Lea1 1
Lea1 1
ORGANIZATION AND
ADMINISTRATION (INTER
AGENCY APPROACH)
CHAPTER 1
EVOLUTION OF
POLICING SYSTEM
1.THE ANGLO-SAXON PERIOD (ANCIENT
ENGLAND)
A. TUN POLICING SYSTEM – forerunner
of the word town.
- Under this system, all male residents are
required to guard the town to preserve
the peace, maintain order, and protect life and
property from harm and disturbance.
Tithing = 10 families
Tithingman - leader of a tithing
Reeve - leader of 10 Tithing
Tithingman and Reeve - possessed judicial
power as well as police authority
B. HUE AND CRY
- A village stated in
law provided britainapprehending
which
criminal by an act of the complainant to
shout to methods of residents to
call all male
assesmble and arrest the suspect.
C. TRIAL BY ORDEAL
- a judicial practice wherein the guilt or
innocence of the accused is determined by
subjecting him to unpleasant, usually
dangerous experience.
Ordeal - from medieval latin word
Indicum" which means "Dei "a
decision". miraculous
2. NORMAN PERIOD POLICING SYSTEM
A. SHIRE-RIEVE - said to be the origin of
the word sheriff.
- a policing system during norman period
when England was divided into fifty-five
(55) military areas called shires, each
headed by a ruler called Rieve. The shire-
rieve had absolute powers that no one
could questions his or her actions.
Two (2) constabuli were appointed to each
village to aid the Rieve in his duties.
B. TRAVELLING JUDGE
- a judge selected to hear cases which were
formerly being judge by the shire-rieve and
tasked to travel through and hear
criminal cases.
- This was the first instance of the division of
the police and judicial power.
C. LEGIS HENRICI
- an act that was enacted during this period
with the following features:
* Offenses were classified as against the king and
inddividual.
* Policeman becomes public servant.
* The police and citizens have the broad power to
arrest. Thus, introduced the system called
citizen's arrest
* Grand Jury was created to inquire on the facts of
the law. A system which made inquisition onto the
facts of the crime and eliminate the anglo- saxon
trial or trial by ordeal system.
D. FRANKPLEDGE SYSTEM
- a system of policing whereby a group of
ten (10) neighboring male residents
over twelve (12) years of age were
required to guard the town to preserve
peace and protect the lives and properties of
the people.
3. WESTMINSTER PERIOD OF
POLICING SYSTEM
- it is called by this name because the laws
governing policing came out of the capital of
England, which at the time was
westminster.
- A. statute of westminster of 1285,
a collection of regulations aimed at keeping
the peace.
- guards were appointed and the duties of
the constables were defined.
B. STATUTE OF 1295
- the law that marks the beginning of the
curfew hours, which demanded the
closing of the gates of London during
sundown.
C. JUSTICE OF THE PEACE (about 1361)
- Three or Four men who were learned in
the law of the land were given authority
to pursue, arrest, chastise and
imprisonment violators of the law.
D. STAR CHAMBER COURT (1487)
- a special court designed to try offenders
against the state. The room set-up is
formed in a shape of star and judges
were given great powers such as the
power to force testimony from a defendant
leading to a great abuse of power or
brutality on the part of the judges.
4. KEEPERS OF THE PEACE
- a proclamation issued by King Richard of
England sometime in 1195 that required 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.
5. KING CHARLES II of England (1663)
- passed an act established or promoted the
employment of watchmen or bellmen to be on
duty from sunset to sunrise.
6. MAGNA CARTA or "THE GREAT CHARTER"
- a law promulgated by King John of England
upon the demand of the knights of the round
table forcing the king to sign the same with the
following features:
* no free man shall be taken, imprisoned, banished or
exiled, except by legal judgment of his peers.
* no person shall be tried for murder unless there is
proof of the body of the victim.
THE MODERN POLICING
- In 1829, Sir Robert Peel introduced the
SYSTEM
Metropolitan Police Act which established
a full-time, professional and centrally-
organized police force for the greater
London area.
- He is regarded as the Father of Modern
Policing System.
PRINCIPLES OF LAW ENFORCEMENT ADVOCATED BY
SIR ROBERT PEEL
1. Prevention of crime is the basic mission of the police.
2. Police must have the full respect of the citizenry.
3. A citizen’s respect for law develops his respect for
the police.
4. Cooperation of the public decreases as the use of force
increases.
5. Police must render impartial enforcement of the law.
6. Physical force is used only as a last resort.
7. The police are the public and the public are the police.
8. The police represent the law.
9. The absence of crime and disorder is the test of police
efficiency.
CHAPTER 2
LAW ENFORCEMENT
ORGANIZATION
AND
ADMINISTRATION
CONCEPTS
LAW - It is the system of rules that a particular
country or community recognizes as regulating
the actions of its members and may enforce by the
imposition of penalties.
ENFORCEMENT - Means to compel obedience
to a law, regulation or command.
ORGANIZATION - A group of person working
together for a common goal or objective. A
form of human association for the attainment of goal
or objective.
ADMINISTRATION - An organizational process
concerned with the implementation of objectives and
plans and internal operating efficiency.
ORGANIZATIONAL STRUCTURE - The
systematic arrangement of the
relationship of the members, positions,
departments and functions or work of the
organization. It is comprised of functions,
relationships, responsibilities and
authorities of individuals within the
organization.
ORGANIZATIONAL CHART -
illustration in the form of a chart which
represents the organizational structure.
An
The mechanical means of depicting the
organizational structure.
TYPES OF
1. LINE ORGANIZATIONORGANIZATION
- The straight-line organization,
AL STRUCTURE often called
the individual, military or departmental
type of organization.
- Simplest and perhaps the oldest type; but
it is seldom encountered in its channels of
authority and responsibility
- Direct line from top to bottom within the
structures
- Authority is definite and absolute.
2. FUNCTIONAL ORGANIZATION
•FUNCTIONAL UNITS:
1. Bureau - the largest organic functional unit
within a large department. It comprises 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 within 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 post.
5. District - a geographical subdivision of a city
for patrol purposes, usually with its own station.
6. Area - a section or territorial division of a
large city each comprised of designated
districts.
ADMINISTRATION
• Gulick and Urwick - Pioneers of “The Science of
Administration”. In this book, they have
described the major functions of administration using the
acronym POSDCoRB.
Selection
- the process of screening out or
eliminating undesirable applicants who
do not meet the organization's criteria.
GENERAL QUALIFICATIONS FOR APPOINTMENT TO THE PNP
(RA6975, as amended by RA 8551 and RA 9708)
1. A citizen of the Philippines;
2. A person of good moral conduct;
3. Must have passed the psychiatric/psychological, drug and
physical tests to be administered by the PNP or by any
NAPOLCOM accredited government hospital for the purpose of
determining physical and mental health;
4. Must possess a formal baccalaureate degree from a recognized
institution of learning;
5. Must be eligible in accordance with the standards set by the
Commission;
6. Must not have been dishonorably discharged from military
employment or dismissed for cause from any civilian position in the
Government;
7. Must not have been convicted by final judgment of an offense or
crime involving moral turpitude;
8. Must be at least one meter and sixty-two centimeters (1.62 m) in
height for male and one meter and fifty-seven (1.57 m) for female;
9. Must weigh not more or less than five kilograms (5kgs) from the
standard weight corresponding to his or her height, age and sex;
10. For a new applicant, must not be less than twenty-one (21) nor
more than thirty (30) years of age
Pursuant to RA 9708,
“...PNP members who are already in the service upon the
effectivity of Republic Act No. 8551 shall be given five (5)
years to obtain the minimum educational qualification
preferably in law enforcement related courses, to be
reckoned from the date of the effectivity of this
amendatory Act: Provided, furthermore, That for
concerned PNP members rendering more than fifteen
(15) years of service and who have exhibited exemplary
performance as determined by the Commission, shall no
longer be required to comply with the aforementioned
minimum educational requirement.”
NOTE:
PNP member shall undergo a Field Training Program for 12
months involving actual experience and assignment in
PATROL, TRAFFIC, AND INVESTIGATION as a
requirement for permanency of their appointment.
TAKE NOTE:
• The waiver of the height requirement may be
granted to those who belong to the
indigenous groups duly certified by the
National Commission on Indigenous
Peoples (NCIP) or by the National
Commission on Muslim Filipinos (NCMF).
• The minimum height requirement for
applicants who belong to the indigenous
groups shall be 1.52 meters for male and
1.45 meters for female.
WAIVERS FOR INITIAL APPOINTMENTS TO THE PNP:
Age, Height and Weight requirements may be waived only
when the number of qualified applicants FALL BELOW
THE MINIMUM ANNUAL QUOTA. Provided, That an
applicant shall NOT BE BELOW 20 NOR OVER 35
YEARS OF AGE. Any applicant not meeting the weight
requirement shall be given reasonable time BUT NOT
EXCEEDING 6 MONTHS within which to comply with
the said requirement.
Applicants who possess the LEAST DISQUALIFICATION
shall take precedence over those who posses more
disqualifications. Any PNP uniformed personnel who are
admitted due to waiver of educational or weight
requirements shall be issued a TEMPORARY
APPOINTMENT. PNP member who shall be dismissed
under waiver program SHALL BE ELIGIBLE TO RE-
APPLY for appointment to the PNP.
APPOINTMENT OF UNIFORMED PNP PERSONNEL(Sec. 31, RA
6975)
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.
Inspector to Superintendent. — Appointed by the Chief of the PNP, as
recommended by their immediate superiors, attested by the Civil Service
Commission;
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
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.
TYPES OF POLICE APPOINTMENTS:
KINDS OF PROMOTION:
• REGULAR PROMOTION – granted to police
officers meeting the mandatory requirements
for promotion.
• SPECIAL PROMOTION – granted to police
officers who have exhibited acts of conspicuous
courage and gallantry at the risk of his/her life
above and beyond the call of duty
• PROMOTION BY VIRTUE OF POSITION – any
PNP personnel designated to any key position
whose rank is lower than that which is required for
such position shall, after 6 months of
occupying the same, be entitled to a rank
adjustment corresponding to the position.
A) PROVINCIAL GOVERNOR
- power to choose the PNP Provincial Director
from a list of 3 eligibles recommended by the
PNP Regional Director.
- oversee the implementation of the provincial
public safety plan.
B) CITY AND MUNICIPAL MAYORS
- has the power to choose his CHIEF OF POLICE
from a list of five (5) eligibles recommended by
the provincial police director.
- he has the authority to recommend to the
provincial director the transfer, reassignment or
detail of PNP members outside of their
respective city or town .
- Authority to recommend from a list of eligibles,
the appointment of new members of the PNP to
be assigned in respective cities.
– exercise operational supervision and control over PNP
units in their jurisdiction, except during the 30 days
period immediately preceding and the
30 days following any national, local and
barangay elections.
EMPLOYMENT - refers to 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.
Director VI SG 30 Director 30
Director V SG 29 Deputy Director 29
(Assistant Director)
Director III SG 27 Assistant Director 28
(Deputy Director)
Director II SG 26 Regional Director 27
(Regional Director)
Director I SG25 Assistant Regional Director 26
(Assistant Regional Director)
Investigation Agent VI SG25 Head Agent 25
(Head Agent)
Investigation Agent V SG 24 Supervising Agent 24
(Supervising Agent)
Investigation Agent IV SG 23 Senior Agent 23
(Senior Agent)
Investigation Agent III SG 23 Investigation Agent III(Agent) 22
Investigation Agent II SG 20
Investigation Agent I SG 18
Special Investigator V SG 24
Special Investigator IV SG 22
Special Investigator III SG 18
Sec. 4. Powers and Functions. – The NBI shall
have the following powers and functions:
(a) Undertake investigation and detection of
crimes and offenses enumerated under Section 5
hereof;
(b) Issue subpoena for the appearance of any
person for investigation or production of
documents, through its officers from the ranks of
Regional Director to Director;
(c) Act as a national clearing house of criminal
records and other related information for the
benefit of the government;
(d) Render technical assistance to government
agencies and instrumentalities, when so
requested;
Sec. 5. Jurisdiction. – The NBI shall have primary
jurisdiction to undertake investigations in the
following cases:
(a) Human Trafficking cases in all airports in the
Philippines;
(b) Extrajudicial/Extra-legal killings committed by
the state's security forces against media
practitioners and activists;
(c) Killings of justices and judges;
(d) Violation of Republic Act No. 10175, otherwise
known as the "Cybercrime Prevention Act"
(e) Cases referred by the Inter-Agency Anti-
Graft Coordinating Council (IAGCC);
(f) Violations of the Anti-Dummy Law; (C.A. 108)
(g) Cases involving threats to security or
assaults against the persons of the
President, Vice President, Senate
President, Speaker of the House of
Representatives, and Chief Justice of the
Supreme Court;
(h) Transnational crimes pursuant to existing
international agreements;
(i) Identification of the dead/victims in case
of mass fatality incidents caused by
natural disasters; and
(j) Violations of commercial, economic, and
financial or white-collar crimes such as, but not
limited to, those punishable under Republic Act No.
8792, otherwise known as "E-Commerce Act of
2000"; Republic Act No. 8484, otherwise known
as "Access Devices Regulations Act of 1998";
Republic Act No. 8293, otherwise known as
"Intellectual Property Code of the
Philippines"; Republic Act No. 8799, otherwise
known as "Securities Regulation Code";
Presidential Decree No. 1689, otherwise known as
"Decree Increasing the Penalty for Certain Forms
of Estafa", and other similar penal statutes that
may be enacted by Congress.
Provided, however, That the President or the
Secretary of Justice may direct the NBI to
undertake the investigation of any crime when
public interest so requires.
Sec. 8. Qualifications of NBI Agents. –
The minimum qualifications of NBI agents
are the following:
(a) Citizen of the Philippines;
(b) Of good moral character;
(c) A member of the Philippine Bar or a
holder of a Baccalaureate Degree who
passed the necessary government
licensure examination relevant to the
investigative functions of the NBI; and
(d) Successfully passed the competitive
mental and physical examinations required by
the NBI.
BUREAU OF IMMIGRATION
- The bureau was given the sole authority to
enforce and administer immigration and
foreign nationals registration laws
including the admission, registration,
exclusion and deportation and repatriation of
foreign nationals. It also supervises the
immigration from the Philippines of foreign
nationals.
GENERAL FUNCTIONS
1. Acts as the primary enforcement arm of the
Department of Justice and the President of the
Philippines in ensuring that all foreigners within its
territorial jurisdiction comply with existing Laws
2. Assists local and international law enforcement
agencies in securing the tranquility of the state
against foreigners whose presence or stay may be
deemed threats to national security, public safety,
public morals and public health and;
3. Acts as chief repository of all immigration
records pertaining to entry, temporary sojourn,
admission, residence and departure of all
foreigners in the country.
COMMONWEALTH ACT NO. 613
SECTION 1. This Act shall be known as “The
Philippine Immigration Act of 1940.”
SEC. 2. A Bureau of Immigration is established
under a Commissioner of Immigration, who shall
have two assistants, a First Deputy
Commissioner of Immigration and a Second
Deputy Commissioner of Immigration.
For administrative purposes, the Bureau of
Immigration shall be under the supervision and
control of the Department of Labor or of any
other executive department which the President may
subsequently determine.
PHILIPPINE DRUG ENFORCEMENT AGENCY