LEA 4 - Review Notes For Midterm Exam PDF

LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION POLICE PLANNING AND POLICE OPERATIONAL PLANNING Concepts of Planning Plan is an organize schedule or sequence by methodical activities intended to attain a goal and objectives for the accomplishment of mission...

LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION POLICE PLANNING AND POLICE OPERATIONAL PLANNING Concepts of Planning Plan is an organize schedule or sequence by methodical activities intended to attain a goal and objectives for the accomplishment of mission or assignment. It is a method or way of doing something in order to attain objectives. Plan provides answer to 5W’s and 1 H. Definitions of Planning Planning is the basic function of management. Planning is done to achieve the objectives of the organization. Without planning no business can function smoothly. Whenever there is a goal to achieve, planning is required otherwise the activities will go haywire. Plans are set within a timeframe and they set out how various resources of the organization will work towards achieving the objectives. Planning forms that part of management which lays down the objectives and various activities to be performed for the attainment of these objectives. It helps in deciding in advance, What is to be done? How it is to be done? When it is to be done? and By whom it is to be done? Answering all these things is called planning. It bridges the gap between where we are and where we want to go. It can also be said that plans are related to creativity. The other functions of management like organizing, staffing, directing & controlling depends on planning. Without planning these all are meaningless. Planning provides direction to all managerial functions. Other definitions of planning According to M.E Harley,” Planning is deciding in advance what is to be done. It involves the selection of objectives, Policies, Procedures and Programmes from among alternatives.” According to Koontz and O’ Donnell,” Planning is deciding in advance what to do, how to do it, when to do it and who is to do it.” Planning bridges the gap between where we are and where we want to go. It makes possible things to occur which would not otherwise occur”. Planning defined as “thinking about the future, thinking about what we want the future would be, and thinking about what we need to do now to achieve it.” It is a management function concerned with visualizing future situations, making estimates concerning them, identifying issues, needs and potential danger points, analyzing and evaluating the alternative ways and means for 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 the changing conditions and contingent events. Prepared by: Rommel S. Laureta, MSCrim Page 1  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION Planning can be defined as the process by which managers sets objectives, assess the future, and develop course of action designed to accomplish objectives. It also a continuous function of determining appropriate objectives and the optimum timetable for achieving them. Objectives are a specific commitment to achieve a measurable result within a specific period of time. Goals are general statement of intention and typically with time horizon, or it is an achievable end state that can be measured and observed. Nature of Planning The planning has following aspects: Contribution to purpose: – Planning helps in the achievement of enterprise goals and objectives. Plans focus on purposes. Planning identifies irrelevant actions and helps in determining actions which will lead toward the accomplishment of objectives and thus reduces wastages as well. Planning focus on desired ends. Without plans, actions become merely random activity, leading to chaos. (a) Primacy of planning: - Planning is the first function of management. All other functions like organizing, staffing, leading and controlling follow planning. Without planning, other function of management cannot be completed. Apart from being the first function, planning is required continuously for performance of every function of management for example, organization structure requires planning, so does staffing. Similarly, planning is needed in case of leading and controlling as well. (b) Pervasive: Planning is not the job of high-level managers only but planning is a function of all managers. However, nature of planning varies with the hierarchical levels. Higher level managers formulate strategic plans while lower-level managers are engaged in day-to-day planning within the framework of top-level plans. Also, higher level managers spend more time in planning as compared to the middle level or lower-level managers. It is therefore, clear that all managers working in an enterprise are involved in planning but the breath of planning vary with the level of authority. (c) Planning considers limiting factors: – Planning should be realistic. Planning should be done keeping in mind the available resources. Unrealistic plans can never achieve the desired result. If a manager ignores the limiting resources, planning is bound to fail. For example, if the raw material is scarce in supply, then the raw material will be a limiting factor. Keeping in mind the availability of raw material, production planning and sales target should be decided. (d) Efficiency of plans: - Plans must be efficient. Efficient plans contribute to purpose and objectives by offsetting the costs and other unsought consequences. A plan can contribute to the attainment of objectives, but if it does so at too high or unnecessarily high costs, it is not efficient. It should aim at eliminating all wastages. Efficiency implies the normal ratio of input to output. Guidelines in planning What to do – mission/objective Prepared by: Rommel S. Laureta, MSCrim Page 2  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION Why to do – reason/philosophy When to do – date/time Where to do – place Who will do – people involve How to do – strategy Importance of planning Planning function has four important goals: To offset uncertainty and changes, focus attention on objectives, gain economical operation and to facilitate control. These have been discussed in detail below: (a) To offset uncertainty and changes: – Planning is always made in respect to future. Future is uncertain. Planning assumes more importance in wake of increasing size and complexities of business organizations. Business environment is constantly changing, new techniques are being deployed. Buying behavior of customers is changing. So, in all these cases planning is important to offset the risks of changes and uncertainty. Planning helps us to anticipate changes and plan actions accordingly. (b) To focus attention on objectives: – Planning helps in defining the objectives of the organization clearly. It directs all efforts towards achievement of the specified goals. In this way planning contributes to the attainment of the objectives of the organizations by eliminating unnecessary actions and focusing on the desired ends. (c) Minimize cost: – Planning minimizes costs because by emphasizing on efficient operations. It clearly specifies what is required to done and directs the efforts toward the attainment of the goals. It coordinates the efforts of the entire organization by clearly specifying the goals which eliminates wastages. (d) To facilitate control: -Planning facilitates the function of controlling and therefore it is considered as the foundation of control. Planning prescribes standards with respect to work, time and cost. By comparing the actual work performance with the standards laid down, deviations are identified and in case the work performance is not as desired, the person concerned is held responsible. Principles of Planning Following principles of planning have special significance: (1) Principle of time: – Planning is done for the achievement of the objectives of the organization. According to this principle, planning should be done for particular period of time. Plans should specify the time frame within which the task should be accomplished otherwise the purpose of planning cannot be achieved. (2) Principle of flexibility: – Plans relate to future. Planning should be flexible to incorporate necessary changes as and when desired as plans are made by anticipating the possible future events. Estimates about future can undergo some changes necessitating changes in the plans. Rigid plans make entire planning exercise ineffective. Prepared by: Rommel S. Laureta, MSCrim Page 3  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION (3) Principle of policy framework: Planning is effective only when the planners understand the basic policies which influence determination of the plans of the organization. The clarity and soundness of the policies make planning strong and effective. (4) Principle of Limiting Factor: –According to this principle, planning should be formulated keeping in mind the limiting factors since feasible plans cannot be formulated without keeping in mind the available resources. The plans formulated by ignoring the limiting factors are always unsuccessful. (5) Principle of selection of the best alternative: – There can be many alternatives to complete any activity. All alternatives should be deeply evaluated before selecting the best one because effective planning is the backbone for achieving the end results. The best alternative will enable to achieve the objectives of the organization at the minimum cost and in the most effective manner. Factors that may make planning effective It is important function of management and sufficient attention to it is necessary. The question that needs consideration is not whether the plans should be made or not but how well or effective they should be made. The following are factors that helps planning more effective: (a) Giving more consideration to obtaining reliable facts: – Correct forecasting is the foundation of the successful planning. The correctness or otherwise of the plan depends on the adequacy and truth of those facts on the basis of which forecast is made. Hence, the planner must ensure the validity of the collected facts otherwise entire resources and efforts on planning exercise will get wasted. (b) Ensuring employees’ participation in planning: Plans should not be imposed. Rather, they should be formulated after consulting all the persons concerned as far as possible. When plans are formulated with the participation and cooperation of all, they will be more attached to them and make all efforts to implement them. Apart from this, even after the plans have been implemented and there have been some suggestions from the persons concerned, they should be kept reserved, and as the opportunity arises, they should be made a part of the pre- determined plans. (c) Studying deeply the external environment: – All those factors which are beyond the control of the planners must be studied deeply. External environment includes the policies of the government, political changes, competition, change in the consumers’ taste etc. Statements issued by government from time to time and political situations should be carefully studied. Market survey should be conducted to know the taste of consumers. (d) Adopting the regular training system: – The lack of adequate mental ability and resistance to changes in plans are the problems which can be overcome by giving regular training to the employees. They should be made to learn about the importance planning, and should be made aware of the art of planning, its implementation and adapting to changes as per the need of the hour. (e) Making plans simple and practical: – Plans should be simple so that any individual with a general ability can easily understand them. Apart from being simple, plans should be Prepared by: Rommel S. Laureta, MSCrim Page 4  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION practical also. In other words, their objectives should not be so high that they are not within the realm of being realized. Plans should be formulated keeping in view the available resources of the organization. Process of planning or Steps in planning The planning process consists of the following steps: (1) Being aware of opportunity: - Awareness of an opportunity is the real starting point for planning. It includes identifying all possible future opportunities and then analyzing them in the light of the organization’s strengths & weaknesses. Awareness of the opportunity in terms of organizational capabilities helps in setting realistic objectives. So, as a first step, planning requires realistic diagnosis of the opportunity situation. (2) Establishing objectives: - Opportunities provide the path for setting objectives. Objectives specify the end points of what is to be done, where the primary emphasis is to be placed and what is to be accomplished by the network of strategies, policies, procedures, rules, budgets and programs. At first overall objectives of the organization are determined and based on that, the objectives of each department are laid down. Objectives should be clear, definite and simple. The objectives should be communicated to everyone in the organization so that they fully contribute to the successful attainment of objectives. (3) Considering the planning premises: - Planning premises is the boundary under which plans will operate. This boundary is determined by both anticipated internal and external environment. These factors affect the practicality of planning and need to be forecasted. The accuracy with which these factors are forecasted determines the success of planning. (4) Identifying the alternative courses: – There are many methods of doing a work. On the basis of objectives of the organization and the boundaries identified alternative courses of achieving the objectives are discovered. For example, if the objective is to expand the organization, it can be done by either expanding the existing business by adding a new product line e.g., if a company is engaged in producing only men’s products, then it can start manufacturing women’s products or by purchasing or taking over any other business. Keeping in mind the limiting factors all alternative courses of action should be identified. More the alternatives, better it is as firm has many choices out of which best option could be explored. There is other side of it as well. It is not as difficult to find out alternative courses as it is to reduce the list of alternative courses. Limiting factor should be considering while finding out alternatives for example if finance is limiting factor, then while identifying alternatives availability of finance should be kept in mind. (5) Comparing the alternatives in the light of goals sought: – All those alternative courses which meet the expectations of the minimum preliminary criteria are selected for intensive study. It will be seen as to what extent a particular alternative can help in the attainment of the objectives of the organization. Every alternative has merits and demerits. For example, one course may appear to be the more profitable but require a large cash outlay and a slow payback, another may be less profitable but involve less risk still another may better suit the company in long-range objectives. After comparing all alternatives, the best alternative is selected. Prepared by: Rommel S. Laureta, MSCrim Page 5  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION (6) Formulating Supportive plans: - To give practical shape to the main plan, many subsidiary plans are needed. These subsidiary plans or sub plans are not independent plans but only a reflection of the main plan. For example, different plans for the purchase department, sales department, finance department, personnel department etc., are prepared in light of the objectives of the organization. (7) Implementing the plans: - After the main plan and the subsidiary plans are formulated, they remain to be implemented. Implementation should be done carefully. Even the best plan will not achieve the objectives if badly implemented. For successful implementation plans should be communicated to everyone in the organization. (8) Reviewing plans: - The process of planning does not end with the implementation of plans. It is of great importance that there is a constant review of plans so as to ensure success in the uncertain future. The moment there appears to be changes in the internal and external environment, plans should be molded accordingly. In this way we can say planning is a continuously moving process. 10 Commandments of Planning (According to management experts) 1. Should have a clear objective 2. Should be simple and easy to understand 3. Should provided for proper analysis and clarification of actions 4. Should be flexible enough to move in sync with changing trends 5. Should have a balance focus 6. Should be practicable and capable of delivering results 7. Should allow people especially those who look after its implementation, to participate actively and enthusiastically 8. Should provide for optimum use of resources 9. Should be sold to everyone and communicated well before its being implemented, and 10. Should allow integration of effort at every level smoothly. Police Planning Definition of Police Planning Police Planning is a systematic and continuous process of preparing a set of decision for action in the future, directed in achieving goal by optimal means and of learning from the outcome about the possible new sets of decision and new goals to be achieved. Police Program is a plan of what is to be done or a set of instructions outlining the steps to be performed in a specific and operational undertaking of a police organization. Other Definition of Police Planning The process of combining all aspect of the department and the realistic anticipation of future problem, the analysis of strategy to detail. The use of rational design or pattern of all department undertakings rather than relying on chance. The act of determining policies and guidelines for police activities and operations and providing controls and safeguards for such activities and operations in the police organization. Prepared by: Rommel S. Laureta, MSCrim Page 6  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION Purpose of Police Planning It implements policy and clarifies it by defining more precisely an immediate objective and purpose and outlining what is to be done to achieve it. A plan and program serve as a guide or reference on both training and performance and simplifies the direction of group members. The planning the programming process gives continued attention to the improvement of practices and procedure. A plan and program enable a check on accomplishment thereby affecting control. Wise planning and programming assure the most effective and economical use of resources in accomplishing organizational purpose. Sequence of Planning and Programming Process Setting Planning and Programming Goals. Normally, the first planning and programming question is “what needs to be accomplished?” “What are the desired future steps?” The obviousness of the answer may depend on the kind of planning and programming being done. Preparing for Planning and Programming. Successful planning and Programming require that some ongoing planning assignment be made, someone must do the planning and programming, although who is this may vary depending on the level or subject of planning or programming. Identifying the Problems. The first step in beginning to identifying problems is to assess the present situation, describing the current state of affairs that may involve in scanning the environment, performing research and otherwise both inside and outside the organization. Identifying and Analyzing Alternative Solutions. Once a problem is identified, alternative courses of action must be building out for analysis. The planner and programmer should consider the extent to which the different courses of action and the criteria for judging the strength of each course of action. In other words, once the goal is set, different ways of reaching them must be analyzed and asses. Significance and Importance of Planning and Programming The increasing complexity of police operation demands the utmost skill and careful, planning in order to ensure the accomplishments of police objectives the missions. Planning and programming process must be done in all police organization regardless of size. People Responsible in Planning and Programming Process In organization of medium size or larger, there is a need for planning unit to assist the police executives in his administrative duty of planning, point out to operating personnel and to supervisor the need for plans, and urge their preparation and development. In smaller organization, the responsibility for staff planning may be given to an officer in addition to these studies. Prepared by: Rommel S. Laureta, MSCrim Page 7  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION Planning must include the experience of the line officers, the facts of the statistician, the opinion of the analysis, the ideas of every member of the force and the counsel and advice of every division or office that may play a part in the executions of plans. Responsibility in Planning and Programming Police planning shall be done both within and without the organization. The main concern of the police in external policy planning is assisting the legislature of the city or municipal council in determining police guidelines through the passage of appropriate laws and ordinances and resolutions for the police to enforce. On the other hand, the police executive shall be responsible for establishing internal operational policies to achieve the objectives and missions of police organizations. The police executives shall be responsible for planning, reporting, and budgeting for the police organization within existing policies and available resources. For police maximum effectiveness he shall responsible for the technical operation of the police organization and the management of its personnel. What are the responsibilities in Police Planning? Broad External Policy Planning – is the responsibility of the legislative branch of the government. The main concern of the police in this broad external policy planning is assisting the legislature in their determining of police guideline through the passage of appropriate laws or ordinances for the police to enforce. Internal Policy Planning – is the responsibility of the Chief, PNP and other chiefs of the different units or headquarters within their area of jurisdiction to achieve the objectives or mission of the police organization. They are responsible for planning, organizing, staffing, directing, coordinating, controlling, reporting and budgeting for the police organization within existing policies and available resources. For maximum police effectiveness, they shall be responsible for the technical operation of the police organization and management of its personnel. Approaches in Police Planning A variety of approaches are employed in the planning processes. Each is unique and can be understood as a method of operationalizing the word planning. There are basically five major approaches to planning which are: a. Synoptic Approaches b. Incremental Approach c. Transactive Approach d. Advocacy Approach e. Radical Approach What is Synoptic Planning? Synoptic planning or the rational comprehensive approach is the dominant tradition in planning. It is also the point of departure for most other planning approaches. This model is Prepared by: Rommel S. Laureta, MSCrim Page 8  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION based on a problem-oriented approach to planning especially appropriate for police agencies. It relies heavily on the problem identification and analysis of the planning process. It can assist police administrators in formulating goals and priorities in terms that are focused on specific problems and solutions that often confront law enforcement. Steps in Synoptic Planning Prepare for Planning – The task of planning should be detailed in a work chart that specifies: (a) what events and actions are necessary, (b) when they must take place, (c) who is to be involved in each action and for how long, and (d) how the various actions will interlock with one another. Describe the present situation – Planning must have a mean for evaluation. Without an accurate beginning database there is no reference point on which to formulate success or failure. Develop projections and consider alternative future states – Projections should be written with an attempt to link the current situation with the future, keeping in mind the desirable outcomes. It is important for the police executive to project the current situations into the future to determine possible, probable and desirable future states while considering the social, legislative, and political trends existing in the community. Identify and analyze problems – the discovery of the problems assumes that a system to monitor and evaluate the current arena is already on place. Closely related to the detection and identification of issues is the ability of the police to define the nature of the problem, that is to able to describe the magnitude, cause, duration, and the expense of the issues at hand. A complete understanding of the problem leads to the development of the means to deal with the issues. Set goals – Making choices about goals is one of the most important aspects of planning. It makes no sense to establish a goal that does not address a specific problem. Remembering that the police departments are problem oriented, choices about goals and objectives should adhere to the synoptic model. Identify alternative course of action – As stated earlier, alternatives are means by which goals and objectives can be attained. These are options or possible things to be done in case the main or original plan is not applicable. Select preferred alternatives: Strategic analysis – this includes the study on the courses of actions; suitability studies; feasibility studies; acceptability studies; and judgment. Suitability – each course of action is evaluated in accordance with general policies, rules and laws. Feasibility – these include the appraisal of the effects of a number of factors weigh separately and together. Prepared by: Rommel S. Laureta, MSCrim Page 9  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION Acceptability – those judged to be suitable and feasible are then realized in acceptability studies. Cost – effectiveness Analysis – This technique is sometimes called cost-benefit or cost performance analysis. The purpose of this form of selection is that the alternative chosen should maximize the ratio of benefit to cost. Must-wants Analysis – This method of selecting a preferred course of action combines the strengths of both strategic and cost effectiveness analysis. Must want analysis is concerned with both the subjective weights of suitability, feasibility, and acceptability and the objectives weights of cost versus benefits. Plan and carryout implementation – The police administrator must be aware that the implementation requires a great deal of tact and skill. It may be more important how an alternative is introduced to a police department than what actually is. Monitor and evaluate progress – Evaluation requires comparing what actually happened with what was planned for-and this may not be a simple undertaking. Feedback must be obtained concerning the results of the planning cycle, the efficiency of the implementation process, and the effectiveness of new procedures, projects or programs. This is an important step of synoptic planning, trying to figure out what, if anything happened as a result of implementing a selected alternative. Summation of the synoptic planning approach – This can be done by making a summary of the presentation, could be tabular or other forms of presentation. Repeat the Planning Process – repetition of the process of planning enables the planner to thresh out possible flaws in the plan. What is Incremental Planning? Incrementalism concludes that long range and comprehensive planning are not only too difficult, but inherently bad. The problems are seen as too difficult when they are grouped together and easier to solve when they are taken one at a time and broken down into gradual adjustments over time. What is Transactive Planning? Transactive planning is carried out in face-to-face interaction with the people who are to be affected by the plan and not to an anonymous target community of beneficiaries. Techniques include field surveys and interpersonal dialogue marked by a process of mutual learning. What is Advocacy Planning? Beneficial aspects of this approach include a greater sensitivity to the unintended and negative side effects of plans. What is Radical Planning? The first mainstream involves collective actions to achieve concrete results in the immediate future. The second mainstream is critical of large-scale social processes and how they Prepared by: Rommel S. Laureta, MSCrim Page 10  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION permeate the character of social and economic life at all levels, which, in turn, determine the structure and evolution of social problems. Considerations In Police Planning Primary Doctrines Fundamental Doctrines – These are the basic principles in planning, organization and management of the PNP in support of the overall pursuits of the PNP Vision, Mission and strategic action plan of the attainment of the national objectives. Operational Doctrines – These are the principles and rules governing the planning, organization and direction and employment of the PNP forces in the accomplishment of basic security operational mission in the maintenance of peace and order, crime prevention and suppression, internal security and public safety operation. Functional Doctrines – These provide guidance for specialized activities of the PNP in the broad field of interest such as personnel, intelligence, operations, logistics, planning, etc. Secondary Doctrines Complimentary Doctrines – Formulated jointly by two or more bureaus in order to execute a certain operation with regard to public safety and peace and order. These essentially involve the participation of the other bureaus of the Bureau of Jail and Management and Penology (BJMP), Bureau of Fire and Protection (BFP), Philippine National Public Safety College (PPSC), National Bureau of Investigation (NBI) and other law enforcement agencies. Ethical Doctrines – These define the fundamental principles governing the rules of conduct, attitude, behavior and ethical norm of the PNP. The Principles of Police Organization The principles of organization are presented in chapter three. These principles are considered in police planning in order not to violate them but rather for the effective and efficient development of police plans. The Four (4) Primal Conditions of the Police Organization Authority – The right to exercise, to decide, and to command by virtue of rank and position. Doctrine – It provides for the organization’s objectives. It provides the various actions. Hence, policies, procedures, rules and regulations of the organization are based on the statement of doctrines. Cooperation or Coordination Discipline – It is imposed by command or self-restraint to insure supportive behavior. Classifications of Police Plan Prepared by: Rommel S. Laureta, MSCrim Page 11  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION According to coverage: - Police Plans could be Local Plans (within police precincts, sub- stations, and stations), Regional Plans, and National Plans. According to Time: - Police Plans are classified as: Strategic or Long-Range Plan (3 years) – It relates to plan which are strategic or long range in application and it determine the organization’s original goals and strategy. Ex. Action Plans Intermediate or Medium Range Planning (2 years) – It relates to plans, which determine quantity and quality efforts and accomplishments. It refers to the process of determining the contribution on efforts that can make or provide with allocated resources. Ex. Master Plans Operational or Short-Range Planning (1 year)– Refers to the productions of plans, which determine the schedule of special activity and are applicable from one week or less than year duration. Plan that addresses immediate need which are specific and how it can be accomplished on time with available allocated resources. Ex. OPLANS Factors affecting Police Planning Condition – a consideration of political atmosphere, public opinion; ideological aspirations; peace and order; national/community ethics, behavior and discipline in the area where the plan will be implemented. Time – It is the period available to establish plan before putting it into effort. Consider the time of execution/implementation, the time interval and time allowed for the revisions and modifications of plan. Resources Available – Allocation of manpower, money and materials Skills and Attitudes of Management – Refers to the level of experiences of the personnel who are involved in the preparation of the plan and those who will execute the plan. Applicability of good management principles shall be exploited. Social and Political Environment – Refers to social and political practices, which will be affected by the plan or plan affecting these practices, beliefs and norms of society. Physical Facilities – Refers to machinery, instrument or tools in the attainment of the goals of the plan. A certain system or structural designs in order to meet expected results. Collection and Analysis of Data – Ready sources and basis of good decision-making by the makers of the plan may be properly obtain through research and other means of information gathering techniques. Types of Plans in General Reactive Plans are developed as a result of crisis. A particular problem may occur for which the department has no plan and must quickly develop one, sometimes without careful preparation. Prepared by: Rommel S. Laureta, MSCrim Page 12  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION Proactive Plans are developed in anticipation of problems. Although not all police problems are predictable, many are, and it is possible for a police department to prepare a response in advance. Visionary Plans are essential statements that identify the role of the police in the community and the future condition or state to which the department can aspire. A vision may also include a statement of values to be used to guide the decision-making process in the department. Strategic Plans are designed to meet the long-range, overall goals of the organization. Such plans allow the department to adapt anticipated changes or develop a new philosophy or model of policing (e.g. community policing). One of the most important aspects of strategic planning is to focus on external environmental factors that affect the goals and objectives of the department and how they will be achieved. Important environmental factors include personnel needs, population trends, technological innovations, business trends and demand, crime problems, and community attitudes. Operational Plans are designed to meet the specific tasks requires to implement strategic plans. There are four types of operational plan: Standing Plans provide the basic framework for responding to organizational problems. The organizational vision and values, strategic statement, policies, procedures, and rules and regulations are examples of standing plans. Standing plans also include guidelines for responding to different types of incidents; for example, a civil disturbance, hostage situation, crime in progress, and felony car stops. Functional Plans include the framework for the operation of the major functional units in the organization, such as patrol and investigations. It also includes the design of the structure, how different functions and units are to relate and coordinate activities, and how resources are to be allocated. Operational-efficiency, effectiveness, and productivity plans are essentially the measures or comparisons to be used to assess police activities and behavior (outputs) and results (outcomes). If one of the goals of the police department is to reduce the crime rate, any change that occurs can be compared to past crime rates in the same community or crime in other communities, a state, or the nation. If the crime rates were reduced while holding or reducing costs, it would reflect an improvement not only in effectiveness but also in departmental productivity. Time-specific Plans are concerned with specific purpose and conclude when an objective is accomplished or a problem is solved. Specific police programs or projects such as drug crackdown, crime prevention program, and neighborhood clean-up campaign are good examples of time-specific plans. Kinds of Police Plans Policy and Procedural Plans – to properly achieve the administrative planning responsibility within in the unit, the Commander shall develop unit plans relating to: (a) policies or procedure; (b) tactics; (c) operations; (d) extra-office activities; and (e) management. Prepared by: Rommel S. Laureta, MSCrim Page 13  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION Further, standard-operating procedures shall be planned to guide members in routine and field operations and in some special operations in accordance with the following procedures: Field Procedure – Procedures intended to be used in all situations of all kinds shall be outlined as a guide to officers and men in the field. Examples of these procedures are those related to reporting, to dispatching, to raids, arrest, stopping suspicious persons, receiving complaints, touring beats, and investigation of crimes. The use of physical force and clubs, restraining devices, firearms, tear gas and the like shall, in dealing with groups or individuals, shall also be outlined. Headquarters Procedures – Included in these procedures are the duties of the dispatcher, jailer, matron, and other personnel concerned which may be reflected in the duty manual. Procedures that involve coordinated action on activity of several offices, however, shall be established separately as in the case of using telephone for local or long-distance calls, the radio teletype, and other similar devices. Special Operation Procedures – Certain special operations also necessitate the preparation of procedures as guides. Included are the operation of the special unit charged with the searching and preservation of physical evidence at the crime scenes and accidents, the control of licenses, dissemination of information about wanted persons, inspection of the PNP headquarters, and the like. Tactical Plans – These are the procedures for coping with specific situations at known locations. Included in this category are plans for dealing with an attack against buildings with alarm systems and an attack against the PNP headquarters by lawless elements. Plans shall be likewise be made for blockade and jail emergencies and for special community events, such as longer public meetings, athletic contests, parades, religious activities, carnivals, strikes, demonstrations, and other street affairs. Operational Plans – these are plans for the operations of special divisions like the patrol, detective, traffic, fire and juvenile divisions. Operational plans shall be prepared to accomplish each of the primary police tasks. For example, patrol activities must be planned, the force must be distributed among the shifts and territorially among beats, in proportion to the needs of the service, and special details must be planned to meet unexpected needs. Likewise in the crime prevention and in traffic, juvenile and Vice control, campaigns must be planned and assignments made to assure the accomplishment of the police purpose in meeting both average and regular needs. Each division or unit has primary responsibility to plan operations in its field and also to execute the plans, either by its own personnel or, as staff agency, by utilizing members of the other divisions. Plans for operations of special division consist of two types, namely: (1) those designed to meet every day, year-around needs, which are the regular operating program of the divisions; and (2) those designed to meet usual needs, the result of intermittent and usually unexpected variations in activities that demand their attention. Regular Operating Programs – these operating division/units shall have specific plans to meet current needs. The manpower shall be distributed throughout the area of jurisdiction in proportion to need. Assignments schedules shall be prepared that integrate such factors as relief days, lunch periods, hours, nature, and location of regular work. Plans shall assure Prepared by: Rommel S. Laureta, MSCrim Page 14  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION suitable supervision, which become difficult when the regular assignment is integrated to deal with this short time periodic needs. Meeting usual needs – the usual needs may arise in any field of police activity and nearly always met in the detective, vise and juvenile division by temporary readjustment of regular assignment. Extra-office Plans – the active interest and the participation of individual citizen is also a vital to the success of the PNP programs that the PNP shall continuously seek to motivate, promote and maintain an active public concern in its affairs. These are plans made to organize the community to assist in the accomplishment of objectives in the fields of traffic control, organize crime, and juvenile delinquency prevention. The organization may be called safety councils for crime commissions and community councils for the delinquency prevention. They shall assist in coordinating community effort, in promoting public support, and in combating organized crime. Organization and operating plans for civil defense shall also be prepared or used in case of emergency or war in coordination with the office of the Civil Defense. Management Plans – Plans of management shall map out in advance all operations involved in the organization management of personnel and material and in procurement and disbursement of money, such as the following: Budget Planning – present and future money needs for personal, equipment and capital investments must be estimated. Plans for supporting budget request must be made if needed appropriations are to be obtained. Accounting Procedures – procedures shall be established and expenditure reports be provided to assist in making administrative decisions and holding expenditures within the appropriations. Specifications and Purchasing Procedures – Specifications shall be drawn for equipment and supplies. Purchasing procedures shall likewise be established to insure the checking of deliveries against specification of orders. Plans and specifications shall be drafted for new building and for modeling old ones. Personnel – procedures shall be established to assure the carrying out of personnel programs and the allocation of personnel among the component organization units in proportions need. Organization – a basic organization plan of the command/unit shall be made and be posted for the guidance of the force. For the organization to be meaningful, it shall be accompanied by the duty manual which shall define relationships between the component units in terms of specific responsibilities. The duty manual incorporates rules and regulations and shall contain the following: definition of terms, organization of rank, and the like, provided the same shall not be in conflict with this manual. Police Operational Planning What is Operational Planning? Operational Planning is the use of rational design or pattern for all departmental undertaking rather than relying on change in an operational environment. It is the preparation and Prepared by: Rommel S. Laureta, MSCrim Page 15  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION development of procedures and techniques in accomplishing of each of the primary tasks and functions of an organization. What is Police Operational Planning? Police Operational Planning is 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. It may also be the process of formulating coordinated sequence of methodical activities and allocation of resources to the line units of the police organization for the attainment of the mandated objectives or goals. Objectives are a specific commitment to achieve a measurable result within a specific period of time. Goals are general statement of intention and typically with time horizon, or it is an achievable end state that can be measured and observed. Making choices about goals is one of the most important aspects of planning. The process of police operational planning involves strategies or tactics, procedures, policies or guidelines. A Strategy is 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. A policy is a product of prudence or wisdom in the management of human affairs, or policy is 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 are rules of action for the rank and file to show them how they are expected to obtain the desired effect. Steps in Police Operational Planning Frame of Reference – This shall be based on a careful view of the matters relating to the situation for which plans are being developed. Opinions or ideas of persons who may speak with authority of the subjects and views of the police commanders, other government officials, and other professionals shall be considered. Clarifying the Problems – These calls for the identification of the problems, understanding both its records and its possible solution. A situation must exist for which something must and can be done. For example, an area in a city or municipality is victimized by a series of robbers. There is a need for reaching the preliminary decision that robberies may be reduced in the area, and that the pattern of operation, in general, is one by which the police can reduce them. Collecting all Pertinent Facts – No attempt shall be made to develop a plan until all facts relating to it have been carefully reviewed to determine the modus operandi, suspects, types of victims, and such other information as may be necessary. Facts relating to such matters as availability, deployment, and the use of present personnel shall be gathered. Developing the Facts – After all data have been gathered, a careful analysis and evaluation shall be made. These provide the basis from which a plan or plans are evolved. Only such facts as any have relevance shall be considered. Developing Alternative Plans – In the initial phases of plan development, several alternative measures shall appear to be logically comparable to the needs of a situation. As the alternative Prepared by: Rommel S. Laureta, MSCrim Page 16  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION solutions are evaluated, one of the proposed plans shall usually prove more logical than the others. Selecting the Most Appropriate Alternative – A careful consideration of all facts usually leads to the selection of the best alternative proposal. Selling the Plans – A plan, to be effectively carried out, must be accepted by persons concerned at the appropriate level of the plan’s development. For example, in a robbery case, the patrol division head may be preparing the plan. At the outset, the detective chief is concerned and shall be consulted. As the planning develops, there may be a need it involve the head of the personnel, records and communication units and all patrol officers. Arranging for the Execution of the Plan – the execution of a plan requires the issuance of orders and directives to units and personnel concern, the establishment of a schedule, and the provision of manpower and the equipment for carrying out the plan. Briefing shall be held and assurance shall be received that all involved personnel understood when, how, and what is to be done. Evaluating the Effectiveness of the Plan – The results of the plan shall be determined. This is necessary in order to know whether a correct alternative was chosen, whether the plan was correct, which phase was poorly implemented, and whether additional planning may be necessary. Also, the effects of the executed plan or other operations and on total police operations shall be determined. Follow-up is the control factor essential for effective command management. Characteristics of Effective Police Planning a. Clearly defined objective and goals b. Simplicity c. Flexibility d. Possibility of Attainment e. Provisions for Standard Operation f. Economy in terms of resources needed for implementation g. Anticipated effect or effects on future operations. Objectives in the execution of Police Plan a. Protection of persons and properties b. Preservation of the peace c. Prevention of crime d. Repression or suppression of criminal activities e. Apprehension of criminals f. Enforcement of laws and ordinance g. Safeguarding of public health and morals h. Prompt execution of criminal writs processes courts i. Coordination and cooperation with other enforcement agencies Definition of Police Plan The plan is the result of planning of proposal design to guide and direct to be performed by the police organization Prepared by: Rommel S. Laureta, MSCrim Page 17  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION Definition of Police Programs It is a general statement of direction in, which is not necessary, measurable but nonetheless expresses in an organization’s intent. Types of Police Plan Procedural. Are those plans relating to standard operating procedures (SOPs) and are useful as guides to personnel, in such activity as the serving and processing of search warrant, recording and processing of traffic citation, these procedural plans must be reviewed from time to time as the for changes arises to increase operational efficiency. Tactical. Are those plans which are prepared to meet exigencies encountered by police, such as whispered civil disorders, unusual crimes problems, civil defense needs or major disasters, these plans are prepared considerably in advance of expected incidents and are largely based on field intelligence supplied by supervisory personnel and the expertise they are able to provide in assessing future needs. These plans are designed to guide personnel in controlling unusual happenings and restoring order as quickly and as efficiently as possible. The method of control is substantially the same as ordinary police operations but must be expanded to meet the requirements of each occurrence, it is necessary that such plans must be basic, flexible in nature and adaptable to modification as the need arises. Auxiliary Services. Are those plans, which implement normal operation such as in the recruitment of personnel, police community relation activities and the likes. Fiscal. Are those plans relating to those matters for budget preparation and use and control of funds allotted for personnel, equipment and supplies. Procedure and Classifying Police Plan During the preparation, a plan can have a higher security classification but latter it can be downgraded to enable more people to have success. Implementation Process of Police Operational Plan The implementation process of police operational plan has been described as a system of pressure and counter pressures asking to political maneuvering in which constant negotiation goes on, police executives exercising considerable persuasion in their attempt to obtain desire result. In other sense, it is simply requiring good solid management. Once a new plan or program has been designed, attention must be directed toward the following requirements. ▪ Providing necessary resources, to include financial, material, personnel and authority. ▪ Providing direction so those employees know what to do and why. ▪ Providing control to ensure that directions are followed. Prepared by: Rommel S. Laureta, MSCrim Page 18  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION How Operational plans are executed in the PNP? The plans are made, same shall be put into operation and the result thereof evaluated accordingly. Operations in the PNP shall be directed by the police commander to attain the following objectives: a. protection of persons and property; b. preservation of peace and order; c. prevention of crimes; d. repression of suppression of criminal activities; e. apprehension of criminals; f. enforcement of laws and ordinances and regulations of conduct; g. prompt execution of criminal writs and processes of the courts; and h. coordination and cooperation with other law enforcement agencies. Prevention of Crimes – This activity requires the members of the PNP to mingle with the members of the community where criminal activities originate and bred and criminalistic tendencies of individuals are motivated to indulge in anti-social behavior; and seek to minimize the causes of crime. This activity or mission also requires the individual members of the PNP to understand the people and the environment in which they live. Repression or Suppression of Criminal Activities – This activity or mission emphasizes the presence of an adequate patrol system including the continuous effort toward eliminating or reducing hazards as the principal means of reducing the opportunities for criminal action. The saying “the mouse will play while the cat is away” is equally true in law enforcement and in public safety. The presence of a policeman in uniform would be deterred or discouraged the would-be criminal or would-be offender-regulations. Crime repression means the elimination of the opportunity that exists on the part of the would-be criminal to commit a crime. Preservation of Peace and Order – This activity or mission requires the individual members of the PNP to gain the sympathy of the community to close ranks in combating crimes and any other anti-social behavior of the non-conformists of the law and order. The community, therefore, should be informed through proper education, of their share and involvement in law enforcement and public safety. Protection of Lives Properties – The responsibilities of the members of the PNP in providing for the safety and convenience of the public are analogous with those of the doctor. The doctor protects life by combating diseases while the PNP promotes public safety of accidents and in guarding the citizens public safety by the elimination of hazards of accidents and in guarding the citizens against the attacks of the bad elements of the society. The policeman though, has a collateral responsibility in his obligation to protect life and property – a responsibility that is fundamental to every duty he performs. The police have the obligation to preserve the citizen’s constitutional guarantees of liberty and the pursuit of happiness. Enforcement of Laws and Ordinances - these activities and mission requires the members of the PNP to constructively integrate or enforce and implement the laws of the land and city/municipal ordinances without regard to the personal circumstances of the individual citizens and any other persons sojourning in the Philippines. This is to provide tranquility among members of society. These also include the regulations of non-criminal conduct, specifically to obtain compliance through education of the public in the dangers inherent in Prepared by: Rommel S. Laureta, MSCrim Page 19  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION the disobedience of regulations. This makes use of warnings, either oral or written, which informs the citizen but not to personalize. Apprehension of Criminals – this activity defines specifically the power of the police as possessed by every member of the integrated police, as a means to discourage the would-be offender. The consequence of arrest and prosecution has a deterrent effect intended to make crime or any unlawful act less worthwhile. Consequently, apprehension and the imposition of punishment for the corresponding unlawful act are committed, lessens repetition by causing suspects to be incarcerated, and provides an opportunity for reformation of those convicted by final judgment. This activity also includes the recovery of stolen property in order to restrain those who are accessories to the crime and thereby benefiting from the gains of crime. Coordination and Cooperation with other Agencies – This activity requires the duty of a commander of any unit of the PNP and its unit subordinates to establish report or good relationship with other law enforcement agencies of the government. Through rapport, a police station commander and his subordinates may be able to maintain a harmonious working relationship with other law enforcement agencies of the government whereby coordination and cooperation between them maybe established. Coordination is an essential conduct of command. Safeguard Public Health and Morals – This involves many activities or mission peripheral to basic law enforcement and public safety. Such as for instance, sanitation, search and rescue operations, licensing, inspection of buildings in order to determine whether or not the Presidential Decree on fire prevention is strictly obeyed. This also includes supervising elections, escorts duties, civic actions, and many other activities or missions related to law- enforcement and public safety. Field Operations: How planning affects them? Field Operations shall be directed by the police commander and the subordinate commanders and the same shall be aimed at the accomplishment of the following primary tasks more effectively and economically: Patrol – The patrol force shall accomplish the primary responsibility of safeguarding the community through the protection of persons and property, the preservation of the peace, the prevention o crime, the suppression of criminal activities, the apprehension of criminals, the enforcement of laws and ordinances and regulations of conduct, and performing necessary service and inspections. Investigation – The basic purpose of the investigation division unit shall be to investigate certain designated crimes and clear them by the recovery of stolen property and the arrest and conviction of the perpetrators. To this end, the investigation division shall supervise the investigation made by patrolman and undertake additional investigation as may be necessary of all felonies. Traffic Patrol – Police control of streets ort highways, vehicles, and people shall facilitate the safe and rapid movement of vehicles and pedestrians. To this end, the inconvenience, dangers and economic losses that arise from this moment, congestion, delays, stopping and parking of vehicles must be lessened. Control of traffic shall be accomplished in three (3) ways: Prepared by: Rommel S. Laureta, MSCrim Page 20  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION Causes of accidents and congestion shall be discovered, facts gathered and analyzed for this purpose; Causes shall be remedied; charges shall be made in physical condition that create hazards, and legislation shall be enacted to regulated drivers and pedestrians; and The public shall be educated in the provisions of traffic and ordinances. Motorists and pedestrians shall be trained in satisfactory movement habits, and compliance with regulations shall be obtained by enforcement. The police shall initiate action and coordinate the efforts of the agencies that are concerned in the activities. Vice Control – it shall be the determinant of the PNP in the control of vices to treat vice offenses as they shall do to any violation, and exert efforts to eliminate them, as there attempt to eliminate robbery, theft, and public disturbance. Control of vice, shall be based on law rather than on moral precepts, and intensive operations shall be directed towards their elimination. A primary interest in vice control results from the close coordination between vice and criminal activities. Constant raids of known vice dens shall be undertaken. Juvenile Delinquency Control – effective crime control necessitates preventing the development of individuals as criminals. The police commander shall recognize a need for preventing crime or correcting conditions that induce criminality and by rehabilitating the delinquent. Categories of Police Operations Patrol Operations. The most basic police function and known as the backbone of policing. Law Enforcement Operations. Include service of warrant of arrest, implementation of search warrant, enforcement of visitorial powers of the Chiefs of Police, and other anti- criminality operations. Internal Security Operations. Include counterterrorism operations and similar operations against other threat groups that are conducted to ensure internal security. Public Safety Operations. Include critical incident management procedures, search, rescue and retrieval operations, hostage situation, civil disturbance management operation, management of health hazards and other operations that promote public safety. Special Police Operations. Include high-risk checkpoint and roadblock operation, police assistance in the implementation of order from the court and other quasi-judicial bodies, security to major and special events, aircraft hijacking operations, visit, board, search and seizure of marine vessels, and similar police operations that are conducted by police units with specialized training on the peculiarity of the mission or purpose. Investigation Operations. Include investigation of crime or incident, Scene of the Crime Operations (SOCO), administrative investigation and other investigative work necessary to determine facts and circumstances for filing cases criminally or administratively. Police Community Relations. Include three interrelated dimensions to accomplish its mission namely: community affairs and development, public information, and information development operations to forge partnership and strengthen collaboration and linkages with the community. Prepared by: Rommel S. Laureta, MSCrim Page 21  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION CONSTITUTIONAL AND STATUTORY RIGHTS OF PERSONS AFFECTED/SUBJECT BY POLICE OPERATIONS State responsibilities I. State Obligation Basically, the state has three Obligations namely:(1) the obligation to respect human rights, (2) the obligation to ensure, and (3) the obligation to protect them. Article 2 (1) of the International Covenant on Civil and Political Rights (ICCPR) contains the obligation to respect human rights. As earlier discussed, it indicates the negative character of civil and political rights which obligates the states to refrain from restricting the exercise of human rights such as the prohibition on the part of the government to use or practice torture under all circumstances under articles 7 of ICCPR or the rights to life in Article 6(1) and Article 17 of the same, concerning prohibition from arbitrary interference; and other provisions for political freedoms in Article 18,19,21,and 22 of the ICCPR which authorized the State Parties to impose restrictions. The obligation to ensure includes the obligation to protect which takes the nature of a positive character of the civil, political, economic, social, and cultural rights. It is the obligation of the State to be proactive in utilizing its branches namely: the Executive, Legislative as well as Judiciary in adopting measures in order to ensure the enjoyment by the people of their human rights as well as protecting the same from abuses and providing legal remedies to safeguard these rights through effective procedure measures and institutions that would enforce the same. The right to protection of the law under Articles 6, 17, 23,24, and 26 (ICCPR) signifies the need to take positive actions to ensure the protection of children, the family, and the right to liberty and equality. II. Sources and Foundation of Human Rights Law The basic source of human rights law in the Philippines is the very Constitution of the country from the 1897 "Biak na Bato" Constitution, the 1899 Malolos Constitution, the 1935 Constitution, the 1943 Constitution, the 1973 Constitutions, the 1986 Freedom Constitution that becomes the basis of the 1987 Constitution that we have at present. The 1987 Constitution clearly enumerates the three generations of human rights namely: the first generation (Article III, Bill of Rights), the second generation (Article XII, National Economy and Patrimony; Article XIII, Social Justice and Human Rights; Article XIV, Education, Science and Technology, Arts, Culture and Sports); and the third generation of rights (Article II, Declaration of Principles and State Policies; Article XV, The Family). One of the novel features of the 1987 Philippine Constitution is the creation of an independent constitutional body called the "Commission of Human Rights" which is one of the first national human rights commissions in the world. The Commission on Human Rights has various powers and functions but two of its important functions are: (1) to investigate human rights violations involving civil and political rights whether committed by the government or by non-government entities; and (2) to establish a program of education and information to enhance respect for the primacy of human rights. (Sarmiento,2017) Prepared by: Rommel S. Laureta, MSCrim Page 22  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION Anchored on the 1987 Constitution, the legislative body created a number of special laws that would respect, ensure and protect human rights such as but not limited to the following: First Generation: 1. Republic Act No. 7438- Rights of Persons Arrested, Detained or otherwise Under Custodial Investigation; 2. Republic Act No. 8493- Rights to Speedy Trial Act of 1998; 3. Republic Act No. 9745-Anti-Torture Law 4. Republic Act No. 9851-Penalizes Crimes Against International Humanitarian Law, etc; 5. Republic Act No. 10350-Anti-Enforced Disappearance Act; and 6. Republic Act No. 10368-Creation of Human Rights Victims Claims Board. Second Generation: 1. Republic Act No. 6657-Comprehensive Agrarian Reform Law; 2. Republic Act No. 7279 - Urban Development and Housing Act of 1992; 3. Republic Act No. 8282-Social Security Act of 1992; 4. Republic Act No. 6938-Cooperative Code 5. Republic Act No. 8435-Agricultural and Fisheries Modernization Act of 1997; 6. Republic Act No. 7192-Woman in Development and Nation Building Act; 7. Republic Act No. 8505-Rape Victim Assistance and Protection Act of 1998; 8. Republic Act No. 6955- Declares Unlawful the Practices of Matching Filipino Women for Marriage to Foreign Nationals on a Mail Order Basis; 9. Republic Act No. 9710-An Act providing for Magna Carta of Women; 10. Republic Act No. 7610-An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse and Discrimination Act; 11. Republic Act No. 8749-Philippine Clean Air Act of 1999; 12. Republic Act No. 9003 - Ecological Waste Management and Protection Act; and 13. Republic Act No. 9147- Wildlife Resources Conservation and Protection Act. Fundamental powers of the state 1. Police Power It is the inherent and plenary power of the state which enables it to prohibit all that is hurtful to the comfort, safety and welfare of society [Ermita-Malate Hotel and Motel Operators Association, Inc. z. Mayor of Manila, G. R. No. L-24693 (1967)]. The police power of the state is a power coextensive with self-protection, and is not inaptly termed the "law of overruling necessity" [Rubi v. Provincial Board of Mindoro, G.R. No. L- 14078 (1919)]. Police power, while incapable of an exact definition, has been purposely veiled in general terms to underscore its comprehensiveness to meet all exigencies and provide enough room for an efficient and flexible response as the conditions warrant” [White Light Corporation v. City of Manila, G.R. No.122846(2009)]. Scope and limitations General Coverage The state, in order to promote the general welfare, may interfere with personal liberty, with property, and with business and occupations. Persons may be subjected to all kinds of Prepared by: Rommel S. Laureta, MSCrim Page 23  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION restraints and burdens, in order to secure the general comfort, health and prosperity of the state and to this fundamental aim of our government, the rights of the individual are subordinated [Ortigas and Co., Limited Partnership v. Feati Bank and Trust Co., G.R. No. L- 24670 (1979)]. As police power derives its existence from the very existence of the State itself, it does not need to be expressed or defined in its scope. XXX So it is that Constitutions do not define the scope or extent of the police power of the State; what they do is to set forth the limitations thereof. The most important of these are the due process clause and the equal protection clause [Inchong v. Hernandez, G.R. No. L-7995(1957)]. Police power has been properly characterized as the most essential, insistent, and the least limitable of powers, extending as it does to all the great public needs [Ermita-Malate Hotel and Motel Operators Ass'n v. City of Manila, supra]. Implements on Police Power a. Taxation may be used as an implement of police power [Lut~ v. Araneta, G.R. No. L-7859 (1955)]. b. Eminent domain may be used as an implement to attain the police objective [Association of Small Landowners v. Secretary of Agrarian Reform, G.R. No.78742 (1989)]. Specific Coverage a. Public Health b. Public Safety c. Public Morals d. General Welfare [Abe v. Foster Wbeeler Corporation,G.R. Nos. L-14785 & L-14923 (1960)] Who may exercise Generally: Legislature Delegated a. President b. Administrative Bodies c. Law-making Bodies of LGU's Limitations on Delegation of Police Power a. Express grant by law [e.g. Secs. 16,391,447,458and 468, R.A.7160, for LGUs] b. Limited within its territorial jurisdiction [for local government units] c. Must not be contrary to law. Test of valid exercise a. Means Purpose Test 1. Lawful means: the means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals [Planters Products v. Fertiphil Corporation, G.R. No.166006(2008)]. Prepared by: Rommel S. Laureta, MSCrim Page 24  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION 2. Lawful subject: the interests of the public, generally, as distinguished from those of a particular class, require such interference [Incbong v. Hernande≈,supra]. b. Reasonability Test The limit to police power is reasonability. The Court looks at the test of reasonability to decide whether it encroaches on the right of an individual. So long as legitimate means can reasonably lead to create that end, it is reasonable [Morfe z. Mutuc, G.R. No. L-20387 (1968)]. 2. Eminent Domain The right of eminent domain is the ultimate right of the sovereign power to appropriate, not only the public but the private property of all citizens within the territorial sovereignty, to public purpose [Republic v. Heirs of Borbon, G.R. No. 165354 (2015)]. Scope and limitations The exercise of such right is not unlimited, for two mandatory requirements should underlie the Government's exercise of the power of eminent domain, namely: (1) that it is for a particular public purpose; and (2) that just compensation be paid to the property owner [Mactan-Cebu International Airport Authority v. Lozada, Sr., G.R. No. 176625 (2010)]. It is well settled that eminent domain is an inherent power of the State that need not be granted even by the fundamental law. Sec. 9, Art. III merely imposes a limit on the government's exercise of this power [Republic v. Tagle, G.R. No. 129079 (1998)]. Who may exercise Generally: Legislature Delegated (via charter) a. LGUs b. Other Government entities The repository of eminent domain powers is legislature, ie. exercised through the enactment of laws. But power may be delegated to LGUs and other government entities (via charter); still, the delegation must be by law [Manapat v. CA, G.R. No. 110478(2007)]. Requisites a. Necessity The necessity must be of public character. It is a political question when power is exercised by Congress, whilst generally justiciable when exercised by a delegate (except when delegation is grant of authority for special purpose). b. Private property All private property capable of ownership may be expropriated, except money and things in action. It may include services. Prepared by: Rommel S. Laureta, MSCrim Page 25  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION c. Taking There is taking of property when the following are present [Republic v. Castelli, G.R. No. L- 20620(1974)]: 1. the expropriator must enter a private property 2. the entrance into private property must be for more than a momentary period 3. the entry into the property should be under warrant or color of legal authority 4. the property must be devoted to a public use 5. the utilization of the property ousts the owner and deprives him of all beneficial enjoyment of the property d. Public Use Public use includes not only use directly available to the public but also those which redound to their indirect benefit [Heirs of Ardona v. Reyes, G.R.Nos. L-60549,60553-55 (1983)]. e. Just Compensation Just compensation is defined as the full and fair equivalent of the property taken from its owner by the expropriator. The measure is not the taker's gain but the owner's loss. Without just compensation, expropriation is not consummated. When determined: The general rule is that the value of just compensation is determined at the time of the filing of the complaint for expropriation [Sec 4, Rule 64, ROCJ. Exception: At the time of taking, when taking precedes filing of the complaint. 3.Taxation It is the enforced proportional contributions exacted by the State from persons and properties pursuant to its sovereignty in order to support the government and to defray all the public needs [Mandanas t. Purisima, G.R. No. 199802 (2018)]. It is as broad as the purpose for which it is given. Purpose a. To raise revenue b. Tool for regulation b. C. Protection/power to keep alive Requisites [sec. 28(1), art. Vi] a. Uniform and Equitable Taxes should be (a) uniform (persons or things belonging to the same class shall be taxed at the same rate) and (b) equitable (taxes should be apportioned among the people according to their ability to pay) b. Progressive system of taxation The rate increases as the tax base increases, with social justice as basis (Taxation here is an instrument for a more equitable distribution of wealth). Prepared by: Rommel S. Laureta, MSCrim Page 26  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION c. Delegated tax legislation Congress may delegate law-making authority when the Constitution itself specifically authorizes it. Scope and limitation General Limitations a. Power to tax exists for the general welfare; should be exercised only for a public purpose b. Might be justified as for public purpose even if the immediate beneficiaries are private individuals c. Tax should not be confiscatory: If a tax measure is so unconscionable as to amount to confiscation of property, the Court will invalidate it. But invalidating a tax measure must be exercised with utmost caution, otherwise, the State's power to legislate for the public welfare might be seriously curtailed d. Taxes should be uniform and equitable Specific Limitations a. Uniformity of taxation General Rule: Simply geographical uniformity, meaning it operates with the same force and effect in every place where the subject of it is found Exception: Rule does not prohibit classification for purposes of taxation, provided the requisites for valid classification are met [Ormoc Sugar v. Treasurer of Ormoc, G.R. No. L-23793 (1968)]. b. Tax Exemptions No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of Congress [Sec. 28 (4), Art.VI]. There is no vested right in a tax exemption. Being a mere statutory privilege, a tax exemption may be modified or withdrawn at will by the granting authority [Republic z. Caguioa, G.R. No. 168584(2007)]. Exemptions may either be constitutional or statutory: 1. Constitutional exemptions [Sec. 28(3), Art. VIJ 2. If statutory, it has to have been passed by majority of all the members of Congress [Sec.28(4), Art. VIJ] Prepared by: Rommel S. Laureta, MSCrim Page 27  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION The Philippine Bill of Rights: Due Process and Equal Protection Clause The Bill of Rights is one of the most important provisions of the 1987 Constitution when we speak about human rights. It is a list of fundamental rights of every person guaranteed by the Constitution which became the foundation of all the other statutory rights in the country. I. ARTICLE III (1987, PHILIPPINE CONSTITUTION): BILL OF RIGHTS Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. A. Due Process of Law- A law which hears before it condemns; which proceeds upon inquiry, and renders judgments only after trial (Lopez vs. Director of Lands) Bill of Rights (Art. 3, Sec. 1, 2, 12 (1-4), 13,14,17, & 21) Any act which tends to deprive an individual of his life, liberty and property is considered just and in accordance with due process when: (1) it is done under the authority of law or in accordance with the constitution itself; and (2) it is executed in a manner that is in compliance with the prescribed procedure required by law which is fair and reasonable. II. Aspects of Due Process 1. Procedural due process a. In judicial proceedings i. An impartial court cloth by law with authority to hear and determine the matter before it. ii. Jurisdiction lawfully acquired over the person of the defendant or property which is the subject matter of the proceedings iii. Opportunity to be heard given the defendant; and iv. Judgment to be rendered after a lawful hearing. b. In administrative proceedings i. In administrative proceedings, only substantial evidence, that amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion, is required. 2. Substantive Due Process a. Thus, a tax that is imposed for a private purpose constitutes a taking of property without due process as it is beyond the authority of the legislature to levy; and b. Likewise, the taking of property for private use or without payment of just compensations offends substantive due process. Persons Protected-all persons within the territorial jurisdiction of the Philippines, without regard to any difference of race, color, or nationality, including aliens. Meaning of Life-something more than mere animal existence. The prohibitions against its deprivation without due process extend to all limbs and faculties by which is employed. Prepared by: Rommel S. Laureta, MSCrim Page 28  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION Meaning of Liberty - the right of a man to use his mental faculties with which he has been endowed by his Creator subject only to the limitations that he does not violate the law or the rights of others. Meaning of Property - the thing itself or the right over a thing. What Constitutes Deprivation? 1. Deprivation of life-the loss of any of the various physical and mental attributes that man must have to live as a human being. It is the very foundation of human rights 2. Deprivation of liberty - that one who is unduly prevented from acting the way he wishes to do. 3. Deprivation of property-when its value is destroyed or its adaptability to some particular use or its capability for enjoyment is impaired. Equal Protection of Law Art.3, Sec.1,1987 Constitution. No person or class of persons shall be deprived of the same protection of laws that is enjoyed by other persons or other classes in the same place and in like circumstances (Tolentino vs. B. of Accountancy) (Requisite for valid classification: it rests on substantial distinctions, germane to the purpose of the law, not limited to existing conditions only, and must apply equally to all members of the same class-P.vs. Cayat) Reasonable Classification Permitted 1. Foreign Corporations are made to pay a higher amount of taxes than that paid by domestic corporations. 2. Certain professions are limited to persons of the male sex. 3. Certain privileges for leaves and shorter hours of labor extended to women are not extended to men. 4. Preferences are given to Filipino citizens in the lease of public market stalls. 5. Different professions are taxed at different amounts. 6. Employment in factories of children under designated ages is prohibited. Scope of Guarantee 1. The guarantee of equal protection (and due process of law) on all the organs of government and all the subordinate instrumentalities and subdivisions thereof, and on the three inherent powers of government. 2. The guarantee is available to all persons. 3. It does not extend to rights which are political 4. It is not also intended to enforce social equality Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Prepared by: Rommel S. Laureta, MSCrim Page 29  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION Arrest, Search and Seizure I. ARREST, Rule 113 of Revised Rules of Criminal Procedure Section 1. Definition of arrest. - Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. (1) What is arrest? Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. A seizure or forcible restraint, esp. by legal authority. The taking or keeping of a person in custody by legal authority, especially in response to a criminal charge; specifically, the apprehension of someone for the purpose of securing the administration of the law, especially of bringing that person before a court. -arrest, vb.249 Section 2. Arrest; how made. -An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention. (2a) How is arrest made? An arrest is made by: 1. An actual restraint of a person to be arrested, or 2. His submission to the custody of the person making the arrest. Requisites of a valid warrant of arrest The warrant of arrest must: 1. Be issued upon probable cause 2. Determined personally by the judge 3. After examination under oath or affirmation of the complainant and witnesses produced, and 4. Particularly describing the person to be seized. TAKE NOTE: The determination of probable cause for the issuance of warrants of arrest is addressed to the sound discretionof the trial judge. Such judicial discretion, as a general rule, is not interfered with in the absence of grave abuse of discretion. It implies that a warrant of arrest shall issue only upon a judge's personal determination of the evidence against the accused. Thus, when Information is filed before the courts and the judges are called upon to determine the existence of probable cause for the issuance of a warrant of arrest, what should be foremost in their minds is not anxiety over stepping on executive toes, but their constitutional mandate to order the detention of a person rightfully indicted or to shield a person from the ordeal of facing a criminal charge not committed by the latter. Limitations on arrest Prepared by: Rommel S. Laureta, MSCrim Page 30  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION 1. No violence or unnecessary force shall be used in making an arrest. 2. The person arrested shall not be subject to a greater restraint than is necessary for his detention. Use of force 1. Application of actual force, manual touching of the body, physical restraint or a formal declaration of arrest is not required. It is enough that there be an intent on the part of one of the parties to arrest the other and an intent on the part of the other to submit, under the belief and impression that submission is necessary. 2. 2.A policeman is never justified in using unnecessary force or in treating the offender with wanton violence, or in resorting to dangerous means when the arrest could be affected otherwise. Questions on the legality of arrest 1. Any irregularity attending the arrest of an accused should be timely raised in a motion to quash the Information at any time before arraignment. An accused may be estopped from assailing the legality of his arrest if he failed to move for the quashing of the Information against him before his arraignment. Any objection involving the arrest or the procedure in the court's acquisition of jurisdiction over the person of an accused must be made before he enters his plea; otherwise, the objection is deemed waived. 2. In many instances, the Supreme Court has ruled that when an accused never objected to the irregularity of his arrest before his arraignment, pleaded not guilty on arraignment and actively participated in the trial of the case, he or she is considered to have properly and voluntarily submitted himself or herself to the jurisdiction of the trial court and waived his or her right to question his arrest. 3. The failure of the accused though to timely object to the illegality of his or her arrest does not preclude him or her from questioning the admissibility of the evidence seized as an incident of the warrantless arrest. Its inadmissibility is not affected when the accused fails to timely question the jurisdiction of the court over his or her person. Jurisdiction over the person of the accused and the constitutional inadmissibility of evidence are separate and mutually exclusive consequences of an illegal arrest. Section 3. Duty of arresting officer. -It shall be the duty of the officer executing the warrant to arrest the accused and to deliver him to the nearest police station or jail without unnecessary delay. (3a) What are the duties of arresting officer? The duty of the officer executing the warrant are as follows: 1. Arrest the accused and 2. Deliver him to the nearest police station or jail without unnecessary delay. Article 125 of the revised penal code states: Prepared by: Rommel S. Laureta, MSCrim Page 31  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION The crime for the delay in the delivery of detained persons to the proper judicial authorities shall be charged against the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: twelve (12)hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent; and thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent. Section 4. Execution of warrant. -The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reasons therefor. (4a) Execution of warrant 1. The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt. 2. Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. 3. In case of his failure to execute the warrant, he shall state the reasons therefor. 4. Unless specifically provided in the warrant, the same remains enforceable until it is executed, recalled or quashed. The ten-day period provided in Rule 113, Section 4 is only a directive to the officer executing the warrant to make a return to the court. Failure to observe the requirement of using body-worn cameras or alternative recording devices, without reasonable grounds, during the execution of the search warrant shall render the evidence obtained inadmissible for the prosecution of the offense for which the search warrant was applied. Rules on the use of body-worn cameras in the execution of arrest warrants Issuance of Warrant and Requirement to Use Body-Worn Cameras Upon finding probable cause, the trial court shall issue an arrest warrant with an order requiring the use of at least one body-worn camera and one alternative recording device, or a minimum of two devices, or such number as may be necessary to capture and record the relevant incidents during its execution. In case of unavailability of body-worn cameras, the law enforcement officers who will implement the warrant shall file an ex parte motion before the court, requesting authority to use alternative recording devices for justifiable reasons. Should the trial court find merit in the motion, it shall issue an order allowing the use of alternative recording devices, which order shall be attached to and form part of the arrest warrant. If a body-worn camera is not available, the officers must use at least two alternative recording devices. Notification to Person to be Arrested and Other Subjects Prepared by: Rommel S. Laureta, MSCrim Page 32  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION When making an arrest by virtue of a warrant, the officers wearing the body-worn cameras or alternative recording devices shall, as early as practicable, notify the person to be arrested and the other subjects of the recording that the execution of the warrant of arrest is being recorded and that they are making an arrest pursuant to a warrant issued by a court. Use of Body-Worn Cameras during Arrest At least one body-worn camera and one alternative recording device, or such number as necessary to capture and record the relevant incidents during execution of the warrant shall be worn by members of the team making the arrest by virtue of a warrant. Should a body- worn camera be unavailable, at least two alternative recording devices must be used. The officers having such cameras shall ensure that they are worn in a conspicuous location and in a manner that maximizes their ability to capture a recording of the arrest. Both video and audio recording functions of the cameras shall be activated as soon as the officers arrive at the place of arrest. Unless provided in Rule 4, Section 10 of these Rules, the cameras shall not be deactivated until the arrest has been fully concluded and the arresting officers have delivered the person arrested to the nearest police station or jail pursuant to Rule 113, Section 3 of the Revised Rules of Criminal Procedure. Where a peace officer effectuates an arrest under Rule 113, Section 5 of the Revised Rules of Criminal Procedure and insofar as it is practicable, the arrest shall be recorded using body- worn cameras or alternative recording devices in the same manner as an arrest made with a warrant. Further, in cases of warrantless arrests effected under Section 21 of the Comprehensive Dangerous Drugs Act of 2002, as amended, the media representative may be allowed to record the operation, subject to the custody requirements under Rule 4, Sections 1,2, and 3 of these Rules. In case of malfunction, damage, or unavailability of body-worn cameras, resort to alternative recording devices may be allowed. Reasons for resorting to such alternative devices shall be explained in the affidavit to be submitted to the court under Section 4 of the Rule. Affidavit of Arrest and Submission of Recordings to Court. Upon filing of the report under Rule 113, Section 4 of the Revised Rules of Criminal Procedure, all recordings from the body-worn cameras or alternative recording devices used during the execution of the warrant shall be stored in an external media storage device and simultaneously deposited in a sealed package with the issuing court, provided that the officer may, with leave of court, retain a back-up copy for justifiable reasons for a period not exceeding 15 days. In case of redaction of personal identifiers in the recordings pursuant to Rule 4, Section 4 of these Rules, both the unredacted and the redacted files shall be submitted to the court. The report shall be accompanied by affidavits of the officers whose body-worn cameras or alternative recording devices were used to capture the recordings, and the affidavits shall state: 1. The date, time, and place of the recording; 2. The manner by which the recording was taken and stored, and when applicable, the fact of unavailability of body-worn cameras and that a resort to alternative recording devices was necessary, and the circumstances detailing the non-activation, interruption, or sudden termination of the recording; his or her protection. Any person Prepared by: Rommel S. Laureta, MSCrim Page 33  LEA 4 – LAW ENFORCEMENT OPERATION AND PLANNING WITH CRIME MAPPINGTION redacting information pursuant to this Section shall ensure that other incidents relevant to the arrest or search remain in the recordings. 3. The fact that persons subject of the recording were notified of the use of body-worn cameras or alternative recording devices; 4. The date, time, place, and other circumstances surrounding the first instance of retrieval or download of the recordings from the cameras; 5. The names and positions of the persons who had possession of and access to the recordings, including details of such access, from the time of their taking until their deposit with the court; 6. The fact of redaction of personal identifiers appearing in the recording whenever applicable, the special circumstances justifying such redaction, and the details redacted, pursuant to Rule