Law Enforcement Administration PDF
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Summary
This document provides an overview of law enforcement administration, focusing on police organization, management, and functions. It discusses concepts such as police organization, planning, organizing, directing, controlling, and staffing within a law enforcement context. The document is suitable for students in criminal justice studies.
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Law Enforcement Administration Arellano University College of Criminal Justice For Arellano University College of Criminology Use Only LAW ENFORCEMENT ADMINISTRATION POLICE ORGANIZATION AND ADMINISTRATION WITH POLICE PLANNING I. MANAGEMENT AND ORGA...
Law Enforcement Administration Arellano University College of Criminal Justice For Arellano University College of Criminology Use Only LAW ENFORCEMENT ADMINISTRATION POLICE ORGANIZATION AND ADMINISTRATION WITH POLICE PLANNING I. MANAGEMENT AND ORGANIZATION CONCEPTS ORGANIZATION - a group of persons working together for a common goal or objectives - a form of human association for the attainment of a goal or objective - the process of identifying and grouping the work to be performed, defining and delegating responsibility and authority, establishing relationships for the purpose of enabling people work effectively POLICE ORGANIZATION - 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 LAW ENFORCEMENT AGENCY - pertains to an organization responsible for enforcing the laws ENFORCEMENT - means to compel obedience to a law, regulation or command OBJECTIVES - refer to the purpose by which the organization was created - refer to the goals of the organizations PNP MISSION “To enforce the law, to prevent and control crimes, to maintain peace and order, and to ensure public safety and internal security with the active support of the community” ADMINISTRATION - an organizational process concerned with the implementation of objectives and plans and internal operating efficiency - connotes bureaucratic structure and behavior, relatively routine decision-making and maintenance of the internal order POLICE - a branch of the criminal justice system that has the specific responsibility of maintaining law and order and combating crime within the society Page 1 of 40 For Arellano University College of Criminology Use Only POLICE/LAW ENFORCEMENT ADMINISTRATION - the process involved in ensuring strict compliance, proper obedience of laws and related statutes - focuses on the policing process or how law enforcement agencies are organized and managed in order to achieve the goals of law enforcement most effectively, efficiently and productively SUPERVISION - means the act of watching over the work or tasks of the members of the organization to ensure that desired results are achieved MANAGEMENT - the process of directing and facilitating the work of people organized in formal groups in order to achieve objectives - judicious or wise use of resources (manpower, material, money, equipment, supplies, time etc) AUTHORITY - the right to command and control the behavior of employees in lower positions within an organizational hierarchy - must be viewed in terms of prescribed roles rather than of individuals - a particular position within an organization carries the same regardless of who occupies that position HIERARCHY - represents the formal relationship among superiors and subordinates in any given organization - serves as the framework for the flow of authority downward, and obedience upward, through the department MANAGEMENT OR ADMINISTRATIVE FUNCTIONS 1) PLANNING - the determination in advance of how the objectives of the organization will be attained - the process of setting performance objectives and identifying the actions needed to accomplish them - working out in broad outline the things that need to be done and the methods for doing them to accomplish the purpose set for the enterprise 2) ORGANIZING - involves the determination and allocation of the men and women as well as the resource of an organization to achieve pre-determined goals or objectives of the organization - the process of dividing the work to be done and coordinating results to achieve a desired purpose - establishment of the formal structure of authority through which work subdivisions are arranged, defined and coordinated for the desired objectives Page 2 of 40 POLICE/LAW ENFORCEMENT ADMINISTRATION - the process involved in ensuring strict compliance, proper obedience of laws and related statutes - focuses on the policing process or how law enforcement agencies are organized and managed in order to achieve the goals of law enforcement most effectively, efficiently and productively SUPERVISION - means the act of watching over the work or tasks of the members of the organization to ensure that desired results are achieved MANAGEMENT - the process of directing and facilitating the work of people organized in formal groups in order to achieve objectives - judicious or wise use of resources (manpower, material, money, equipment, supplies, time etc) AUTHORITY - the right to command and control the behavior of employees in lower positions within an organizational hierarchy - must be viewed in terms of prescribed roles rather than of individuals - a particular position within an organization carries the same regardless of who occupies that position HIERARCHY - represents the formal relationship among superiors and subordinates in any given organization - serves as the framework for the flow of authority downward, and obedience upward, through the department MANAGEMENT OR ADMINISTRATIVE FUNCTIONS 1) PLANNING - the determination in advance of how the objectives of the organization will be attained - the process of setting performance objectives and identifying the actions needed to accomplish them - working out in broad outline the things that need to be done and the methods for doing them to accomplish the purpose set for the enterprise 2) ORGANIZING - involves the determination and allocation of the men and women as well as the resource of an organization to achieve pre-determined goals or objectives of the organization - the process of dividing the work to be done and coordinating results to achieve a desired purpose - establishment of the formal structure of authority through which work subdivisions are arranged, defined and coordinated for the desired objectives Page 2 of 40 3) DIRECTING - involves the overseeing and supervising of the human resources and the various activities in an organization to achieve through cooperative efforts the pre-determined goals or objectives of the organization - also called leading, the process of directing and coordinating the work efforts of other people to help them accomplish important task - task of making decisions and embodying them in specific and general orders and instructions 4) CONTROLLING - involves the checking or evaluation and measurement of work performance and comparing it with planned goals or objectives of the organization, and making the necessary corrective actions so that work is accomplished as planned - the process of monitoring performance, comparing results to objectives and taking corrective action as necessary - also called supervising 5) STAFFING - the task of providing competent men to do the job and choosing the right men for the right job - involves good selection and processing of reliable and well-trained personnel - filling the organization with the right people in the right position 6) REPORTING - the making of detailed account of activities, work progress, investigations and unusual in order to keep every one informed or what is going on 7) BUDGETING - the forecasting in detail of the results of an officially recognized program of operations based on the highest reasonable expectations of operating efficiency PRINCIPLES OF EFFICIENT MANAGEMENT DIVISION OF WORK - work specialization can increase efficiency with the same amount of effort AUTHORITY AND RESPONSIBILITY - authority includes the right to command and the power to require obedience - one cannot have authority without responsibility DISCIPLINE - necessary for an organization to function effectively, however, the state of the disciplinary process depends upon the quality of its leaders Page 3 of 40 sa UNITY OF COMMAND - subordinate should receive orders from one superior only SCALAR CHAIN - the hierarchy of authority is the order of ranks from the highest to the lowest levels of the organization - shows the vertical hierarchy of the organization which defines an unbroken chain of units from top to bottom describing explicitly the flow of authority ORGANIZATIONAL UNITS IN THE POLICE ORGANIZATION 1) FUNCTIONAL UNITS a) BUREAU - the largest organic functional unit within a large department; comprises of several divisions b) DIVISION - a primary subdivision of a bureau c) SECTION - functional unit within a division that is necessary for specialization d) UNIT - functional group within a section or the smallest functional group within an organization 2) TERRITORIAL UNITS a) 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 b) ROUTE - a length of streets designated for patrol purposes; also called line beat c) BEAT - an area assigned for patrol purposes, whether foot or motorized d) SECTOR - an area containing two or more beats, routes or posts e) DISTRICT - a geographical subdivision of a city for patrol purposes, usually with its own station f) AREA - a section or territorial division of a large city each comprised of designated districts FUNCTIONS IN A POLICE ORGANIZATION 1) PRIMARY OR LINE FUNCTIONS - functions that carry out the major purposes of the organization, delivering the services and dealing directly with the public - the backbone of the police department - examples of the line functions of the police are patrolling, traffic duties, crime investigation Page 4 of 40 sa 2) STAFF/ADMINISTRATIVE FUNCTIONS - functions that are designed to support the line functions and assist in the performance of the line functions - examples of the staff functions of the police are planning, research, budgeting and legal advice 3) AUXILIARY FUNCTIONS - functions involving the logistical operations of the organization - examples are training, communication, maintenance, records management, supplies and equipment management ORGANIC UNITS IN A POLICE ORGANIZATION 1) OPERATIONAL UNITS - those that perform primary or line functions - examples are patrol, traffic, investigation and vice control, 2) ADMINISTRATIVE UNITS - those that perform the administrative functions examples are personnel, finance, planning and training 3) SERVICE UNITS - those that perform auxiliary functions - examples are communication, records management, supplies 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 KINDS OF ORGANIZATIONAL STRUCTURES 1) LINE - the oldest and simplest kind; also called military - defined by its clear chain of command from the highest to the lowest and vice versa - depicts the line functions of the organization - orders or commands must come from the higher level of authority before it can be carried out - involves few departments 2) FUNCTIONAL - structure according to functions and specialized units - depicts staff functions of the organization - responsibilities are divided among authorities who are all accountable to the authority above 3) LINE AND STAFF - a combination of the line and functional kind - combines the flow of information from the line structure with the staff departments that service, advise, and support them Page 5 of 40 sa - generally more formal in nature and has many departments The Philippine National Police follows the line and staff kind of organizational structure. ORGANIZATIONAL CHART - an illustration in the form of a chart which represents the organizational structure - the mechanical means of depicting, by an arrangement of symbols, the relationships that exist between individuals, groups and functional relationships between groups and individuals clearly defined to ensure accountability and compliance ORGANIZATIONAL PRINCIPLES FOUR PRIMAL CONDITIONS OF AN ORGANIZATION 1) AUTHORITY - the supreme source of government for any particular organization - the right to exercise, to decide and to command by virtue of rank and position 2) MUTUAL COOPERATION - an organization exists because it serves a purpose 3) DOCTRINE - provides for the organization’s objectives - provides the various actions, hence, policies, procedures, rules and regulations of the organization are based on the statement of doctrines 4) DISCIPLINE - comprising behavioral regulations ELEMENTS OF POLICE ORGANIZATION 1) UNITY OF COMMAND - dictates that there should only be ONE MAN commanding the unit to ensure uniformity in the execution of orders 2) SPAN OF CONTROL - the maximum number of subordinates that a superior can effectively supervise Factors affecting the span of control: a) Leadership qualities of the supervisors b) Nature of the job and work conditions c) Complexity of task d) Education and skill of the employees 3) DELEGATION OF AUTHORITY - conferring of an amount of authority by a superior position to a lower-level position 4) HIERARCHY OF AUTHORITY - the relationship between superiors and subordinates age 6 of 40 sa - serves as the framework for the flow of authority downward and obedience upward through the department HIERARCHY - represents the formal relationship among superiors and subordinates in any given organization 5) SPECIALIZATION - the assignment of particular personnel to particular tasks SPECIALIZATION OF JOBS (AREAS OF SPECIALIZATION) - the designation of certain activities or tasks as ones that must be performed in a highly technological, scientific or precise manner - areas of police specialization include undercover works, crime scene operations, legal advising, computer work, SWAT operations and others SPECIALIZATION OF PEOPLE (SPECIALISTS) - the designation of particular persons as having expertise in a specific area of work - signifies the adaptation of an individual to the requirements through extensive training 6) CHAIN OF COMMAND - the arrangement of officers from top to bottom on the basis of rank or position and authority 7) COMMAND RESPONSIBILITY - dictates that immediate commanders shall be responsible for the effective supervision and control of their personnel and unit II. EVOLUTION OF THE POLICING SYSTEM ORIGIN OF THE WORD “POLICE” POLITEIA – Greek word which means government of the city POLITIA – Roman word which means condition of the state or government POLICE – French word which was later adopted by the English language THEORIES OF POLICE SERVICE 1) HOME RULE THEORY - policemen are regarded as servants of the community, who rely for the efficiency of their functions upon the express needs of the people - policemen are civil servants whose key duty is the preservation of public peace and security 2) CONTINENTAL THEORY Page 7 of 40 sa - policemen are regarded as state or servants of the higher authorities - the people have no share or have little participation with the duties nor connection with the police organization CONCEPTS OF POLICE SERVICE 1) OLD CONCEPT - police service gives the impression of being merely a suppressive machinery - this philosophy advocates that the measurement of police competence is the increasing number of arrests, throwing offenders in detention facilities rather than trying to prevent them from committing crimes 2) MODERN CONCEPT - regards police as the first line of defense of the criminal justice system, an organ of crime prevention - police efficiency is measured by the decreasing number of crimes - broadens police activities to cater to social services and has for its mission the welfare of the individual as well as that of the community in general EARLY POLICING SYSTEM 1) KIN POLICING - the family of the offended individual was expected to assume responsibility for justice - the family of the victim was allowed to exact vengeance 2) EGYPT - ancient rulers had elite unit to protect them - created the MEDJAYS, a form of police force whose duties include guarding of the tombs and apprehending thieves - introduced the use of dogs as guards and protectors 3) ROME - created the first organized police force called VIGILES OF ROME, or VIGILES URBANI (watchmen of the city), which had the primary task of firefighting and policing - the Vigiles acted as night watch, apprehendinng thieves, keeping an eye out for burglars and hunting down runaway slaves, and were on occasion used to maintain order in the streets - the Vigiles dealt primarily with petty crimes and looked for disturbances of the peace while they patrolled the streets - created a special unit called PRAETORIAN GUARDS, a special force of guards used by Roman Emperors as the Emperors' personal guards - as personal guards of the Emperor, their primary duty was to protect the Emperor from assassination and other forms of attack against the Emperor 4) ENGLAND Page 8 of 40 sa a) FRANKPLEDGE SYSTEM/MUTUAL PLEDGE SYSTEM - required all males aged 12 and above to join a group of nine to form a TYTHING - members of the tything are called a TYTHINGMEN - a CONSTABLE served as a leader of ten tythings - the primary task of the things was to protect their village from thieves and animals - tythings were later organized into SHIRES - a shire was headed by a leader called SHIRE REEVE, which is the origin of the word “sheriff” - their duty was to apprehend offenders b) PARISH CONSTABLES - a parish official charged with controlling crimes - appointed to serve for one year - duties included organizing watchmen to guard the gates - during trouble, the watchman would raise a “HUE AND CRY”, a call to arms where the rest of the parish would stop what they were doing and come to the aid of the constable MODERN POLICING SYSTEM 1) ENGLAND a) BOWSTREET RUNNERS - a group of men organized to arrest offenders - organized by Henry Fielding, a magistrate in London, in 1749 in London, England - the name was adopted from the name of the street where the office of Henry Fielding was located - when Henry Fielding retired as magistrate, he was replaced by his blind brother, John Fielding b) METROPOLITAN POLICE OF ACT 1829 - the law that created the first modern police force in London England, called the Metropolitan Police Service - this law was passed through the initiative of Sir Robert Peel, a member of the Parliament - the headquarters of the Metropolitan Police Service is the Scotland Yard, now known as the New Scotland Yard SIR ROBERT PEEL - recognized as the father of modern policing system 2) UNITED STATES OF AMERICA a) NEW YORK POLICE DEPARTMENT - created in 1845 in New York, USA - recognized as the first modern style police department in the US - the largest police force in the world - modeled after the Metropolitan Police Service of London b) BOSTON POLICE DEPARTMENT - the oldest police department in the US - the first night watch was established in Boston in 1631 - formally founded in May, 1854 Page 9 of 40 sa AUGUST VOLLMER - recognized as the Father of Modern Law Enforcement for his contributions in the development of the field of criminal justice in the US - author of the book, Police Administration, which served as the basic guide in the administration of the police organization in the US - was the first police chief of Berkeley, California III. BRIEF HISTORY OF THE PHILIPPINE POLICING SYSTEM The institution of police in the Philippines formally started during the Spanish period. The establishment of the police force was not entirely intended for crime prevention nor peacekeeping. Rather, it was created as an extension of the colonial military establishment. Ancient Roots The forerunner of the contemporary police system was the practice of barangay chieftains to select able-bodied young men to protect their barangay during the night and were not required to work in the fields during daytime. Among the duties of those selected were to protect the properties of the people in the barangay and protect their crops and livestock from wild animals. Spanish Period Carabineros de Seguridad Publica – organized in 1712 for the purpose of carrying the regulations of the Department of State; this was armed and considered as the mounted police; years after, this kind of police organization discharged the duties of a port, harbor and river police Guardrilleros/Cuardillo – this was a body of rural police organized in each town and established by the Royal Decree of 18 January 1836; this decree provided that 5% of the able-bodied male inhabitants of each province were to be enlisted in this police organization for three years Guardia Civil – this was created by a Royal Decree issued by the Crown on 12 February 1852 to partially relieve the Spanish Peninsular 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 provinces of Luzon under the Alcalde Mayor American Period The Americans established the United States Philippine Commission headed by General Howard Taft as its first governor-general. On January 9, 1901, the Metropolitan Police Force of Manila was organized pursuant to Act No 70 of the Taft Commission. This has become the basis for the Page 10 of 40 sa celebration of the anniversary of the Manila’s Finest every January 9th. ACT NO 175 – entitled “An Act Providing for the Organization and Government of an Insular Constabulary”, enacted on July 18, 1901 CAPT HENRY ALLEN - the first chief of the Philippine Constabulary in 1901 ACT NO 183 - created the Manila Police Department, enacted on July 31, 1901 CAPT GEORGE CURRY, - the first chief of police of the Manila Police Department in 1901 Act No 255 – the act that renamed the Insular Constabulary into Philippine Constabulary, enacted on October 3, 1901 Executive Order – 389 ordered that the Philippine Constabulary be one of the four services of the Armed Forces of the Philippines, enacted on December 23, 1940 Post-American Period RA 4864 – otherwise known as the Police Professionalization Act of 1966, enacted on September 8, 1966; created the Police Commission (POLCOM) as a supervisory agency to oversee the training and professionalization of the local police forces under the Office of the President; later POLCOM was renamed into National Police Commission (NAPOLCOM) Martial Law Period PD 765 – otherwise known as the Integration Act of 1975, enacted on August 8, 1975; established the Integrated National Police (INP) composed of the Philippine Constabulary (PC) as the nucleus and the integrated local police forces as components, under the Ministry of National Defense - transferred the NAPOLCOM from the Office of the President to the Ministry of National Defense Post Martial Law Regime Executive Order No 1012 – transferred to the city and municipal government the operational supervision and direction over all INP units assigned within their locality; issued on July 10, 1985 Executive Order No 1040 – transferred the administrative control and supervision of the INP from the Ministry of National Defense to the National Police Commission RA 6975 – otherwise known as the Department of the Interior and Local Government Act of 1990, enacted on December 13, Page 11 of 40 sa 1990; reorganized the DILG and established the Philippine National Police, Bureau of Fire Protection, Bureau of Jail Management and Penology and the Philippine Public Safety College RA 8551 – otherwise known as the Philippine National Police Reform and Reorganization Act of 1998, enacted on February 25, 1998; this law amended certain provisions of RA 6975 RA 9708 - law amending the provisions of RA 6975 and RA 8551 on the minimum educational qualification for appointment to the PNP and adjusting the promotion system ; approved on 12 August 2009 “AN ACT EXTENDING FOR FIVE (5) YEARS THE REGLEMENTARY PERIOD FOR COMPLYING WITH THE MINIMUM EDUCATIONAL QUALIFICATION FOR APPOINTMENT TO THE PHILIPPINE NATIONAL POLICE (PNP) AND ADJUSTING THE PROMOTION SYSTEM THEREOF, AMENDING FOR THE PURPOSE PERTINENT PROVISIONS OF REPUBLIC ACT NO. 6975 AND REPUBLIC ACT NO. 8551 AND FOR OTHER PURPOSES” IMPORTANT FILIPINO PERSONALITIES IN THE EVOLUTION OF PHILIPPINE POLICING BRIG GEN RAFAEL CRAME - the first Filipino chief of the Philippine Constabulary in 1917 COL ANTONIO TORRES - the first Filipino chief of police of the Manila Police Department in 1935 COL LAMBERTO JAVALERA - the first chief of police of the Manila Police Department after the Philippine Independence from the United States of America in 1946 P/DIR GEN CESAR NAZARENO - the first chief of the Philippine National Police IV. HIGHLIGHTS OF RA 6975 – THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ACT OF 1990, RA 8551 – THE PHILIPPINE NATIONAL POLICE REFORM AND REORGANIZATION ACT OF 1998 and RA 9708 A. THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (DILG) - formerly Department of Local Government (DLG) - reorganized under RA 6975 ORGANIZATION: - consist of: a) the Department proper b) existing bureaus and offices of the DLG c) local government units (LGU) 1) provincial governors Page 12 of 40 sa 2) city and municipal mayors d) the National Police Commission e) the Philippine Public Safety College f) Philippine National Police g) Bureau of Fire Protection h) Bureau of Jail Management and Penology - the PPSC, PNP, BFP and BJMP were created under RA 6975 - headed by the Secretary to be appointed by the President and who shall serve at the pleasure of the President - the Secretary shall be assisted by two (2) Undersecretaries and three (3) Assistant Secretaries a) Undersecretary for Local Government b) Undersecretary for Peace and Order - No retired orresigned military officer or police official may be appointed as Secretary within one (1) year from date of retirement or resignation - the Secretary is also the ex officio chairman of the National Police Commission - refer to the organizational chart of DILG - POWERS AND FUNCTIONS OF THE DILG 1) Assist the President in the exercise of general supervision over local governments; 2) Advise the President in the promulgation of policies, rules, regulations and other issuances on the general supervision over local governments and on public order and safety; 3) Establish and prescribe rules, regulations and other issuances implementing laws on public order and safety, the general supervision over local governments and the promotion of local autonomy and community empowerment and monitor compliance thereof; 4) Provide assistance towards legislation regarding local governments, law enforcement and public safety; Establish and prescribe plans, policies, programs and projects to promote peace and order, ensure public safety and further strengthen the administrative, technical and fiscal capabilities of local government offices and personnel; 5) Formulate plans, policies and programs which will meet local emergencies arising from natural and man-made disasters; Establish a system of coordination and cooperation among the citizenry, local executives and the Department, to ensure effective and efficient delivery of basic services to the public; 6) Organize, train and equip primarily for the performance of police functions, a police force that is national in scope and civilian in character. 7) RELATIONSHIP OF THE DILG WITH THE DEPARTMENT OF NATIONAL DEFENSE (DND) - under RA 6975, the Armed Forces of the Philippines (AFP) was in charge with external security while the DILG was in charge with internal security Page 13 of 40 sa - under RA 8551, the Armed Forces of the Philippines is now in charge with both internal and external security with the PNP as support through information gathering and performance of ordinary police functions B. NATIONAL POLICE COMMISSION - an agency attached to the DILG for policy coordination - shall exercise administrative control and operational supervision over the PNP VISION OF THE NAPOLCOM "We envision the National Police Commission as a highly dynamic, committed and responsive administering and controlling body, actively and effectively facilitating the evolvement of a highly professional, competent, disciplined, credible and trustworthy PNP" MISSION OF THE NAPOLCOM "To administer and control the Philippine National Police with the end in view of maintaining a highly professional, competent, disciplined, credible and trustworthy PNP” POWERS AND FUNCTIONS OF THE NAPOLCOM A. Exercise administrative control and operational supervision over the Philippine National Police (PNP) 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 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 annual self-report surveys and compile statistical data for 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 administrative actions involving the demotion or dismissal from the service imposed upon members of the Philippine National Police by the Chief of the Philippine National Police; 7. Exercise appellate jurisdiction through the Regional Appellate Boards, over administrative cases against policemen and over decisions on claims for police benefits; Page 14 of 40 sa 8. Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the Philippine Heraldry Commission, for insignia of ranks, awards, medals of honor; 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 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 Congress an annual report of 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 legislations; 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 R.A. 6975, as amended, other existing laws and Presidential issuances, and as the President may direct. COMPOSITION: - consist of Chairperson, a four (4) regular Commissioners and the Chief of PNP as ex officio member - shall serve a term of office of six (6) years without reappointment or extension - three of the four regular commissioners shall come from civilian sector and not former members of the police or military - the fourth regular commissioner shall come from the law enforcement sector either active or retired - at least one (1) of the four regular commissioners shall be a woman - from among the three regular commissioners from the civilian sector, the Vice Chairperson shall be chosen - the Vice Chairperson shall act as the Executive Officer of the Commission - refer to the organizational structure of the NAPOLCOM QUALIFICATIONS OF THE REGULAR COMMISSIONERS Page 15 of 40 sa - citizens of the Philippines - lawyers with at least five (5) years experience in handling criminal or human rights cases; or - holders of a master’s degree in public administration, sociology, criminology, criminal justice, law enforcement and other related disciplines ORGANIZATIONAL STRUCTURE - composed of: a) Commission Proper b) Staff Services 1) Planning and Research 2) Legal Affairs 3) Crime Prevention and Coordination 4) Personnel and Administrative Service 5) Inspection, Monitoring and Investigation 6) Installations and Logistics 7) Financial Service c) Disciplinary Appellate Boards 1) National Appellate Board shall decide cases on appeal from the decisions rendered by the Chief, PNP 2) Regional Appellate Board shall decide cases on appeal from decisions rendered by the mayor, PLEB, and PNP officers other than the Chief, PNP C. PHILIPPINE NATIONAL POLICE - organized pursuant to RA 6975, as amended by RA 8551 - a law enforcement agency under the operational control of the Department of the Interior and Local Government and administrative supervision of the National Police Commission - it is an organization that is national in scope and civilian in character, as provided by Section 6, Article 16 of the 1987 Philippine Constitution: “The state shall establish and maintain one police force which shall be national in scope and civilian in character…” - headed by the Chief, PNP, with the rank of Director General, appointed by the President and who shall serve a term of office of four (4) years - NATIONAL IN SCOPE - means that the PNP is a nationwide government organization whose jurisdiction covers the entire breadth of the Philippine archipelago - all uniformed and non-uniformed personnel of the PNP are national government employees CIVILIAN IN CHARACTER - means that that the PNP is not a part of the military, although it retains some military attributes such as discipline Page 16 of 40 sa POWERS AND FUNCTIONS OF THE PNP 1) Enforce all laws and ordinances relative to the protection of lives and properties; 2) Maintain peace and order and take all necessary steps to ensure public safety; 3) Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution; 4) Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws; 5) 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; 6) Issue licenses for the possession of firearms and explosives in accordance with law; 7) 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 purpose of their professions. DUTIES AND RESPONSIBILITIES OF A POLICE OFFICER 1) He shall be ready at all times to perform his duties and obey the lawful orders of his superior officers or higher authority; 2) He shall be responsible for the efficient performance of his duties and adequate coverage of his beat or post; 3) He shall cooperate and coordinate with the other members of his relief, district or other division segments so that their teamwork may ensure continuity of purpose and maximum achievement of the objectives of the department; 4) He shall be available for duty at all times in case of special needs or emergencies; 5) He shall respond readily and report punctually to all assignments; 6) He shall execute the service program within his area of responsibility providing for prevention of crime, protection of life and property, apprehension and prosecution of offenders, preservation of peace and enforcement of regulatory measures; 7) He shall familiarize himself with administrative ad operational policies of the department; 8) He shall be in prescribed attire and have the required equipment when reporting for duty; 9) He shall be attentive to instruction and record information given during the briefing or roll-call training and shall likewise record his activities during his tour of duty; 10) He shall supervise and inspect all public and licensed places within his area of responsibility. ORGANIZATION and COMPOSITION OF THE PNP - shall be headed by a Chief who shall be assisted by two (2) deputy chiefs: Page 17 of 40 sa 1) Deputy Chief for Administration 2) Deputy Chief for Operations - the Chief PNP and the two (2) deputy chiefs shall be appointed by the President - no officer who is retirable within six (6) months shall be appointed Chief - the PNP shall be composed of a national office, regional offices, provincial offices, district offices, and city or municipal stations - refer to the organizational structure of the Philippine National Police CAMP RAFAEL CRAME - the national headquarters of the Philippine National Police, located in Quezon City - houses the offices of the following: a) Chief, PNP b) two (2) deputy chiefs c) Chief, Directorial Staff d) ten (10) directorial staff e) nine administrative units f) ten operational units POLICE REGIONAL OFFICES - the PNP is divided into seventeen (17) police regional offices (PRO), each headed by a Regional Director: National Capital Region Police Office (NCRO) PRO 1 to PRO 13 Cordillera Autonomous Region (CAR) Autonomous Region of Muslim Mindanao (ARMM) PROVINCIAL POLICE OFFICES - for every region, there are provincial offices, each headed by a Provincial Director - in large provinces, police districts may be established to be headed by a District Director - at the city or municipal levels or stations, each is headed by a Chief of Police DISTRICT OFFICES - NCRPO is divided into five (5) districts, each headed by a District Director: Manila Police District (formerly Western Police District)- Manila Eastern Police District (EPD) – San Juan, Mandaluyong, Pasig Northern Police District (NPD) – Caloocan, Malabon, Valenzuela Central Police District (CPD) – Quezon City Southern Police District (SPD) – Pasay and Makati PNP ADMINISTRATIVE SUPPORT UNITS 1) CRIME LABORATORY - shall provide scientific and technical investigate aid and support to the PNP and other government investigative agencies Page 18 of 40 sa 2) LOGISTICS UNIT - headed by a Director with the rank of CHIEF SUPERINTENDENT - shall be responsible for the procurement, distribution and management of all the logistical requirements of the PNP including firearms and ammunition 3) COMMUNICATIONS UNIT - shall be responsible for establishing an effective police communications network 4) COMPUTER CENTER - shall be responsible for the design, implementation and maintenance of a database system for the PNP 5) FINANCE CENTER - shall be responsible for providing finance services to the PNP 6) CIVIL SECURITY UNIT - shall provide administrative services and general supervision over the organization, business operation and activities of all organized private detectives, watchmen, security guard agencies and company guard forces OPERATIONAL SUPPORT UNITS 1) MARITIME POLICE UNIT - shall perform all police functions over Philippine territorial waters and rivers 2) POLICE INTELLIGENCE UNIT - shall serve as the intelligence and counterintelligence operating unit of the PNP 3) POLICE SECURITY UNIT - shall provide security for government officials, visiting dignitaries and private individuals authorized to be given protection 4) 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 5) 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 Page 19 of 40 sa 6) 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 - 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, and enforce all laws and regulations relative to air travel protection and safety 8) TRAFFIC MANAGEMENT UNIT - shall enforce traffic laws and regulations 9) MEDICAL AND DENTAL CENTERS - shall be responsible for providing medical and dental services for the PNP 10) CIVIL RELATIONS UNIT - shall implement plans and programs that will promote community and citizen’s participation in the maintenance of peace and order and public safety POWERS AND FUNCTIONS OF THE CHIEF PNP The command and direction of the PNP shall be vested in the Chief, PNP who shall have the power to: 1) 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; 2) issue detailed implementing policies and instructions regarding personnel, funds, properties, records, correspondence, and such other matters as may be necessary; 3) dismiss police officers… MANNING LEVELS (POLICE-TO-POPULATION RATIO) 1:500 – nationwide average 1:1000 – minimum police-to-population ratio RANK CLASSIFICATION AND ITS COUNTERPART IN THE MILITARY DIRECTOR GENERAL GENERAL DEPUTY DIRECTOR GENERAL LIEUTENANT GENERAL DIRECTOR MAJOR GENERAL CHIEF SUPERINTENDENT BRIGADIER GENERAL SENIOR SUPERINTENDENT COLONEL SUPERINTENDENT LIEUTENANT COLONEL CHIEF INSPECTOR MAJOR SENIOR INSPECTOR CAPTAIN INSPECTOR LIEUTENANT SENIOR POLICE OFFICER 4 MASTER SERGEANT SENIOR POLICE OFFICER 3 TECHNICAL SERGEANT Page 20 of 40 sa SENIOR POLICE OFFICER 2 STAFF SERGEANT SENIOR POLICE OFFICER 1 SERGEANT POLICE OFFICER 3 CORPORAL POLICE OFFICER 2 PRIVATE 1ST CLASS POLICE OFFICER 1 PRIVATE NON-COMMISSIONED OFFICER RANKS (NCO) - PO1 to SPO4 COMMISSIONED OFFICER RANKS (CO) - INSPECTOR TO DIRECTOR GENERAL KEY POSITIONS and their CORRESPONDING RANKS IN THE PNP CHIEF – highest position in the PNP, with the rank of DIRECTOR GENERAL DEPUTY CHIEF FOR ADMINISTRATION – the second-in command, with the rank of DEPUTY DIRECTOR GENERAL DEPUTY CHIEF FOR OPERATIONS – the third-in-command, with the rank of DEPUTY DIRECTOR GENERAL NCR DIRECTOR – with the rank of DIRECTOR REGIONAL DIRECTOR - with the rank of CHIEF SUPERINTENDENT PROVINCIAL DIRECTOR - with the rank of SENIOR SUPERINTENDENT NCR DISTRICT DIRECTOR - with the rank of CHIEF SUPERINTENDENT CHIEF OF POLICE – with the rank of CHIEF INSPECTOR STATUS OF THE MEMBERS OF THE PNP - police officers are employees of the national government and shall draw their salaries from the national budget - they shall have the same salary grade level as that of public school teachers police officers assigned in Metro Manila, chartered cities and first class municipalities may be paid financial incentives by the local government unit concerned subject to availability of funds GENERAL QUALIFICATIONS FOR APPOINTMENT TO THE PNP (RA 6975, as amended by RA 8551 and RA 9708) a) A citizen of the Philippines; b) A person of good moral conduct; c) 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; d) Must possess a formal baccalaureate degree from a recognized institution of learning; - graduate of any four-year course Page 21 of 40 sa e) Must be eligible in accordance with the standards set by the Commission; - Must have passed the board examination given by the Profession Regulation Commission (PRC) or the NAPOLCOM Police Entrance Examination f) Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in the Government; g) Must not have been convicted by final judgment of an offense or crime involving moral turpitude; h) 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; i) Must weigh not more or less than five kilograms (5kgs) from the standard weight corresponding to his or her height, age and sex; and j) 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.” EXAMINATION AND ELIGIBILITY The National Police Commission shall administer the entrance and promotional examinations for police officers on the basis of the standards set by the Commission (as amended by RA 8551). POLICE ENTRANCE EXAMINATION – taken by applicants of the PNP POLICE PROMOTIONAL EXAMINATIONS – taken by in-service police officers as part of the mandatory requirements for promotion POLICE OFFICER EXAMINATION SENIOR POLICE OFFICER EXAMINATION INSPECTOR EXAMINATION SUPERINTENDENT EXAMINATION Police officers, who are LICENSED CRIMINOLOGISTS, no longer need to take the Police Promotional Examinations as part of the requirements for promotion. As PRC BOARD PASSERS, they have already complied with the eligibility requirement. Page 22 of 40 sa APPOINTMENT OF UNIFORMED PNP PERSONNEL PO1 TO SPO4 – appointed by the Regional Director for regional personnel or by the Chief, PNP for the national headquarters INSP TO SUPT – appointed by the Chief, PNP SR SUPT TO DEPUTY DIR GEN – appointed by the President upon recommendation of the Chief, PNP, subject to confirmation by the Commission on Appointments DIRECTOR GENERAL – appointed by the President from among the senior officers down to the rank of CSupt, subject to the confirmation of the Commission on Appointments KINDS OF APPOINTMENT 1) PERMANENT – when an applicant possesses the upgraded general qualifications for appointment in the PNP 2) TEMPORARY – when the appointment of an applicant is under the waiver program due to weight requirements pending satisfaction of the requirement waived LATERAL ENTRY OF OFFICERS - admission to the PNP with the initial rank of Inspector or Senior Inspector of qualified applicants belonging to certain professions INSPECTOR RANK: - dentists, optometrists, nurses, engineers, graduates of forensic sciences, graduates of the Philippine National Police Academy and licensed criminologists SENIOR INSPECTOR RANK: - chaplains, members of the bar and doctors of medicine WAIVERS FOR INITIAL APPOINTMENT TO THE PNP (RA 8551) The age, height, weight and educational requirements for initial appointment to the PNP may be waived only when the number of qualified applicants falls below the minimum annual quota, provided: 1) That an applicant shall not be below twenty (20) nor over thirty-five (35) years of age; and 2) That any applicant not meeting the weight requirement shall be given reasonable time but not to exceed six (6) months within which to comply with the said requirement; 3) That the waiver for height requirement shall be automatically granted to applicants belonging to the cultural minorities SELECTION CRITERIA UNDER THE WAIVER PROGRAM 1) Applicants who possess the least disqualification shall take precedence over those who possess more disqualification; Page 23 of 40 sa 2) The requirement shall be waived in the following order: age, height, weight and education. PROMOTION - the upgrading of ranks and/or advancement to a position of leadership KINDS OF PROMOTION 1. REGULAR – promotion granted to police officers meeting the mandatory requirements for promotion 2. SPECIAL – promotion granted to police officers who has exhibited acts of conspicuous courage and gallantry at the risk of his/her life above and beyond the call of duty CONSPICUOUS COURAGE - courage that is clearly distinguished above others in the performance of one’s duty MANDATORY REQUIREMENTS FOR PROMOTION 1. Educational attainment – applicable in promotion in position 2. Completion of appropriate training/schooling, such as: Masteral Degree - Chief Superintendent and above Officers Senior Executive Course (OSEC) – Supt to Sr Supt Officers Advance Course (OAC) – Chief Insp Officers Basic Course (OBC) – Sr Insp Officers Candidate Course (OCC) – SPO4 Senior Leadership Course (SLC) – SPO3 to SPO4 Junior Leadership Course (JLC) – PO3 to SPO1 3. Time-in Grade – the number of years required for a police officer to hold a certain rank before he can be promoted to the next higher rank 1 year – from Sr Supt to Deputy Director General 3 years – from Supt to Sr Supt 5 years – Chief Insp to Supt 5 years – Sr Insp to Chief Insp 3 years – Insp to Sr Insp 3 years – SPO4 to Insp 2 years – SPO3 to SPO4 2 years – SPO2 to SPO3 2 years – SPO1 to SPO2 2 years – PO3 to SPO1 1 year – PO2 to PO3 5 years – PO1 to PO2 4. Appropriate eligibility – the required promotional examinations POLICE OFFICER PROMOTIONAL EXAMINATION SENIOR POLICE OFFICER PROMOTIONAL EXAMINATION POLICE INSPECTOR PROMOTIONAL EXAMINATION POLICE SUPERINTENDENT PROMOTIONAL EXAMINATION Exemptions: Page 24 of 40 sa Bar and PRC board examination passers (RA 1080) LICENSED CRIMINOLOGISTS (RA 6506) Honor Graduates (PD 907) Except for the Chief, PNP, no PNP member who has less than one (1) year of service before reaching the compulsory retirement age shall be promoted to a higher rank or appointed to any other position. Pursuant to RA 9708, “…In addition, the institution of a criminal action or complaint against a police officer shall not be a bar to promotion: Provided, however, That upon finding of probable cause, notwithstanding any challenge that may be raised against that finding thereafter, the concerned police officer shall be ineligible for promotion: Provided, further, That if the case remains unresolved after two (2) years from the aforementioned determination of probable cause, he or she shall be considered for promotion. In the event he or she is held guilty of the crime by final judgment, said promotion shall be recalled without prejudice to the imposition of the appropriate penalties under applicable laws, rules and regulations: Provided, furthermore, That if the complaint filed against the police officer is for a crime including, but not limited to, a violation of human rights, punishable by reclusion perpetua or life imprisonment, and the court has determined that the evidence of guilt is strong, said police officer shall be completely ineligible for promotion during the pendency of the said criminal case.” ATTRITION (RA 8551) - the downsizing of personnel in the PNP on the basis provided by law. MODES OF ATTRITION 1) ATTRITION BY ATTAINMENT OF MAXIMUM TENURE - those who have reached the prescribed maximum tenure corresponding to their position shall be retired from the service Chief 4 years Deputy Chief 4 years Director of Staff Services 4 years Regional Directors 6 years Provincial/District Directors 9 years other positions higher than Provincial Director 6 years 2) ATTRITION BY RELIEF - those who have been relieved for just cause and have not been given an assignment within TWO (2) YEARS after such relief shall be retired or separated 3) ATTRITION BY DEMOTION IN POSITION OR RANK - those who are relieved and assigned to a position lower than what is established for his or her grade in the PNP staffing pattern and who shall not be Page 25 of 40 sa assigned to a position commensurate to his or her grade within EIGHTEEN (18) MONTHS after such demotion shall be retired or separated 4) ATTRITION BY NON-PROMOTION - those who have not been promoted for a continuous period of TEN (10) YEARS shall be retired or separated 5) ATTRITION BY OTHER MEANS - those who have at least five (5) years of active service shall be separated based on any of the following: a) inefficiency based on poor performance during the last two (2) successive annual rating periods; b) inefficiency based on poor performance for three (3) cumulative annual rating periods; c) physical and/or mental incapacity to perform police functions and duties; or d) failure to pass the required entrance examinations twice and/or finish the required career courses except for justifiable reasons RETIREMENT - the separation of the police personnel from the service by reason of reaching the age of retirement provided by law, or upon completion of certain number of years in active service A PNP uniformed personnel shall retire to the next higher rank for purposes of retirement pay. ACTIVE SERVICE - shall refer to services rendered as an officer and non-officer, cadet, trainee or draftee in the PNP KINDS OF RETIREMENT 1) COMPULSORY – upon reaching the age FIFTY-SIX (56), the age of retirement 2) OPTIONAL – upon completion of TWENTY (20) YEARS of active service RETIREMENT BENEFITS Monthly retirement pay shall be FIFTY PERCENT (50%) of the base pay in case of twenty years of active service, increasing by TWO AND ONE-HALF PERCENT (2.5%) for every year of active service rendered beyond twenty years. RETIREMENT DUE TO PERMANENT PHYSICAL DISABILITY A PNP uniformed personnel who is permanently and totally disabled as a result of injuries suffered or sickness contracted in the performance of his duty shall be entitled to ONE YEAR’S SALARY and to a LIFETIME PENSION equivalent to EIGHTY PERCENT (80%) of his last salary, in addition to other benefits. Page 26 of 40 sa Should such PNP personnel die within FIVE (5) YEARS from his retirement due to physical disability, his legal spouse or legitimate children shall be entitled to receive the pension for the remainder of the five year-period. ABSENCE WITHOUT OFFICIAL LEAVE (AWOL) - failure to report for duty without official notice for a period of THIRTY (30) DAYS MISSING IN ACTION (MIA) - any PNP personnel who, while in the performance of duty or by reason of his being an officer or member of the PNP, is officially confirmed missing in action, kidnapped or captured by lawless elements shall be entitled to receive or to have credited to his account the same pay and allowances to which such officer or uniformed member was entitled at the time of the incident CREATION OF WOMEN’S DESK - provided by RA 8551 - women’s desk in all police stations shall administer and attend to cases involving crimes against chastity, sexual harassment, abuses committed against women and children and other similar offenses - the PNP shall reserve TEN PERCENT (10%) of its annual recruitment, training and education quota for women - policewomen shall enjoy the same opportunities in terms of assignment, promotion and other benefits and privileges extended to all police officers PARTICIPATION OF LOCAL GOVERNMENT EXECUTIVES IN THE ADMINISTRATION OF PNP OPERATIONAL SUPERVISION - 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 - 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 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 Page 27 of 40 sa 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 POWER OF THE PROVINCIAL GOVERNOR - he has the power to choose his PROVINCIAL DIRECTOR from a list of three (3) eligibles recommended by the PNP Regional Director POWER OF THE CITY AND MUNICIPAL MAYOR - he 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 - the control and supervision of anti-gambling operations shall be within the jurisdiction of local government executives DISCIPLINARY MECHANISMS OF THE PNP INTERNAL AFFAIRS SERVICE (IAS) - created by RA 8551 FUNCTIONS OF THE IAS 1) pro-actively conduct inspections and audits on PNP personnel and units; 2) investigate complaints and gather evidence in support of an open investigation; 3) conduct summary hearings on PNP members facing administrative charges; 4) submit a periodic report on the assessment, analysis, and evaluation of the character and behavior of PNP personnel and units to the Chief PNP and the Commission; 5) file appropriate criminal cases against PNP members before the court as evidence warrants and assists in the prosecution of the case; 6) provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP; The IAS shall also conduct, motu propio (on its own initiative), automatic investigation of the following cases: 1) incidents where a police personnel discharges a firearm; 2) incidents where death, serious physical injury, or any violation of human rights occurred in the conduct of a police operation; Page 28 of 40 sa 3) incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of police personnel; 4) incidents where a suspect in the custody of the police was seriously injured; and 5) incidents where the established rules of engagement have been violated. The IAS shall recommend promotion of the members of the PNP or the assignment of PNP personnel to any key position. ORGANIZATION OF IAS - headed by the INSPECTOR GENERAL who is a CIVILIAN and appointed by the President upon the recommendation of the Director General (Chief, PNP) - the Inspector General shall be assisted by a Deputy Inspector General - there shall be national, regional and provincial offices - the national office shall be headed by the Inspector General, the regional offices by a Director, and the provincial offices by a Superintendent ENTRY QUALIFICATIONS TO IAS 1) entry shall be voluntary 2) PNP personnel with at least five (5) years experience in law enforcement 3) with no derogatory service record 4) members of the bar may enter the service laterally CAREER DEVELOPMENT AND INCENTIVES - IAS personnel shall be granted occupational specialty pay which shall not exceed FIFTY PERCENT (50%) of his base pay - IAS personnel shall also have priorities in the quota allocation for training and education DISCIPLINARY RECOMMENDATIONS OF THE IAS - any PNP personnel found guilty of any of the cases mentioned and any immediate superior found negligent shall be recommended automatically for dismissal or demotion - recommendation by the IAS, once final, cannot be revised, set-aside or unduly delayed without just cause - decisions rendered by the provincial inspectors shall be forwarded to the regional office for review within ten (10) days - decisions of the regional office may be appealed to the national office - decisions rendered by the national IAS shall be appealed to the National Appellate Board PEOPLE’S LAW ENFORCEMENT BOARD (PLEB) - a body created pursuant to RA 6975 Page 29 of 40 sa - one of the disciplinary authorities of the PNP authorized to handle and investigate citizen’s complaint - the central receiving entity for any citizen’s complaint against the PNP members - shall be created by the sangguniang panlungssod/bayan in every city and municipality as may be necessary - there shall be at least one (1) PLEB for every five hundred (500) city or municipal police personnel - membership in the PLEB is a civic duty COMPOSITION OF PLEB - PLEB shall be composed of five (5) members who shall be as follows: any member of the sangguniang panlungsod/bayan any barangay chairman of the locality concerned three other members to be chosen by the local peace and order council from among the members of the community - for the three other members, the following conditions must be met: one must be a woman one must be a lawyer, or a college graduate, or the principal of an elementary school in the locality - the CHAIRMAN of the PLEB shall be elected from among its members - the term of office of the members of the PLEB is THREE (3) YEARS PROCEDURE IN THE PLEB - the procedure shall be summary in nature, conducted in accordance with due process but without strict regard to technical rules of evidence - cases handled by PLEB shall be decided by majority votes of its members - each case shall be decided within SIXTY (60) DAYS from the time it has been filed with the PLEB - the decision of the PLEB shall become final and executory, except for decisions involving demotion or dismissal from the service - decisions involving demotion or dismissal from the service may be appealed with the REGIONAL APPELLATE BOARD within TEN (10) DAYS from receipt of the copy of the decision ADMINISTRATIVE DISCIPLINARY MACHINERIES IN THE PNP A) CITIZEN’S COMPLAINTS - pertains to any complaint initiated by a private citizen or his duly authorized representative on account of an injury, damage or disturbance sustained due to an irregular or illegal act committed by a member of the PNP DISCIPLINARY AUTHORITIES FOR CITIZEN’S CO MPLAINTS Page 30 of 40 sa 1) CHIEF OF POLICE - where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not exceeding FIFTEEN (15) DAYS 2) CITY/MUNICIPAL MAYORS - where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not less than SIXTEEN but not exceeding THIRTY (30) DAYS 3) PEOPLE’S LAW ENFORCEMENT BOARD (PLEB) - where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period exceeding THIRTY (30) DAYS, or by DISMISSAL B) BREACH OF INTERNAL DISCIPLINE - refers to any offense committed by a member of the PNP involving and affecting order and discipline within the police organization MINOR OFFENSE - shall refer to an act or omission not involving moral turpitude but affecting the internal discipline of the PNP, and shall include but not be limited to: a) simple misconduct or negligence b) insubordination c) frequent absences or tardiness d) habitual drunkenness e) gambling prohibited by law DISCIPLINARY AUTHORITIES FOR BREACH OF INTERNAL DISCIPLINE 1) CHIEF OF POLICE - may impose the administrative punishment of admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or any combination of the foregoing for a period NOT EXCEEDING FIFTEEN (15) DAYS 2) PROVINCIAL DIRECTORS - may impose the administrative punishment of admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or any combination of the foregoing for a period NOT EXCEEDING THIRTY (30) DAYS 3) REGIONAL DIRECTORS Page 31 of 40 sa - may impose the administrative punishment of admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; demotion; or any combination of the foregoing for a period NOT EXCEEDING SIXTY (60) DAYS 4) CHIEF OF THE PNP - shall have the power to impose the disciplinary punishment of dismissal from the service; suspension or forfeiture of salary; demotion; or any combination of the foregoing for a period NOT EXCEEDING ONE HUNDRED EIGHTY (180) DAYS SUMMARY DISMISSAL POWERS - the NAPOLCOM, PNP Chief and Regional Directors have summary dismissal powers in any of the following cases: 1) when the charge is serious and the evidence of guilt is strong 2) when the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges; and 3) when the respondent is guilty of a serious offense involving conduct unbecoming of a police officer DISCIPLINARY APPELATE BOARDS - formal administrative disciplinary appellate machinery of the National Police Commission - tasked to hear cases on appeal from the different disciplinary authorities in the PNP - composed of the following: 1) NATIONAL APPELLATE BOARD o shall decide cases on appeal from decisions rendered by the PNP Chief and the National Internal Affairs Service o shall be composed of the four (4) regular commissioners and shall be chaired by the executive officer 2) REGIONAL APPELLATE BOARD o shall decide cases on appeal from decisions rendered by the Regional Director, Provincial Director, Chief of Police, the city or municipal mayor and the PLEB o there shall be at least one (1) regional appellate board per administrative region D. BUREAU OF FIRE PROTECTION (BFP) - created by virtue of RA 6975 - initially composed of the officers and uniformed members of the fire service of the former Integrated National Police POWERS AND FUNCTIONS OF THE BFP Page 32 of 40 sa 1) shall be responsible for the prevention and suppression of all destructive fires on buildings, houses and other structures, forests, land transportation vehicles and equipment, ships or vessels docked at piers or wharves or anchored in major seaports, petroleum industry installations, plane crashes and other similar incidents 2) shall be responsible for the enforcement of the Fire Code of the Philippines and other similar laws 3) shall have the power to investigate all causes of fires, and if necessary, file the proper complaints with the city or provincial prosecutor who has jurisdiction over the case 0RGANIZATION AND COMPOSITION - shall be headed by a CHIEF, with the rank of DIRECTOR, to be assisted by a DEPUTY CHIEF with the rank of CHIEF SUPERINTENDENT - shall be composed of provincial offices, district offices and city or municipal fire stations - at the provincial level, there shall be an OFFICE OF THE PROVINCIAL FIRE MARSHALL - in case of large provinces, there shall be DISTRICT OFFICES to be headed by a DISTRICT FIRE MARSHALL - at the city or municipal level, there shall be a FIRE STATION each headed by a CITY OR MUNICIPAL FIRE MARSHALL RANK CLASSIFICATION DIRECTOR CHIEF SUPERINTENDENT SENIOR SUPERINTENDENT SUPERINTENDENT CHIEF INSPECTOR SENIOR INSPECTOR INSP SENIOR FIRE OFFICER 4 SENIOR FIRE OFFICER 3 SENIOR FIRE OFFICER 2 SENIOR FIRE OFFICER 1 FIRE OFFICER 3 FIRE OFFICER 2 FIRE OFFICER 1 E. BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP) - created by virtue of RA 6975 - initially composed by the officers and uniformed members of the former Jail Management and Penology Service POWERS AND FUNCTIONS OF THE BJMP - shall exercise supervision and control over all city and municipal jails; however, the provincial jails shall be supervised and controlled by the provincial governor within his jurisdiction Page 33 of 40 sa ORGANIZATION AND COMPOSITION - shall be headed by a CHIEF with the rank of DIRECTOR, to be assisted by a DEPUTY CHIEF with the rank of CHIEF SUPERINTENDENT - shall be composed of city and municipal jails each headed by a city or municipal jail warden RANK CLASSIFICATION DIRECTOR CHIEF SUPERINTENDENT SENIOR SUPERINTENDENT SUPERINTENDENT CHIEF INSPECTOR SENIOR INSPECTOR INSP SENIOR JAIL OFFICER 4 SENIOR JAIL OFFICER 3 SENIOR JAIL OFFICER 2 SENIOR JAIL OFFICER 1 JAIL OFFICER 3 JAIL OFFICER 2 JAIL OFFICER 1 RA 9263 - Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of 2004 - approved on 10 March 2004 - provided for the professionalization of the BFP and BJMP RA 9592 – amendatory law to RA 9263 - approved on 8 May 2009 - amended the provision on the minimum educational qualification F. PHILIPPINE PUBLIC SAFETY COLLEGE (PPSC) - created by virtue of RA 6975 FUNCTION OF THE PPSC - shall be the premier educational institution for the training, human resource development and continuing education of all personnel of the PNP, BFP and BJMP ORGANIZATION AND COMPOSITION - shall be under the direct supervision of a Board of Trustees composed of the Secretary of the DILG and the three (3) bureau heads (PNP, BFP and BJMP) - shall consist of the Philippine National Police Academy, the National Police College, the Philippine National Training Institute and other training centers as may be created POWERS AND FUNCTIONS 1) formulate and implement training programs for the personnel of the Department; 2) establish and maintain adequate physical training facilities; Page 34 of 40 sa 3) develop and implement research and development to support educational training programs; 4) conduct an assessment of the training needs of the bureaus; 5) perform such other related functions as may be prescribed by the Secretary G. PHILIPPINE NATIONAL POLICE ACADEMY (PNPA) - created pursuant to Section 13 of Presidential Decree No 1184 - a primary component of the Philippine Public Safety College (PPSC) - the premier educational institution for future officers of the Philippine National Police (PNP), Bureau of Fire Protection (BFP) and Bureau of Jail Management and Penology (BJMP) - upon completion of training, graduates will be conferred the degree of Bachelor of Science in Public Safety (BSPS) and appointed as Police/Fire/Jail Inspector VI. POLICE PLANNING PLAN - an organized schedule or sequence by methodical activities intended to attain a goal or objectives for the accomplishments of mission or assignment - a method or way of doing something in order to attain objectives and provides answers to the 5Ws and 1H PLANNING - the determination in advance of how the objectives of the organization will be attained; involves the determination of a course of action to take in performing a particular function or activity - the process of developing methods or procedures, or an arrangement of parts intended to facilitate the accomplishment of a definite objective - a management function concerned with visualizing future situation, making estimates concerning them, identifying issues, needs and potential danger points, analyzing and evaluating the alternative ways and means of reaching desired goals according to a certain schedule, estimating the necessary funds and resources to do the work and initiating action in time to prepare what may be needed to cope with changing conditions and contingent events - the process of deciding in advance what is to be done and how it is to be done POLICE PLANNING - an attempt by police administrators in trying to allocate anticipated resources to meet anticipated service demands Page 35 of 40 sa - the systematic and orderly determination of facts and events as basis for policy formulation and decision-making affecting law enforcement management OPERATIONAL PLANNING - the use of a rational design or pattern for all departmental undertakings rather than relying on chance in an operational environment - the preparation and development of procedures and techniques in accomplishing each of the primary tasks and functions of an organization POLICE OPERATIONAL PLANNING - the act of determining policies and guidelines for police activities and operations and providing controls and safeguards for such activities and operations in the department - involves strategies or tactics, procedures, policies or guidelines STRATEGY - a broad design or method; or a plan to attain a stated goal or objectives TACTICS - are specific design, method or course of action to attain a particular objective in consonance with strategy PROCEDURES - are sequences of activities to reach a point or to attain what is desired POLICY - a course of action which could be a program of actions adopted by an individual, group, organization or government, or the set of principles on which they are based GUIDELINES IN PLANNING 1) WHAT TO DO – mission/objective 2) WHY – reason/philosophy 3) WHEN – date/time 4) WHERE – place 5) WHO – people involved 6) HOW – strategy/methods CHARACTERISTICS OF A GOOD PLAN 1) with clearly defined goals or objectives 2) simplicity, directness and clarity 3) flexibility 4) possibility of attainment 5) must provide standards of operation 6) economy in terms of resources needed for implementation age 36 of 40 sa CLASSIFICATION OF POLICE PLANS 1) According to Coverage: a) Local Plans – within police precincts, sub- stations and stations b) Regional Plans c) National Plans 2) According to Time: a) Strategic or Long Range Plan - relates to plans which are strategic or long range in application b) Intermediate or Medium Range Plan (MASTER PLANS) - relates to plans which determine quantity and quality efforts and accomplishments - example is the 6 Master Plans of the PNP c) Operational or Short Range Plan (OPLANS) - refers to the production of plans which determine the schedule of special activity and are applicable from one week or less than a year duration - plans that address immediate need which are specific and how it can be accomplished on time with available allocated resources TYPES OF PLANS 1) PROCEDURAL PLAN OR POLICY PLANS - deal with procedures that have been outlined and officially adopted by all members of the unit under specified circumstances - guidelines for actions to be taken - include all STANDARD OPERATING PROCEDURES (SOP) POLICY - general plan of action that serves as a guide in the operation of the organization or unit - codes of procedures EXAMPLES OF PROCEDURAL PLANS/POLICY PLANS a) FIELD PROCEDURES - procedures intended to be used in all situations of all kinds shall be outlined as guide to officers and men in the field, such as: procedures that relate to reporting, to raids, arrests, stopping suspicious persons, receiving complaints, investigation, etc a) HEADQUARTERS PROCEDURES - include the procedures to be followed in the headquarters, usually reflected in the duty manual b) STANDARD OPERATING PROCEDURES (SOP) - procedures intended for specific operations to ensure uniformity of action 2) OPERATIONAL PLANS - often called work plan - the work program of the field units Page 37 of 40 sa - describe specific actions to be taken - the work to be done is estimated, manpower and equipment is allocated, proper objectives are defined and methods of accomplishment are developed - statistical analysis is widely used 3) TACTICAL PLANS - plans that concern methods of action to be taken at a designated location and under specific circumstances - generally emergency type plans that can be put into effect on the sudden occurrence of a condition requiring their use - planning for emergencies of a specific nature at known locations - developed for specific situations as they arise - examples are: planning for major accidents; calamities or disasters; special events; hostage-taking situations, etc 4) ADMINISTRATIVE or MANAGEMENT PLANS - those plans that relate to staffing, equipping, supplying and organizing - include the structuring of functions, authority and responsibilities, the allocation of resources, personnel management, budgeting and other concerns administrative in nature - examples are: assignment and training of personnel; recruitment; equipmen