Week 1 NBI-PNP PDF
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University of Eastern Philippines
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This document provides an overview of the National Bureau of Investigation (NBI) and the Philippine National Police (PNP), detailing their roles, responsibilities, and organizational structures. It also outlines the relationships between the NBI and other related government agencies.
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1. NATIONAL BUREAU OF INVESTIGATION Its inception was on November 13, 1936 by virtue of Commonwealth Act No. 181. It was the brainchild of the late Pres. Manuel L. Quezon and Jose A. Yulo, then Secretary of Justice. Called initially the Division of Investigation or Di was patterned after...
1. NATIONAL BUREAU OF INVESTIGATION Its inception was on November 13, 1936 by virtue of Commonwealth Act No. 181. It was the brainchild of the late Pres. Manuel L. Quezon and Jose A. Yulo, then Secretary of Justice. Called initially the Division of Investigation or Di was patterned after the United States Federal Bureau of Investigation were Thomas Dugan, a veteran American police captain from the New York Police Department and Flaviano C. Guerrero, the only Filipino member of the United States Federal Bureau of Investigation. On June 19, 1947, by virtue of Republic Act No. 157, it was reorganized into the Bureau of Investigation under the Department of Justice. Later it was amended by Executive order No. 94 issued on October 4, 1947 renaming it to what it is presently known, the National Bureau of Investigation (NBI), which remained attached to DOJ. Executive Order No. 292, the Administrative Code of 1987, provided for the Organizational Structure and Operation of the DOJ and its attached agencies, including NBI. Republic Act No. 10867, otherwise known as “National Bureau of Investigation Reorganization and Modernization Act”. PRIMARY ROLES AND RESPONSIBILITIES: Extrajudicial Killings- Investigating crimes against media practitioners and activists. Judicial Protection- Probing murders of justices and judges. Cybercrime Prevention- addressing violations under Cybercrime Prevention Act of 2012 (R.A 10175). Anti-Corruption Efforts-Collaborating with Inter-Agency Anti-Graft Coordinating Council to tackle corruption. (R.A 3019) Economic and financial crimes- Investigating Anti-Dummy Law (C.A 108) cases and human trafficking (R.A 10364) at airports. National Security- Handling threats against President and high ranking officials. Specific Roles: Providing technical assistance to other law enforcement entities Coordinating with national and local police to uphold peace and order Maintaining a sophisticated forensic and crime laboratory Acting as a national clearinghouse for criminal information Issues clearances for various civil purposes, including travel and employment Services offered: NBI Clearance Issuance Forensic Services Technical Assistance Witness Protection Cybercrime Investigation NBI Organizational Structure: OFFICE OF THE PRESIDENT DEPARTMENT OF JUSTICE OFFICE OF THE DIRECTOR- headed by a Director, appointed by the President. Director is responsible for the overall management and direction of the NBI. ADMINISTRATIVE DIVISION- responsible for administrative functions, including human resource, finance and procurement INTELLIGENCE DIVISION- responsible for gathering intelligence on criminal activities and providing support to investigative divisions. TECHNICAL SUPPORT DIVISION- provide technical areas such as, forensics, cybercrime, and surveillance. SPECIAL INVESTIGATION DIVISION- handles high profile cases, organized crime, and cases involving national security. REGIONAL OPERATION SERVICES- oversees regional offices across the country LEGAL AND PROSECUTION DIVISION- responsible for prosecuting cases and providing legal advice TRAINING DIVISION- provide training and capacity program for personnel PUBLIC INFORMATION OFFICE- responsible for communication and outreach activities, including media relations and public awareness campaigns. SUPPORT SERVICES DIVISION- provide services such as logistics, maintenance, and facilities management. Related Agencies: 1. Bureau of Immigration- manages the entry and exit of foreigners, enforces immigration laws, and investigates related crimes. 2. Bureau of Correction- oversees the national penitentiary system, focusing on rehabilitation and reintegration of offenders. 3. Parole and Probation Administration- manages the release of individuals on parole or probation, ensuring compliance with conditions. 4. Presidential Commission on Good Government- investigates and recovers ill-gotten wealth from former officials of the Marco’s regime. 5. Public Attorney’s Office- provide legal assistance to low income Filipinos in criminal and civil matters. 6. Land Registration Authority- registers land titles and maintains accurate ownership records 7. Office of the Government Corporate Counsel- offers legal advice to government owned corporations 8. Office of the Solicitor General- represent the government in legal proceedings, serving as the legal counsel. 9. Philippine National Police- coordinates on cases requiring police support and large-scale operations. 10. Philippine Drug Enforcement Agency- investigation of drug related crimes under R.A 9165 11. Anti-Money Laundering Council- investigates money laundering and financial crimes. 12. Cybercrime Investigation and Coordination Center- cybercrime investigation under R.A 10175 13. Office of the Ombudsman- investigates corruption cases involving public officials 14. National Telecommunications- cases related to communication fraud and cybercrime 15. Philippine Coast Guard- helps in monitoring ports 16. National Intelligence Coordinating Agency- collaborate with the intelligence gathering and analysis 17. Department of Justice- oversees NBI operations, particularly in prosecuting criminal cases. 18. Bureau of Customs- combats smuggling, customs fraud, and illegal imports. 19. INTERPOL (PHILIPPINES)- the local arm of the International Criminal Police organization (INTERPOL), which facilitates international police cooperation and crime control. 2. PHILIPPINE NATIONAL POLICE Organized pursuant to RA 6975, as amended by RA 8551 A law enforcement agency under the DILG. Under administrative control and operational supervision of the National Police Commission. It is an organization that is national in scope and civilian in character, as provided by Article XVI, Section 6 of the 1987 Philippine Constitution: “The state shall establish and maintain one police force which shall be national in scope and civilian in character…” Headed by the Chief, PNP, with the rank of Director General, appointed by the President and who shall serve a term of office of four (4) years. NATIONAL IN SCOPE - Means that the PNP is a nationwide government organization whose jurisdiction covers the entire breadth of the Philippine archipelago. - All uniformed and non-uniformed personnel of the PNP are national government employees. CIVILIAN IN CHARACTER - Means that that the PNP is not a part of the military, although it retains some military attributes such as discipline. On January 9, 1901, the Metropolitan Police Force of manila was organized pursuant to Act No. 70 of the Taft Commission. Act No. 183- enacted on July 13, 1901 created the Manila Police Department Act No. 175- “An Act Providing for the Organization and Government of an Insular Constabulary”, established on August 8, 1901. R.A 4864- otherwise known as the “Police Act of 1966”, enacted on August 8, 1966; created the Police Commission as supervisory agency to oversee the training and professionalization of the local police forces under the Office of the President. P.D 765- Integration Act of 1975, enacted on August 8, 1975: established the Integrated National Police (INP) composed of Philippine Constabulary (PC) as the nucleus and integrated local police force as components, under the Ministry of National Defense. R.A 6975- department Of Interior and Local Government Act of 1990, enacted on December 13, 1990 reorganized the DILG and established the PHILIPPINE NATIONAL POLICE, BUREAU OF FIRE PROTECTION, BUREAU OF JAIL MANAGEMENT AND PENOLOGY AND THE PHILIPPINE PUBLIC SAFETY COLLEGE. PNP became operational on January 29, 1991. R.A 8551- “The Philippine National Police Reform and Reorganization Act of 1998”, enacted on February 25, 1998; this law amended certain provisions of R.A 6975. R.A 9708- law amending the provisions of R.A 6975 and R.A 8551 on the minimum educational qualification for appointment to the PNP and adjusting the promotion system; approved on August 12, 2009. “ An act extending for five (5) years the reglementary period for complying with the minimum educational qualification for appointment to the PNP, and adjusting the promotion system thereof, amending for the purpose pertinent provisions of R.A 6975 and R.A 8551 and for other purposes.” POWERS AND FUNCTION OF THE PNP enforce all laws and ordinances relative to the protection of lives and properties; maintain peace and order and take all necessary steps to ensure public safety; investigates and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution; exercise the general powers to make arrest, search and seizure in accordance with the constitution and pertinent laws; detain an arrested person for the period not beyond what is prescribed by the law, informing the person so detained of all his rights under the constitution; Issue licenses for the possession of firearms and explosives in accordance with the law; Supervise and control the training and operation of security agencies and issue licenses to operate security agencies and to security guards and private detectives, for the purpose of their profession. PNP Security Agency and Guard Supervision Division, Civil Security Group (SAGSD-CSG) ORGANIZATION AND COMPOSITION OF THE PNP Shall be headed by a Chief who shall be assisted by two (2) deputy chiefs; -Deputy for Administration -Deputy for Operation The Chief PNP and the two (2) deputy chiefs shall be appointed by the President; No officer who is retirable within six (6) months shall be appointed Chief. The PNP shall be composed of national office, regional offices, provincial offices, district offices, and city or municipal stations. CAMP RAFAEL CRAME The national headquarters of the PNP, located in Quezon City. Houses the offices of the ff.: 1. Chief, PNP 2. Two (2) deputy chiefs 3. Chief, Directorial Staff 4. Twelve (12) directorial staff 5. Eleven (11) administrative support units 6. Fourteen (14) operational support units DIRECTORIAL STAFF 1. Directorate for Personnel and Records Management; 2. Directorate for Intelligence; 3. Directorate for Operations; 4. Directorate for Logistics; 5. Directorate for Integrated Police Operations; 6. Directorate for Plans; 7. Directorate for Comptrollership; 8. Directorate for Police Community Relations; 9. Directorate for Investigation and Detective Management; 10. Directorate for Research and Development 11. Directorate for Information and Communication Technology Management; 12. Directorate for Human Resource and Doctrine Development ADMINISTRATIVE SUPPORT UNITS 1. Logistics Support Unit 2. Information Technology Management Service 3. Finance Service 4. Health Service 5. Communication and Electronic Service 6. Chaplain Service 7. Legal Service 8. Headquarters Support Service 9. Engineering Service 10. Training Service 11. PNP Retirement Benefits Administrative Service OPERATIONAL SUPPORT UNITS 1. Maritime Group 2. Intelligence Group 3. Police Security and Protection Group 4. Criminal Investigation and Detection Group 5. Special Action Force 6. Aviation Security Group 7. Highway Patrol Group 8. Police Community Relation 9. Civil Security Group 10. Crime Laboratory (Forensic Group) 11. PNP Anti-Cybercrime Group 12. PNP Drug Enforcement Group 13. PNP Anti-kidnapping Group 14. PNP EOD/K9 Group POLICE REGIONAL OFFICES PNP is divided into seventeen (17) police regional offices (PRO), each headed by regional Director: PRO 1-3, 5-13, NCR, BARMM, CAR, CALABARZON and MIMAROPA PROVINCIAL POLICE OFFICES For every region, there are provincial offices, each headed by a Provincial Director In large provinces, police districts may be established to be headed by a District Director At the city or municipal levels or stations, each is headed by a Chief of Police DISTRICT OFFICES NCRPO is divided into five (5) district each headed by District Director. 1. Manila Police District (MPD) (formerly known Western Police District)- Manila 2. Eastern Police District (EPD) Marikina, Pasig, San Juan & Mandaluyong 3. Northern Police District (NPD) Caloocan, Malabon, Navotas, Valenzuela 4. Central Police District (CPD) Quezon City 5. Southern Police District (SPD) Pasay, Makati, Parañaque, Las Piñas, Muntinlupa, Taguig and Pateros MANNING LEVELS (POLICE TO POPULATION RATIO) 1:500- Nationwide Average 1:1000- Minimum Police to Population Ratio NEW RANK CLASSIFICATION (R.A 11200) “An act providing for the new rank classification in the Philippine National Police, amending for the purpose Section 28 of R.A 6975” COMMISSIONED OFFICER: Rank Insignia: Old Rank New Rank Abbreviation Four Star Police Director General Police General PGEN Three Star Police Deputy Director General Police Lieutenant General PLTGEN Two Star Police Director Police Major General PMGEN One Star Police Chief Superintendent Police Brigadier General PBGEN Three Sun Police Senior Superintendent Police Colonel PCOL Two Sun Police Superintendent Police Lieutenant Colonel PLTCOL One Sun Police Chief Inspector Police Major PMAJ Two Anahaw Leaf Police Senior Inspector Police Captain PCPT One Anahaw Leaf Police Inspector Police Lieutenant PLT NON-COMMISSIONED OFFICER: Rank Insignia: Old Rank New Rank Abbreviation Senior Police Officer 4 Police Executive Master Sergeant PEMS Senior Police Officer 3 Police Chief Master Sergeant PCMS Senior Police Officer 2 Police Senior Master Sergeant PSMS Senior Police Officer 1 Police Master Sergeant PMSg Three Chevron Police Officer 3 Police Staff Sergeant PSSg Two Chevron Police Officer 2 Police Corporal PCpl One Chevron Police Officer 1 Patrolman/Patrol woman Pat KEY POSITIONS AND THEIR CORRESPONDING RANKS IN THE PNP CHIEF- POLICE GENERAL (HIGHEST POSITION IN THE PNP) DEPUTY CHIEF FOR ADMINISTRATION- POLICE LIEUTENANT GENERAL (2ND IN COMMAND) DEPUTY CHIEF FOR OPERATION- POLICE LIEUTENANT GENERAL (3RD IN COMMAND) CHIEF DIRECTORIAL STAFF- POLICE LIEUTENANT GENERAL NCR DIRECTOR- POLICE MAJOR GENERAL REGIONAL DIRECTOR- POLICE BRIGADIER GENERAL PROVINCIAL DIRECTOR- POLICE COLONEL NCR DISTRICT DIRECTOR- POLICE BRIGADIER GENERAL CHIEF OF POLICE- GENERAL QUALIFICATIONS FOR APPOINTMENT TO THE PNP (RA 6975, as amended by RA 8551 and RA 9708) 1. A citizen of the Philippines; 2. A person of good moral conduct; 3. Must have passed the psychiatric/psychological, drug and physical tests to be administered by the PNP or by any NAPOLCOM accredited government hospital for the purpose of determining physical and mental health; 4. Must possess a formal baccalaureate degree from a recognized institution of learning; 5. Must be eligible in accordance with the standards set by the Commission; 6. Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in the Government; 7. Must not have been convicted by final judgment of an offense or crime involving moral turpitude; 8. Must be at least one meter and sixty-two centimeters (1.62 m) in height for male and one meter and fifty-seven (1.57 m) for female; 9. Must weigh not more or less than five kilograms (5kgs) from the standard weight corresponding to his or her height, age and sex; and 10. For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age Pursuant to RA 9708, “…PNP members who are already in the service upon the effectivity of Republic Act No. 8551 shall be given five (5) years to obtain the minimum educational qualification preferably in law enforcement related courses, to be reckoned from the date of the effectivity of this amendatory Act: Provided, furthermore, That for concerned PNP members rendering more than fifteen (15) years of service and who have exhibited exemplary performance as determined by the Commission, shall no longer be required to comply with the aforementioned minimum educational requirement.” PROCESS OF APPLICATION 1. ONLINE APPLICATION 2. BMI- BODY MASS INDEX 3. PAT- PHYSICAL AGILITY TEST Sit-ups: Male 35 (1 minute), Female 25 (1 minute) Push-ups: Male 35 (1 minute), Female 25 (1 minute) 3 km Run: Male (19 minutes), Female 21 (minutes) 4. PPT- PSYCHOLOGICAL AND/ OR NEURO-PSYCHIATRIC TEST (written and oral examination) 5. PMDE- PHYSICAL, MEDICAL, DENTAL EXAMINATION 6. FINAL DELIBERATION 7. OATH TAKING 8. PROBATIONARY PERIOD RELATED AGENCIES: DILG- Parent agency NAPOLCOM- Administer and control PNP NBI- Investigation and Intelligence work PDEA- Drug related case IAS- Conduct inspections and audits on PNP personnel and units PLEB- One of the disciplinary authorities of the PNP authorized to handle and investigate citizen’s complaint EXAMINATION AND ELIGIBILITY The National Police Commission shall administer the entrance and promotional examinations for police officers on the basis of the standards set by the Commission (as amended by RA 8551). POLICE ENTRANCE EXAMINATION – taken by applicants of the PNP POLICE PROMOTIONAL EXAMINATIONS – taken by in-service police officers as part of the mandatory requirements for promotion. POLICE OFFICER EXAMINATION SENIOR POLICE OFFICER EXAMINATION INSPECTOR EXAMINATION SUPERINTENDENT EXAMINATION NAPOLCOM MEMORANDUM CIRCULAR NO. 2008-003 The appropriate eligibilities for PATROLMAN/PATROLWOMAN are those acquired from the following: - NAPOLCOM PNP Entrance Examination - R.A. No. 6506 (Licensed Criminologist) as amended by R.A 11131 - R.A. No. 1080 (Bar and Board Examinations of baccalaureate degree) - P.D. 907 (Granting Civil Service Eligibility to College Honor Graduates) - Civil Service Professional NAPOLCOM MEMORANDUM CIRCULAR NO. 2008-016 Promotional Examinations Members of the Bar and Licensed Criminologists whose profession are germane to law enforcement and police functions are no longer required to take promotional examinations. Up to the rank of Superintendent (Police Lieutenant Colonel) APPOINTMENT OF UNIFORMED PNP PERSONNEL PO1 to SPO4 – Appointed by the PNP Regional Director for regional personnel or by the Chief PNP for the National Headquarters personnel. INSP to SUPT – Appointed by the Chief of the PNP, as recommended by their immediate superiors. SSUPT to DDG – Appointed by the President Director General – Appointed by the President from among the senior officers down to the rank of Chief Superintendent. KINDS OF APPOINTMENT PERMANENT – when an applicant possesses the upgraded general qualifications for appointment in the PNP. TEMPORARY – Any PNP personnel who is admitted due to the waiver of the educational or weight requirements. Any members who will fail to satisfy any of the waived requirements with the specified time periods shall be dismissed from the service. Pursuant to NAPOLCOM Memorandum Circular No. 2007-009, a newly recruited PO1 shall be appointed in temporary status in twelve (12) months pending compliance with the Field Training Program (FTP) involving actual experience and assignment in patrol, traffic and investigation. APPOINTMENT UNDER WAIVER PROGRAM (NAPOLCOM MC No. 2007-009) 1) Conditions on waivers for initial appointment to the PNP a) The age, height and weight for initial appointment to the PNP may be waived only when the number of qualified applicants falls below the approved national/regional quota. b) The Commission en banc may grant age, height and weight waiver. The NAPOLCOM Regional Director may grant height waiver to a member of an indigenous group. c) Waiver of the age requirement may be granted provided that the applicant shall not be less than twenty (20) nor more than thirty five (35) years of age. d) Waiver of the height requirement may be granted to a male applicant who is at least 1 meter and 57 cm (1.57m) and to a female applicant who is at least 1 meter and 52cm (1.52m). Provided, that the minimum height requirement for applicants who belong to indigenous group duly certified by the Office of the Muslim Affairs (OMA) or the National Commission on Indigenous Peoples (NCIP) shall be 1.52m for male and 1.45m for female e) An applicant who is granted a weight waiver shall be given reasonable time not exceeding six (6) months within which to comply with the said requirement. Failure to attain the required weight shall cause the termination from the service. 2) Factors to be considered in the Grant of Waivers a) Outstanding accomplishments or possession of special skills in law enforcement, police work, martial arts, marksmanship and similar skills; b) Special talents in the field of sports, music and others; c) Extensive experience or training in forensic science and other technical services. 3) Selection Criteria under the waiver program a) Applicants who possess the least disqualifications shall take precedence over those who possess more disqualifications. b) The requirement shall be waived in the following order (AHWE): 1) Age 2) Height 3) Weight 4) Education LATERAL ENTRY OF OFFICERS INTO THE PNP 1) 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 (R.A. 6975). a). Senior Inspector (Police Captain) 1) Chaplain; 2) Member of the Bar; 3) Doctor of Medicine b) Inspector (Police Lieutenant) 1) Dentist 2) Optometrists 3) Nurses 4) Engineers 5) Graduates of forensic science 6) Graduates of Philippine National Police Academy Licensed criminologists may be appointed to the rank of inspector to fill up any vacancy after promotions from the ranks are completed. 2) New policy on LATERAL ENTRY (NAPOLOCM M.C 2008-006 a) A person with highly technical qualifications such as: 1) Dentist 2) Optometrist 3) Nurse 4) Engineer 5) Graduate of Forensic Science 6) Doctor of Medicine 7) Member of the Philippine Bar 8) Chaplain 9) Information Technologist 10) Pilot 11) Psychologist b) Graduate of PNPA c) Licensed Criminologist 3) Top priority consideration for lateral entry into the rank of Police Inspector shall be given to top ten (10) placers of the different Licensure Examinations. However, incumbent PNP members who landed in the top ten shall be given first preference over the civilian provided that the qualifications are satisfied. 4).The maximum age of PNP members applicants through lateral entry shall be forty six (46) years old at the time of appointment. Age waivers shall not be allowed. THE PNP PROMOTION SYSTEM Promotion is defined as the upward movement from one classification or rank to another carrying higher benefits and more responsibility. It is the upgrading of ranks and/or advancement to a position of leadership. KINDS OF PROMOTION 1. Regular Promotion 2. Special/ Meritorious/Spot Promotion 3. Promotion by virtue of position I. Regular Promotion - promotion granted to police officers meeting the mandatory requirements for promotion. MANDATORY REQUIREMENTS FOR PROMOTION 1. Educational attainment 2. Completion of appropriate training/schooling, such as: Master’s Degree -Chief Superintendent and above Officers Senior Executive Course (OSEC) – Supt to Sr. Supt Officers Advance Course (OAC) – Chief Insp. Officers Basic Course (OBC) – Sr. Insp. Officers Candidate Course (OCC) – SPOIV Senior Leadership Course (SLC) – SPOIII to SPOIV Junior Leadership Course (JLC) – POIII to SPOI 3. Time-in Grade – the number of years required for a police officer to hold a certain rank before he can be promoted to the next higher rank. The time-in grade in the PNP is maintained as follows (NAPOLCOM MC # 2011-196): 2 years – from Sr Supt to Chief Supt. 3 years – from Supt to Sr Supt 5 years – Chief Insp to Supt 5 years – Sr Insp to Chief Insp 4 years – Insp to Sr Insp 3 years – SPO4 to Insp 3 years – SPO3 to SPO4 3 years – SPO2 to SPO3 3 years – SPO1 to SPO2 3 years – PO3 to SPO1 3 year – PO2 to PO3 4 years – PO1 to PO2 4. Appropriate eligibility – the required promotional examinations a. Police Officer Promotional Examination b. Senior Police Officer Promotional Examination c. Police Inspector Promotional Examination d. Police Superintendent Promotional Examination Except for the Chief, PNP, no PNP member who has less than one (1) year of service before reaching the compulsory retirement age shall be promoted to a higher rank or appointed to any other position. - Pursuant to RA 9708, “…In addition, the institution of a criminal action or complaint against a police officer shall not be a bar to promotion: Provided, however, That upon finding of probable cause, notwithstanding any challenge that may be raised against that finding thereafter, the concerned police officer shall be ineligible for promotion: Provided, further, That if the case remains unresolved after two (2) years from the aforementioned determination of probable cause, he or she shall be considered for promotion. In the event he or she is held guilty of the crime by final judgment, said promotion shall be recalled without prejudice to the imposition of the appropriate penalties under applicable laws, rules and regulations: -Provided, furthermore, That if the complaint filed against the police officer is for a crime including, but not limited to, a violation of human rights, punishable by reclusion perpetua or life imprisonment, and the court has determined that the evidence of guilt is strong, said police officer shall be completely ineligible for promotion during the pendency of the said criminal case.” II. Special Promotion – promotion granted to police officers who have exhibited acts of conspicuous courage and gallantry at the risk of his/her life above and beyond the call of duty. Conspicuous courage is a courage that is clearly distinguished above others in the performance of one’s duty. ACTS OF CONSPICUOUS COURAGE AND GALLANTRY (NAPOLCOM Memorandum Circular No. 2007-003 and PNP Memorandum Circular No. 2009-019) 1. A deed of personal bravery and self-sacrifice above and beyond the call of duty, so conspicuous as to distinguish the act clearly over and above his/her comrades in the performance of more than ordinary hazardous service, such as; but not limited to the following circumstances: a. Overwhelming number of enemies and firepower capability as against the strength of PNP operatives and their firepower capability; b. Infiltration and penetration of the safehouses and hideouts of organized crime syndicates like kidnapping, illegal drugs, carnapping, hijacking and terrorism; c. Shoot-out in robbery/hold-up incidents inside public places such as: malls, government offices, business establishments and PUVs; d. Conduct of rescue/disaster operations that resulted in the saving of lives and properties. 2. An act of heroism exhibited in the face of an armed enemy or in the conduct of rescue/disaster operations resulting in the loss of life (posthumous promotions). Posthumous Award – in case an individual who distinguish himself dies before the granting of the awards. III. PROMOTION BY VIRTUE OF POSITION (Section 32, R.A. 8551) 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. Provided, that the personnel shall not be reassigned to a position calling for a higher rank until after two (2) years from the date of such rank adjustment. ATTRITION (RA 8551) Refers to the retirement or separation from police service of PNP uniformed personnel pursuant to any of the means mentioned in Section 24 to 29 of RA 8551 and other means as provided in NAPOLCOM Memorandum Circular No. 2008-005.) MODES OF ATTRITION a) Attrition by attainment of Maximum Tenure in Position. Maximum Tenure in Position refers to the maximum cumulative period for a PNP member to hold a particular position level. Position Maximum Tenure Chief Four (4) years Deputy Chief Four (4) years Director of the Staff Services Four (4) years Regional Directors Six (6) years Provincial/City Directors Nine (9) years b) 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. c) Attrition by demotion in position or rank – Any PNP personnel, civilian or uniformed, who are relieved and assigned to a position lower than what is established for his or her grade in the PNP staffing pattern and who shall not be assigned to a position commensurate to his or her grade within EIGHTEEN (18) MONTHS after such demotion shall be retired or separated. d) 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 e) Attrition by other means -Any PNP member of officer with at least five (5) years of accumulated active service shall be separated based on any of the following: 1. Inefficiency based on poor performance during the last two (2) successive annual rating periods; Poor performance refers to the poor rating in the promulgated PNP Performance Evaluation Rating System. 2. Inefficiency based on poor performance for three (3) cumulative annual rating periods; 3. Physical and/or mental incapacity to perform police functions and duties. 4. Failure to pass the required entrance examinations twice and/or finish the required career course except for justifiable reasons; 5. Refusal to take periodic PNP Physical Fitness Test without justifiable reason. Physical Fitness Test refers to the method of evaluating the physical condition of PNP members in terms of stamina, strength, speed and agility. 6. Failure to take PNP Physical Fitness Test for four (4) consecutive periodic tests due to health reasons; 7. Failure to pass PNP Physical Fitness Test for Two (2) consecutive periodic tests or four (4) cumulative periodic tests; or 8. Non-compliance with the minimum qualification standards for the permanency or original appointment. RETIREMENT OR SEPARATION UNDER THE ATTRITION SYSTEM Any personnel who is dismissed from the PNP pursuant to different ways mentioned, shall be retired if he or she has rendered at least twenty (20) years of service and separated if he or she has rendered less than twenty (20) years of service, unless the personnel is disqualified by law to receive such benefits. RETIREMENT- the separation of the police personnel from the service by reason of reaching the age of retirement provided by law, or upon completion of certain number of years in active service. A PNP uniformed personnel shall retire to the next higher rank for purposes of retirement pay. KINDS OF RETIREMENT a) Compulsory– for officer and non-officer, upon the attainment of age Fifty-Six (56). Provided, in case of any officer with the rank of CSUPT, Director or Deputy Director General, the Commission may allow his retention in the service for an unextendible of one (1) year. b)Optional – upon accumulation of at least Twenty (20) years of satisfactory active service. RETIREMENT BENEFITS Monthly retirement pay shall be FIFTY PERCENT (50%) of the base pay in case of twenty years of active service, increasing by TWO AND ONE-HALF PERCENT (2.5%) for every year of active service rendered beyond twenty years. CREATION OF WOMEN’S DESK -provided by RA 8551 -women’s desk in all police stations shall administer and attend to cases involving crimes against chastity, sexual harassment, abuses committed against women and children and other similar offenses. -the PNP shall reserve TEN PERCENT (10%) of its annual recruitment, training and education quota for women. -policewomen shall enjoy the same opportunities in terms of assignment, promotion and other benefits and privileges extended to all police officers. POWERS OF LOCAL GOVERNMENT OFFICIALS OVER THE PNP UNITS Governors and Mayors are deputized as representatives of the NAPOLCOM in their respective territorial jurisdiction. a) Provincial Governor -Power to choose the PNP Provincial Director from a list of 3 eligible recommended by the PNP Regional Director. -Oversee the implementation of the provincial public safety plan. b) City and Municipal Mayors -Has the power to choose his CHIEF OF POLICE from a list of five (5) eligible recommended by the provincial police director. -He has the authority to recommend to the provincial director the transfer, reassignment or detail of PNP members outside of their respective city or town. -Authority to recommend from a list of eligible, the appointment of new members of the PNP to be assigned in respective cities. -Exercise operational supervision and control over PNP units in their jurisdiction, except during the 30 days period immediately preceding and the 30 days following any national, local and barangay elections. -During the election period, local police forces shall be under the supervision and control of the COMELEC. Operational Supervision and control - means the power to direct, superintend, and oversee the day to day functions of police investigation of crime, crime prevention activities and traffic control. - shall also include the power to direct the employment and deployment of units or elements of the PNP, through the station commander, to ensure public safety and effective maintenance of peace and order within the locality. Employment -refers to utilization of units or elements of the PNP for purposes of protection of lives and properties, enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of criminal offenders and bringing the offenders to justice and ensuring public safety, particularly in the suppression of disorders, riots, lawlessness, violence, rebellious and seditious conspiracy, insurgency, subversion or other related activities. Deployment - shall mean the orderly and organized physical movement of elements or units of the PNP within the province, city or municipality for purposes of employment SUSPENSION OR WITHDRAWAL OF DEPUTATION - Unless reversed by the President, the NAPOLCOM may, after consultation with the provincial governor and congressman concerned, suspend or withdraw the deputation of any local executives for any of the following grounds: 1. Frequent unauthorized absences 2. Abuse of authority 3. Providing material support to criminal elements 4. Engaging in acts inimical to national security or which negate the effectiveness of the peace and order campaign. ADMINISTRATIVE DISCIPLINARY MACHINERIES Citizen Complaints -pertains to any complaint initiated by a private citizen or his duly authorized representative on account of an injury, damage or disturbance sustained due to an irregular or illegal act committed by a member of the PNP DISCIPLINARY AUTHORITIES: 1)CHIEF OF POLICE - where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not exceeding fifteen (15) days 2) CITY/MUNICIPAL MAYORS - where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not less than Sixteen but not exceeding Thirty (30) Days. 3) PEOPLE’S LAW ENFORCEMENT BOARD (PLEB) -where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period exceeding Thirty (30) Days, or by Dismissal. INTERNAL DISCIPLINE – On dealing with minor offense involving internal discipline found to have committed by any PNP members, the duly designated supervisors shall, after due notice and hearings, exercise disciplinary powers as follows: 1)CHIEF OF POLICE - may impose the administrative punishment of admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or any combination of the foregoing for a period not exceeding Fifteen (15) Days. 2)PROVINCIAL DIRECTORS - may impose the administrative punishment of admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or any combination of the foregoing for a period not exceeding Thirty (30) Days. 3)REGIONAL DIRECTORS - may impose the administrative punishment of admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; demotion; or any combination of the foregoing for a period not exceeding Sixty (60) Days. 4)CHIEF OF THE PNP - shall have the power to impose the disciplinary punishment of dismissal from the service; suspension or forfeiture of salary; demotion; or any combination of the foregoing for a period not exceeding One Hundred Eighty (180) Days. MINOR OFFENSE - shall refer to an act or omission not involving moral turpitude but affecting the internal discipline of the PNP, and shall include but not be limited to: -simple misconduct or negligence -insubordination -frequent absences or tardiness -habitual drunkenness -gambling prohibited by law INTERNAL AFFAIRS SERVICE (IAS) -created by RA 8551 POWERS AND FUNCTIONS OF THE IAS: - Pro-actively conduct inspections and audits on PNP personnel and units; - investigate complaints and gather evidence in support of an open investigation; -conduct summary hearings on PNP members facing administrative charges; -submit a periodic report on the assessment, analysis, and evaluation of the character and behavior of PNP personnel and units to the Chief PNP and the Commission; -file appropriate criminal cases against PNP members before the court as evidence warrants and assists in the prosecution of the case; -provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP; The IAS shall also conduct, motu proprio (on its own initiative), and automatic investigation of the following cases: -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 a police operation; -incidents where evidence was compromised, tampered with, obliterated, or lost while in the 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. ORGANIZATION OF IAS -headed by the INSPECTOR GENERAL who is a CIVILIAN and appointed by the President upon the recommendation of the Director General (Chief, PNP) -the Inspector General shall be assisted by a Deputy Inspector General -there shall be national, regional and provincial offices -the national office shall be headed by the Inspector General, the regional offices by a Director, and the provincial offices by a Superintendent ENTRY QUALIFICATIONS TO IAS -entry shall be voluntary -PNP personnel with at least five (5) years’ experience in law enforcement -with no derogatory service record -members of the bar may enter the service laterally PEOPLE’S LAW ENFORCEMENT BOARD (PLEB) - a body created pursuant to RA 6975. - one of the disciplinary authorities of the PNP authorized to handle and investigate citizen’s complaint. -the central receiving entity for any citizen’s complaint against the PNP members - shall be created by the sangguniang panlungssod/bayan in every city and municipality as may be necessary. -there shall be at least one (1) PLEB for every five hundred (500) city or municipal police personnel. - membership in the PLEB is a civic duty. COMPOSITION OF PLEB composed of five (5) members who shall be as follows: -any member of the sangguniang panlungsod/bayan. -any barangay chairman of the locality concerned. -three other members to be chosen by the local peace and order council from among the members of the community. -for the three other members, the following conditions must be met: -one must be a woman -one must be a lawyer, or a college graduate, or the principal of an elementary school in the q locality -the CHAIRMAN of the PLEB shall be elected from among its members -the term of office of the members of the PLEB is THREE (3) YEARS DISCIPLINARY APPELATE BOARDS -formal administrative disciplinary appellate machinery of the National Police Commission. -tasked to hear cases on appeal from the different disciplinary authorities in the PNP COMPOSED OF THE FOLLOWING: National Appellate Board -shall decide cases on appeal from decisions rendered by the PNP Chief and the National Internal Affairs Service -shall be composed of the four (4) regular commissioners and shall be chaired by the executive officer REGIONAL APPELLATE BOARD -shall decide cases on appeal from decisions rendered by the Regional Director, Provincial Director, Chief of Police, the city or municipal mayor and the PLEB -there shall be at least one (1) regional appellate board per administrative region ADMINISTRATIVE PENALTIES 1. Withholding of privileges 2. Restriction to specified limits 3. Restrictive custody 4. Forfeiture of salary 5. Suspension 6. Any combination of the penalties above (1 to 5) 7. One (1) rank demotion 8. Dismissal from the service POLICE PLANNING PLANNING - The determination in advance of how the objectives of the organization will be attained; involves the determination of a course of action to take in performing a particular function or activity - a management function concerned with visualizing future situation, making estimates concerning them, identifying issues, needs and potential danger points, analyzing and evaluating the alternative ways and means of reaching desired goals according to a certain schedule, estimating the necessary funds and resources to do the work and initiating action in time to prepare what may be needed to cope with changing conditions and contingent events TYPES OF PLANS PROCEDURAL PLAN OR POLICY PLANS -deal with procedures that have been outlined and officially adopted by all members of the unit under specified circumstances -guidelines for actions to be taken. It includes all STANDARD OPERATING PROCEDURES (SOP) POLICY -general plan of action that serves as a guide in the operation of the organization or unit -codes of procedures STANDARD OPERATING PROCEDURES (SOP’s) 1. S.O.P # 1 – Police Beat Patrol Procedures 2. SOP # 2 – Bantay-Kalye 3. SOP # 3 – Siyasat 4. SOP # 4 – REACT 166 5. SOP # 5 – LIGTAS (anti-kidnapping) 6. SOP # 6 – Anti-Carnapping 7. SOP # 7 – Anti-Terrorism 8. SOP # 8 – Joint Anti-Bank Robbery Action Committee (JABRAC) 9. SOP # 9 – Anti-Hijacking or Highway Robbery 10. SOP # 10 – PAGLALANSAG or PAG-AAYOS (against Partisan Armed Groups of Loose Fire) 11. SOP # 11 – Manhunt Bravo (wanted persons) 12. SOP # 12 – Anti-Illegal Gambling 13. SOP # 13 – Anti-Squatting 14. SOP # 14 – JERICHO 15. SOP # 15 – NENA (Anti-Prostitution) 16. SOP # 16 – Anti-Pornography 17. SOP # 17 – Guidelines in the Conduct of Arrest, Search and Seizure 18. SOP # 18 – Schematic Diagram of SANDIGAN Master Plan 19. SOP # 19 – Anti-Illegal Logging 20. SOP # 20 – Anti-Illegal Fishing 21. SOP # 21 – Anti-Illegal Drugs EXAMPLES OF PROCEDURAL PLANS/POLICY PLANS FIELD PROCEDURES procedures intended to be used in all situations of all kinds shall be outlined as guide to officers and men in the field, such as: procedures that relate to reporting, to raids, arrests, stopping suspicious persons, receiving complaints, investigation, etc HEADQUARTERS PROCEDURES include the procedures to be followed in the headquarters, usually reflected in the duty manual. SPECIAL OPERATING PROCEDURES procedures intended for specific operations to ensure uniformity of action OPERATIONAL PLANS -often called work plan -the work program of the field units - describe specific actions to be taken -the work to be done is estimated, manpower and equipment is allocated, proper objectives are defined and methodof accomplishment are developed -statistical analysis is widely used OPERATIONAL PLANS (OPLANS) 1. OPLAN JUMBO – ASG Strategic Plan against Terrorism 2. OPLAN SALIKOP – CIDG Strategic Plan against Organized Crime Groups 3. OPLAN DISIPLINA – TMG regarding vehicles and motorists 4. OPLAN BANTAY DALAMPASIGAN – operation security measures and sea borne security patrols TACTICAL PLANS -plans that concern methods of action to be taken at a designated location and under specific circumstances -generally emergency type plans that can be put into effect on the sudden occurrence of a condition requiring their use -planning for emergencies of a specific nature at known locations -developed for specific situations as they arise -examples are: planning for major accidents; calamities or disasters; special events; hostage-taking situations, etc ADMINISTRATIVE or MANAGEMENT PLANS -those plans that relate to staffing, equipping, supplying and organizing -include the structuring of functions, authority and responsibilities, the allocation of resources, personnel management, budgeting and other concerns administrative in nature -examples are: assignment and training of personnel; recruitment; equipment and supply procedures, etc EXTRA-DEPARTMENTAL PLANS -those which require actions or assistance from persons or agencies outside of the department -involve coordination with other agencies -examples are: exchange of information on wanted persons, known drug syndicates, known organized crime groups, stolen vehicles, etc PNP MASTER PLANS 1. SANDIGAN-MILENYO – Anti-Criminality Master Plan 2. SANDUGO – master plan supporting the Internal Security Operations 3. BANAT – Anti-Illegal Drugs Master Plan 4. SANG-INGAT – Security Operations Master Plan 5. SAKLOLO – Disaster Management Master Plan 6. SANGYAMAN – Protection and Preservation of Environment, Cultural Properties and Natural