Lea 1 Midterm Notes - Law Enforcement (PDF)

YLLANA BAY VIEW COLLEGE, INC. *"The Builder of Future Leader"* Enerio St. Balangasan Dist., Pagadian City **COLLEGE OF CRIMINAL JUSTICE EDUCATION** **Law Enforcement Organization and Administration** **LEA 1 Midterm Notes** **[Appointment, Promotion, Attrition, & Retiremen...

YLLANA BAY VIEW COLLEGE, INC. *"The Builder of Future Leader"* Enerio St. Balangasan Dist., Pagadian City **COLLEGE OF CRIMINAL JUSTICE EDUCATION** **Law Enforcement Organization and Administration** **LEA 1 Midterm Notes** **[Appointment, Promotion, Attrition, & Retirement in the PNP]** **Appointment** Appointment to the PNP shall either be: - **Permanent Appointment.** It is lasting, intended for indefinite position. One can only be permanent to the police service when the requirements for the position desired, to which he or she is appointed, are meet. This includes the appropriate eligibility prescribed by law or regulation. - **Temporary Appointment.** It refers to an appointment rendered to an applicant in the police service who fails to meet the appropriate eligibility. Such appointment can be withdrawn by the appointing authority. **Appointing Authorities** - *Appointment for Patrolman/Patrolwoman to Police Executive Master Sergeant*. --- Appointed by the **PNP regional director** for regional personnel or by the Chief of the PNP for the national headquarters personnel and attested by the Civil Service Commission. - *Police Lieutenant to Police Lieutenant Colonel*. --- Appointed by the **Chief of the PNP**, as recommended by their immediate superiors, attested by the Civil Service Commission. - *Police Colonel to Police Lieutenant General*. --- Appointed by the **President** upon recommendation of the chief of the PNP, with proper endorsement by the Chairman of the Civil Service Commission and subject to confirmation by the Commission on Appointments. - *Police General.* --- Appointed by the **President** from among the senior officers down to the rank of chief superintendent in the service, subject to confirmation by the Commission on Appointments: Provided, That the Chief of the PNP shall serve a tour of duty not to exceed four (4) years: Provided, further, That, in times of war or other national emergency declared by Congress, the President may extend such tour of duty. **The general qualifications for appointment to the PNP** - A citizen of the Philippines; - A person of good moral conduct; - Must have passed the psychiatric/psychological, drug and physical tests to be administered by the PNP or by any NAPOLCOM accredited government hospital for the purpose of determining physical and mental health; - Must possess a formal baccalaureate degree from a recognized institution of learning; - Must be eligible in accordance with the standards set by the Commission; - Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in the Government; - Must not have been convicted by final judgment of an offense or crime involving moral turpitude; - Must be at least one meter and sixty-two centimeters (1.62m) in height for male and one meter and fifty-seven centimeters (1.57m) for female; - Must not weigh more or less than five kilograms (5 kg.) from the standard weight corresponding to his or her height, age, and sex; and - For new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age: except for the last qualification, the above enumerated qualifications shall be continuing in character and an absence of any one of them at any given time shall be a ground for separation or retirement from the service. **RA 11549** **Waiver Program** ***Nature of Appointment under a Waiver Program.*** Any PNP uniformed personnel who are admitted due to the waiver of the educational or weight requirements shall be issued a temporary appointment pending the satisfaction of the requirement waived. **Note:** On the waiver on educational requirement, the 2 years grace period for its attainment as per RA 8551 was extended by RA 9708 into 5 years in 2009. However, it is no longer applicable at present considering all active PNP personnel since the implementation of RA 6975, amended by Ra 8551, to whom RA 9708 should be made applicable, were most probably retired or separated in the PNP service. **The Field Training Program**: All uniformed members of the PNP shall undergo a Field Training Program for twelve (12) months involving actual experience and assignment in patrol, traffic, and investigation as a requirement for permanency of their appointment. **Lateral Entry of Officers into the PNP**: In general, all original appointments of commissioned officers in the PNP shall commence with the rank of **inspector**, to include all those with highly technical qualifications applying for the PNP technical services, such as **dentist, optometrists, nurses, engineers, and graduates of forensic sciences**. - **Doctors of medicine, members of the Bar, and chaplains** shall be appointed to the rank of **senior inspector** in their particular technical service. - Graduates of the Philippine National Police Academy (PNPA) shall be automatically appointed to the initial rank of **inspector.** **Time-in-Grade (TIG)** -- total period of time a candidate has acquired in a certain grade regardless of his status of appointment therein. **[Time in grade requirements:]** **[Based on Civil Service Commission Memorandum Circular 11 -- 0479, dated 09 December 2011]** - **Police Colonel to Police Brigadier General 2 years** - **Police Lieutenant Colonel to Police Colonel 2 years** - **Police Major to Police Lieutenant Colonel 5 years** - **Police Captain to Police Major 5 years** - **Police Lieutenant to Police Captain 4 years** - **Police Executive Master Sergeant to Police Lieutenant 3 years** - **Police Chief Master Sergeant to Police Executive Master Sergeant 3 years** - **Police Senior Master Sergeant to Police Chief Master Sergeant 3 years** - **Police Master Sergeant to Police Senior Master Sergeant 3 years** - **Police Staff Sergeant to Police Master Sergeant 3 years** - **Police Corporal to Police Staff Sergeant 3 years** - **Patrolman to Police Corporal 4 years** - **Probationary Patrolman to Patrolman 1 year** **Longevity Pay and Allowances in the Active Service** Uniformed personnel of the Department shall be entitled to a longevity pay of 10% of their basic monthly salaries of every 5 years of service, which shall be reckoned from the date of the personnel's original appointment. Provided, that the totality of such longevity pay shall not exceed 50% of the basic pay. They are also entitled with the following allowances: - Subsistence allowance, - Quarters allowance, - Clothing allowance, - Cost of living allowance (COLA), - Hazard pay, and - All other allowances as provided by existing laws. **Attrition System for Uniformed Personnel** **Attrition by Attainment of Maximum Tenure in Position --** The maximum tenure of PNP members holding key positions is hereby prescribed as follows: **POSITION** **MAXIMUM TENURE** -------------------------------- -------------------- Chief PNP Four (4) years Deputy Chief PNP Four (4) years Director of the Staff Services Four (4) years Regional Directors Six (6) years Provincial/City Directors Nine (9) years **Note:** *The President may extend the PNP Chief's tour of duty in times of war or other national emergency declared by Congress, but no other PNP member who has less than one (1) year of service before reaching the compulsory retirement age shall be promoted to a higher rank or appointed to any other position.* **Attrition by Relief --** A PNP uniformed personnel who has been relieved for just cause and has not been given an assignment within two (2) years after such relief shall be retired or separated. **Attrition by Demotion in Position or Rank --** Any PNP personnel, civilian or uniformed, who is relieved and assigned to a position lower than what is established for his or her grade in the PNP staffing pattern and who shall not be assigned to a position commensurate to his or her grade within eighteen (18) months after such demotion in position shall be retired or separated. **Attrition by Non-promotion --** Any PNP personnel who has not been promoted for a continuous period of ten (10) years shall be retired or separated. This mode of attrition was deferred because it will affect the operations of the PNP as it will decrease the police-to-population ratio and will be costly on the part of the government considering the financial requirement for the recruitment and training of new police officers. (NAPOLCOM Resolution 2012-185 dated May 18, 2012) **Attrition by Other Means --** A PNP member or officer with at least five (5) years of accumulated active service shall be separated based on any of the following factors: a. Inefficiency based on poor performance during the last two (2) successive annual rating periods; b. Inefficiency based on poor performance for three (3) cumulative annual rating periods; c. Physical and/or mental incapacity to perform police functions and duties; or d. Failure to pass the required entrance examinations twice and/or finish the required career courses except for justifiable reasons. Any dismissed PNP personnel via the Attrition Program shall be retired if he or she has rendered at least twenty (20) years of service and separated if he or she has rendered at least twenty (20) years of service. **Promotion System** **Promotion** is a status change of a policeman amounting to dynamic elevation of qualified or deserving members as opportunities occurs, to assignment or duties of greater importance. All promotions should be based on the following: - **Merit.** It is used as criterion for determining that an individual is qualified to meet the requirements of a higher-level job. - **Seniority.** It refers to the length of service that an employee has accumulated. - **Time-in-Grade (TIG) and Experience.** It is a requirement for a specified amount of time that uniformed personnel must spend in a grade before they are eligible for promotion. - **Mandatory Schooling.** It is a requirement for promotion of PNP uniformed personnel for their professional growth and career advancement such as PSJLC, PSSLC, PSOCC, PSOBC, PSOAC, PSOSEC etc. - **Elegibility.** It refers to elegibilities provided by R.A No. 11131, R.A No. 1080, NAPOLCOM PO, SPO, Inspector, Superintendent, Police Executive Service Eligibility (PESE) etc. **NOTE:** Promotion shall be based on the availability of vacant positions in the PNP staffing pattern, **shall be gender fair** and **shall ensure that women shall enjoy equal opportunity for promotion** as that of men. **Kinds of Promotion** - **Regular Promotion.** It refers to the promotion to the next higher rank granted to any uniformed personnel who passed the minimum qualification standard. It is a quota allocated promotion wherein a candidate must satisfy all the mandatory requirements fixed for a certain grade. - **Promotion by Virtue of Position.** Any PNP personnel designated to any key position whose rank is lower than that which is required for such position shall, after six (6) months of occupying the same, be entitled to a rank adjustment corresponding to the position. - **Special Promotion or Meritorious Promotion.** It refers to the promotion to the next higher rank granted to any uniformed personnel who has exhibited acts of conspicuous courage and gallantry at the risk of his/her life above and beyond the call of duty. - **Spot Promotion.** It is special promotion conferred by the President of the Republic of the Philippines which shall be exempted from the validation of NAPOLCOM. - **Posthumous Promotion.** It is a special promotion given for acts of heroism exhibited in the face of an armed enemy or in the conduct of rescue/disaster operations resulting in the loss of life. **Note:** Only police officers in the second level (from the rank of Police Patrolman/Patrolwoman to Police Lieutenant Colonel) shall be granted special promotion. There shall be no special promotion for third level ranks (Police Colonel to Police Brigadier General). **Retirement System** **Retirement-** refers to the withdrawal from one's occupation or position especially upon reaching a certain age. **Kinds of PNP Retirement** **1. Compulsory Retirements** - **Compulsory Retirement Due to Age.** Attainment of compulsory retirement age of fifty-six (56). - **Compulsory Retirement by Reason of Physical Disability.** An officer or non-officer who, having accumulated at least 20 years of active service, incurs total permanent physical disability in line of duty shall be compulsorily retired - **Compulsory Retirement Due to Missing in Action (MIA).** Any uniformed personnel who while in the performance of duty or by reason of his being an officer or member of the PNP, is officially confirmed missing in action, kidnapped or captured by lawless elements shall, while so absent, be entitled to receive or to have credited to his account the same pay and allowances to which such officer or uniformed member was entitled at the time of the incident. a. **Payment of Salary and Allowances to the Heirs of Uniformed Personnel.** In case any uniformed personnel has been officially confirmed as missing in action the Chief of the PNP shall direct payment of the absent uniformed personnel's monthly salary and allowances and other emoluments pertinent thereto his/her heirs for their support for a maximum period of 1 year from the date of commencement of absent or when last heard from as those kidnapped or captured by lawless elements. b. **Finding of Death and Termination of Payment of Salary and Allowances.** Upon the termination of the 1-year period as specified in the preceding paragraph, the missing uniformed personnel shall be automatically terminated. In the event said personnel shall thereafter be found to have been alive and is not entitled to the benefits paid, said benefits shall be reimbursed to the State within 6 months from the discovery of the fact or his reappearance. However, if his continued disappearance was fraudulent or made in bad faith he shall, together with his co-conspirators, be prosecuted according to law. **2. Optional Retirement.** It applies to any PNP member who, upon accumulation of at least 20 years of satisfactory service, at his own request and with the approval of the commission, shall be retired from the service and entitled to receive benefits as provided by law. **What is the difference between optional and early retirement?** - that at the time he or she applies for retirement, he or she has already rendered at least **ten (10) years** of continuous government service; - the applicant is not scheduled for separation or retirement from the service due to the attrition system or separation for cause; - he or she has no pending administrative or criminal case; and - he or she has at least three (3) more years in the service before reaching the compulsory retirement age and at least a year before his or her maximum tenure in position. **How are retirement benefits computed?** Monthly retirement pay shall be fifty percent (50%) of the base pay and longevity pay of the retired grade in case of twenty (20) years of active service, increasing by two and one-half percent (2.5%) for every year of active service rendered beyond twenty (20) years to a maximum of ninety percent (90%) for thirty-six (36) years of active service and over: Provided, That, the uniformed personnel shall have the option to receive in advance and in lump sum his retirement pay for the first five (5) years: Provided, further, That payment of the retirement benefits in lump sum shall be made within six (6) months from effectivity date of retirement and/or completion: Provided, finally, That retirement pay of the officers/non-officers of the PNP shall be subject to adjustments based on the prevailing scale of base pay of police personnel in the active service.\" **What are the benefits of PNP members with permanent physical disability?** - *Permanent physical disability*: An officer or non-officer who is permanently and totally disabled as a result of injuries suffered or sickness contracted in the performance of his duty as duly certified by the National Police Commission, upon finding and certification by the appropriate medical officer, that the extent of the disability or sickness renders such member unfit or unable to further perform the duties of his position, shall be entitled to one year\'s salary and to lifetime pension equivalent to eighty percent of his last salary, in addition to other benefits as provided under existing laws. **[The PNP Disciplinary Mechanisms, Offenses, and Penalties]** **Citizen's Complaints.** Any complaint by a natural or juridical and person against any member of the PNP shall be brought before the following: - **Chiefs of Police,** where the offense is punishable by withholding of privileges, restrictions to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not exceeding 15 days; - **Mayors of Cities** **in Municipalities,** where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period of not less than 16 days but not exceeding 30 days; - **People's Law Enforcement Board (PLEB),** where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period exceeding 30 days; or by dismissal. **Decisions.** The decision of the **PLEB** shall become final and executory. Provided, that a decision involving demotion or dismissal from the service may be appealed by either party with the **Regional Appellate Board** within ten (10) days from receipt of the copy of the decision. **Internal Discipline.** On dealing with minor offenses involving internal discipline found to have been committed by any regular member of their respective commands, the duly designated supervisors and equivalent officers of the PNP shall, after due notice and summary hearing. All breach of internal discipline should be filed to the following: - **Chiefs of Police or equivalent supervisors** may summarily impose the administrative punishment of admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or any of the combination of the foregoing: provided, that, in all cases, the total period shall not exceed 15 days. - **Provincial directors or equivalent supervisors** may summarily impose administrative punishment of admonition or reprimand; restrictive custody; withholding pf privileges; forfeiture of salary or suspension, or any combination of the foregoing: provided, that, in all cases, the total period shall not exceed 30 days; - **Police regional directors or equivalent supervisors** shall have the power to impose upon any member punishment of dismissal from the service. He may also impose the administrative punishment of admonition or reprimand; restrictive custody; withholding of privileges; suspension or forfeiture of salary; demotion; or any combination of the foregoing: provided, that, in all cases the total period shall not exceed 60 days; or - **Chief of the PNP** shall have the power to impose punishment of dismissal from the service; suspension or forfeiture of salary; or any combination thereof for a period not exceeding one 180 days: provided, further, that the chief of the PNP shall have the authority to place police personnel under restrictive custody during the pendency of a grave administrative case filed against him or even after the filing of a criminal complaint, grave in nature, against such police personnel. **Note: *PLEB, Chief of the PNP and NAPOLCOM*** are called as the ***Disciplinary Authorities.*** **What is Forum Shopping?** It refers to the filing of multiple complaints. When an administrative complaints is filed before a disciplinary authority, no other case involving the same cause of action shall be filed to any other disciplinary authority. **What is meant by AWOL?** It refers to the status of any PNP member who absents him or herself from work without approved leave of absence such as, but not limited, to the following: - Failure to report to his or her new assignment or unit within three (3) days from receipt of the order of reassignment or reporting to a unit where he or she is not officially assigned. **The Internal Affairs Service (IAS)** Entry to IAS shall be voluntary and subject to rigid screening where only PNP personnel who have at least 5 years of experience in law enforcement and who have no derogatory service records shall be considered for appointment. Members of the Bar may enter the service laterally. - Incidents where a police personnel discharges a firearm; - Incidents where death, serious physical injury, or any violation of human rights occurred in the conduct of police operation; - Incidents where evidence was compromised, tampered with, obliterated or lost while in custody of police personnel; - Incidents where a suspect in the custody of the police was seriously injured; and - Incidents where the established rules of engagement have been violated. **Summary Dismissal** *Summary Dismissal Powers of the PNP Chief and Regional Directors*: The Chief of the PNP and regional directors, after due notice and summary hearings, may immediately remove or dismiss any respondent PNP member in any of the following cases: - When the charge is serious and the evidence of guilt is strong; - When the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges; and - When the respondent is guilty of conduct unbecoming of a police officer. **People\'s Law Enforcement Board (PLEB):** \(a) Creation and Functions. --- Within thirty (30) days from the issuance of the implementing rules and regulations by the Commission, there shall be created by the sangguniang panlungsod/bayan in every city and municipality such number of People\'s Law Enforcement Boards (PLEBs) as may be necessary: Provided, That there shall be at least **one (1) PLEB** for every municipality and for each of the legislative districts in a city. The PLEB shall have jurisdiction to hear and decide citizen\'s complaints or cases filed before it against erring officers and members of the PNP. There shall be at least one (1) PLEB for every five hundred (500) city or municipal police personnel. Composition and Term of Office. --- The PLEB shall be composed of the following: - Any member of the sangguniang panlungsod/bayan chosen by his respective sanggunian; - Any barangay captain of the city or municipality concerned chosen by the association of barangay captains; and - Three (3) other members who shall be chosen by the peace and order council from among the respected members of the community known for their probity and integrity, one (1) of whom must be a member of the Bar or, in the absence thereof, a college graduate, or the principal of the central elementary school in the locality. The Chairman of the PLEB shall be elected from among its members. The term of office of the members of the PLEB shall be for a period of two (2) years from assumption of office. Such member shall hold office until his successor shall have been chosen and qualified. **Disciplinary Appellate Bodies or Authorities** **1. Regional Appellate Board (RAB)-** There shall be at least one (1) regional appellate board per administrative region in the country to be composed of a senior officer of the regional NAPOLCOM as Chairman and one (1) representative each from the PNP, and the Regional Peace and Order Council (RPOC) as members. It will review cases decided by: - City or Municipal Mayors - Chiefs of Police in the exercise of their disciplinary powers; - PLEB - PNP Regional Director **2. National Appellate Board (NAB)-** It shall be composed of the four (4) regular commissioner and shall be chaired by the Vice Chairperson and the Executive Officer. It will review cases decided by: - Chief of the PNP - Inspector General **3. Department of Interior and Local Government (Sec.)-** will review cases decided by: - RAB - NAB **4. Civil Service Commission (CSC)-** will review cases decided by: - Secretary of the DILG - NAPOLCOM **NOTE**: In summary, **Appellate Authorities** refer to the **RAB**, from decisions ordering the demotion or dismissal of the respondent rendered by the police Regional Directors or Equivalent Supervisors; the **NAB**, from decisions rendered by the Chief of the PNP ordering the demotion or dismissal of the respondent; the **Secretary of the DILG**, from decisions rendered by the NAB and RAB; and the **CSC**, in summary dismissal proceedings instituted before the NAPOLCOM *en banc.* **GENDER SENSITIVITY PROGRAM** The PNP has established women's desks in all police stations throughout the country to administer and attend to cases involving crimes against chastity, sexual harassment, abuses committed against women and children and other similar offenses. **Prioritization of Women for Recruitment --** within the next five (5) years, the PNP shall prioritize the recruitment and training of women who shall serve in the women's desk. Pursuant to this requirement, the PNP shall reserve ten percent (10 %) of its annual recruitment, training and education quota for women. **POLICE PERSONNEL MANAGEMENT** - The systematic process of recruitment, selection, appointment, promotion, appraisal, training and career development in the police force directed toward the achievement of an effective and efficient police organization. **Role of the Personnel Manager** 1. **Personnel manager assists the top management** -- the people in the top management are the ones who decide and frame the primary policies for the organization. 2. **He advises the line manager as a staff specialist** -- personnel manager act like a staff advisor and assists the line managers in dealing with various personnel matters. 3. **As a counselor** -- personnel manager attends to problems and grievances of employees and guides them. He tries to solve them in his best capacity. 4. **Personnel manager acts as a mediator --** He is a linking pin between management and workers. 5. **He acts as a spokesman --** since he is in direct contact with the employees, he is required to act as representative of the organization in committees. He represents the company in training programs. **Functions under Personnel Management** 1. **Personnel Planning --** it is also called as Human Resource Planning or Manpower Planning consists of putting the right number of people, right kind of people at the right place, right time, and doing the right things for which they are suited for the achievement of organizational goals. 2. **Personnel Recruitment and Selection --** there has to be job analysis before recruitment and selection because it is the starting point for personnel management. Personnel in any organization could be more efficient and effective, thus contribute more to the attainment of organizational goals and objectives if they were properly apprised in advance of their duties, responsibilities and accountabilities. **Methods of Collecting Job Information** 1. **Direct Observation** -- it involves observing individuals performing their job duties to determine what tasks are involved and what knowledge, skills and aptitude are required for them to perform effectively. 2. **Individual Interview** -- this method is particularly effective in analyzing administrative, managerial, professional and technical jobs but it may not be effective when large numbers of jobs are analyzed because of individual interviews that have to be conducted. 3. **Group Interview** -- the interview is conducted simultaneously with all, or a sample of, incumbents in a particular job. 4. **Open-ended Questionnaire --** it involves distributing a questionnaire to incumbents or supervisors that allows them considerable latitude in answering questions regarding job content and job requirements. 5. **Structured Questionnaire --** this method limits responses to predetermined sets of answers. This is useful when the organization desires highly detailed information about job tasks or worker behaviors. **Personnel Recruitment --** it is the process of locating, identifying and attracting capable applicants. The objective of recruitment is for the department or organization to be able to gather a sufficient number of applicants. **Personnel Selection --** it is the process of screening job applicants to ensure that the most appropriates candidates are hired or putting the right men on the right job. **Personnel Compensation and Welfare Benefits** **Compensation --** it what the personnel receive in exchange for their work. It refers to the function of providing adequate and equitable remuneration of personnel for their contribution to organizational objectives. **Types of Compensation** 1. *Pay (base salary) --* refers to the standard salary that personnel receive for doing a job. All regular employees are assured of this kind of compensation. 2. *Incentives --* are rewards given to the personnel for performing beyond the standard requirement. This is normally given apart from the base salary. 3. *Benefits --* are rewards given to the personnel for maintaining membership in an organization. **Career and Employee Development** **Career --** refers to the pattern of work-related experiences that span the course of a person's life. **Career Development --** is a process designed by the organization to assist personnel in managing their careers. **Personnel Development --** it is an activity that focuses on increasing the intellectual and emotional capabilities of personnel for continuing growth and advancement in the organization. **Training --** it concentrates on technical skills in which the personnel development is future-oriented and more concerned with educating the personnel by providing him with analytical, human and conceptual skills. **Discipline --** means systematically conducting the business by the organizational members who strictly adhere to the essential rules and regulations. **Modes of Separation from the Service** 1. **Transfer to other Agencies** 2. **Retirement --** it is the act of withdrawing oneself from active service either due to early retirement, optional retirement or compulsory retirement. 3. **Death --** it could be due to natural causes like sickness or accident or being killed in action (KIA). 4. **Disciplinary Actions --** the police officer was dismissed from the police service as a penalty for a criminal or administrative offense that he has committed. 5. **Missing Persons --** the personnel have not been seen for a long period of time. 6. **Decruitment --** it is the process of reducing the number of personnel in an organization. *Prepared by: Criseljosa W. Lacapag, RCrim*