LEOA-MODULE-1 (1).docx

C:\\Users\\Rutha\\AppData\\Local\\Temp\\ksohtml3728\\wps1.png **MODULE 1** **Subject: Crim LEA 1: Law Enforcement administration and organization** **1. Title of the Module** **Chapter I. Introduction to law enforcement organization** **2. Introduction** **3. Learning Outcome** The students are expected to: - Discuss the background of policing and how it was developed in the world - Explain the various theory, philosophy, and principles behind law enforcement service - Determine significant events in the evolution of the Philippine police services - Explain the elements/principles of organization - Illustrate the various types of organizational structure **4. Learning Content** **DEFINITION OF POLICE ORGANIZATION AND ADMINISTRATION** - ***Police Organization*** is a structured group of trained personnel dealt with achieving the goal of protecting life and property, ensuring public safety and maintaining peace and order. - ***Police Administration*** is simply referring to police in action which includes the cooperative human effort to achieve the purposes of the Criminal Justice System. **ETYMOLOGY OF THE WORD POLICE** **Origin and Definition of the word "Police"** The word "**[Police]**" originated from the ***[Greek]*** Word "***[Politeia]***" which means government, citizenship, or the entire activity of a polis -- a city. ***[Roman]*** changed it from Politeia to "***[Politia]***" -- a Roman Word meaning condition of a state, government and administration. ***[French]*** changed the word from Politia to "***[Police]***" -- a French Word which means: **POLICE** It is an agency of a community or government that is responsible for ***enforcing the law, maintaining public order, and preventing and detecting crimes***. **Law Enforcement** The term Law Enforcement Agency is **broader,** that includes other agencies under the **executive branch of the government** in charge with the execution or enforcement of LAW. POLICE v.s POLICEMEN **POLICE*-*** REFERS TO THE AGENCY/ ORGANIZATION OF THE PNP. **POLICEMAN**- Refers to the Person who employed in that Agency. ***What are the Different Police activities*** 1\. Prevention of Crimes 2\. Repression and Suppression of Crime 3\. Apprehension of Offenders 4\. Conduct Search and Seizure 5\. Investigation Of Crimes 6\. Protection of Lives and Property **Organization -**A Group of persons working together for a common goal or objectives -A form of human association for the attainment of Goal or Objective. **Police Organization-** A Group of trained personnel in the field of public safety administration engaged in the achievement of goals and objectives that promotes the maintenance of peace and order, protection of life and property, enforcement of the laws and prevention of crimes. **Ancient History of Police**: **Medjays--** a civil police headed by *[Egyptian military officer]* and the *[1^st^ group to use Police Dogs]* on Patrol. **Vigiles** -- a *[civilian in Rome armed with slaves and short sword]* to maintain peace and to fight fires. **Anglo-Saxon** -- a member of the *[Germanic tribes]* which settled in England in the 5^th^ Century A.D. and the *[1^st^ to conquer England]*. **HISTORICAL DEVELOPMENT OF POLICING** The idea of policing originated from the use of military bodies as guardians of peace in ancient Rome known as Praetorian Guards. ***1. Anglo-Saxon Period (Ancient England)*** **a. Frankpledge (mutual pledge system)-** under this system, ***every male over 12 years old*** join 9 of his neighbor to form a tithingmen who are tasked to apprehend any person who offends another and delivers him for trial. -A ***Constable*** served as a leader of ten tythings. -The *[primary task of the things was to protect their village from thieves and animals ]* Take Note: Frankpledge Policing System is not being followed at present in the Philippines because a person may become a policeman only if he reaches the age of twenty - one (21) and not all male residents are required to do police works. (Sec 14 Of RA 8551) -Things were later organized into SHIRES -A SHIRE was headed by a leader called SHIRE REEVE, which is the origin of the word " sheriff" -Their duty was to apprehend **b. PARISH CONSTABLE** \- A parish official charged with controlling crimes -appointed to serve for one year \- duties included organizing watchmen to guard the gates **Tun Policing-** required all male residents to guard the town to preserve peace and order, protect the life and property of the people, and suppress other factors affecting peace and order. Tun was the forerunner of the word \"town.\" Take Note: Tun Policing System is not being followed at present because not all male residents are required to do police works. **Hue and cry-** was carried out by a victim of a crime to **shout** for help at the middle of the community. Once heard by male residents, they automatically assemble to apprehend the perpetrator. Take Note: The Hue and Cry Policing System is not being followed at present because our sense of obligation to assemble and arrest the perpetrator, even we are capacitated to do so, already deteriorated. a system of apprehending criminals whereby a complainant goes to the middle of the community and shouts to call all male residents to assemble and arrest the suspect. An ancient saxon practice that invaders brought to England. When a person commits a crime or a felon escaped and it was detected, an ***[alarm was sounded, through the use of the oldest known warning device, the HORN]***. As they heard the sound all residents must help to capture the captives and when find guilty punishment follow. Anybody who will not help in the pursuit of the felon shall be considered as part of the escaping felon and shall also be punished. **Royal judge**- The Royal Judge conducts criminal investigation and gives appropriate punishment for the crime committed. Take Note: At present in the Philippines, the Royal Judge is not being followed because our judges do not conduct criminal investigations; they only conduct trial to determine whether the accused is guilty or not and impose the proper penalty in case of conviction; **Trial by ordeal**- a system of determining guilt of a suspect by undergoing an ordeal such as placing his hand in boiling water, not having been hurt means that he is innocent, otherwise, he is guilty. It is the process of actually inflicting pain to all suspects purposely to determine who the real suspect is. It is a belief that ***[if you are guilty God will not save you and if you are not guilty God will save you]*** miraculously regardless of what ordeal. The word "Ordeal" was derived from the medieval latin word "***[Dei Indicum]***" which means ***" a miraculous decision***" Take Note: At present, the Trial by Ordeal is not also being followed because we all know that anyone who puts his hand in boiling water will get hurt, whether guilty or not of the crime charged. **Thanes Policing System --** it was introduced by King Alfred the great where ***[landowners acted as the internal police of their own territory]*** having the power to arrest offenders and settle civil litigations. Take Note: The Thanes Policing System is not being followed at present in the Philippines because landowners are not empowered to settle civil litigations. They may however conduct arrest under any of the circumstances of warrantless arrest under Section 5, Rule 113 of the Rules of Court. ***2. Norman Period*** ***Shire Reeve System***- England was divided into 55 military districts known as shire-reeve. Shire was the district while reeve was the ruler. It was the forerunner of the word sheriff. "**[Shire]**" refers to a ***[district]*** in England while "**Rieve**" refers to the ***[head of a district]*** which later **change to** "***[Sheriff]***".- a Person which absolute powers that no one could questions his or her actions. Rieve was the ruler who makes laws, pass judgment and impose punishment. He was assisted by a **[Constable]** (***[forerunner of the word constabulary]***). William Norman divided England into 55 shires or district and each headed by a Rieve. Take Note: In the Philippines at present, no single person is authorized to make laws, render judgment, and impose penalties at the same time. The act of making laws is within the exclusive power of the legislative branch of the government and the act of rendering judgment and imposing penalties is the exclusive power of the Judiciary. Court Leet- To handle local legal matters in some, but all, communities, the Normans established the \"Court Leet,\" which looked after matters of purely local interest and petty village nuisances. The head of the Court Leet was the \"Comes Stable,\" which means \"Master of the House\". The Comes Stable was also appointed by the King to be responsible in keeping peace and order in a specific area. ***Traveling judge***- responsible in hearing cases taken from the shire reeve due to some abuses. It was the forerunner of circuit trial court judge*[. It refers to the person responsible in giving judgment. He travels to pass any judgment coming from a certain ruler to another district or shire where the offender resides.]* ***Legis Henrie (Henry)***- a law enacted which classified offenses against the king and the individuals, made by policemen public officials, empowered police and ***citizens to conduct arrest*** and assigned ***grand jury*** to inquire on facts of law. Together with their comparison with the Philippine policing system present, were the following: 1. The law violations were classified as offenses against the King. Take Note: At present, the crimes in the Philippines are considered assault against the state so the title of criminal cases goes this way: People of the Philippines Versus (Name of the Accused). 2. The policemen were considered as public officials: Take note: The criminal law of the Philippines at present considers our policemen as public officials. If Public officer is assaulted on occasion by reason of his official function, the crime committed is Direct assault. However, if that public officer is assaulted not on occasion nor by reason of his official function. The crime committed is Physical injuries (Art. 148, 149 263-266 of the RPC). 3\. The policemen and citizens were given the power to conduct arrest. Keepers of Peace: The Keepers of Peace was a proclamation issued by King Richard of England in 1195 requiring the appointment of knights to maintain peace and order at the place where the king is residing. The knights were posted on bridge and gates to check the people entering and leaving the town or cities. Take Note: At present in the Philippine setting, the President is guarded by a special unit called the Presidential Security Group (PSG). To be specific, the following are the missions of the PSG: 1. Conduct personal protection and close -in security to the president, First Family, the visiting head of states and other foreign dignitaries and head of government. 2. To conduct and provide assistance to AFP and PNP in its anti-organized crime undertakings as per orders of the president. 3\. To conduct community service efforts to local communities and assist the government in raising the standard of living for the Filipino people; and 4\. Maintain and secure all facilities and transportation assets used by the Office of the President and Vice President in doing its regular and non-regular functions. ***Magna Carta***- "*[Great Charter]*" document sealed by *[King John]* of England that became law upon the demand of the knights of the round table which stated that, no person shall be tried of *[no freeman shall be imprisoned except by legal judgment]* murder unless *[there is proof of the body of the victim]* and [there should be a national and local government and legislation]. ***[King john of England]***- considered as the "***worst king in the History***" Take Note: The three declarations of Magna Carta enumerated above are still being observed in the Philippines at present. Consider the following: 1\. In the Philippines, no person shall be deprived of his life, liberty...or property without due process of law. (Sec 1, Art3 of the Philippine Constitution) 2\. In the Philippines, the body of the victim may be the best evidence to prove that a crime of murder was committed; and A murder case may, however, still be proved by any other evidence aside from the body of the victim. The body of the victim is not, however, the same with the body of a crime. The body of a crime is defined as the facts and circumstances which prove that a crime was really committed. A body of a victim shows that a crime of murder was committed but an accused may still be held liable for the crime of murder even if the body of the victim is not located. **3. Westminster Period** During Westminster period in England, the following policing systems were practiced: **a. statute of Winchester** (1285 - 1500)- The Statute of Winchester was enacted introducing the system of Watch and Ward. Take Note: In the Philippines, it depends upon the barangay, municipal or city government to enact a system of watch and ward by means of employ the tanods or the barangay police to patrol especially at night. This authority of the local governments is a way of giving them local autonomy. **b. statute of 1295** The Statute of 1295 introduced the closure of gates of London. This start the observation of curfew hours. Take Note: In Philippine setting, curfew is being imposed or not depending upon an ordinance passed by the local government. Violation of curfew hours, in most cases, is only committed by minors. Said violation is considered as a Status Offense. Status Offenses refer to those which discriminate only a child, while an adult does not suffer any penalty for committing similar acts. These include curfew violations, truancy, parental disobedience, and the like. (Sec. 4 of RA 9344) - The law that mark the beginning of the curfew hours, which demanded the closing of the gates of London during sundown. - This initiated the closing of the gates of London during sunset - It stated the observation of the ***[curfew hours]*** **c. Justice of the peace** - Three or four men who were learned in the law of the land were given authority to pursue **arrest,** chastise and ***imprison violators of law***. - They handled felonies, misdemeanors and infractions of city or villages ordinances. This was later abolished about 75 years later. - **This was a position given to the respected *[civilians]* to have the *[power to arrest]****[,]* pursue, and imprison offenders. d. **Star Chamber Court (1487)** - Initially established as a special court *[that tried offenders against the state.] The room set-up is formed in a shape of a star and judges were given great powers such as the power to force testimony from a defendant leading to a great abuse of power or brutality on the part of the judges.* - Later, became both a court of law to determine civil rights and a court of revenue to enrich treasury - e. ***The Merchant Police (1500)*** f. ***The Parochial Police*** **4. Modern Period ( modern policing system )** During the Modern Period in England, the following policing systems were practiced: **a. Night watchmen or bellmen** - They were deployed for duty from sunset to sunrise. - King Charles II (1633)- King Charles Il passed a law that provided for the employment of Night Watchmen or Bellmen to be on duty from sunset to sunrise. Night Watchmen or Bellmen were known as Rattle watch because they carried rattles while on duty to inform the public of their watchful presence. **b. Bow Street Runner (thief catchers)** - It was organized by Henry Fielding in London - Formed the ***[Bow Street Horse Patrol]*** whose duty was to patrol the main roads and secure the travelers from highway bandits. - Henry Fielding (1740)- Henry Fielding became the chief magistrate at Bow Street in London. He organized a group of men known as Bow Street Runners (Thief catchers). He later formed the Bow Street Horse Patrol whose duty was to patrol the main roads thereby securing travelers from highway bandits. ***[Bow Street Runners]*** -a group of men organized to arrest offenders. **William Pitt** (1785)- In 1785, William Pitt presented a bill in the British Parliament calling for the creation of a police force in London. This proposal met with instant opposition. Pitt argued that this new force would be responsible for the apprehension of criminals and crime prevention that would be the formal continuation of the mandate of the Bow Street Runners. After considerable opposition to the proposed police force for London and charges that it would be used to strengthen the very centralist authoritarian government, William Pitt\'s bill was withdrawn. **Sir Robert Peel** (1829)- Sir Robert Peel introduced the Metropolitan Act which was passed by the Parliament of England. The enactment of said law led to the creation of the Metropolitan Police Force of London, which was viewed as the ***first world\'s first organized uniformed police force.*** This force was later on named as the Scotland Yard. Being the originator and the first head of such police organization, Sir Robert Peel has earned the title \"***Father of Modern Policing System.\"*** The important plan of Sir Robert Peel was the ***separation of policing and judiciary***. He believed that the authority of the police shall be only up to the prosecution of crimes. The trial of crimes must be left to the hands of another agency of the government which is the judiciary. **Take Note**: The said plan of Sir Robert Peel was adopted at present in the Philippines. The criminal justice system of the Philippines is composed of the Law enforcement, the Prosecution, the Court, the Correction, and the Community. These pillars are separate and distinct from each other but they are helping one another in the administration of justice. **c. London Metropolitan Police of act 1829** - It was established by Sir Robert Peel in 1829 which became the world's first modern organized police force; (metropolitan Police Service) - Later called as ***Scotland Yard*** - *The headquarters of the metropolitan Police Service iS the SCOTLAND YARD, NOW known as the NEW SCOTLAND YARD.* In 1829, Sir Robert Peel introduced the Metropolitan Police Act passed by the parliament of England-the milestone of England\'s police force. Sir Robert Peel become famous and was considered as the Father of Modern Policing System. The important plan of Sir Robert Peel was the **separation of policing and judiciary**. He believed that the authority of the police shall be only up to the prosecution of crimes. The trial of crimes must be left to the hands of another agency of the government which is the judiciary. Take Note: The said plan of Sir Robert Peel was adopted at present in the Philippines. The criminal justice system of the Philippines is composed of the Law enforcement, the Prosecution, the Court, the Correction, and the Community. These pillars are separate and distinct from each other but they are helping one another in the administration of justice. **1. the Police should be Organized along Military lines.** **2. the Police should be place under screening and training.** **3. the Police should be hired on a probationary basis ( probationary means not regular, rather under screening )** **4. the police should be deployed by time and by area** **5. Police headquarters should be accessible to the people** **6. Police -record keeping is essential** **PRINCIPLES OF ORGANIZATION AND ADMINISTRATION BY ROBERT PEEL** - A stable effective military organization of civic police under government control; - Absence of crime would be the best proof of the efficiency of the police; - Fast distribution of crime news to all the police was essential; - The proper territorial distribution of the forces according to hours and shift must be accomplished; - No qualification more indispensable to a police officer than the perfect command of temper since a quiet and determined manner has more effect, and commands more respects , than violent action; - Good appearance commands respects; - Proper selection and training is the basis of efficiency; - Public safety requires that every police officer be given a distinguishing number**.** **The nine (9) Principles of Sir Robert Peel for his police force, comparing it with the Philippine policing system at present:** 1\. To prevent crimes and disorders, as an alternative to their repression by military force and by severity of legal punishment; ***Take note*:** By the express provision of the law in the Philippines at present, the PNP adopted this principle. The DILG, where the PNP belongs. Shall be relieved of the primary responsibility on matters involving the suppression of insurgency and other serious threats to national security. However, the Philippine National Police shall, through information gathering and performance of its ordinary police functions, support the Armed Forces except in cases where the President shall call on PNP to support the AFP in combat operations. (Sec 3 of RA 8551). 2\. To recognize always that the power of the members of police to fulfill their function and duties is dependent on public approval of their existence, actions and behavior, and on their ability to secure and maintain public respect; 3\. To recognize always that to secure and maintain the respect and approval of the public means also the securing of the willing cooperation of the public in the task of securing observance of laws; 4\. To recognize always that the extent to which the cooperation of the public can be secured diminishes, proportionately, the necessity of the use of physical force and compulsion for achieving police objectives; 5\. To seek and preserve public favor, not by pandering to public opinion, but by constantly demonstrating absolutely impartial service to law, in complete independence of policy and without regard to the justice or injustices of the substance of individual laws; by readily offering individual service and friendship to all members of the public without regard to their wealth or social standing by readily exercising courtesy and friendly good humor: and by readily offering sacrifice in protecting and preserving life; 6\. To maintain at all times a relationship with the public that gives reality to the historic tradition that the police are the public and that the public are the police; the police being only members of the public who are paid to give fulltime attention to duties which are incumbent on every citizen, in the interests of community, welfare and existence; ***Take Note***: To have an effective coordination between the law enforcement and the public, the Police Community Relations Office of the PNP was established. The Police Community Relations is defined as the sum total of dealings of the police with the people it serves and whose goodwill and cooperation it craves for to insure the greatest possible efficiency in public service. To further develop a closer interaction between the community and the police in handling peace and order problems, the National Police Commission prescribed guidelines for the annual nationwide observance of the Police Community Relations Month which is the month of January. (NAPOLCOM Memorandum Order No 2008- 012). 7\. To use physical force only when the persuasion, advice, and warning is to found to be insufficient to be obtain public cooperation to an extent necessary to secure observance of law or to restore order; and to use only the occasion for achieving a police objective. ***Take Note***: By the express provision of the Rules of Court of the Philippines, no violence or unnecessary force shall be used in making an arrest. The Police Operational Procedure also mandates every PNP personnel to observe maximum tolerance. 8\. to recognize always the need for strict adherence to police executive functions and to refrain from even seeming to usurp the powers of the judiciary or avenging individuals or the state, and of authoritatively judging guilt and punishing the guilty ***Take Note***: The government of the Philippines at present, is consisted of three branches namely the Executive that executes laws, the Legislative that makes laws, and the Judiciary that interprets laws. Each is independent from others. In other words, no one of them must encroach the powers of other branches. The Philippine National Police is within the Executive branch. 9\. To recognize always that the test of police efficiency is the absence of crime and disorder, and not the visibility of police action in dealing with them. ***Take Note***: The Philippines at present adheres with the Modern Concept of Policing System. Under the Modern Concept, the public look at policemen as more effective in the absence of crime because police functions are not limited to arresting offenders or to other matters dealing with offenders. Police functions at present include public service. (In summary, all the nine (9) Principles of Sir Robert Peel for his police force were adopted and are being observed in the Philippines) **5. UNITED STATES OF AMERICA** **a. New York Police Department --** Created in 1845 in New York, USA. -Recognized as the first Modern style police department in the US. " ***The LARGEST POLICE FORCE IN THE WORLD*** " \- Modeled after the Metropolitan Police Service of London ***b. BOSTON POLICE DEPARTMENT*** -the ***["Oldest Police Department in The US]***." ,The first night watch was established in Boston in 1631. formally founded in May ,1854. ***AUGUST VOLLMER*** -- Recognized as the "**Father of Modern Law Enforcement**" for his contributions in the development of the field of criminal justice in the US. Autor of the book, Police Administration. Which served as the basic guide in the administration of the Police organization in the US. Was the first Police chief of Berkely , California. ***[Important Personalities in the Evolution of Philippine Policing]*** **Brig.Gen. Rafael Crame-** The first Filipino Chief of the Philippine Constabulary **Col. Antonio Torres-** The first Filipino Chief of Police of the Manila Police Department in 1935. **Col. Lambert Javalera-** The First chief of Police of the Manila Police Department after the Philippine Independence from the United states of America in 1946. **Dir.Gen. Cesar Nazareno**- The first chief of the Philippine National Police. FUNDAMENTAL THEORIES OF POLICE SERVICE ***[Continental Theory]*** -- Police officers are ***considered servants of the higher authorities*** and the people have little or no share at all in their duties, nor any direct connection with them. This theory prevails among continental countries, like France, Italy, Spain, where the governmental structure follows the centralized pattern. ***[Home-Rule Theory]*** -- Police officers are considered ***as servants of the community*** who depend for the effectiveness of their functions upon the express wishes of the people. In this theory, police officers are civil employees whose primary duty is the preservation of public peace and security. This is practiced in England and in United States of America, where the governmental structure is decentralized. **CONCEPTS OF POLICE SERVICE** ***[Old Concept]*** -- police service is looked upon the police as merely as repressive machinery. This old philosophy means throwing more people in jail rather than keeping them out of jail. Under this concept, punishment is the sole instrument of crime control. The yardstick of efficiency of the police is more arrest. **[Modern Concept]** -- police service considers the police as an organ of crime prevention. Police service today has broadened its activities to include certain aspects of social service and has for its objective the welfare of the individual as well as that of the society. Under this philosophy, the yardstick of efficiency of the police. **Early policing system** **1.KIN POLICING** -- The family of the offended individual was expected to assume responsibility for Justice **.*The family of the victim was allowed to exact vengeance.*** **2. Egypt -**Ancient rulers had elite unit to protect them \- Created the ***MEDJAYS***; a form of police force whose duties include guarding of the tombs and apprehending thieves. -***they introduced the use of Dogs as guard and protectors***. **3. ROME** \- created the first organized police force called VIGILES OF ROME, or VIGILES URBANI (watchmen of the city), which had the primary task of *[firefighting and policing]* \- the ***Vigiles acted as night watch, apprehending thieves***, keeping an eye out for burglars and hunting down [runaway slaves], and were on occasion used maintain order in the streets \- the Vigiles dealt primarily with petty crimes and looked for disturbances of the peace while they patrolled the streets. -created a special unit called ***PRAETORIAN GUARDS***, (means Personal guards) a special force of guards used by Roman Emperors as the Emperor's personal guards. -as a personal guards of the Emperor, their primary duty was to protect the Emperor from assassination and other forms of attack against Emperor. **EVOLUTION OF PHILIPPINE POLICE SERVICE** **Spanish Regime** 1. **The Guardrilleros** (1836)-- This was body of rural police organized in each town and established by the Royal Decree of January 8, 1836. This Act provided that 5% of the able-bodied male inhabitants of each province were to be enlisted in this police organization for 3 years tour of duty. 2. **Carabineros de Seguridad Publica** -- This was organized in 1712 for the purpose of carrying out the regulations of the department of state. It was armed with carbines. In 1781, it was given the special commission of government custodian of the tobacco monopoly. By Royal Decree of December 20, 1842, it was organized and called CUERPO DE CARABINEROS DE SEGURIDAD PUBLICA, hence, its duties become police like and more general. 3. **The Guardia Civil (1852)** -- this was created by a ***Royal decree issued by the Crown*** on February 12, 1852 to partially relieve the Spanish Peninsular troops of their work in policing towns. They were **under the Governor or Alcalde** and they had bright and showy uniform, distinctively prominent insignia, and rigidly maintained military bearing. **Significant developments in Philippine setting during and after the American occupation** The significant developments in Philippine setting during and after the American occupation are the following: ***a. Insular Police Force*** (1890)- The Insular Police Force was established on November 30, 1890 during the Philippine - American War (1898-1901) upon recommendation of the Philippine Commission to the Secretary of War. ***b. Insular Constabulary*** (1901)- The Insular Constabulary was created on July 18, 1901 by virtue of Act 175. This law was entitled \"An Act Providing for the Organization and Government of an Insular Constabulary and for the Inspection of Municipal Police.\" ***c. Manila Police Department*** (July 31, 1901) - Organized by virtue of Act. No. 183 - Capt. George Curry, the first Chief of police - Col. Antonio C. Torres, the first Filipino Chief of Police of MPD - Col. Lamberto T. Javalera, the first Filipino COP of MPD under Republic Government ***d. Philippine Constabulary*** (October 3, 1901) - It replaced the insular constabulary by virtue of **Act. No. 255** - ***Capt. Henry T. Allen,*** first chief of PC and called as ***[the father of constabulary]*** - Brig/Gen. Rafael Crame, the ***[first Filipino Chief of Police of PC]*** ***e. Revised Administrative Code*** (1917)- It stated that the Philippine Constabulary is a national police institution for preserving peace, keeping order, and enforcing the law. (Sec 825 of the Administrative Code) ***f. Philippine Constitution*** (1935)- It provided that the government shall organize and maintain a national police force to preserve public order and enforce the law. (Sec 9, Art XIV of the 1987 Philippine Constitution). ***g. Kempeitai*** (1942)- On January 2, 1942 in the advent of World War II, the first element of Japanese Imperial Army called Kempeitai entered Manila. A member of the corps was called Kempei. Kempeitai Literally meant \"Military Police Corps.\" It was organized and existed from 1881 to 1945 to discharge not public service but to perform function of the military police for the Imperial Japanese Navy under the direction of the admiralty minister. ***h. Republic Act 157*** (1947)- The National Bureau of Investigation was established on June 19, 1947 by virtue of ***[Republic Act 157]***. The important provisions of Republic Act 157 include the following: a\. It provided the functions of National Bureau of Investigation which are the following: b\. It provided a manner of appointing the head of the Bureau. Its head is known as Director who shall be appointed by the President of the Philippines with the consent of the Commission on Appointments of the Congress of the Philippines; and (sec 2 of RA 157). c\. It abolished the Division of Investigation of the Department of Justice. (Sec 6 of RA 157) ***i. Republic Act 4864*** (1966)- Republic Act 4864 otherwise known as the police Act of 1966 was enacted on August 8, 1966. It created a Police commission under the office of the President of the Philippines. The police commission under this law was composed of the following. - Chairman; - Two (2) Regular Members; and The Chairman and two (2) Regular Members of NAPOLCOM were appointed by the President with the consent of the Commission on Appointments and who shall hold office for a term of seven years and may not be re - appointed. Two (2) Ex - officio Members- The Director of the National Bureau of Investigation and the Chief of the Philippine Constabulary were the ex- officio members of the Police Commission. (Secs 1 &2 of RA 4864) ***j. Republic Act 6040*** (1969)- Republic Act 6040 amended certain sections of Republic Act numbered 2260 known as the \"Civil Service Act of 1969.\" It empowered the Police Commission to give the appropriate examinations for officers and members of local police forces, with the assistance of the Civil Service Commission. (Sec 9 of RA 6040). This was perhaps the first move to professionalize the police force. ***k. Republic Act 6506 (***1972)- Republic Act 6506 otherwise known as \"An Act creating the Board examiners for criminologists in the Philippines and for other purposes. was approved and took effect on July 1, 1972. Its important provisions include the following: A Board of Examiners for Criminologists in the Philippines shall be created to be composed of a Chairman and two members who shall be appointed by the President of the Philippines upon the recommendation of the Commissioner of Civil Service from among the registered criminologists, if any, or from known criminologists of recognized standing in the profession, with the consent of the Commission on Appointments. (Sec 1 of RA 6506). **RELATED LAWS IN POLICE SERVICE** **Republic Act \# 4864** (Police Act of 1966) -- it was enacted on September 8, 1966 which created the Office of ***Police Commission*** which was later called NAPOLCOM. Presidential Decree \# 765 -- it was enacted on August 8, 1975 which created the Integrated National Police and provides for the NAPOLCOM to be under the Office of Ministry of National Defense **Republic Act \#6040** (Tolentino Law) -- empowering the Police Commission to give appropriate examinations to officers and members of police force aimed at professionalizing police services. **Republic Act \#6975** (DILG Act of 1990) -- establishing the Philippine National Police. Enacted December 13, 1990 this abolished the PC-INP and created agencies under the DILG (PNP, BFP, BJMP & PPSC). **Republic Act \#8551** (PNP Reform and Reorganization Act of 1998) -- created on February 25, 1998 which provides for the reformation and professionalization of the PNP. **RA 11200-** Reformed the ranking system of the PNP **PD 482, 531, 585** -- Integrated the Police, Fire and Jail departments in certain provinces and cities within the Philippines. **PRINCIPLES OF POLICE ORGANIZATION** 1. **Principle of Unity of Objectives** -- an organization is effective if it enables the individuals to contribute to the organization's objectives. 2. **Principle of Organizational Efficiency** -- Organization efficiency is effective if it is structured in such a way to aid the accomplishment of the organization's objectives with a minimum cost. 3. **Scalar Principle** -- shows the vertical hierarchy of the organization which defines an unbroken chain of units from top to bottom describing explicitly the flow of authority. 4. **Functional Principle** -- refers to division of work according to type, place, time and specialization 5. **Line and Staff** -- implies that a system of varied functions arrange into a workable pattern. The line organization is *[responsible for the direct accomplishment of the objectives]* while the staff is [responsible for support, advisory and facilitates capacity.] 6. **Principle of Balance** -- states the application of principles must be balanced to ensure the effectiveness of the structure in meeting organization's objectives. 7. **Principle of Delegation by result** -- states that authority delegated should be adequate to ensure the ability to accomplish expected results. 8. **Principle of absoluteness of responsibility** -- explains that the responsibility of the subordinates to their superior for performance is absolute and the superior cannot escape responsibility for the organization on activities performed by their subordinates. 9. **Principle of Parity and Responsibility** -- explains that responsibility for action cannot be greater than that implied by the authority delegated nor should it be less. 10\. **Authority Level Principle** -- implies that decisions within the authority of the individual commander should be made by them and not be returned upward in the organizational structure. 11\. **Principle of Flexibility** -- means that more flexible the organization, the more it can fulfill its purpose. **ELEMENTS OF THE ORGANIZATION** 1. **SPECIALIZATION** - The assignment of particular workers to particular tasks. Thus, it can be thought of in terms of either jobs or people. 2. **HEIRARCHY OF AUTHORITY** - Hierarchy represents the formal ***relationship among superiors and subordinates*** in any given organization. It can be visualized as a ladder with each rung representing a higher or lower level of authority. Authority is the right to command or control the behavior of employees in lower positions within an organizational hierarchy 3. **SPAN OF CONTROL** - Span of control is the ***maximum number of subordinates*** at a given position that superior can supervise effectively. 4. **DELEGATION OF AUTHORITY** - Delegation is the conferring of an amount of authority by a superior position onto a lower-level position. The person to whom authority is delegated becomes responsible to the superior for doing the assigned job. 5. **UNITY OF COMMAND** - It means that each employee should have only one supervisor or "boss"./ dictates that there should only ONE MAN commanding the unit to ensure uniformity in the execution of orders. 6**. CHAIN OF COMMAND -**the arrangement of officers from top to bottom on the basis of rank or position and authority. 7\) **COMMAND RESPONSIBILITY -**dictates that immediate commanders shall be responsible for the effective supervision and control of their personnel and unit **TYPES OF POLICE ORGANIZATIONAL STRUCTURES** a. ***Line Organization*** -- The straight line organization, often called the individual, military or departmental type of organization is the simplest and perhaps the oldest type; but it is seldom encountered in its channels of authority and responsibility extends in a direct line from top to bottom within the structures, authority is definite and absolute. b. ***Functional Organization*** -- The functional organization in its pure form is rarely found in present day organization, except at or near the top of the very large organization. Unlike the line type of structure, those establishments organized on a functional basis violate the prime rule that men perform best when they have but one superior. The functional responsibility of each "functional manger" is limited to the particular activity over which he has control, regardless of who performs the function. c. ***Line and Staff Organization*** -- Is a combination of the line and functional types. It combines staff specialists such as the criminalist, the training officer, the research and development specialist etc. Channels of responsibility is to "think and provide expertise" for the line units. The line supervisor must remember that he obtains advice from the staff specialists. **CLASSIFICATION OF LINE STAFF AND AUXILIARY FUNCTIONS ( Function of the Police Organization )** - **Line functions / Primary function** -- are the backbone of the police department which include *[patrol, investigation and traffic control]* which is performed by "line members" including patrol officer, sergeant and the chief of police. / *[functions that carry out the Major purposes of the Organization.]* - **Staff / Administrative functions** -- are those *[operations assigned to support the line functions]*, staff members are necessarily advisors who are typically assigned to [planning, research, legal advice and budgeting]. Staff members are often civilians with specialized training. The main function is to study police policies and practices and to offer proposals to the chief executive of the department. - **Auxiliary functions** -- involve the *[logistical operations]* of the department including [training, communications, jailing, maintenance, record keeping and similar operations.] **ORGANIC UNITS OF THE POLICE ORGANIZATION** 6. **OPERATIONAL UNITS-** Those that perform primary or line functions. *Examples:* ( patrol, traffic, investigation , vice control. ) 7. **ADMINISTRATIVE UNITS**- Those that perform the administrative functions. Examples: ( personnel, finance , planning ,training ) 8. **SERVICE UNITS** -Those that perform auxiliary functions. **Examples** : ( Communication and record management ) **[MANAGEMENT OR ADMINISTRATIVE FUNCTIONS]** 1\. **PLANNING** - refers to the determination in advance of how the objectives of the organization will be attained. 2\. **ORGANIZING** - involves the determination and allocation of the men and women as well as the resource of an organization to achieve pre-determined goals or objectives of the organization. 3**. DIRECTING** - involves the overseeing and supervising of the human resources and the various activities in an organization to achieve through cooperative efforts the pre-determined goals or objectives of the organization. 4\. **STAFFING** - the task of providing competent men to do the job and choosing the right men for the right job. It involves good selection and processing of reliable and well-trained personnel. 5\. **CONTROLLING** - involves the checking or evaluation and measurement of work performance and comparing it with planned goals or objectives of the organization, and making the necessary corrective actions so that work is accomplished as planned. 6\. **REPORTING** - the making of detailed account of activities, work progress, investigations and unusual in order to keep everyone informed or what is going on. 7\. **BUDGETING** - the forecasting in detail of the results of an officially recognized program of operations based on the highest reasonable expectations of operating efficiency. ***["POSDCCRB"]*** 1\. [ ***Planning***] - Future Thinking 2\. ***[Organizing]*** - Allocation of resources. ***[3. Staffing]*** - Managing personnel. ***[4. Directing]*** - Overseeing and supervising. ***[5.Controlling]*** - Correcting actions. ***[6. Coordinating]*** - Harmonizing actions. ***[7. Reporting]*** - Detailed account. ***[8. Budgeting]*** - Estimate expenses. **[ORGANIZATIONAL UNITS IN THE POLICE ORGANIZATION]** 1\. ***Functional Units***- Functional division of the Department are described in the following terms. 1**. Bureau** -- *[Largest organic functional unit]* within a large department. It comprises of number of division. 2\. **Division**- a *[Primary subdivision of a bureau]*. 3\. **Section-** Functional *[unit within a division that is necessary for specialization]* 4\. **Unit**. -- Functional group within a section; or the *[smallest functional group with an organization. ]* **2. TERRITORIAL UNITS** **1.POST --** *[Fixed point or location]* to which an officer is assigned for duty. **2. Route-** a *[Length of streets]* designated for **[patrol purpose]**, also called ***LINE BEAT*** **3. BEAT --** An Area designed for patrol purposes whether foot or motorized. ( do not overlap in your territorial jurisdiction. ) **4. SECTOR --** An Area containing **[two or more beat]** , **[route]** or **[post]**. **5. District --** a Geographical subdivision of a city for patrol purposes, usually with own station **6. Area-** a section or territorial division of a large city each comprised of designated districts. ***Organizational Structure*** - The systematic arrangement of the relationship of the members, positions, departments and functions or work of the organization. It is comprised of functions, relationships, responsibilities and authorities of individuals within the organization. ***Organizational Chart*** - an illustration in the form of a chart which represents the organizational structure. The mechanical means of depicting the organizational structure. **Chain of command** -- a director exercises his authority and responsibility through a " chain of command" chain of command consisting of three different levels of follow: 1***. The top Echelon*** -- The top-most level where the overall responsibility and authority whereby subordinate commands and inits are placed. Group composed of the Chief,PNP ( C,PNP) ; The Deputy Chief for administration ( DCA ) ; The Deputy Chief for Operations ( DCO ); and The Chief of the Directorial staff. ( TCDS). 2**. The Middle Echelon**- the next echelon constitutes such as subordinate command units apportioned by the commander in order to accomplish his tasks. The National Support Units ( NSU ) , Regional, Provincial, city, district police officescompose the MIDDLE ECHELON. This echelon is further categorized below; a\. ***Top Middle echelon***- NSUs, regional Offices b\. ***Intermediary Middle Echelon*** -- Provincial/City Police offices: c***. Lower Middle Echelon*** -- Provincial/ City District offices. **3. The Lower Echelon** -- the lower echelon is comprised of the subordinate units further apportioned by subordinate commanders, such as the City and Municipal. **GUIDELINES IN STRUCTURING COMMAND ORGANIZATIONS** 1\. **Division of Work** - refers to the breaking up work or function into its fundamental component part to increase specialization at the lower levels of command. 2\. **Goal Orientation** - the grouping of functions should be oriented towards the accomplishment of the goals of the organization. 3\. **Levels of Authority -** should be minimal if possible so that the chain-of-command will be shortened. 4\. **Simplicity** - an organization must be structured simply to be lean and mean. **5. Unity of Command -** means that a subordinate is responsible only one commander and orders that come from the top echelon must be the same orders to be passed on the lowest echelon in the organization. It is important that only one man be in complete command of each situation and that only one man be in direct command or supervision of each officer. **6. Responsibility and Authority -** areas of responsibility should be clearly defined and the location of authority logically established at every level in the organization**.** **7. Span of Control -** the ability of **one man to direct**, coordinate and control immediate subordinates. There are two kinds of span-of-control: broad and limited span of control. **8. Balance and Symmetry -** balance and symmetry in organizational structures should be observed with the other principles or organization. **9. Equality -** responsibility comes when there is commensurate authority and vice versa to specify limits so that abuse of power of authority will be prevented. **10. Homogeneity -** homogenous or similar grouping of work should give way to necessary division where grouping will result in placing together works which by their nature are incompatible. **11. Duplication and Overlap -** overlapping of function of work and duties should continually be avoided because of responsibility of several units, actually results to responsibility of no one. **Terminologies** **Sworn Officers** - all personnel of the department who have *[taken oath of office]* and who possess the power of arrest. **Superior Officer** - one having supervisory responsibility either temporary or permanent over officers\' lower ranks. **Commanding Officer** - an officer who is in *[command over the department]* and any other division in the department. **Ranking Officer** - Officer having the *[highest rank]* or grade. **General Orders** - *[permanent orders]* issued by the police manager not relating to specific circumstances or situations but affecting the whole department. **Length of Service** - the *[period of time]* that has elapsed *[since the oath]* of office was administered. **Off Duty** - the nature of which the police officer is free from specific routine duty. **On Duty** - The period when the officer is actively engaged in the performance of duty. **Special Duty** - nature of which requires the officer to be excused from the performance of duty of regular or routine duty. **Leave of Absence** - Extended period when the officer is excused from active-duty participation and during which time he receives or does not receive any pay. **Sick Leave** - period where the officer is *[excused]* from active duty by reason of *[illness or injury.]* **Suspension** - *[temporarily deprives an officer the privilege of performing his police duties]* as a consequence of violating a directive or other department regulations. **Department Rules** - established to control the conduct of the members of the force. **Duty Manual** - describes procedures and defines the duties of officers assigned to a specified post or position. **Order** *[- instruction]* given by a ranking officer to a subordinate. **Shift** - time division of the day for purposes of assignment **Special Orders** - issued by the police manager relating to some specific circumstances or situations, usually *[temporary in nature]* and does not affect the entire department. **Personnel Orders -** those relating to personnel actions, such as *[promotion transfer, awards and disciplinary actions.]*, **Shift** - time division of the day for purposes of assignment. **Platoon** - composed of **several squads** which is assigned to one shift or served the entire city or municipality. **patrol officer** - is the backbone of the poli ce department **Police** - is a branch of the criminal justice system that has the specific responsibility of maintaining law and order and combating crime within the society. **Police organization** - is a group of trained personnel in the field of public safety administration engaged in the achievement of goals and objectives that promotes the maintenance of crimes. **Report** - usually a written communication unless otherwise specifies to be verbal reports; verbal reports should be confirmed by written communication **Community policing** - is the process by which an organized group of citizens devoted a time to crime prevention within a neighborhood. When suspecting criminal activities, members are encourage to contact the authorities and not to intervene **What are the 3 main task of supervision?** 1\. **Organize** - means planning the work of the department and of the personnel in an orderly manner. 2\. **Delegate** - means giving someone else the responsibility and authority to do something. The supervisor confers upon a subordinate officer the same authority and responsibility that the supervisor possesses to accomplish the specific task The supervisor remain responsible for the completion of the delegated task. 3\. **Oversee** - means that the supervisor ensures that the work that has been organized and delegated is satisfactorily completed.

LEOA-MODULE-1 (1).docx

Related

Transcript

Upgrade to continue