You are on page 1of 29

LEA I

• What is Law Enforcement?- is any system by which some


members of government act in an organized manner to
enforce the law by discovering, deterring, rehabilitating, or
punishing people who violate the rules and norms governing
that society.
• What is Law Enforcement Administration?-refer to
administering or managing the enforcement of law in order
to ensure its observance or obedience for the common go
Evolution of Law Enforcement Administration and Police
• Pre-Spanish Period
1. Kin System- it is the practice of the barangay chieftains of the tribe
(clan) to select able-bodied young men to protect the tribe members
or the barangay during the night.
2. Nightmen or Bantayans- it was organized in the year 1500s to patrol
the streets of Manila. The Nightmen were under the direction of the
Alguacil Mayor who provided them with muskets as weapons and
alarm bells as their means of communication.
Spanish Period: Colonial Philippines
1. Guardia Civil (1868)- it is adjuncts of the colonial military
establishment with members performing the dual function of
policemen and soldiers.
• The auxiliary law enforcement agencies are:
a) Cuadrilleros ( Jan. 8, 1836) - it was a rural police organization formed by direct
levies on the able-bodied male (5%) inhabitants of each province. Its duty was
to maintain public security and order.
• Cuerpo de Carabineros de Seguridad Publica (December 20, 1842)- it
was largely custom police with special port, harbor, and river duties
American Period
1. Philippine Constabulary (PC) or Insular Police ( August 18, 1901). It was a
gendarmerie-type police force of the Philippines from 1901-1991. It was
created by the American colonial government to replace the Spanish
colonial Guardia Civil by Act No. 175 of the Second Philippine Commission
(Taft Commission). PC became the backbone of the Philippine Army by
virtue of National Defense Act of 1935 passed by the Philippine National
Assembly on December 21, 1935.
2. Local Police Forces (1938)
a) Municipal Police Forces- Mayors (Governors) were charged with direct responsibility
for the efficient operation of the municipal police force with the enforcement of law
in their respective cities or municipalities.
b) Provincial Police Forces- Governors exercise supervision over the provincial police and
the constabulary was generally understood to be the senior partner in the law
enforcement
Philippine Constabulary during the World War II
1. Japanese Military Police- it was also known as Kempetai or Kenpeitai, it was
the main law enforcement agency the the imperial Japanese government
in the Philippines. Its headquarters were located at Fort Santiago, Manila. It
issued orders and directives as to the conduct and business of individuals
and groups meted out drastic punishment for the violation of its orders.
2. Philippine Constabulary: Reconstituted ( February 27, 1942). The Bureau of
Constabulary and Police was charged of the preservation of law and order
in the Philippines, it had control of the organization and activities of all
police forces.
• Bureau of Investigation- was created during the Puppet Government in June
10, 1944 by Jose P. Laurel. Its function was to make investigations of all
government employee and police officers and to “ indict all extremists” and
to “ prevent activities against the country.
After the World War II
1. Police Commission (POLCOM)- it was established in August 8, 1966 by
virtue of RA 4864 or the Police Act of 1966 with the purpose of achieving
and attaining a higher degree of efficiency in the organization,
administration, and operation of local police agencies with the end in view
that peace and order may be maintained more effectively and the laws
enforced with more impartiality. The POLCOM was reorganized as National
Police Commission ( NAPOLCOM) in 1972.
• Integrated National Police (INP). established in August 8, 1975 by authority
of P.D 765 integrating the police, fire and jail services into a unified national
police and civil defense formation. The Decree further officially established
the joint command structure of PC and INP. The became known as
Philippine Constabulary-Integrated National Police (PC-INP) place under the
Department of National Defense.
Tri-Bureau of the Department of the Interior
and Local Government
1. PNP (December 13, 1990)- was created by RA. 6975 (an act establishing the PNP
under a Reorganize Department of the Interior and Local Government). it was
national in scope and civilian in character police force. It was later amended by
R.A. 8551 in February 25, 1998 which lead to its reformation and reorganization.
Moreover R.A. 6975 also incorporated the Bureau of Fire Protection and Bureau
of Jail Management and Penology.
2. BFP- responsible for the prevention and suppression of all destructive fire on
buildings, houses and other structures, forest, land transportation vehicles and
others. It enforce the Fire Code and other related laws, it also investigates all
causes of fires and file the proper complaints with the city or provincial
prosecutor who has jurisdiction over the case.
• Bureau of Jail Management and Penology- exercise supervision over all city and
municipal jails and control over all city and municipal jails.
What is Policing? It refers to the activities carried out by the police
officer in order to preserve law and order or the actions of a person or
group in authority in order to ensure fairness and legality in an area of
public life.
• Policing Approaches or Models
1. Reactive Policing- it is sometimes known as the Fire Brigade Policing or Incident Driven Policing.
This policing involves following up on civilian calls notifying problems. Central to this police
strategy is routine patrolling.
2. Proactive Policing- it is the practice of deterring criminal activity by showing police presence and
engaging the public to learn their concerns, thereby preventing crime from taking place in the first
place. In contrast, responding to a complaint after a crime has been committed is reactive
policing.
3. Problem-Oriented Policing- this policing identifies a repeated problem and then setting out to
devise a solution. This can involve traditional reactive techniques, but may also require innovative
and cross-institutional work or be tied to community policing initiatives.
4. Evidenced-based Policing- this policing tries to seriously evaluate policing activity and perhaps
using properly designed trails to see “ what works” to reduce crime or to respond to community
needs. Proponent suggest tat evidenced-based policing can see existing practices and routines
subject to scrutiny, better resource accountability and changed enabled. Further it seeks to
improve policing efficiency by formulating policy on the basis of the outcomes of evaluation of
research.
5. Intelligence-led Policing (ILP)- is a policing model built around the
assessment and management of risk. Intelligence officers serve as guides to
operations, rather than operation guiding intelligence.
6. Team Policing- this approach emphasized the delivery of round the clock
decentralized patrol services by a team of officers usually under the direction
of a sergeant or lieutenant, in a specific geographic area. Team commoners
where responsible for conditions in the patrol area, regardless of whether
they were on duty. Deployment decisions were made in consultation with
local leaders and residents. The fixed territorial responsibility of the teams, ti
was hoped, would break down barriers between residents and police, enable
police to provide services tailored to the needs of residents, and improve the
job satisfaction of police officers.
7. Community Oriented Policing (CP/COP)- also called as Neighborhood
Policing, it emphasizes proactive enforcement that proposes street crime
which can be reduced through greater community involvement and
integration between citizens and police.
7. Zero-Tolerance Policing- it is one which imposes strict punishment for
infractions of a stated rule, with the intention of eliminating undesirable
conduct.
8. Predictive Policing. It refers to the usage of mathematical, predictive
analytic s, and other analytical techniques in law enforcement to
identify potential criminal activity.
Luther Gulick’s Responsibilities of Police Administrators
1. Planning -it is the determination of what is to be accomplished and how it is to be
accomplished.
2. Organizing- it is the application of the organizational principles in determining the
department’s formal organization, including the chain of command, job
specialization and how various units are coordinated.
3. Staffing- it is the personnel function, particularly focusing in recruitment, training,
placement and promotion of competent, qualified applicants.
4. Directing- it is where managers provide direction to employees in terms of
policies and orders.
5. Coordinating - it is the task of interrelating the numerous competent units within
the organization to ensure goal accomplishment.
6. Reporting- it is the task of keeping everyone informed regarding operation
through verbal and written directive, records and inspection.
7. Budgeting- it is the task of fiscal planning, accounting, and control to ensure that
department has the resources necessary to pursue goals and objectives.
The Philippine National Police
• The PNP is the primary law enforcement agency in the country. It shall be a community
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.
• Legal Bases of PNP
1. 1987 Philippine Constitution, Article XVI, Section 6. The State shall establish and maintain
one police force, which shall be national in scope and civilian in character, to be
administered and controlled by a National Police Commission (NAPOLCOM).
2. Republic Act 6975. An act Establishing the Philippine National Police under a Reorganized
Department of the Interior and Local Government and other purposes or DILG Act of
1990.
3. Republic Act 8551. An act Providing for the Reform and Reorganization of the Philippine
National Police, or Philippine National Police Reform and Reorganization act of 1998.
• Republic Act 9708. An act Extending for 5 years the Reglementary Period for complying
with the minimum educational qualification for appointment to the PNP and adjusting the
Promotion system.
The National Police Commission

Is created for the purpose of effectively discharging


the functions prescribed in the 1987 Philippine Constitution
and provided in the R.A. 8551. The commission shall be an
agency attached to the DILG for policy and program
coordination.

Composition of the NAPOLCOM

1. It shall be composed of 1 Chairperson


2. Four Regular Commissioners
The chief of PNP as Ex-officio Member of the commissio
The PNP Badge, Symbolism and Meaning

1. Philippine Eagle -it represents the Philippine


national bird symbol of swiftness, power,
courage and immortality.
2. Three stars -stand for Luzon, Visayas and
Mindanao
3. Shield- it symbolizes of protection of all citizens
4. Sun with Eight rays - it derived from the
Philippine national flag to which the eight (8) rays
represent the eight provinces whose ideals of
scourge, gallantry and patriotism led to their
revolt against Spain.
5. Lapu Lapu- it symbolizes the bravery of the PNP.
6. Scroll with inscription -it represents the PNP ’s
motto: Service, Honor and Justice.
7. Laurel Leaves -it symbolizes the competency,
brilliance and honor expected from each and
every member of the PNP.
8. Philippine National Police Inscription-it depicts the identity of solidarity
Serial Number-it represents the serial number of the police officer
PNP Ranks

Previous Rank Latest Rank Equivalent (2019) PNP Insignia


Director General Police General 4 Star
Deputy Director General Police Lieutenant General 3 Star
Director Police Major General 2 Star
Chief Superintendent Police Brigadier General 1 Star
Senior Superintendent Police Colonel Sampaguita flower
Superintendent Lieutenant Colonel Sampaguita flower
Chief Inspector Police Major Sampaguita flower
Senior Inspector Police Captain Anahaw leaf/leaves
Inspector Police Lieutenant Anahaw leaf/leaves
Senior Police Officer IV Police Executive Master Sergeant Curve lines (facing upward) and open brace curly (facing downward)and
star at the center.

Senior Police Officer III Police Chief Master Sergeant Curve lines (facing upward) and open brace curly (facing downward)

Senior Police Officer II Police Senior Master Sergeant Curve lines (facing upward) and open brace curly (facing downward)

Senior Police Officer I Police Master Sergeant Curve lines (facing upward) and open brace curly (facing downward)

Police Officer III Police Staff Sergeant 3 Curve lines


Police Officer II Police Corporal 2 Curve lines
Police Officer I Patrolman/Patrolwoman 1 Curve lines
• Police to Population ratio in the City or Municipal Police Station
1. On the Average-1:500
2. Minimum-1:1000
3. Higher Minimum:this is applicable to urban areas as may be
prescribed by regulations.
• Note: Promotion shall be based on the availability of vacant position in the PNP staffing
pattern, shall be gender fair and shall ensure that women shall enjoy equal opportunity for
promotion as the of men.
a) Kinds of Promotion
i. Regular Promotion- it refers to the promotion to the next higher rank grant to any uniformed personnel who passed the
minimum qualification standard.
1. Second Level Promotion- promotion form the rank of Patrolman to Police Lieutenant Colonel.
2. 3rd Level Promotion-from the rank of Police Colonel up to Police General.
ii. 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 be reassigned to a position calling for a higher rank until
after two (2) years fro the date of such rank adjustment. Provided further, that nay personnel designated to the position
who does not possess the established minimum qualification therefor shall occupy the same temporarily for not more
than six(6) moths without reapportionment or extension.
iii. Special promotion or meritorious promotion-it refers to the promotion to the next higher rank granted to any uniformed
personnel who has exhibited act of conspicuous courage and gallantry at the risk of his/her life above and beyond the
call of duty.
1. Spot Promotion- is a special promotion conferred by the President of the Republic of the Philippine which shall be exempted from
the validation of NAPOLCOM.
2. Posthumous Promotion-it is special promotion given for act of heroism exhibited in the face of an armed enemy or in the conduct of
rescue/disaster operations resulting in the loss of life.
• Note: only police officer in the second level ( from the rank of Police
Patrolman/Patrolwoman to Police Lieutenant Colonel shall be granted special promotion.
A. Attrition-refers to the retirement or separation form the police service of PNP uniformed
personnel.

1. Attrition by Attainment of Maximum Tenure in Position


Position Maximum Tenure
Chief PNP 4 years
Deputy Chief 4 years
Director of the Staff Services 4 years
Regional Directors 6 years
Provincial/City Directors 9 years
1. Attrition by Relief- uniformed personnel who ha been relieved for just cause and has not
been given an assignment within 2 year after such relief shall be retired or separated.
2. Attrition by Demotion in Position or Rank- any PNP personnel, 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 with a least 5 years of accumulated active
service shall be separated based on any of the following factors:
a) Poor performance during last 2 successive annual rating periods.
b) Poor performance for 3 cumulative annual rating periods.
c) Physical and mental incapacity
d) Failure to pass the required entrance examination twice or finish the required career courses
except for justifiable reasons.
e) Failure to take periodic PNP Physical Fitness Test without justifiable reasons.
f) Failure to take periodic PNP Physical Fitness test for 4 consecutive periodic test due to health
reasons.
A. Retirement -refers to the withdrawal from occupation or position, especially upon
reaching a certain age.
• Kinds of PNP Retirement
1. Compulsory Retirement
a) Compulsory Retirement Due to Age- Attainment of compulsory retirement age of fifty-six (56).
b) Compulsory Retirement by Reason of Physical Disability- an officer or non-officer who, having
accumulated at least 20 years of active service,, incurs total permanent physical in line of duty
shall be compulsory retire.
c) Compulsory Retirement Due to Missing in Action (MIA)- any uniformed personnel who while in the
performance of duty or by reason of his being an officer or member of the PNP, is officially
confirmed mission in action, kidnapped or captured by lawless element 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 MIA 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 upon the recommendation of the
proper authority and or immediate supervisor, subsequently determine that the officer or
uniformed member concerned has been absent from duty without authority, such member of his
heirs shall reimburse the PNP all such amount and allowances received by him.
i. Payment of Salary and Allowances to the Heirs of Uniformed Personnel
ii. Finding of Death and Termination of Payment of Salary and Allowances.
2. Optional Retirement. It applies to any PNP member who, upon accumulation of at least
20 years of satisfactory service, at his own request and with the approval of the
commission, shall be retired from the service and entitled to receive benefits as
provided by law.
A. Citizens’ Complaints
a) Chiefs of Police- where the offense is punishable by withholding of privileges,
restriction to specified limits, suspension or forfeiture of salary or nay
combination thereof, for a period not exceeding 15 days.
b) Mayors of Cities and Municipalities- for period of not less than 16 day but not
exceeding 30 days.
c) People’s Law Enforcement Board (PLEB)-for a period exceeding 30 days or by
dismissal.
A. Internal Discipline- on dealing with minor offense 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. All breach of internal discipline should be filed to the following:
a) Chiefs of Police or equivalent supervisors-may summarily impose the administrative punishment of
admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of
salary or suspension; or any of the combination of the foregoing provided that in all cases, the
total period shall not exceed 15 days.
b) Provincial directors or equivalent supervisors- the total period shall not exceed 30 days
c) Police regional directors or equivalent- shall have the power to impose upon any member
punishment of dismissal from the service. He may also impose the administrative punishment of
admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of
salary or suspension; or any of the combination of the foregoing provided that in all cases, the
total period shall not exceed 60 days.
d) Chief of PNP- shall have the power to impose punishment of dismissal from the service,
suspension or forfeiture of salary or any combination thereof for a period not exceeding 180 days
provided, further that the chief of the PNP shall be the authority to place police personnel under
restrictive custody during the pendency of a grave administrative case filed against him or even
after the filing of a criminal complaint, grave in nature against such police personnel.
Powers and Functions of IAS
•Pro-actively conduct inspections and audits on PNP personnel and units
•Investigate complaints and gather evidence in support of an open
investigation.
•Conduct summary hearing on PNP members facing administrative
charges
•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.
•File appropriate criminal cases against PNP members before the court
as evidence warrants and assist in the prosecution of the case.
Provide assistance to the Office of the Ombudsman in cases involving
the personnel of PNP.
• Award-refers to anything tangible granted to an individual in recognition of
acts of gallantry or heroism, meritorious service or skill and proficiency.
A. Operational Awards
1. Medalya ng Kagitingan (PNP Medal of Valor)
2. Medalya ng Kabayanihan (PNP Distinguished Conduct Medal)
3. Medalya ng Katapatan sa Paglilingkod (PNP Distinguished Service Medal)
4. Medalya ng Katapangan ( PNP Bravery Medal)
5. Medalya ng Katangitanging Gawa ( PNP Outstanding Achievement Medal)
6. Medalya ng Pambihirang Paglilingkod (PNP Special Service Medal)
7. Medalya ng Kadakilaan ( PNP Heroism Medal)
8. Medalya ng Katangitanging asal (PNP Outstanding Conduct Medal)
9. Medaly ng Papuri ( PNP Commendation Medal)
A. Role of PNP in Cri me Prevention- PNP adopted crime prevention strategies that are
responsive to the needs of the community for public safety and security.
a) What is crime Prevention?- it means to prevent the commission of crimes by adopting
measures that lead to the early detection, deterrence or denial of a crime.

Elements of Crime

1. Motive- the reason or intent of an individual


to commit a crime
2. Opportunity- the chance for an individual to
commit a crime at the given space and time.
3. Means-the ability of an individual to commit a
crime
A. Role of PNP in Crime Solution- the primary role of the PNP in crime solution
is the conduct of investigation.
a) What is crime solution? - crime solution is the act of investigating the crime leading
to the prosecution of its perpetrators.
• A crime/case is considered “solved” when;
1. The offender has been identified
2. The offender has been charged based on evidence
3. The offender has been taken into custody
4. The offender has been charged before the prosecutor’s office
5. Elements beyond police control prevent the arrest of the offender, as when
the victim refuses to prosecute or the death of the offender
6. Arrest of one offender can solve several crimes or offenders may be
arrested in the process of solving crime.
• A crime is considered “cleared “when:
1. At least one of the offenders has been identified
2. There is sufficient evidence to charge the offender
3. The offender has been charge in court.
A. Crime Reporting of the PNP- it is the act of reporting a crime committed by
the victim or concerned citizens to the police and other similar law
enforcement agencies/institutions.
a) Crime volume. The number of crime incidents committed in a given area over a period
of time which include index and non-index crimes.
b) Index crime- are crimes which are serious in nature and which occur with sufficient
frequency and regularity such that they serve as an index to the crime situation.
c) Non-index crime- are violations of special laws such as illegal logging or local
ordinances.
d) Crime rate- the number of crime incidents in a given period of time for every, 100,000
inhabitants of an area.
e) Average Monthly Crime rate- crime rate divided into the number of months in a year.
• The Peace and Order Council is reorganized on the national, regional, provincial, city and municipal
levels of government constituted as follows:
1. The National Peace and Order Council (NPOC)
a) To contribute to the strategies of the National Security Council that would effectively respond to peace and
order problems.
b) To coordinate and monitor peace and order plans
c) To provide a forum for inter-disciplinary dialogue and deliberation of major issues and problems affecting
peace and order
d) To perform such other duties and functions as the President may direct.
2. The Regional Peace and order Council (RPOC)
• It is composed of the region’s Provincial Governors, the Mayor of the Highly Urbanized Cities,
the Presidents of the Leagues of Municipalities, the regional counterparts of the departments, offices
and agencies, with the Chairman and Vice-Chairman to be appointed by the SILG with the approval of
the President from among the members of the Council.
3. The Provincial Peace and Order Council (PPOC)
• It is composed of the provincial counterparts of the departments, offices and agencies,
wherever applicable, with the Provincial Governor as Chairman and the Vice Governor as Vice
Chairman.
4. The City or Municipal Peace and Order Council (CPOC or MPOC)
• It is composed of the city or municipal counterpart of the departments, offices and agencies
wherever applicable with the Mayor as chairman and the Vice Mayor as Vice Chairman.

You might also like