REVIEW NOTES ON LAW ENFORCEMENT ADMINISTRATION

SJIT CRIMINOLOGY CL-MABIKAS 2014

POLICE ORGANIZATION AND ADMINISTRATION

Early History and Evolution of the Philippine Police force

In the early stages of human society, the function of what is now properly known
as the police force devolved on the Headman. He Exercise his duty by employing all the
males of the tribe as guardians of his people. Later, he confined his choice among the
able – bodied males only. A certain number detailed as watchmen, were selected by
turns. Their main police duty consisted in seeing that the regulations of the community
were enforced. This method was satisfactory at a time when the homogeneity of social
problems and the simplicity of political government were such that the chief of the tribe,
alone unaided, could perform the office of a ruler, a judge and lawmaker. But then, came
the building of modern nations with their complicated structures, multifarious problems
and undertakings, all of which revolutionaries his position. Official activities and office
duties expanded and become so complex that the power of government and its
management were divided among and delegated to different individuals.

Spanish Regime

The maintenance of law and order in the Philippines up to the 19 th century was
looked upon the Spanish government as a part of the military system for the defense of
the colony. So they locally organized police forces, although performing civil duties and
seemingly created for the purpose of maintaining internal peace, were in fact direct
adjuncts to the colonial military establishment, which is the members being potential
soldiers in the guise and garb of policemen, or policemen in appearance but colonial
soldiers in the ultimate sense. These dual functions of soldier and policemen in one, was
exemplified in the Guardia Civil which gave the Spanish Colonial Government a
tremendous power to control and centralize police administration, thus, enabling the
supreme head to dictate the policies to be pursued in maintaining peace and order. What
may be termed police function then considered mainly in:

1. The suppression of brigandage by patrolling unsettled areas.

2. Detention of local or petty uprising by spying upon the work and movements
of the people.

3. The enforcement of tax collection, including church revenues.

Carabineros de Seguridad Publica

This was organized in 1712 for the purpose of carrying out the regulations of the
department of State. It was the earlier version of mounted riflemen in the history of
Philippine police system.

In 1781, the Carabineros de Seguridad Publica was given the special commission
of government custodian of the tobacco monopoly by the Royal Decree of December 20,
1842; it was organized and called Cuerpo De Carabineros de Seguridad Publica. Hence,
its duties became police-like and more general, that is:

1. The prosecution of law breakers and criminals;

2. the maintenance of peace, order and security;

3. The vigilance of the execution of law and ordinances of a good government.

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This general power, however, was later narrowed down to the more specific duties of
watching and guarding the customs houses, rivers, sea costs, tobacco warehouses, and the
prevention of entry of contraband. It developed into a more or less special kind of police
force for land and sea. As a matter of fact, the whole organization discharged the duties
of a port, harbor and river police.

The Guardrilleros

This was a body of Rural Police organized in each town and established by Royal
Decree of January 8, 1836. This Decree provided that 5% of the able-bodied male
inhabitants of each province were to be enlisted in this police organization for ( 3 ) years
tour of duty. A province generally maintained this kind of police force to the number of
eighty ( 80 ) but those provinces in the Visayas and also those subject to Moro raids
enlisted more, depending upon the local man-power and the probability or proximity of
the danger arising from the constant incursions of the Moro pirates.

The duties of guardrilleros or Rural Police were to maintain public security and
order in the town; to make patrol; to guard dark and unsafe places; to guard the Tribunal
or Municipal building and prison houses; to conduct prisoners; to carry mails at time; and
many other odd duties in the town. For all this services, they were not originality paid
although in later years the privates received P3.00 a month, and the non-commissioned
grades, in several provinces received a proportionate salary varying from P4.00 to P8.00,
depending upon the revenues, the officers served gratuitously but enjoyed exemption
from the payment of personal tax and polos or cedula tax. And after 10 years of such
gratuitous service, the officers were entitled to the immunities and privileges of an ex-
captain or mayor of the town, thereby acquiring the rights to be a principal in the election
and other works of the local government. The honor and influence gained by this
gratuitous service more than compensated the trouble, for gifts and presents were never
lacking.

partially relieve the Spanish Peninsula Troops of their work in policing towns. It
consisted of a body of Filipino policemen organized originally in each of the Provincial
Capitals of the Central Province of Luzon under the Governor or Alcalde. This semi-
military police institution was armed as the Spanish Infantry. Very martial in appearance
because of its bright and showy uniform and distinctively prominent insignia, plus a
rigidly maintained military bearing.

Philippine Republic

The system of police force built by the erstwhile Philippine Republic received its
severe shock at the onslaught of the revolution of 1896. The blow was intended against
the Spanish Army and the Government as a whole. In spite of its military structure and
semi-military training, it easily collapsed because it lacked the true police morale and
prerequisite of civil nature, as essential in its strength as a part of the executive branch of
civil government. Its martial appearance and military tradition contributed but little if any
to its defense. On the contrary, it was more likely that those attributes precipitated its
early downfall. The desire of the revolutionist to capture their arms made them the
particular targets of the people. This otherwise splendidly organized police corps,
weakened by prejudice and hampered by duties and obligations which were not
incumbent upon a national police force, easily lost its morale at the appearance of social
commotion and political upheaval -it tremble, so to speak, from its very foundation at the
sight of a major police problem. The great majority of their outposts one by one give up
their arms which were entrusted to them.
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Several months before the revolution became active, the rural police or
Guardrilleros ceased to function for the established government. The few and old
firearms in their possession, defective with very scanty and faulty ammunition, were
easily seized and confiscated by the insurgents without any resistance of any kind.

The Carabineros, as a special police corps, was quickly reduced to such a state of
inefficiency and demoralization that it went out of existence before it was officially
declared disbanded.

The experiences derived from these police bodies, which tried a military
organization, showed that they were weak and ineffective as military units, unreliable as
such in times of emergency and almost useless in solving major political problems which
could only be met by a real and actual military force. No police cops could effectively
meet a problem which called for military operations.

The American Occupation

The American occupation of the Philippines which came after the Filipino-
American war, from 1899 to 1901, was followed b a period of political ferment and
social equilibrium. This was a situation that heavily taxed the power of the Philippine
Commission and over-requisitioned the capacity of the American Army for the civil
duties in which it was obliged to take a strong leading hand. To these were added the
difficulties incident to the transfer of government control from the military to the civil
authorities.

On November 30, 1900, the Commission recommended to the Secretary of war,

the organization of an Insular Police Force. The recommendation having been approved,
the Philippine Commission passed Act No. 175 on July 18, 1901, entitled “An Act
Providing for the Organization and Government of an Insular Constabulary, Philippine
Constabulary by Section 1, under Act No. 225, on October 2, 1901. By the technicalities
of the law, the Constabulary was the National Police Institution for preserving the peace,
keeping order and enforcing the law. Its police nature was expressly and clearly stated in
Section 1, of Act No. 175, the Organic Act Creating the Constabulary.

The Beginning of Police Reformation and

Professionalization (RA No. 4864)

Reformation and professionalization of the police service gained official

recognition on September 8, 1966, when Republic Act No. 4864, otherwise known as the
Police Act of 1966, was enacted. This Act served as the legal guidepost in initiating and
undertaking, at national level, much needed reforms that resulted to a considerable
improvement in police performance and efficiency.

To carry out the objectives of this Act, the National Police Commission was
created under the Office of the President of the Philippines, but the act, for all its merits,
did not eliminate the various negative factors that had been plaguing the police forces, to
mention a few-the insidious role played by partisan politics in almost all aspects of
personnel management, such as:

1. appointment, assignment, promotion and separation;

2. “tayo-tayo” system or double standards of justice;
3. intrigues, jealousies and rivalries existing among police forces;
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4. the jurisdictional restriction that limits police forces to operate within respective
municipality/city political boundaries only.

The Martial Law Regime and the Police

Service (PD No. 765)

During martial law regime, Section 12, Article XV of the 1973 Constitution
provide that “The State shall establish and maintain an Integrated National Police whose
organization, administration and operation shall be provided by law”. The organizational
setup of the Integrated National Police, mandated under Section 1, Presidential Decree
No. 675, dated August 8, 1975, states that, “There is hereby establish and constituted the
Integrated National Police which shall be composed of the Philippine Constabulary as the
Nucleus, and the integrated police forces as established by Presidential Decree No. 421,
531, 482, 585, and 641, as components, under the Department of National Defense.”

In effect, the Integrated National Police was established and constituted,

composed of the Philippine Constabulary as the Nucleus, and the Integrated National
Police Force as components under the Department of National Defense. The head of the
INP was the Director General, who at the same time the Chief of the Constabulary,
thereby the Philippine Constabulary remained and continued as a major branch of
services of the Armed Forces of the Philippines. The powers and functions of the
National Police Commission in the training of policemen, the establishment of the police
salary subsidy and the adjudication and grant of compensation for temporary disability
benefits were transferred to the INP, including personal, equipment, appropriations and
other resources appertaining thereto.

Definition of the Term “Police”

The term “Police” derive from the word POLITIA

POLITIA – it means a condition of a state, government and administration.

- it originated from the Greek word “Politeia”

“Politeia” – means government, citizenship, or the entire activity of a polis.

Polis – a city

Police in the broadest sense – means the internal organization or regulation of a

state, the control and regulation of a community or state through the
exercise of the constitutional power of the government. (Webster
Dictionary)

Police in the less broader sense – it denotes that power of the government which
concerns with the maintenance of tranquility, public order, peace, security
of persons and property, and the protection of public health and morale.

Police in the very restricted sense – the word “police” refers exclusively to that
body of armed men which as an institution, is capable of exercising its
duties by armed physical forces in the preservation and detention of crime
and the execution of laws.

Fundamental Purpose of Police Service

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The police service deals with the most important part with respect to the actions
and behavior of human beings. There are three (3) different types of criminal behavior:

1. First, there are the so-called major crimes like: homicide, murder, rape, robbery,
arson, kidnapping and many others.

2. Second, there are offenses against public moral like: vice, gambling, prohibited
drugs, and others of the same category.

3. Third, there are offenses which have something to do with maintenance of peace
and order like: illegal possession of weapons, vagrancy, trespassing, assaults and
other similar offenses.

Police Activities

Organizations of any kind have their peculiar activities to attain to, in relation to
its existence. In this regard, the following are the police activities:

1. The Prevention of Criminality – This is one of the responsibilities of the police.

It is being more and more clearly realized that a constructive approach to the
crime problem must get to its roots or causes of criminality – to the factors of the
community life which create criminal tendencies and lead a person or group of
persons to indulge in an anti – social behavior.

2. Repression of Crime – This is a function more firmly embedded in police

practice. Adequate patrol plus continuous effort toward eliminating or reducing
criminal tendencies is stressed as a means of reducing the opportunities for
criminal activity.

3. Apprehending Offenders – Quick apprehensions and certain punishment

discourage the would-be offender by taking the consequence of crime less
pleasant. In addition to its repressive influences, apprehension enables society to
punish offenders, prevents a repetition of their offense by restraining their
movements, and provides an opportunity for their rehabilitation.

4. Recovery of Stolen Property – This is an activity intended to reduce the money

cost of crime, as well as to restrain those who, though not active criminals, might
benefit from gains of crime.

5. Regulation of Non – Criminal Conduct – Many police activities are concerned

only incidentally with criminal behavior. Their main purpose is regulation and
apprehension and punishment of offenders as a means of securing obedience.
Other methods used to obtain compliance are education of the public in the
dangers inherent in the disobedience of regulations, the use of warnings, either
oral or written, which informs the citizens of the violations, but not penalized
them.

Examples: the regulations of sanitation and street use. This type of activity is
time consuming and drains police energies from those tasks which are more
important in the eyes of the public.

6. Performance of Related Miscellaneous Service – This involves many services

– related activities coterminous to basic police duties, such as for instance, the
operation of detention facilities, search and rescue operations and licensing.
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Fundamental Theories of Police Service

Some people are still in doubt with regard to the rule of the police in the society.
For purposes of discussion, the following are the fundamentals theories of police service:

1. The Continental Theory – In this theory, policemen are considered as servants

of the higher authorities, and the people have little or no share at all in their
duties, nor any continental countries like France, Italy, and Spain, where
governmental structure follows the centralized pattern.

2. The Home Rule Theory – Policemen are considered as servants of the

community, who depends for the effectiveness of their functions upon the
express wishes of the people. In this theory, policemen are civil employees
whose primary duty is the prevention of the public peace and security. This is
practiced in England, and in the United States of America, where the
governmental structure is decentralized pattern.

Concept of Police Service

The following are the two concepts of Police Service:

1. Old Concept – the old concept of police service looked upon the police as
merely a repressive machinery. This old philosophy means throwing more people
in jail rather that 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
on arrest.

2. Modern Concept – the modern concept of police service considers the police as
an organ of crime prevention. Police service today has broadened its activities to
including certain aspects of social services, and has for its objectives the welfare
of the individuals as well as that of society. Under this philosophy, the yardstick
of efficiency of the police is the absence of crime.

A clear picture of the modern concept of police service is shown in the definition
of crime prevention as distinguished from crime repression. Crime prevention
means eradicating of the desire on the part of the potential criminal to commit a crime,
while crime repression means the elimination of the opportunity existing on the part of
the would-be criminal to commit crime.

In the crime prevention aspects, three (3) processes are usually involved, namely:

a. the eradication of the wholesome influences

b. the provisions of wholesome influences
c. the correction by individual treatment or adjustment of any damage that has been
done to the intellectual – emotional conditions.

Criticisms of the Police

It must be frankly admitted that throughout the ages and in all civilized countries,
there has existed a strong prejudice against the police. In every country which has a
developed form of government, here has been a vigorous complaint against the police.
When strenuous efforts are being made in a police agency to build up respect for the
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police and its morale, it is rather ungracious to dwell on the efficiency of the police. But
and understanding of the situation with reference to crime, makes it necessary to state the
situation as it generally prevails, and this means criticism.

In this jurisdiction, the following are some of the most common criticism of the
police:

1. Some of our local policemen, educationally are not qualified, and therefore,
cannot cope successfully with the criminals;

2. Lack of training, and if ever trained, there were no sufficient equipment and other
teaching aids used in the training;

3. Policemen are receiving less attractive salary as compared to some other

government employees, and therefore, highly qualified and competent men and
women are not attracted to the law enforcement profession; and

4. Police service is the last recourse of job hunters who failed to failed to gain
employment in their field of profession according to their educational
qualification, thereby making the police service as the dumping ground of lame
duck job hunters, who in the first place has no interest in joining the police
service, but for the sake pf employment, they are now members of the Philippine
National Police.

The general criticisms of the police are that they are not carefully selected, well-
organized and well – managed for the performance of their very difficult jobs of enforcing
law and order. This criticism is generally admitted by everyone intimately acquainted with
the situation.

Nature of Office of Policemen

1. A policeman have a mind of a LAWYER

2. The soul of a CLERGYMAN
3. The heart of SOCIAL WORKER
4. Discipline of an ARMY SERGEANT
5. The integrity of a SAINT
6. Know his jurisdiction like a SOCIOLOGIST
7. He must understand people like a PSCHOLOGIST
8. He must take a long view of life like a PHILOSOPHER

Organization – It is a form of human association for the attainment of a goal or objective. It

is the process of identifying and grouping the work to be performed, defining and delegating
responsibility and authority establishing relationship for the purpose of enabling people work
effectively.

Police Organization – It is a group of trained personnel in the field of public safety

administration engaged in the achievement of goals and objectives that promotes the
maintenance of peace and order, protection of life and property, enforcement of the laws and
the prevention of crimes.

The organization of the police force commonly requires the following

organizational units:
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Functional Units

1. Bureau – the largest organic functional unit within a large department. It

compromises of numbers of divisions.

2. Division – 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 with in an
organization.

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 cross walk from traffic duty. It is a spot
location for general guard duty.

2. Route – a length of streets designated for patrol purposes. It is 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
won station.

6. Area – a section or territorial division of a large city each comprised of designated

districts.

Other Items and Terminologies

1. Sworn Officers – all persons of the police department who have oath and who posses
the power to arrest.

2. Superior Officer – one having supervisory responsibilities, either temporary or

permanently, over officers of lower rank.

3. Commanding Officers – 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 h is active regular duty.
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9. Leave of Absence – period, which an officer is excused from active duty by any
valid/acceptable reason, approved by higher authority

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 the
privileges 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 service

13. Duty Manual – describes the procedures and defines the duties of officers assigned
to specified post or position

14. Order – an instruction given by a ranking officer to a subordinate, either,

a. general order
b. special c. personal

15. Report – usually a written communication unless otherwise specifies to be verbal

reports; verbal reports should be confirmed by written communication.

THE NATURE OF POLICE ORGANIZATION

The police department is truly a complex bureaucracy. It is mostly a multi-level

organization, organized in the form of a pyramid with the top-level administrator being
the chief of police. at the bottom level of the organization, one finds the patrolman or line
officer.

The patrol officer is the backbone of the police department. The lowest level
worker found in many, if not most, complex organizations who usually performs the
routine, repetitive kind of work necessary to keep the organization functioning.

The police department by its very nature places the line officer in a position where
he is a decision maker and manager of his area of responsibility from the first time he is
given a “beat” to patrol. There are indeed few agencies in which the efficiency and
parameter of the law enforcement functions are vested in those individuals quite likely
have the least amount of experience and expertise in the organization.

Types of Police Organization Structures

An organization structure is a mechanical means of depicting, by an arrangement

of symbols, the relationships that exist between individuals, groups, and functional
relationship between groups and individuals clearly defined to ensure accountability and
compliance.

1. 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 it is 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.
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While the line type of organization has many advantage, it’s also
has some inherent weaknesses which, for many organization, make its use
impractical. Perhaps its greatest advantage is that, it is utterly simple. It
involves a division of the work into units of eighth person in charge who
has complete control and who can be hold directly responsible or
accountable for results, or lack of them.

Quick decisions can be made in the line organization because of

the direct lines authority, because of these direct lines, each member in the
chain of command know to whom he is clearly fixed. Discipline is easily
administered in this type of organization. Responsibility for making
decisions is well identified. Singleness of purpose is fostered.
Coordination of effort is relatively easy to achieve because functional
overlapping in between units, a prime cause of friction in any organization
can be minimized.

2. Functional Organization

The functional organization in its pure form is rarely found in

present day organizations, except at or near the top of the very large
organizations. 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 manager” is limited to the particular activity over which
he has control, regardless of who performs the function.

Coordination of effort in this type of organization becomes

difficult since the employees responsible for results may be subject to
functional direction of several persons. Discipline is difficult to administer
because of this multi – headed leadership.

There may be considerable conflict among the functional

administrators, resulting in much confusion among line personnel

The functional organization in its purest form is rarely found in

present-day organization except at or near the top level.

Advantage:

1. Divides responsibility and authority between several specialist;

2. Functional responsibility is limited to the particular activity

over which he has control regardless of who performs the
functions.

Disadvantage:

1. Coordination of effort becomes difficult;

2. Discipline is difficult to administer;
3. Conflict among the functional administrators

3. Line and Staff Organization

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The Line and Staff Organization is a combination of the line and functional types.
It combines staff specialist such as:

1. the Criminalist
2. the training officer
3. the research and development specialists, etc.

Channels of responsibility is to think and provide expertise” The line supervisor

must remember that he obtains advice from the staff specialists.

In normal operations, the staff supervisor has line commands but with recognized
limitations such as coordination between line and staff personnel can be achieved without
undue friction. Failure to recognize these line and staff relationship is the greatest and
most frequent source pf friction and a barrier to effective coordination. The Advantage of
this kind would be – it combines staff specialist or units with line organization so that the
service of knowledge can be provided line personnel by specialist.

Classification of Line, Staff,

and Auxiliary Function

Whatever their method of grouping internal activities, all bureaucratic agencies

segregate the function line, staff and auxiliary personnel. The reasons for this tripartite
classification are best explained by examining each of the functions.

Line Functions – are the “backbone” of the police department;

They include such operations as:

1. Patrol
2. Criminal Investigation
3. Traffic Control
4. As well as supervision of the personnel performing those operations.

Line functions are carried out but “line members”, including:

1. The Patrol Officer

2. The Detective
3. The Sergeant
4. The Lieutenant
5. The Captain
6. The Chief of Police

Line members are responsible for:

1. Carrying out the major purposes of the police department

2. Delivering the services provided by the department
3. Dealing directly with the departments clientele
4. Making final decisions with respect to the activities they perform

Staff Functions – are those operations designed to support the line functions, staff
members are necessarily advisors who are typically assigned to:
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1. Planning
2. Research
3. Legal Advice
4. Budgeting
5. Educational services

Staff members are often civilians with specialized training who serve within the
department but do not deal with daily operations on the street. There main function is to
study police policies and practices and to offer proposals to the chief executives of the
department. Staff personnel tend to be:

1. Highly Specialized
2. Involved in an advisory capacity
3. Detached from the public
4. Not directly responsible for the decisions made by department executive.

Auxiliary Functions – it involves the logistical operations of the department. These

include:

1. Training
2. Communication
3. Jailing
4. maintenance
5. record keeping
6. motor vehicles
7. and similar operations

Hierarchy of Authority

If all persons within an organization were given the freedom to do what they like
(and to refuse to do what they dislike), there would be little like hood of accomplishment.
Any collaborative effort such as that in a police department thus requires a system of
checks and controls on individual behavior.

Hierarchy – It represents the formal relationship among superiors and subordinates in

any given organization. It can be visualized as a ladder with each rung (or rank)
represents a higher or lower level of authority.

Authority – it is the right to command and control the behavior of employees in lower
positions within an organizational hierarchy. A hierarchy thus serves as the framework
for the flow of authority downward (and obedience upward) through the department.

Example: Authority can be illustrated by the situation in which a subordinate

abstain from making his or her choice among several courses of actions and
instead automatically accepts the choice made by the supervisor regardless of
whether one personally agrees.

Authority Roles – Authority within an organization must be viewed in terms of

prescribed roles rather than of individuals. A particular position within an organization
carries the same authority regardless of who occupies that position. While the personality
of the occupant may change the style or manner in which authority is exercise, it should
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increase or decrease the basic obligation of the occupant toward those in subordinate
position.

Example: The authority of a police chief stems from the role that a chief
executive must play – whether he or she is referred to as chief, superintendent,
commissioner, or some other title, and regardless the size or location of the
department he or she commands.

Span of Control – A span of control is the maximum number of subordinates at a given

position that superior can supervise effectively.

Determining the Span of Control

Effective organization requires that only a manageable number of subordinates be

supervised by one person at any given time. This will vary, not only from one
organization to another (depending on each organizations definition of effective
supervision) but also within each organization depending on the number of task and the
size of personnel available at a given time.
Relevant factors: Organization theory offers no magic formula for determining the
proper spans of control within a police agency. Rather, the span of control for any
supervisory position may be determined on the basis of a number of variables including:

1. The physical layout of the operation

2. The complexity of the task
3. Work condition (normal, crisis, etc.)
4. Educational and skills of the employees involved
5. Leadership qualities of the supervisors
6. The quality of the communication system among personnel
7. The financial ability of the agency to hire more supervisors
8. The history and traditions of the agency in questions.

Example: While a patrol officer may be able to supervise 10 – 15 subordinates

effectively in more departments, a SWAT sergeant is usually assigned five or fewer
subordinates.

Delegation of Authority

Delegation is the conferring of an amount of authority by a superior position onto

a lower-level position. The person whom authority is delegated becomes responsible to
the superior for doing the assigned job. However, the delegators remain accountable for
accomplishment of the job within the guidelines and quality standards of the agency.

Unity of Command

Traditional theories of organization insisted that each employee should have only
one supervisor of “boss”, and considered this principle of “unity of command” the
backbone of any organization structure.

Example: A patrol officer would always receive orders from one sergeant and
would always report to that same sergeant. If the officer was instructed or advised by a
detective, garage sergeant, or any other administrator (with the possible exception of the
chief), the officer is expected to check with his or her sergeant before taking any action.

THE PRINCIPLES OF POLICE ORGANIZATION

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The Police Organization is either formal or informal. Formal organizations are

highly structured while Informal organizations are those without structures.

Every formal police organization whether small or large are governed by the
following principles:

1. Principle of Unity of Objectives – an organization is effective if it enables the

individuals to contribute to the organization’s objectives.
2. Principle of Organizational Efficiency – organization structure is effective if
it is structured in such a way to aid the accomplishment of the organization’s
objectives with a minimum cost.

3. Scalar Principle – shows the vertical hierarchy of the organization which

defines an unbroken chain of units from top to bottom describing explicitly the
flow of authority. The scalar principles are:

1. Line of Authority and Chain of Command – This principle of

organization suggests that communications should ordinarily go upward
through established channels in the hierarchy. Diverting orders,
directives, or reports around a level of command usually has disastrous
effects on efficiency of the organization.

2. The Span of Control – a supervisor over personnel or units shall not

mean more than what can effectively direct and coordinate. In span of
control, levels of authority shall kept minimum.

3. The Delegation of Authority – it shall carry with it a commensurate

authority and the person to whom the authority is delegated shall be held
accountable therefore. It implies that delegation must carry with it
appropriate responsibility.

4. The Unity of Command – explains that subordinates should only be

under the control of one superior.

4. Functional Principle – refers to division of work according to type, place, time

and specialization.

5. Line and Staff – implies that a system of varied functions arrange into a
workable pattern. The line organization is responsible for the direct
accomplishment of the objectives while the stall is responsible for support,
advisory or facilitative capacity.

6. Principle of Balance – states that the application of principles must be balanced

to ensure the effectiveness of the structure in meeting organizations objectives.

7. Principle of Delegation by Result – states that authority delegated should be

adequate to ensure the ability to accomplish expected results.

8. Principles of Absoluteness of Responsibility – explains that the responsibility

of the subordinates to their superior for performance is absolute and the superior
cannot escape responsibility for the organization on activities performed by
their subordinates.
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9. Principle of Parity and Responsibility – explains that responsibility for action

cannot be greater than that implied by the authority delegated nor should it be
less.

10. Authority Level Principle – implies that decision within the authority of the
individual commander should be made by them and not be returned upward in
the organizational structure.

11. Principle of Flexibility – means that the more flexible the organization, the
more it can fulfill its purpose.

REPUBLIC ACT No. 6975

An Act Establishing the Philippine National Police under A Reorganized

Department of the Interior and Local Government, and For Other Purposes

Title of the Act. — This Act shall be known as the "Department of the Interior and Local
Government Act of 1990."(Section 1. RA 6975)

THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

The Department of the Interior and Local Government. — To carry out the policies
and purposes of this Act, the Department of Local Government is hereby reorganized into
the Department of the Interior and Local Government, hereinafter referred to as the
Department, in accordance with the provisions of this Act. (Section 4. RA 6975)

Powers and Functions of the Department. — In furtherance of the objectives of this

Act, the Department shall continue to exercise the powers and functions of the
Department of Local Government in addition to the powers and functions as herein
provided. (Section 5. RA 6975)

Organization. — The Department shall consist of the Department Proper, the existing
bureaus and offices of the Department of Local Government, the National Police
Commission, the Philippine Public Safety College, and the following bureaus: the
Philippine National Police, the Bureau of Fire Protection, and the Bureau of Jail
Management and Penology. (Section 6. RA 8551)

Department Proper. — The Department Proper shall consist of the existing staff
services as provided for under Executive Order No. 262 and the following offices:
(Section 7. RA 6975)

(a) Office of the Secretary. — The office of the Secretary shall consist of the
Secretary and his immediate staff; and

(b) Office of the Undersecretaries and Assistant Secretaries. — The Secretary

shall be assisted by two (2) Undersecretaries, one (1) for local government and the
other for peace and order, at least one (1) of whom must belong to the career
executive service, and three (3) career Assistant Secretaries.

Head of Department. — The head of the Department, hereinafter referred to as the

Secretary, shall also be the ex-officio Chairman of the National Police Commission and
shall be appointed by the President subject to confirmation of the Commission on
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Appointments. No retired or resigned military officer or police official may be appointed

as Secretary within one (1) year from the date of his retirement or resignation. (Section 8.
RA 6975)

General Powers, Term of Office and Compensation of the Secretary. — The

authority and responsibility for the exercise of the Department's powers and functions
shall be vested in the Secretary, who shall hold office at the pleasure of the President and
shall receive the compensation, allowances and other emoluments to which heads of
departments are entitled. (Section 9. RA 6975)

Specific Powers and Functions of the Secretary. — In addition to his powers and
functions as provided in Executive Order No. 262, the Secretary as Department head
shall have the following powers and functions: (Section 10. RA 6975)

(a) Prepare and submit periodic reports, including a Quarterly Anti-Crime

Operations Report and such other reports as the President and Congress may
require;

(b) Act as Chairman and Presiding Officer of the National Police Commission;
and

(c) Delegate authority to exercise any substantive or administrative function to the

members of the National Police Commission or other officers of rank within the
Department.

Regional Offices. — The Department shall establish, operate and maintain a regional
office in each of the administrative regions of the country to implement the policies and
programs of the Department. Each regional office shall be headed by a regional director
to be assisted by two (2) assistant regional directors: one (1) for jail management and
penology and another for fire protection in addition to the present assistant regional
directors of the Department of Local Government. (Section 11. 6975)

Relationship of the Department with the Department of National Defense. — The

Department of the Interior and Local Government shall be relieved of the primary
responsibility on matters involving the suppression of insurgency and other serious
threats to national security. The Philippine National Police shall, through information
gathering and performance of its ordinary police functions, support the Armed Forces of
the Philippines on matters involving suppression of insurgency, except in cases where the
President shall call on the PNP to support the AFP in combat operations.

"In times of national emergency, the PNP, the Bureau of Fire Protection, and the Bureau
of Jail Management and Penology shall, upon the direction of the President, assist the
armed forces in meeting the national emergency." (SEC 3 RA 8551)

REPUBLIC ACT No. 8551

An act providing for the reform and reorganization of the Philippine national
police and for other purposes, amending certain provisions of republic act numbered
sixty-nine hundred and seventy-five entitled, "an act establishing the Philippine national
police under a re-organized department of the interior and local government, and for
other purposes"
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TITLE — This Act shall be known as the "Philippine National Police Reform and
Reorganization Act of 1998" (Section 1, RA 8551)

THE NATIONAL POLICE COMMISSION

Creation and Composition. — A National Police Commission, hereinafter referred to as

the Commission, is hereby created for the purpose of effectively discharging the
functions prescribed in the Constitution and provided in this Act. The Commission shall
be an agency attached to the Department for policy and program coordination. It shall be
composed of a Chairperson, four (4) regular Commissioners, and the Chief of PNP as ex-
officio member. Three (3) of the regular commissioners shall come from the civilian
sector who are neither active nor former members of the police or military, one (1) of
whom shall be designated as vice chairperson by the President. The fourth regular
commissioner shall come from the law enforcement sector either active or retired:
Provided, That an active member of a law enforcement agency shall be considered
resigned from said agency once appointed to the Commission: Provided, further, That at
least one (1) of the Commissioners shall be a woman. The Secretary of the Department
shall be the ex-officio Chairperson of the Commission, while the Vice Chairperson shall
act as the executive officer of the Commission."(SEC. 4, RA 8551)

Powers and Functions of the Commission. — The Commission shall exercise the
following powers and functions:

A. Exercise administrative control and operational supervision over the Philippine

National Police which shall mean the power to:

1) Develop policies and promulgate a police manual prescribing rules and

regulations for efficient organization, administration, and operation,
including criteria for manpower allocation, distribution and deployment,
recruitment, selection, promotion, and retirement of personnel and the
conduct of qualifying entrance and promotional examinations for
uniformed members;

2) Examine and audit, and thereafter establish the standards for such
purposes on a continuing basis, the performance, activities, and facilities
of all police agencies throughout the country;

3) Establish a system of uniform crime reporting;

4) Conduct an annual self-report survey and compile statistical data for the
accurate assessment of the crime situation and the proper evaluation of the
efficiency and effectiveness of all police units in the country;

5) Approve or modify plans and programs on education and training,

logistical requirements, communications, records, information systems,
crime laboratory, crime prevention and crime reporting;

6) Affirm, reverse or modify, through the National Appellate Board,

personnel disciplinary actions involving demotion or dismissal from the
service imposed upon members of the Philippine National Police by the
Chief of the Philippine National Police;
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7) Exercise appellate jurisdiction through the regional appellate boards

over administrative cases against policemen and over decisions on claims
for police benefits;

8) Prescribe minimum standards for arms, equipment, and uniforms and,

after consultation with the Philippine Heraldry Commission, for insignia
of ranks, awards, and medals of honor. Within ninety (90) days from the
effectivity of this Act, the standards of the uniformed personnel of the
PNP must be revised which should be clearly distinct from the military
and reflective of the civilian character of the police;

9) 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;

10) Inspect and assess the compliance of the PNP on the established
criteria for manpower allocation, distribution, and deployment and their
impact on the community and the crime situation, and thereafter formulate
appropriate guidelines for maximization of resources and effective
utilization of the PNP personnel;

11) Monitor the performance of the local chief executives as deputies of

the Commission; and

12) Monitor and investigate police anomalies and irregularities.

B. Advise the President on all matters involving police functions and

administration;

C. Render to the President and to the 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;

D. Recommend to the President, through the Secretary, within sixty (60) days
before the commencement of each calendar year, a crime prevention program; and

E. Perform such other functions necessary to carry out the provisions of this Act
and as the President may direct." (SEC. 5, RA 8551)

Regional Offices. — The Commission shall establish, operate and maintain regional
offices headed by regional directors who shall implement the policies and programs of
the Commission in their respective regions. For administrative purposes, the regional
offices of the Commission shall be attached to the general offices of the Department.

Subject to the standards that shall be prescribed by the Commission, the regional offices
shall likewise perform the functions of adjudication of benefit claims.( Section 21. RA
6975)

Organizational Structure. — The Commission shall consist of the following units:

A. Commission Proper. — This is composed of the offices of the Chairman and

four (4) Commissioners.
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B. Staff Services. — The staff services of the Commission shall be as follows:

(1) The Planning and Research Service – which shall provide technical
services to the Commission in areas of overall policy formulation,
strategic and operational planning, management systems or procedures,
evaluation and monitoring of the Commission's programs, projects and
internal operations; and shall conduct thorough research and analysis on
social and economic conditions affecting peace and order in the country;

(2) The Legal Affairs Service – which shall provide the Commission
with efficient and effective service as legal counsel of the Commission;
draft or study contracts affecting the Commission and submit appropriate
recommendations pertaining thereto; and render legal opinions arising
from the administration and operation of the Philippine National Police
and the Commission;

(3) The Crime Prevention and Coordination Service – which shall

undertake criminological researches and studies; formulate a national
crime prevention plan; develop a crime prevention and information
program and provide editorial direction for all criminology research and
crime prevention publications;

(4) The Personnel and Administrative Service – which shall perform

personnel functions for the Commission, administer the entrance and
promotional examinations for policemen, provide the necessary services
relating to records, correspondence, supplies, property and equipment,
security and general services, and the maintenance and utilization of
facilities, and provide services relating to manpower, career planning and
development, personnel transactions and employee welfare;

(5) The Inspection, Monitoring and Investigation Service – which shall

conduct continuous inspection and management audit of personnel,
facilities and operations at all levels of command of the PNP, monitor the
implementation of the Commission's programs and projects relative to law
enforcement; and monitor and investigate police anomalies and
irregularities;

(6) The Installations and Logistics Service – which shall review the
Commission's plans and programs and formulate policies and procedures
regarding acquisition, inventory, control, distribution, maintenance and
disposal of supplies and shall oversee the implementation of programs on
transportation facilities and installations and the procurement and
maintenance of supplies and equipment; and

(7) The Financial Service – which shall provide the Commission with
staff advice and assistance on budgetary and financial matters, including
the overseeing of the processing and disbursement of funds pertaining to
the scholarship program and surviving children of deceased and/or
permanently incapacitated PNP personnel

D. Disciplinary Appellate Boards — The Commission shall establish 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
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decisions rendered by officers other than the PNP chief, the mayor, and the People's Law
Enforcement Board (PLEB) created hereunder."(SEC. 10, RA 8551)

THE PHILIPPINE NATIONAL POLICE ORGANIZATION

REORGANIZATION

Authority of the Commission to Reorganize the PNP. — Notwithstanding the provisions

of Republic Act No. 6975 on the organizational structure and rank classification of the
PNP, the Commission shall conduct a management audit, and prepare and submit to
Congress a proposed reorganization plan of the PNP not later than December 31, 1998,
subject to the limitations provided under this Act and based on the following criteria: a)
increased police visibility through dispersal of personnel from the headquarters to the
field offices and by the appointment and assignment of non-uniformed personnel to
positions which are purely administrative, technical, clerical or menial in nature and other
positions which are not actually and directly related to police operation; and b) efficient
and optimized delivery of police services to the communities.

The PNP reorganization program shall be approved by Congress through a joint

resolution. (Section 13. RA 8551)

Section 23. RA 6975, Composition. — Subject to the limitations provided for in this Act,
the Philippine National Police, hereinafter referred to as the PNP, is hereby established,
initially consisting of the members of the police forces who were integrated into the
Integrated National Police (INP) pursuant to Presidential Decree No. 765, and the officers
and enlisted personnel of the Philippine Constabulary (PC). For purposes of this Act, the
officers and enlisted personnel of the PC shall include those assigned with the Narcotics
Command (NARCOM) or the Criminal Investigation Service (CIS); and those of the
technical services of the AFP assigned with the PC and the civilian operatives of the CIS.
The regular operatives of the abolished NAPOLCOM Inspection, Investigation and
Intelligence Branch may also be absorbed by the PNP. In addition, a PC officer or
enlisted personnel may transfer to any of the branches or services of the Armed Forces of
the Philippines in accordance with the provisions of Section 85 of this Act.

In order to be qualified for transfer to the PNP units in Metropolitan Manila and
in highly urbanized cities, an individual must have completed not less than second year
collegiate work or its equivalent in training of seventy-two (72) collegiate units.

Anyone who has any pending administrative or criminal case or has been
adjudged liable or convicted of any crime pending appeal shall be allowed to join the
PNP provisionally without prejudice to final judgment by a body of competent
jurisdiction.

The permanent civilian employees of the present PC, INP, Narcotics Command,
CIS, and the technical services of the AFP assigned with the PC, including NAPOLCOM
hearing officers holding regular items as such, shall be absorbed by the Department as
employees thereof, subject to existing laws and regulations.

Section 24. RA 6975, Powers and Functions. — The PNP shall have the following
powers and functions:

(a) Enforce all laws and ordinances relative to the protection of lives and
properties;
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(b) Maintain peace and order and take all necessary steps to ensure public safety;

(c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring
offenders to justice and assist in their prosecution;

(d) Exercise the general powers to make arrest, search and seizure in accordance
with the Constitution and pertinent laws;

(e) Detain an arrested person for a period not beyond what is prescribed by law,
informing the person so detained of all his rights under the Constitution;

(f) Issue licenses for the possession of firearms and explosives in accordance with
law;

(g) Supervise and control the training and operations of security agencies and
issue licenses to operate security agencies, and to security guards and private
detectives, for the practice of their professions; and

(h) Perform such other duties and exercise all other functions as may be provided
by law.

In addition, the PNP shall absorb the office of the National Action Committee on
Anti-Hijacking (NACAH) of the Department of National Defense, all the functions of the
present Philippine Air Force Security Command (PAFSECOM), as well as the police
functions of the Coast Guard. In order to perform its powers and functions efficiently and
effectively, the PNP shall be provided with adequate land, sea, and air capabilities and all
necessary material means of resources.

Section 25. RA 6975, Organization. — The PNP shall be headed by a Chief who shall
be assisted by two (2) deputy chief, one (1) for operations and one (1) for administration,
both of whom shall be appointed by the President upon recommendation of the
Commission from among the most senior and qualified officers in the service: Provided,
however, That in no case shall any officer who has retired or is retirable within six (6)
months from his compulsory retirement age be appointed as Chief of the PNP. The PNP
shall be composed of a national office, regional offices, provincial offices, district offices,
city or municipal stations.

At the national level, the PNP shall maintain its office in Metropolitan Manila
which shall house the directorial staff, service staff and special support units.

At the regional level, the PNP shall have regional offices, including that of the
National Capital Region, which may be divided into two (2) separate regions without
prejudice to the pertinent provisions of the Organic Act for the Autonomous Regions of
the Cordilleras and Muslim Mindanao relative to the creation of a regional police force in
the area of autonomy. Each of these regional offices shall be headed by a regional
director for peace and order.

At the provincial level, there shall be a PNP office, each headed by a provincial
director. In the case of large provinces, police districts may be established by the
Commission to be headed by a district director.

At the city or municipal level, there shall be a PNP station, each headed by a chief
of police.
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The Chief of the PNP shall, within sixty (60) days from the effectivity of this Act
and in accordance with the broad guidelines set forth herein, recommend the
organizational structure and staffing pattern of the PNP to the Commission.

Powers, Functions and term of Office of the PNP Chief. — The command and direction
of the PNP shall be vested in the Chief of the PNP who shall have the power to direct and
control tactical as well as strategic movements, deployment, placement, utilization of the
PNP or any of its units and personnel, including its equipment, facilities and other
resources. Such command and direction of the Chief of the PNP may be delegated to
subordinate officials with the respect to the units under their respective commands, in
accordance with the rules and regulation prescribed by the Commission. The Chief of the
PNP shall also have the power to issue detailed implementing policies and instructions
regarding personnel, funds, properties, records, correspondence and such other matters as
may be necessary to effectivity carry out the functions, powers and duties of the Bureau.
The Chief of the PNP shall be appointed by the President from among the senior officers
down to the rank of chief superintendent, subject to confirmation by the Commission on
Appointments: Provided, That the Chief of the PNP shall serve a term of office not to
exceed four (4) years: Provided, further, That in times of war or other national emergency
declared by Congress, the President may extend such term of office. (Section 26. RA
6975)

Manning Levels. — On the average nationwide, the manning levels of the PNP shall be
approximately in accordance with a police-to-population ratio of one (1) policeman for
every five hundred (500) persons. The actual strength by cities and municipalities 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 (1) policeman for every one thousand (1,000) persons:
Provided, further, That urban areas shall have a higher minimum police-to-population
ratio as may be prescribed by regulations. (Section 27. RA 6975)

Rank Classification. — For purposes of efficient administration, supervision and control,

the rank classification of the members of the PNP shall be as follows: (Section 28. RA
6975)

Director General

Deputy Director General

Director

Chief Superintendent

Senior Superintendent

Superintendent

Chief Inspector

Senior Inspector

Inspector

Senior Police Officer IV

Senior Police Officer III

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Senior Police Officer II

Senior Police Officer I

Police Officer III

Police Officer II

Police Officer I

Section 29. RA 6975, Key Positions. — The head of the PNP with the rank director
general shall have the position title of Chief of the PNP. The second in command of the
PNP with the rank of deputy director general shall be the Deputy Chief of the PNP for
Administration. The third in command with the rank also of deputy director general shall
be the Deputy Chief of the PNP for Operations.

At the national office, the head of the directorial staff with the rank of deputy
director general shall be known as Chief of the Directorial Staff of the PNP.

The heads of the various staff divisions in the directorial staff shall have the rank
of director with the position title of Director of the Directorial Staff of their respective
functional divisions. The head of the Inspectorate Division with the rank of chief
superintendent shall assume the position title of Inspector General. The heads of the
administrative and operational support divisions shall have the rank of chief
superintendent.

1. The head of the NCR with the rank of director shall assume the position title of
NCR Director.

2. The heads of the regional offices with the rank of chief superintendent shall
assume the position title of Regional Director.

3. The heads of the NCR district offices with the rank of chief superintendent
shall have the position title of District Director.

4. The heads of provincial offices with the rank of senior superintendent shall be
known as Provincial Director.

5. The heads of the district offices with the rank of superintendent shall have the
position title of District Director.

6. The heads of the municipality or city offices with the rank of chief inspector
shall be known as Chief of Police.

Section 31. RA 6975, Appointment of PNP Officers and Members. — The appointment
of the officers and members of the PNP shall be effected in the following manner:

(a) Police Officer I to Senior Police Officer IV . — Appointed by the PNP

regional director for regional personnel or by the Chief of the PNP for the national
headquarters personnel and attested by the Civil Service Commission.

(b) Inspector to Superintendent. — Appointed by the Chief of the PNP, as

recommended by their immediate superiors, attested by the Civil Service
Commission;
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(c) Senior Superintendent to Deputy Director General. — Appointed by the

President upon recommendation of the chief of the PNP, with proper endorsement
by the Chairman of the Civil Service Commission and subject to confirmation by
the Commission on Appointments; and

(d) Director General. — Appointed by the President from among the senior
officers down to the rank of chief superintendent in the service, subject to
confirmation by the Commission on Appointments: Provided, That the Chief of
the PNP shall serve a tour of duty not to exceed four (4) years: Provided, further,
That, in times of war or other national emergency declared by Congress, the
President may extend such tour of duty.

Section 35. RA 6975, Support Units. — The PNP shall be supported by administrative
and operational support units. The administrative support units shall consist of the Crime
Laboratory, Logistic Unit, Communications Unit, Computer Center, Finance Center and
Civil Security Unit. The operational support units shall be composed of the Maritime
Police Unit, Police Intelligence Unit, Police Security Unit, Criminal Investigation Unit,
Special Action Force, Narcotics units, Aviation Security Unit, Traffic Management Unit,
the Medical and Dental Centers and the Civil Relations Unit. To enhance police
operational efficiency and effectiveness, the Chief of the PNP may constitute such other
support units as may be necessary subject to the approval of the Commission: Provided,
that no support unit headed by a chief superintendent or a higher rank can be created
unless provided by law.

(a) Administrative Support Units. —

(1) Crime Laboratory. There shall be established a central Crime Laboratory to

be headed by a Director with the rank of chief superintendent, which shall
provides scientific and technical investigative aid and support to the PNP and
other government investigative agencies.

It shall also provide crime laboratory examination, evaluation and

identification of physical evidences involved in crimes with primary emphasis on
their medical, chemical, biological and physical nature.

There shall be likewise be established regional and city crime laboratories

as may be necessary in all regions and cities of the country.

(2) Logistic Unit. — Headed by a Director with the rank of chief superintendent,
the Logistics Unit shall be responsible for the procurement, distributions and
management of all the logistical requirements of the PNP including firearms and
ammunition.

(3) Communications Unit. — Headed by a Director with the rank of chief

superintendent, the Communications Unit shall be responsible for establishing an
effective police communications network.

(4) Computer Center. — Headed by a Director with the rank of chief

superintendent, the Computer Center shall be responsible for the design,
implementation and maintenance of a database system for the PNP.

(5) Finance Center. — Headed by a Director with the rank of chief

superintendent, the Finance Center shall be responsible for providing finance
services to the PNP.
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(6) Civil Security Unit. — Headed by a Director with the rank of chief
superintendent, the Civil Security Unit shall provide administrative services and
general supervision over organization, business operation and activities of all
organized private detectives, watchmen, security guard agencies and company
guard houses.

The unit shall likewise supervise the licensing and registration of firearms
and explosives.

The approval applications for licenses to operate private security agencies,

as well as the issuance of licenses to security guards and the licensing of firearms
and explosives shall be decentralized to the PNP regional offices.

(b) Operational Support Units. —

(1) Maritime Police Unit. Headed by a Director with the rank of chief
superintendent, the Maritime Police Unit shall perform all police functions
over Philippine territorial waters and rivers.

(2) Police Intelligence Unit. — Headed by a Director with the rank of

chief superintendent, the Police Intelligence Unit shall serve as the
intelligence and counterintelligence operating unit of the PNP.

(3) Police Security Unit. — Headed by a Director with the rank of chief
superintendent, Police Security Unit shall provide security for government
officials, visiting dignitaries and private individuals authorized to be given
protection.

(4) Criminal Investigation Unit. — Headed by a Director with the rank

of chief superintendent, the Criminal Investigation Unit 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.

This unit shall likewise investigate all major cases involving

violations of the Revised Penal Code and operate against organized crime
groups, unless the President assigns the case exclusively to the National
Bureau of Investigation (NBI).

(5) Special Action Force. — Headed by a Director with the rank of chief
superintendent, the Special Action Force shall function as a mobile strike
force or reaction unit to augment regional, provincial, municipal and city
police forces for civil disturbance control, counterinsurgency, hostage-
taking rescue operations, and other special operations.

(6) Narcotics Unit. — Headed by a Director with the rank of chief

superintendent, the Narcotics Unit shall enforce all laws relative to the
protection of the citizenry against dangerous and other prohibited drugs
and substances.

(7) Aviation Security Unit. — Headed by a Director with the rank of

chief superintendent, the Aviation Security Unit, 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 operation,
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and enforce all laws and regulations relative to air travel protection and
safety.

(8) Traffic Management Unit. — Headed by a Director with the rank of

chief superintendent, the Traffic Management Unit shall enforce traffic
laws and regulations.

(9) Medical and Dental Centers. — Headed by a Director with the rank
of chief superintendent, the Medical and Dental Centers shall be
responsible for providing medical and dental services for the PNP.

(10) Civil Relations Units. — Headed with a Director with the rank of
chief superintendent, the Civil Relations Unit shall implement plans and
programs that will promote community and citizens' participation in the
maintenance of peace and order and public safety.

Status of Members of the Philippine National Police. — The members of the PNP shall
be considered employees of the National Government and shall draw their salaries
therefrom: Provided, That PNP members assigned in Metropolitan Manila, chartered
cities and first class municipalities may be paid in additional monthly allowance by the
local government unit concerned. (Section 36. RA 6975)

PARTICIPATION OF LOCAL EXECUTIVES

INTHE ADMINISTRATION OF THE PNP

Section 51. RA 6975 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 —

(1) Operational Supervision and Control. The city and municipal mayors shall
exercise operational supervision and control over PNP units in their respective
jurisdiction except during the thirty (30) day period immediately preceding and
the thirty (30) days following any national, local and barangay elections. During
the said period, the local police forces shall be under the supervision and control
of the Commission on Elections. (SEC 51, RA 6975)

Section 62. RA 8551, RA 6975, The provisions of the second, third, fourth
and fifth paragraphs of subparagraph (b) (1), Section 51, Chapter III-D of
Republic Act No. 6975 are hereby amended to read as follows:
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The term 'operational supervision and control' shall mean the power to
direct, superintend, and oversee the day-to-day functions of police investigation of
crime, crime prevention activities, and traffic control in accordance with the rules
and regulations promulgated by the Commission.

It shall also include the power to direct the employment and deployment
of units or elements of the PNP, through the station commander, to ensure public
safety and effective maintenance of peace and order within the locality. For this
purpose, the terms 'employment' and 'deployment' shall mean as follows:

"'Employment' refers to the utilization of units or elements of the PNP

for purposes of protection of lives and properties, enforcement of laws,
maintenance of peace and order, prevention of crimes, arrest of criminal offenders
and bringing the offenders to justice, and ensuring public safety, particularly in
the suppression of disorders, riots, lawlessness, violence, rebellious and seditious
conspiracy, insurgency, subversion or other related activities.

"'Deployment' shall mean the orderly and organized physical movement

of elements or units of the PNP within the province, city or municipality for
purposes of employment as herein defined."

(2) 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, develop
and establish an integrated area/community public safety plan embracing
priorities of action and program thrusts for implementation by the local
PNP stations.

It shall, likewise, be the duty of the city or municipal mayor to

sponsor periodic seminars for members of the PNP assigned or detailed in
his city or municipality in order to update them regarding local ordinances
and legislations.

(3) 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.

Section 63. RA 8551, Section 51 (b) (4) of Republic Act No. 6975 is hereby amended to
read as follows:

(4) Other Powers. In addition to the aforementioned powers, city and municipal mayors
shall have the following authority over the PNP units in their respective jurisdictions:

1. Authority to choose the chief of police from a list of five (5) eligibles
recommended by the provincial police director, preferably from the same
province, city or municipality: Provided, however, That in no case shall an
officer-in-charge be designated for more than thirty (30) days: Provided, further,
That the local peace and order council may, through the city or municipal mayor,
recommend the recall or reassignment of the chief of police when, in its
perception, the latter has been ineffective in combating crime or maintaining
peace and order in the city or municipality: Provided, finally, That such relief
shall be based on guidelines established by the NAPOLCOM;
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2. Authority to recommend to the provincial director the transfer, reassignment or

detail of PNP members outside of their respective city or town residences; and

3. Authority to recommend from a list of eligibles previously screened by the

peace and order council the appointment of new members of the PNP to be
assigned to their respective cities or municipalities without which no such
appointments shall be attested: Provided, That whenever practicable and
consistent with the requirements of the service, PNP members shall be assigned to
the city or municipality of their residence.

"The control and supervision of anti-gambling operations shall be within the jurisdiction
of local government executives."

Automatic Deputation of Local Government Executives as Commission

Representatives. — Governors and mayors, upon having been elected and living
qualified as such, are automatically deputized as representatives of the National Police
Commission in their respective jurisdiction. As deputized agents of the Commission,
local government executives can inspect police forces and units, conduct audit, and
exercise other functions as may be duly authorized by the Commission. (Section 64. RA
8551)

Section 65. RA 8551 Section 52 of Republic Act No. 6975 is hereby amended to read
as follows:

Suspension or Withdrawal of Deputation. — Unless reversed by the President, the

Commission may, after consultation with the provincial governor and congressman
concerned, suspend or withdraw the deputation of any local executive for any of the
following grounds:

"(a) Frequent unauthorized absences;

"(b) Abuse of authority;

"(c) Providing material support to criminal elements; or

"(d) Engaging in acts inimical to national security or which negate the

effectiveness of the peace and order campaign.

"Upon good cause shown, the President may, directly or through the Commission, motu
proprio restore such deputation withdrawn from any local executive."

THE PNP ORGANIZATIONAL SET UP

The PNP is composed of a national headquarter, regional headquarters, provincial

headquarters, district headquarters or municipal headquarters. At the national level, the
PNP maintains its national headquarter in Camp Crame, Metropolitan Manila which
house the directorial staff, service staff and special support units.

PNP Staff and Support Units of the PNP

a. The chief of the Philippine national police has the rank of Police Director General
in the Armed Force of the Philippines with a four-star rank. He is assisted by a
Personal Staff composed of:
 The Inspector general
 Aide-de-Camp
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 Command Police Non-Commissioned Officer

b. Deputy Chief of Philippine National Police for Administration.
c. Deputy Chief for Philippine National Police for Operations
d. The Chief of Directorial Staff is assisted by a Secretary, Directorial Staff

The two deputies and the Chief of Directorial Staff have the rank of Police
Deputy Director General Equivalent to a three-star rank in the Armed Forces of the
Philippines.

Directorial Staff (Functional Staff) of the PNP

1. Directorate for Personnel – Record Management

2. Directorate for Intelligence
3. Directorate for Operations
4. Directorate for Investigation
5. Directorate for Logistics
6. Directorate for Plans
7. Directorate for Comptrollership
8. Directorate for Police Community Relationship
9. Directorate for Human Resource and Doctrine Development
10. Directorate for Research and Development

The Rank Classification of the PNP Personnel

Police Rank Abbreviations Equivalent Military Ranks

Director General General

Deputy Director General Lt. General

Director Maj. General

Chief Superintendent Brig. General

Senior Superintendent Colonel

Superintendent Lt. Colonel

Chief Inspector Major

Senior Inspector Captain

Inspector Lieutenant

Senior Police Officer IV Master Sergeant

Senior Police Officer III Tech. Sergeant

Senior Police Officer II Staff Sergeant

Senior Police Officer I Sergeant

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Police Officer III Corporal

Police Officer II Private 1st Class

Police Officer I Private

Nature and Dynamics of Crime

Crime is everywhere. It is a social disease that needs to be cured. A conceptual

framework or model for the purpose of crime prevention is therefore needed. Presumably,
the most readily and widely acceptable framework is the conceptualization of crime as a
complex disease. Adopting the perspective and methodology of a doctor, crime must be
diagnosed first before the remedy is prescribed. Hence a Diagnostic Model./Framework
should be developed first.

Anatomy of Crime

There are three elements or ingredients that must be present at the same time and
place for any crime to happen.

1. Motive – refers to the reason or cause why a person or group of persons will
perpetrate a crime.

2. Instrumentality – the means or implement used in the commission of the

crime. Both Motive and Instrumentality belong to and wielded respectively by
the criminal.

3. Opportunity – it consist the acts of omission and/or commission by a person

which enables another person or group of person to perpetrate the crime.
Opportunity is synonymous with carelessness, acts of indiscretion and lack of
crime prevention-consciousness on the part of the victim.

Whether a crime incident would happen or not, it will depend on the presence and
emerging of Motive, Instrumentality and Opportunity at the same time and the same
place. The absence of any ingredient, out of the three, will mean that there shall be no
crime.

The Breeding Grounds of Crime

Influencing and interacting with these ingredients of crime is the Environment. It

encompasses the entire society and its milieu. For purposes of crime prevention and
control, the relevant factors or elements in the environment that impinge on crime could
be classified into Exogenous and Indigenous variables.

1. Exogenous variables – are those elements in the environment that are beyond
the control of or cannot be change by man, such as weather, season, terrain,
etc. They also affect and interact with crime.

2. Indigenous variables – refer to the factors or elements in the environment

that can be changed or influenced by man. These are of utmost importance to
crime prevention and control by changing and influencing them.
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The indigenous variables that have the most impact and serve as the breeding
grounds of crime includes but not limited to the following:

1. Poverty – the problem of massive poverty can be singled out as the primary
breeding ground or root cause of crime in all undeveloped countries, including
the Philippines. Because of poverty and its concomitant deprivations and
hardships, many become desperate and forced by circumstances to resort to
crime; just so, they could alleviate or escape from their miseries and
frustrations.
2. Ignorance – this factor is widespread among our people, who are lack of
knowledge and understanding about the law. Majority of our populations does
not know many of our laws and their repercussions on themselves, they
commit violation thereof. Many become victims because they are not aware of
the modus operandi of crime syndicates and are not crime prevention-
conscious. Often times, instances of miscarriage of justice on the part of either
the offender of the victim, could be blamed on their ignorance.
3. Injustice and Abuses – These factors in itself already constitute several
crimes by themselves. These constitute the powerful motives for most of the
crime against persons perpetrated either by the victims of their loved ones as
cases of revenge or vendetta or silencing the victims and/or their witnesses.
4. Soft State – This pertains to a system of government characterized by non –
enforcement if several laws and ordinances, massive graft and corruption,
absenteeism on the part if the government officials. This give rise to the lack
of discipline and low regard for the laws by the citizenry. Poor and very slow
administration of justice forces some of the victims put the law in their hands.
5. Fear – Victims of crimes and their witnesses are easily threatened, many
victims and witness refuse to cooperate with the police in solving and
prosecuting crimes. As a result, many criminals go Scot – free and
emboldened to perpetrate more crimes. As aptly stated by Edmund Burke “
For evil to triumph, it needs only good men to do nothing”
6. Lost Family Values – Several family values that promote and nurture
solidarity and love within the family have been eroded and polluted by
modernization. Filipino values such as respect for and being obedient to
parents by the children are being replaced with disrespect and disobedience.

The Anti Crime Machinery

Criminal Justice System

Anti – crime strategies, program for crime prevention and the like in any society
is practically based on an organized criminal justice system.

Justice – rendering what is due or merited and that which is due is merited.
- According to the Supreme Court of the Philippines, Justice is symbolically
represented by a blindfolded woman, holding with one hand a sword and with the
other a balance.

The Criminal Justice System is the machinery which society uses in the
prevention and control of crime. The process is the totality of the activities of law
enforcers, prosecutors, defense lawyers, judges and corrections personnel, as well as
those mobilized community in crime prevention and control.
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Major components of the CJS

1. Law enforcement – their work is the prevention and control of crimes,

enforcement of laws, and affecting arrest of offenders, including the conduct of
lawful searches and seizures to gather necessary pieces of evidences so that a
complaint may be filed with the prosecution.

2. Prosecution – It takes care of the investigation of the complaint. In the rural

areas, the PNP may file the complaints with the inferior courts. In the urban
areas, the PNP may file the complaints with the City or Provincial Prosecutors
Office.

3. Court – The forum where the prosecution is given the opportunity to prove that
there is a strong evidence of guilt against the accused.

4. Corrections – Takes over once the accused, after having been found guilty, is
meted out the penalty for the crime he committed. When the penalty is
imprisonment, the sentence is carried out either in the municipal, provincial or
national penitentiary depending on the length of the sentence meted out.

5. Mobilized Community – Has the responsibility to participate in law

enforcement activities by being partners of the peace officers in reporting the
crime incident and helping in the arrest of the offender. It has the responsibility
to participate in promotion of peace and order.

Functions of the major component of CJS

1. To prevent and control the commission of the crime

2. To enforce the law
3. To safeguard live, individual rights, and properties
4. To investigate, apprehend, prosecute and sentence those who violated the
rules of society; and,
5. To rehabilitate the convicts and reintegrate them to the community as law
abiding citizen