Professional Documents
Culture Documents
ELYBERT VALLENTE
Registered Criminologist
MODULE INTRODUCTION
A. Module Description
The course deals with the history of Law
enforcement Organization in the Philippines, its structure
and principles in the application of law enforcement; the
different approach in police planning; the importance of
police records and to understand the provisions of
different laws attached to law enforcement organization.
B. Module Objectives:
Graduates of the BS Criminology program be equipped
with relevant knowledge, skills, attitude, values and
shall be to:
a. Internalize the concept of the different law
enforcement organizations and their structures.
b. Understand the correlation of the different law
enforcement agencies and their functions.
c. Appreciate BS Criminology program and its future job
opportunities.
LEARNING OUTCOMES:
The students shall be able to:
-Discuss the methodology of the Law
enforcement
-Understand and explain the organizational
structure and the basic principles of the Police
Organization.
-Understand and identify the important
provisions of the law relevant to Law
Enforcement Administration.
INTRODUCTION
• Whenever a community is organized, it is imperative for
the policing system to be established to deal with crimes
being committed by its members. This is because a crime is
already a part of our community which may happen anytime,
anywhere and unexpectedly like a calamity.
• Hence, it is right to consider crime as a social
phenomenon. In the history of Philippine policing systems,
several things may be learned from the problems and
mistakes that were encountered and committed in the past
that may serve as guiding stars in improving our present and
future policing systems.
CHAPTER 1
(History of Policing System)
From the simplest social structure-the family to the most
complex-the community of nations, it is essential that certain
norms and conduct be to be established and observed in order to
ensure that the cordial and harmonious relationship among its
members are preserved and maintained.
It is in the field of law enforcement that the police are most
involved in the complicated inter-relationship within a social
structure. The effectiveness of a police organization is essentially
dependent on the manner the same is managed, administered
and controlled and most especially on the trust that the citizens-
clientele of policing business bestow upon it.
THE MEANING OF THE TERM "POLICE“
Government,
citizenship or the
entire activity of a
polis (city)
The Romans conquered the
Greeks and changed the
word “politeia” to politia.
Politia means “condition of
a state, government and
administration”.
The French changed the word to
POLICE and used it to those authorized
people who actually enforce the law. The
English and the Americans borrowed the
word from the French and used it to
describe a “law enforcement officer”.
• Greek
Politeia
• Romans • French
Politia
Police
Ancient History of Police:
Medjay – a civil police headed by Egyptian military
officer and the 1st group to use police dogs on
patrol.
Vigiles – a civilian in Rome armed with staves and
short sword to maintain peace and to fight fires.
Anglo-Saxon – a member of the Germanic tribes
which settled in England in the 5th century A.D. and
the 1st to conquer England.
Evolution of
Law
Enforcement
Primitive Policing
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 others.
Note: The Thanes Policing System is not being followed at present in the
Philippines because landowners are not empowered to settle civil litigations.
They are however conduct arrest under any of the circumstances of warrantless
arrest.
b. FRANKPLEDGE System
Policing was carried out under a system called frankpledge or mutual
pledge, whereby every male over 12 years old join nine (9) of his
neighbors to form a Tythingmen.
TYTHINGMEN-a group of men whose duty was to apprehend any person
who offends another and deliver that offender for trial.
Anyone who failed to join and perform this obligatory duty was severely
fined. Thus, policing responsibility lies on the hands of the citizens.
Note: The Hue and Cry Policing System is not being followed at present
because our sense of obligation to assemble and arrest the perpetrator, even
if we are capacitated to do so, already deteriorated.
e. ROYAL JUDGE System
The royal judge conducted criminal investigation and gave
punishment fitted to the crime committed.
This practice started the identification of criminals.
Note: At present, The Trial by Ordeal is not also being followed because we all
know that anyone who puts his hand in boiling water will get hurt, whether guilty
or not of the crime charged.
2. NORMAN PERIOD OF POLICING (1066-1285)
a. SHIRE-REEVE System
When King William Norman became the ruler of England, he divided his
kingdom into 55 military districts known as the Shire-Reeves.
SHIRE means a district while REEVE means the ruler who made laws,
pass judgment and impose punishment.
He was assisted by a group of constables, the forerunner of the
constabulary.
The term Shire-Reeve eventually became Sheriff, the title of the chief of
constables or police officers in a certain town.
The TRAVELLING JUDGE was held responsible in deciding cases that
were taken from Shire-Reeves due to some abuses.
Note: In the Philippines at present, no single person is
authorized to make laws, render judgment and impose
penalties at the same time. The act of making laws is within the
exclusive power of the legislative branch of the government
and the act of rendering judgment and imposing penalties is
the power of the judiciary.
b. KEEPERS OF PEACE
CIVILIAN IN CHARACTER
- means that that the PNP is not a part of the military, although
it retains some military attributes such as discipline.
6. On February 25, 1998, Republic Act No. 6975
provisions concerning the PNP were amended
when President Fidel Ramos approved Republic
Act No. 8551.
Republic Act No. 8551, known as the PNP Reform
and Reorganization Act of 1998, reorganized the
PNP for the purpose of reforming and
professionalizing it.
7. RA 8551 - otherwise known as the
Philippine National Police Reform and
Reorganization Act of 1998, enacted on
February 25, 1998; this law amended certain
provisions of RA 6975
8. RA 9708 - law amending the provisions of RA 6975 and RA
8551 on the minimum educational qualification for
appointment to the PNP and adjusting the promotion system;
approved on 12 August 2009
"AN ACT EXTENDING FOR FIVE(5) YEARS THE
REGLEMENTARY PERIOD FOR COMPLYING WITH THE
MINIMUM EDUCATIONAL QUALIFICATION FOR APPOINTMENT
TO THE PHILIPPINE NATIONAL POLICE(PNP)AND ADJUSTING
THE PROMOTION SYSTEM THEREOF,AMENDING FOR THE
PURPOSE PERTINENT PROVISIONS OF REPUBLIC ACT NO.6975
AND REPUBLIC ACT NO.8551 AND FOR OTHER PURPOSES"
9. REPUBLIC ACT 9263 (2004) - It is known as
Bureau of Fire Protection (BFP)and Bureau of Jail
management and Penology(BJMP)
Professionalization Act of 2004.It revised some
provisions of Republic Act 6975 especially those
pertaining to BFP and BJMP
IMPORTANT FILIPINO PERSONALITIES IN THE EVOLUTION OF
PHILIPPINE POLICING
BRIG GEN RAFAEL CRAME
- the first Filipino chief of the Philippine Constabulary in 1917
COL ANTONIO TORRES
- the first Filipino chief of police of the Manila Police Department in
1935
COL LAMBERTO JAVALERA
- the first chief of police of the Manila Police Department after the
Philippine Independence from the United States of America in 1946
P/DIR GEN CESAR NAZARENO
- the first chief of the Philippine National Police
CHAPTER 2
(CONCEPTS, THEORIES &PRINCIPLES OF MODERN POLICING)
Concepts of Modern Policing (Sir Robert Peel)
The police should be organized along military lines.
a) The police should be place under screening and training.
b) The police should be hired on a probationary basis.
c) The police should be deployed by time and by area.
d) Police headquarters should be accessible to the people.
e) Police- Record keeping is essential.
f) General Concept of Police Service
1. Old Concept
Police service gives the impression of being merely a
suppressive machinery. This philosophy advocates that
the measurement of police competence is the increasing
number of arrests, throwing offenders in detention
facilities rather than trying to prevent them from
committing crimes. Punishment is the role instrument of
crime control-throwing more people to jail rather than
keeping them out of jail.
2. New or Modern Concept
Regards police as the first line of defense of the
criminal justice system, an organ of crime
prevention. The yardstick of efficiency of the
police is the absence of crime or decreasing
number of crimes. The yardstick of Police
efficiency is the absence of crime.
The Principles of Law Enforcement enunciated by Sir
Robert Peel
a. Prevention of Crime is the basic mission of the
police.
b. Police must have the full respect of the citizenry.
c. A citizen's respect for law develops his respect for
the police.
d. Cooperation of the public decreases as the use of
force increases.
f. Physical force is used only as a last resort.
g. The police are the public and the public are
the police.
h. The police represent the law.
i. The absence of crime and disorder is the
test of police efficiency.
PRINCIPLES OF ORGANIZATION APPLICABLE TO LAW
ENFORCEMENT ORGANIZATION
1. Formal training
3. Corrective interviews
4. Counseling
Forms of negative discipline
1. Oral reprimand or warning
2. Written reprimand
3. Loss of assignment
4. Loss of accrued time
5. Suspension without pay
6. Suspension without pay followed by a probationary period
7. Fines
8. Demotion
9. Termination
10.Judicial action
The “Hot – Stove Rule” in discipline - Propounded by
Douglas McGregor, it suggest that in disciplining erring
subordinates the disciplinary action should be
immediate, with warning, consistent and impersonal.
Steps In The Application Of Hot – Stove Rule
1. Immediate investigation of the offense must be done
to determine the facts
2. Previous warning
3. Consistency
4. Disciplinary action must be impersonal
Police leadership – an activity of influencing
people to work harmoniously toward some goal
which they come to find desirable. Also, the ability
to obtain from each member of the force the
highest quality of service he can render.
The process by which an individual can
influence others to willingly make their best effort
to achieve the organization’s goals.
Leadership styles
1. Autocratic - The superior assumes full
responsibility for all action and seeks obedience
from the group in the following out of orders.
He determines all policy, and considers decision
making to be one- man operation he being the
man.
2. Democratic - The supervisor draws ideas and
suggestions from his group employing discussion
and consultation; the staff is encouraged to decide
policy, methods, and goals, etc.
8. Violation of Law
Composition:
-the Department proper
-existing bureaus and offices of the DLG
-the National Police Commission
-the Philippine Public Safety College (PPSC)
-Philippine National Police (PNP)
-Bureau of Fire Protection (BFP)
-Bureau of Jail Management and Penology (BJMP)
the PPSC, PNP, BFP and BJMP were created under RA 6975.
-headed by the Secretary to be appointed by the President and
who shall serve at the pleasure of the President.
-the Secretary shall be assisted by two (2) Undersecretaries and
three (3) Assistant Secretaries .
-Undersecretary for Local Government.
-Undersecretary for Peace and Order.
-No retired or resigned military officer or police official may be
appointed as Secretary within one (1) year from date of
retirement or resignation.
-the Secretary is also the ex officio chairman of the National
Police Commission.
ORGANIZATIONAL STRUCTURE OF DILG
RELATIONSHIP OF THE DILG WITH THE DEPARTMENT
OF NATIONAL DEFENSE (DND)
-under RA 6975, the Armed Forces of the Philippines (AFP)
was in charge with external security while the DILG was in
charge with internal security.
- under RA 8551, the DILG shall be relieved of the primary
responsibility on matters involving suppression of insurgency
and other serious threats to national security. The PNP shall
through information gathering and performance of its ordinary
police functions, support the AFP on matters involving
suppression of insurgency.
NATIONAL POLICE COMMISSION
Promotional Examinations.
Appointment
1. Permanent Appointment
3). Top priority consideration for lateral entry into the rank of
Police Inspector shall be given to top ten (10) placers of the
different Licensure Examinations. However, incumbent PNP
members who land in the top ten shall be given first preference
over the civilian provided that the qualifications are satisfied.
4).The maximum age of PNP members applicants through
lateral entry shall be forty six (46) years old at the time of
appointment. Age waivers shall not be allowed.
TRAINING AND CAREER DEVELOPMENT
Except for the Chief, PNP, no PNP member who has less
than one (1) year of service before reaching the compulsory
retirement age shall be promoted to a higher rank or
appointed to any other position.
REGULAR PROMOTION UNDER R.A. 9708
Pursuant to RA 9708, “…In addition, the institution of a criminal
action or complaint against a police officer shall not be a bar to
promotion: Provided, however, That upon finding of probable
cause, notwithstanding any challenge that may be raised against
that finding thereafter, the concerned police officer shall be
ineligible for promotion: Provided, further, That if the case remains
unresolved after two (2) years from the aforementioned
determination of probable cause, he or she shall be considered
for promotion. In the event he or she is held guilty of the crime by
final judgment, said promotion shall be recalled without prejudice to
the imposition of the appropriate penalties under applicable laws,
rules and regulations:
Provided, furthermore, That if the complaint filed
against the police officer is for a crime including,
but not limited to, a violation of human rights,
punishable by reclusion perpetua or life
imprisonment, and the court has determined that
the evidence of guilt is strong, said police officer
shall be completely ineligible for promotion
during the pendency of the said criminal
case.”
2. Special Promotion – promotion granted to
police officers who have exhibited acts of
conspicuous courage and gallantry at the risk of
his/her life above and beyond the call of duty.
Conspicuous courage is a courage that is clearly
distinguished above others in the performance of
one’s duty.
ACTS OF CONSPICUOUS COURAGE AND
GALLANTRY (NAPOLCOM Memorandum Circular
No. 2007-003 and PNP Memorandum Circular No.
2009-019)
1. Withholding of privileges
2. Restriction to specified limits
3. Restrictive custody
4. Forfeiture of salary
5. Suspension
6. Any combination of the penalties above (1 to 5)
7. One (1) rank demotion
8. Dismissal from the service
• Section 45. Finality of Disciplinary Action – The
disciplinary action imposed upon a member of the
PNP shall be final and executory: Provided, That a
disciplinary action imposed by the Regional
Director or by the PLEB involving demotion or
dismissal from the service may be appealed to the
Regional Appellate Board (RAB) within ten (10)
days from receipt of the copy of the notice of
decision:
• Provided, further, That the disciplinary action
imposed by the Chief of the PNP involving
demotion or dismissal may be appealed to the
National Appellate Board within ten (10) days
from receipt thereof: Provided, furthermore, That
the regional or National Appellate Board, as the
case may be, shall decide the appeal within sixty
(60) days from receipt of the notice of appeal:
• Provided, finally, That failure of the regional
appellate board to act on the appeal within
said period shall render the decision final and
executory without prejudice, however, to the
filing of an appeal by either party with the
Secretary.
Composition of (RAB)
1. Senior Officer of the NAPOLCOM Regional
office-Chairperson
2. One (1) representative each from the PNP-
member (term of 3 years)
3. Regional Peace and Order council- Member
(term of 3 years)
Composition of the NAB:
1. Vice-chairperson and Executive Officer-
Chairperson
2. Four (4) Regular Commissioners
Cases Appealable to secretary to the SILG:
Decisions of the NAB and the RAB
Cases Appealable to the CSC:
1. Decisions of the SILG in the exercise of its appellate
jurisdiction
2. Decisions of the NAPOLCOM en banc as summary
dismissal authority
• “SEC. 47. Preventive Suspension Pending
Criminal Case. Upon the filling of a complain or
information sufficient in form and substance
against a member of the PNP for grave felonies
where the penalty imposed by law is six (6) years
and one (1) day or more, the court shall
immediately suspend the accused from office for
a period not exceeding ninety (90) days from
arraignment:
• Provided, however, That if it can be shown by
evidence that the accused is harassing the
complainant and/or witnesses, the court may
order the preventive suspension of the accused
PNP member even if the charge is punishable by
a penalty lower than six (6) years and one (1)
day: Provided, further, That the preventive
suspension shall not be more than ninety (90)
days except if the delay in the disposition of the
case is due to the fault, negligence or petitions of
the respondent:
INTERNAL AFFAIRS SERVICE (IAS) -created by RA 8551
POWERS AND FUNCTIONS OF THE 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 hearings 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 assists in the prosecution
of the case;
-provide assistance to the Office of the Ombudsman in cases
involving the personnel of the PNP;
The IAS shall also conduct, motu proprio (on its own
initiative), automatic investigation of the following cases:
-incidents where a police personnel discharges a firearm;
-incidents where death, serious physical injury, or any violation
of human rights occurred in the conduct of a police operation;
-incidents where evidence was compromised,
tampered with, obliterated, or lost while in the
custody of police personnel;
-incidents where a suspect in the custody of the
police was seriously injured; and
-incidents where the established rules of
engagement have been violated.
ORGANIZATION OF IAS
-headed by the INSPECTOR GENERAL who is a CIVILIAN
and appointed by the President upon the recommendation
of the Director General (Chief, PNP)
-the Inspector General shall be assisted by a Deputy
Inspector General
-there shall be national, regional and provincial offices
-the national office shall be headed by the Inspector
General, the regional offices by a Director, and the
provincial offices by a Superintendent
ENTRY QUALIFICATIONS TO IAS
(i) Authority to choose the chief of police from a list of five (5)
eligibles recommended by the provincial police director, preferably
from the same province, city or municipality.