Law Enforcement Module
Law Enforcement Module
Law Enforcement
organization and
Administration
(RA No. 6975,RA No. 8551 and RA
No. 9708)
An Instructional Material
Windows User
Instructor
First Semester
School Year 2019-2020
SYLLABUS
(Summary Outline for the Course of Study)
ISABELA STATE UNIVERSITYECHAGUE
Course Title
Law Enforcement Organization And Administration
Course Description
This course deals with the principles underlying the Police organization and management
which focus particularly on the creation of PNP together with the previous laws relating
thereto .It also discusses the procedures and guidelines in making Police Operational Plans as
one of the major functions in the PNP Administration.
General Objectives
At the end of the course, the students should be able to:
1. Discover and Understand the Origin and History of Police Force;
2. Be Acquainted and Knowledgeable on Police Management and Administration in
accordance with Republic Act No. 6975, Republic Act No. 8551 and Republic Act No.
9708 ;
3. Understand the Significance and Importance of Planning;
4. Identify and understand intelligently the Different Types of Police Plan and the Steps
in Planning’
5. Appreciate the effectiveness of plan in relation to its implication; and
6. Be aware on what to do during disasters and man-made emergencies based on PNP
Standard Operation Procedures.
Rationale
Organization has been defined as a process of constructing an agencies organizational and
functional set-up to make it more viable in terms of economy, efficiency, effectiveness and
responsiveness of the needs of its public clientele.
The primordial purpose of police organization is to exhaust its effort to lay the framework
within which continuous innovation, renewal and rebirth of the PNP organization can occur in
order to more effectively and efficiently accomplish its goal.
On the other hand police planning essentially provides the frameworks or mechanism for
keeping the organization pliable (yielding to constant renewal and change) and viable (striving
toward goal accomplishment).
The plan is designated to sustain organizational effectiveness and efficiency by way of
initiating, creating, and confronting needed changes so as to make it possible for the
organization to become or remain viable, to adapt to new conditions, to solve problems and to
learn experience. At the heart of the effort is the concern for the vitalizing, energizing,
actualization through human and technical resources.
The prime objective of an effective police personnel administration is the establishment and
maintenance for the public service of a competent well-trained police force under such
conditions of work that this force may be completely loyal to the interest of the government of
all times.
2 Law Enforcement Organization and Administration Instructional Material Franklin S. Ramirez, M.S. Crim.
“This is for criminological purposes and therefore not for sale.” School Year 2019 - 2020
ISABELA STATE UNIVERSITYECHAGUE
Course Contents
Appendices
3 Law Enforcement Organization and Administration Instructional Material Franklin S. Ramirez, M.S. Crim.
“This is for criminological purposes and therefore not for sale.” School Year 2019 - 2020
ISABELA STATE UNIVERSITYECHAGUE
4 Law Enforcement Organization and Administration Instructional Material Franklin S. Ramirez, M.S. Crim.
“This is for criminological purposes and therefore not for sale.” School Year 2019 - 2020
Chapter I
Historical Background of Police Organization and Administration
“The police officer is the first interpreter of the law and in effect performs a quasi-judicial function. He
makes the first attempt to match the reality of human conflict with the law; he determines whether to take
no action, to advice, to warn or to arrest; he determines whether he must apply physical force, perhaps
sufficient to cause death. It is he who must discern the fine distinction between a civil and a criminal
conflict, between merely unorthodox behavior and a crime, between a legitimate dissent and disturbance
of the peace, between the truth and the lie. As the interpreter of the law, he recognizes that a decision
to arrest is only the first step in the determination of guilt or innocence. He is guided by and guardian of,
the constitution”
Organization
It is an association or group of individuals with a common goal. It is the structural of individuals
and functions into a productive relationship. A consciously coordinated social entity, with a relatively
identifiable boundary, that functions on a relatively continuous basis to achieve a common goal or sets of
goals.
Police Organization
It is a structured group of trained personnel in the field of public safety administration engaged in the
achievement of goals and objectives. It also refers to a number of police units systematically arranged for
some purpose or objective.
Administration
It refers to the general managing and organizing that occurs at the highest level of an
organization. It entails the establishment of the department’s overall purposes.
Police Administration
It is the cooperative human effort to achieve the purposes of the Criminal Justice System. It also
refers to the study of processes and conditions of law enforcement as the pillar of the Criminal Justice
System.
It is basically an organizational process concerned with the implementation of objectives and plans,
and internal operating efficiency of the police organization; - it often connotes the bureaucratic structure
and behavior, relatively routine decision-making and maintenance of the internal status quo in the police
organization.
It is the study of processes and the conditions of Law Enforcement as the pillar of the Criminal
Justice System.
Police Management
It is the art or manner of administering, controlling, or handling all the various aspects of the police
organization; – the skillful use of means to accomplish the task, purpose or objective of a police unit or
organization
4. Duty Manual - It is a book of instruction that describes the procedures and defines the duties of
officers assigned to a specified post or position.
5. Leave of Absence - It is a specified period during which an officer is excused from active duty or
direct participation in police work.
6. Length of Service - It is the period of time that has elapsed since the oath of office was
administered to an officer; previous active services maybe included or added.
7. Manage - It is to direct or conduct the affairs or interests of various police units; – to control the
direction, operation, and business of a police unit or the police organization as a whole.
8. Mental Incapacity – It is the inability of PNP uniformed personnel to perform his/her duties and
responsibilities due to his/her unfit mental condition.
9. Off-Duty - It is the nature of which the police office is free from specific routine duty.
10. On-Duty - It is the period when an officer is actively engaged in the performance of his duty; also
called active duty.
11. Order - It is an instruction given by a ranking officer to a subordinated; General, Special and
Personal.
12. Organize - To form a police unit for the purpose of accomplishing a common objective; - to
arrange systematically a group of police unit/s.
13. Organizing - It is the act of systematically arranging police units in hierarchical order in order to
perform specific functions thus achieves desired objectives.
14. Physical Incapacity – It is the inability of PNP uniformed personnel to perform his/her duties
and responsibilities due to his/her unfit and/or physical capacity or capability.
15. Planning - It is the mental process of finding adequate solutions to management problems and
the preparation of an outline of things to be done and how they will be done to achieved results.
16. Police – It is the agency of a community or government that is responsible for enforcing the law,
maintaining public order, and preventing and detecting crime.
17. Police Accountability – It is the inherent responsibility of the police organization to be answerable
for the misconducts committed by its members; it may also refer to the legal responsibility of the
police officers to face any consequence that may arise while exercising their powers, duties and
functions.
18. Police Functions – It is the duties and responsibilities explicitly carried out by police agencies to
meet the demands concerning public order and public safety.
19. Police Politics – It is the study of public administration or affairs of the government in relation to
police matters; – maneuvering for power within the police organization.
20. Police Power – It is the power of a government to impose what it considers reasonable
restrictions on the liberties of its citizens for the maintenance of public order and safety; - legally
speaking, it is the power of the government to enact laws or regulations relative to persons and
property that may promote public health, public morals, public safety, and the general welfare and
convenience of the people.
21. Promotion – It is a system of increasing the rank of member of the police service.
22. Report - It is usually a written communication unless otherwise specified to be verbal report;
verbal reports should be confirmed by written communication.
23. Special Duty - In the police service, it is the form of duty requiring an officer to be excused from
the performance of his active regular duty.
24. Sick Leave - A period wherein an officer is excused from active duty by reason of illness or injury.
25. Staffing - It is filling and keeping filled with qualified people all positions in the business.
Recruiting, hiring, training, evaluating and compensating are the specific activities included in the
function.
26. Suspension - A consequence of an act that temporarily deprives an officer from the privilege of
performing his duties as result of violating a directive or other departmental regulation.
Lesson 2
Evolution of Policing in the World
A. Sumerians Lipithstar & Eshumma (2300 B.C)– set standards on what constituted an offense against
society – The Sumerian Code.
B. Babylonians (2100 B.C) – Code of King Hammurabi – Principle LEX TALIONES – oldest harsh code.
C. Egyptians (1500 B.C) – Court system presided by judges appointed by the Pharoah; Marine patrol &
custom house officers protecting commerce started; first use of dog patrol; Medjays – civilian police
under the command of a military.
Ancient Greece – Ephori – law enforcers
D. Ancient Rome – 12 Tabulae (12 TABLES) – the first written laws, Emperor Augustus – created the
praetorian guard, urban cohorts (city patrol), and the vigiles (fire fighters); emperor justinian – justinian
code became known as corpus juris civilis (body of law)
NOTA BENE: VIGILES –first civilian police force which keep the peace very ruthlessly, hence the word
vigilantes.
E. During the Anglo-Saxon (Ancient England) Period (600-1066 ad), the following Policing Systems were
practiced:
a. Thanes: It was under King Alfred the Great that a type of internal police force evolved. Alfred
decreed that the various "thanes" or landowners throughout his kingdom were responsible to
police his territory, deliver criminals to the King and to settle civil litigations.
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 – 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. The head of
this group was referred to as a Tythingman.
c. Tun Policing: Tun was the forerunner of the word “town“. Under this system, all male residents
were required to guard the town to preserve peace and order, protect the life and properties
of the people and other factors that disturbs the peace and order.
d. Hue and Cry: In this system, the complainant/victim goes to the middle of the community and
shouts to call all male residents to assemble. The victim reports his complaint to the
assembly. Consequently, all the male residents will go after the criminal and apprehend him.
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.
f. Trial by Ordeal: A suspect was required to place his hands over boiling water or oil. If he
would not get hurt, he will be acquitted but when hurt, he would be considered guilty. Double
jeopardy was prevalent during this period.
B. During the Normal Period (1066-1285), the following are Significant Contributions to the Development of
Policing System:
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 Traveling
Judge was held responsible in deciding cases that were taken from Shire-reeves due to some
abuses.
b. Court Of The Tourn: This Court heard a range of cases, more often dealing with petty offences
and civil matters. From the Court, 12 tythingmen were selected to hear cases of a serious nature.
It is from this point that the early concept of the 12 member jury of today originates.
c. Court Leet: to handle local legal matters in some, but not all, communities, the Normans
established the "Court Leet", which looked after matters of purely local interest and petty village
nuisances. The head of the Court Leet was the "Comes Stable", which was a term that means
"Master of the House". Over a period of time, this word became "Constable" which is still used
today by members of our modern police forces. The Comes Stable was often appointed by the
King but was also responsible to keep the peace and order in a specific area. This appointee was
responsible to local officials who could petition to have him removed if he did not do his job
properly.
d. Leges Henrie: This law was enacted during the time of King Henry I, which imposed the following
features:
1. Law violations were classified as offenses against the King
2. Policemen became public officials
3. The police and the citizens have the broad power to arrest
4. Grand Jury was created to inquire on the facts of the law
e. In 1195, King Richard of England issued a proclamation entitled Keepers of the Peace, requiring
the appointment of Knights to keep the King’s peace by standing as guards on bridges and gates
while checking the people entering and leaving the cities and towns.
f. On June 15, 1215, Magna Carta (Great Charter) was sealed by King John of England. This
became a law upon the demand of the Knights of the Round Table. The knights forced King John
to sign the document, which declared the following:
1. No freemen shall be taken or imprisoned, disposed, outlawed, or bowed except by legal
judgment of his peers.
2. No person should be tried for murder unless there is proof of the body of the victim.
3. There should be national and local government as well as the national and local
legislation.
1. Statute of Winchester (1285) was enacted for law and order. This law introduced the system of
Watch and Ward.
2. Statute of 1295 was enacted, which began the closing of the gates of London during sunset. This
started the observation of curfew hours.
3. Justice of the Peace was a position given to a respected citizen, who has the power to arrest,
pursue and imprison the offenders.
4. Star Chamber Court was established as special court that tried offenders against the state.
D. Developments in Policing System during the Modern Period (17 th–19th Century) in England
a. King Charles II of England passed a law in 1663 that provided for the employment of Night
Watchmen or Bellmen to be on duty from sunset to sunrise.
b. In 1748, Henry Fielding became the Chief Magistrate at Bow Street in London. He organized a
group of men known as Bow Street Runners (thief catchers). He later formed the Bow Street
Horse Patrol whose duty was to patrol the main roads thus secure the travelers from highwaymen
or highway bandits. In 1751, Henry published a pamphlet entitled An Inquiry into the Causes of
the Late Increase of Robbers, which called for many sweeping changes in the laws and the
execution of their laws1.
NOTA BENE: Bow Street Runners is the First modern detective force. It is a small group of
volunteers/non-uniformed homeowners often called "Take Thieves". They hurry to scene of crime
and begin investigation.
c. In 1785, William Pitt presented a bill in the British Parliament calling for the creation of a police
force in London. This proposal met with instant opposition. Pitt argued that this new force would
1
Eduardo, 2008, Notes in Law Enforcement Administration
be responsible for the apprehension of criminals (a formal continuation of the mandate of the
Bow Street Runners) and crime prevention (it was argued that their presence would be a
deterrent). After considerable opposition to the proposed police force for London, and charges
that it would be used to strengthen what was considered to be a very centralist authoritarian
government, William Pitt's bill was withdrawn.
d. The British statesman SIR ROBERT PEEL passed with the parliament the Metropolitan Police Act on
September 29, 1829 established the LONDON METROPOLITAN POLICE, which became the world's
first modern organized police force. It was later called SCOTLAND YARD. It became model for the
American police system but also had great influence on the style of policing in almost all
industrial societies. The Metropolitan Police force was guided by the concept of crime prevention
as a primary police objective; it also embodied the belief that such a force depended on the
consent and cooperation of the public, and the idea that police constables were to be civil and
courteous to the people. The force became the model for other police forces in Great Britain.
Informal names are, "the Met" and "MPS". In statutes it is referred to in the lower case as the
"metropolitan police force" or the "metropolitan police", without the appendage "service". The MPS
is also referred to as Scotland Yard after the location of its original headquarters. The
development of the British police system is especially significant because the pattern that emerged
not only became a model for the American police system but also had great influence on the
style of policing in almost all industrial societies.
Police are often referred to as ´Bobbies´ or 'Peelers' after Sir Robert (Bobby) Peel. The primary role
of the police in Britain was to keep the Queen's Peace, which continues into the present day.
He also introduced the techniques in detecting crimes such as detectives concealing themselves,
and secretly photographing and recording conversations. London Metropolitan Police employed the
first undercover officer. The great contributions of Sir Robert Peel led people to regard him the
father of modern policing. His most memorable principle was, "the police are the public, and the
public are the police” (Eduardo, 2008, Notes in Law Enforcement Administration).
NOTA BENE:
Peel was considered a skillful administrator with vision. Many of his reforms are part of
policing today in America. The following are the PEEL’S PRINCIPLES
1. The police must be stable, efficient, organized along military lines.
2. The police must be under government control.
3. The absence of crime best proves efficiency of police.
4. The distribution of crime news is essential.
5. The deployment of police strength over time and area is essential.
6. No quality is more indispensable to a police officer than a perfect command of temper.
7. Good appearance commands respect.
8. Securing and training proper people is the root of efficiency.
9. Public security demands every police officer be given a number.
10. Police headquarters should be centrally located/easily accessible.
11. Police should be hired on a probationary basis.
12. Police records are necessary to the correctly distribute police strength.
Lesson 3
The Epitome of Police Service in the Philippine
A. Development of Police Service in the Philippines during Pre-Spanish (Policing is tribal in nature)
Police primitively evolved from the practice of different tribes to select able-bodied young
men to protect their villagers, from depredations of wild animals which prey their crops and
livestock during night time. Then as mankind multiplied, the needs for protection become greater, not only
from animals, but also from their own kind. These circumstances justified the formulation of police force. 2
The practice of policing in the Philippines evolves from the culture and traditions of tribal Filipinos in
protecting their interest as ethnic group. Filipino tribes hold on to the orders given by their tribal leaders
who make decision for the good and benefit of the whole tribal community. Date back to the early 15 th
century; tribal Filipinos rulers were called Datu, Pangat, Sultan, Raja, Hare, Gat and others. They have their
distinct way of protecting their interest and welfare. They were not united, although their system of
policing is of various forms, yet their objective is one. 3
1. Carabineros de Seguridad Publico (Mounted Police-Riding on a Horse) was organized in 1712 for
the purpose of carrying out the policies of the Spanish government. 4 The members were armed
with carbines as the names indicate. It was given the special commission by the government as
custodian of tobacco monopoly. By royal decree of December 20, 1842, it was re-organized
and renamed Cuerpo de Carabineros de Seguridad Publica. Hence, its duties became police
like and more general, which were:
a. the prosecution of law breakers and criminals;
b. the maintenance of peace, order and security; and
c. the vigilance in the execution of laws and ordinances of good government.
This general purpose, however, was later narrowed down to ore specific duties of watching and
guarding the custom houses, river sea coasts, tobacco, warehouses and the prevention of the
entry of contraband.5 It discharged the duties of a port, harbor, and river police.
2. Cuardrilleros (Rural Police) was a body of rural police organized in each town that was
created by the Royal Decree of January 8, 1796. This police force was composed of 5% of the
able-bodied male inhabitants of each town or province, and each member should serve for 3
years. The duties of this local police were:
a. maintain public security and order in town by making patrol;
b. guard dark and unsafe places;
c. guard the tribunals and prison houses;
d. transfer prisoners;
e. carry mails at times; and
f. many other odd duties in town.6
NOTA BENE: For all their services they were not originally paid, although in the later years, the
privates received P3.00 a month and the other non-commissioned grades in several provinces
received a proportionate salary varying from P4.00 to P8.00 depending upon their revenues.
3. Guardia Civil (Town Police) was the police organization created by the Royal Decree issued by
the Spanish Crown government on February 12, 1852. It relieved the Spanish Peninsular Troops
2
Criminal Justice System: Setting and Procedures, Manwong and Foronda, 2009.
3
Police Patrol Plans and Operations with Police/Public Radio Communication (A Textbook for Criminal Justice Education
Students and Practitioners): Philippine Setting, Mario A. Garcia. 2010 pg. 4.
4
Criminal Justice System: Setting and Procedures, Manwong and Foronda, 2009.
5
Police Administration, Organization and Planning, Dr. Danilo Lago Tancangco, 2012.
6
ibid
of their works in policing towns. It consisted of a body of Filipino policemen organized originally
in each of the provincial capitals of the central provinces of Luzon under the command of
Alcalde (Governor). 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. 7
1. Insular Police Force was established on November 30, 1890 during the Filipino-American war
(1898-1901) upon the recommendation of the Philippine Commission to the Secretary of War.
2. Insular Constabulary was created on July 18, 1901 by virtue of Organic Act No. 175 law, titled as
"An Act Providing for the Organization and Government of an Insular Constabulary". Capt. Henry T.
Allen – first Chief.
3. Manila Police Department (MPD) was organized on July 31, 1901 by virtue of Act # 183 of the
Philippine Commission. The 1st Chief of Police was Capt. George Curry, a US Army officer
appointed the TAFT COMMISSION on August 7, 1901. Capt. Columbus Piatt was the last American
COP of MPD before WW II broke out. In 1939 The Manila Police Department introduced the bicycle
patrol.
NOTA BENE:
- 1941 - The Japanese Military Police (Kempetai) took over MPD.
- 1945 - The MPD was reconstituted and placed under American control. Col. Marcus Ellis
Jones became the Chief of Police.
4. On October 3, 1901, the Insular Constabulary was changed to Philippine Constabulary (PC) by
virtue of Act No. 255. Brig/Gen. Henry T. Allen was the 1st Chief of the Philippine Constabulary. He
was the PC Chief from 1901 to 1907 such that he was called as the Father of Constabulary in
the Philippines. The PC was manned mostly by Filipinos but officers were mostly Americans.
5. Revised Administrative Code of 1917 was approved a year before World War I (August 1914 to
November 1918) ended. In section 825 of this law, it stated that the Philippine Constabulary is
a national police institution for preserving the peace, keeping order and enforcing the law.
Brig/Gen. Rafael Crame became the first Filipino Chief of Police. He served as the PC Chief from
1917-1927.
6. On Jan. 1, 1932, Republic Act No. 3815, otherwise known as the Revised Penal Code of the
Philippines (RPC), took effect.
7. In November 1938, Act No. 181 required the creation of a bureau of investigation. This agency
should be the modification of the Division of Investigation (DI) from the Department of Justice.
Finally, on June 19, 1947, Republic Act No. 157 was enacted which created the National Bureau
of Investigation.
D. Development of Police Service in the Philippines during the Japanese Occupation (1941-1945)
The Japanese occupation of the Philippines had brought about terrors and fears among Filipino
people. The Japanese occupation stated on December 8, 1941. Enforcement of laws was done by the
Japanese Imperial Army, known as Kempetai. Kempetai were held responsible in maintaining peace and
7
ibid
order in Manila and adjacent urban areas. The main function of the Kempetai was the identification,
location and arrest of Filipino guerillas including their supporters. The Kempetai was the most feared unit
of the Japanese army because of their brutality in enforcing their functions. They were usually helped by
Filipino traitors who were made to identify guerillas and sympathizers while their head were covered by a
bag or cloth with openings for tier eyes. 8 Kempetai ruled the urban areas until Gen. Douglas McArthur
returned on February 7, 1945.
The Manila Police Department, which was created during the first American occupation, was renamed
into Metropolitan Constabulary under the Bureau of Constabulary.
2. On Jan. 1, 1964, the Rules of Court took effect. This procedural law was construed in order to
promote the broad objective of the criminal justice system and to assist the parties in obtaining
just, speedy, and inexpensive determination of every action and proceeding.
3. Section 2275, Book III, Title IX of the Revised Administrative Code of the Philippines, Approved on
March 20, 1917, provides that the requirements of police service patrol Duty from male residents
when the province or municipality is infested without laws, the mayor has the authority to hire
able bodied male residents of the municipality between the ages of 18 to 50 yrs old.
4. On September 18, 1966, Republic Act No. 4864 otherwise known as “Police Act of 1966” was
enacted. The law created the office of the Police Commission (which was later called National
Police Commission) under the Office of the President. Originally, the POLCOM was created as a
supervisory agency to the PC. Its function is to oversee the training and professionalization of the
local police forces. Through this law, reformation and professionalization of the police service
gained official recognition.
5. Presidential Decree No. 448 provides for the Adjudication of Police Benefits and creating hearing
officers in the NAPOLCOM.
6. On Aug. 8, 1975, Presidential Decree No. 765 was enacted and stipulated that the office of the
NAPOLCOM should be under the office of the Ministry of National Defense. It defined also the
relationship between the Integrated National Police and the Philippine Constabulary. This was in
compliance with the provisions of Section 12, Article 15 of the 1973 Philippine Constitution.
7. Presidential Decree No. 1870 – Providing the Philippine National Police Academy with an academic
charter and expending its curricular.
Section 6. The State shall establish and maintain one police force, which shall be national in
scope and civilian in character, to be administered and controlled by a national police
commission. The authority of local executives over the police units in their jurisdiction shall be
provided by law.
Section 21. The preservation of peace and order within the regions shall be the responsibility of
the local police agencies which shall be organized, maintained, supervised, and utilized in
8
Police Administration, Organization and Planning, Dr. Danilo Lago Tancangco, 2012.
accordance with applicable laws. The defense and security of the regions shall be the
responsibility of the National Government.
9. Republic Act No. 6040. It is otherwise known as Tolentino Law. It empowered the Police
Commission to give appropriate examinations to officers and members of police force aimed at
professionalizing police services.