to foster cooperation and coordination among all law enforcement agencies in the country. It also supports several law enforcement agencies like the Philippine Center for Transnational Crimes (PCTC) and the Philippine Drug Enforcement Agency. It is also linked with the International Enforcement Community thru the INTERPOL, with the head of the PCTC as the Secretariat, and the Chief PNP as the Chief of the National Central Bureau and a member of the ASEAN Chiefs of Police or ASEANPOL, and a partner of the United Nations Center for International Crime Prevention (UNCICP). RELATIONSHIP OF THE PNP TO THE DILG Pursuant to Republic Act No. 6975 as amended by Republic Act No. 8551, The PNP in under the admi ative control and operational supervision of the National Police Commission. Meanwhile, the NAPOLCOM is an attached agency of the Department of the Interior and Local Government for policy and program coordination. The Secretary of the Interior and Local government is mandated to be the Ex- Officio Chairman of NAPOLCOM. ‘THE PNP RELATIONSHIP WITH THE AFP The PNP and AFP complement each other on their pursuit to suppress insurgency, and other serious threats to national security and in times of national emergency prescribed pursuant to Section 12 of Republic Act 8551 Consequently, there are also governing relationships between them as follows: 1, The PNP enforces laws and ordinances and performs statutory functions while the AFP exercises primary responsibility on matters involving suppression of insurgency and other serious threats to national security. 2. The PNP provides assistance to the AFP in insurgency ~ affected areas while the AFP is also responsible for the integrated territorial defense system, 3. The PNP assists the AFP for the dispositive action on arrested, captured or surrendered insurgent within the prescribed reglementary period.4, The PNP provides assistance to the AFP in the arrest of suspected insurgents with standing warrants of arrest, and 5. The PNP and the AFP maintain close intelligence coordination and exchanges and share each other's accomplishments of their respective mission and functions. Assessment 1. What are the qualification of those who passed the screening test for appointment in the PNP service? 2. What is the distinction between line and staff personnel? 3. What are the classification of Line Staff and Auxiliary Functions? 4, What are the power of the Local Executive over the PNP? The National Police Commission Creation, Powers and functions of the National Police Commission s Organizational Structure c. Recruitment, training, assignment, placement, performance evaluation, promotion, separation and retirement in the PNP Relationship with other law enforcement agenciesAt the end of the semester, the students should be able to: ©. Identify the problems particularly in recruitment, selection, training, appointment, assignment, promotion, transfer, separation and retirement in the National Police Commission ©. Describe the structure and organization of the law enforcement agency. Topic 1. Creation, Powers and functions of the National Police Commission Lesson 1. 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 + 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 Lesson 2. Powers and Functions of the Com The Commission shall exercise the following powers and functions: * Exercise administrative control over the Philippine National Police ‘+ Advise the President on all matters involving police functions and administratio ‘+ Foster and develop policies and promulgate rules and regulations, standards and procedures to improve police services based on sound professional concepts and principles ‘+ Examine and audit, and thereafter establish the standards for such purposes on a continuing basis, the performance, activities, and faci of all police agencies throughout the country; + Prepare a police manual prescribing rules and regulations for efficient organization, administration, and operation, including recruitment, selection, promotion and retirement; Establish a system of uniform crime reporting;Conduct surveys and compile statistical data for the proper evaluation of the efficiency and effectiveness of all police units in the country; Render to the President and to Congress an annual report on its activities and accomplishments during the thirty (30) days after the end of the calendar year, which shall include an appraisal of the conditions obtaining in the organization and administration of police agencies in the municipalities, cities and provinces throughout the country, and recommendations for appropriate remedial legislation; Approve or modify plans and programs on education and training, logistical requirements, communications, records, information systems, crime laboratory, crime prevention and crime reporting; 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; Exercise appellate jurisdiction through the regional appellate boards over (R.A. 6975 Page 3 of 27) http://www lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html 2/3/2009 administrative cases against policemen and over decisions on claims for police benefits; () Recommend to the President, through the Secretary, within sixty (60) days before the commencement of each calendar year, a crime prevention; Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the Philippine Heraldy Commission, for insignia of ranks, awards and medals of honor; Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its own powers and duties, and designate who among its personnel can issue such processes and administer oaths in connection therewith; and Perform such other functions necessary to carry out the provisions of this Act and as the President may direct. Lesson 3. Organizational Structure ‘The Commission shall consist of the following units: * Commission Proper. This is composed of the offices of the Chairman and the four (4) commissioners.( RA. 6975 Page 4 of 27 http://www lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html 2/3/2009)‘© Staff Services. The staff services of the Commission shall be as follows: © The planning and Research Service, © The Legal Affairs Service, © The Crime Prevention and Coordination Service, © The Administrative Service,; © The Inspection and Monitoring Service ‘+ The Installations and Logistics Service, * Disciplinary Appellate Boards. © The Commission shall establish a formal administrative disciplinary appellate machinery consisting of the National Appellate Board and the regional appellate boards. ©. The National Appellate Board shall decide cases on appeal from decisions rendered by the PNP chief, © while the regional appellate boards shall decide cases on appeal from decisions rendered by officers other than the PNP chief, the mayor, and the People Law Enforcement Board (PLEB) created hereunder. Lesson 4. Qualifications. No person shall be appointed regular member of the Commission ‘+ Hes at least thirty-five (35) years of age; ‘+ Amember of the Philippine Bar or a holder of a master’s degree in public administration, business administration, management, sociology, criminology, law enforcement, national security administration, defense studies, and other related discipline; and © Has had experience in law enforcement work for at least five (5) years. Assessment 4.WHAT IS REPUBLIC ACT NO. 8551?