Law Enforcement Organization and Administration
Law Enforcement Organization and Administration
Police:
Police Administration – the process involved in ensuring strict compliance, proper obedience of
laws and related statutes focused on the policing process or how law enforcement agencies are
organized and managed in order to achieve the goals of law enforcement most effectively,
efficiently and productively.
Functions In A Police Organization
Functions that carry out the major purposes of the organization, delivering the services
and dealing directly with public.
Examples.
Patrolling
Traffic duties
Crime investigation
Auxiliary Functions
Functions that are responsible for the logistical operations of the organization.
Examples.
training;
communication;
maintenance;
records management;
supplies; and
equipment management
FUNCTIONAL UNITS - Functional divisions of the department are described in the following
terms:
Bureau – the largest organic functional unit within a large department. It comprises of
numbers of divisions.
Division – a primary subdivision of a bureau.
Section – functional unit within a division that is necessary for specialization.
Unit – functional group within a section; or the smallest functional group with in an
organization.
Terminologies
Sworn officers – All personnel of the police department who have oath and who posses power
to arrest .
Superior officer – one having supervisory responsibilities, either temporarily or permanently,
over officers of low rank.
Commanding officer – an officer who is in command of the department, a bureau, a division,
and area or district .
Ranking officer – the officer who has the more senior rank/higher rank in a team or group.
Length of Service - the period of time that has elapsed since the oath of office was
administered previous active services may be included or added.
On duty - the period when an officer is actively engaged in the performance of his duty.
Off duty - the nature of which the police officer is free from specific routine duty.
Special Duty - the police service, its nature, which requires that the officer be excused from the
performance of his active regular duty.
Leave of absence - period, which an officer is excused from active duty by any valid/acceptable
reason approved by higher authority.
Sick leave - period which an officer is excused from active duty by reason of illness or injury.
Suspension - a consequence of an act which temporarily deprives an officer from the privilege
of performing his duties as result of violating directives or other department regulations.
Department Rules - rules established by department directors/supervisors to control the
conduct of the members of the police force.
Duty Manual - describes the procedures and defined the duties of officers assigned to
specified post or position.
Order - an instruction given by a ranking officer to a subordinate, either general order, special
or personal
Report - Usually a written communication unless otherwise specifies to be verbal reports;
verbal reports should be confirmed by written communication.
THE POLICE ORGANIZATION AND ADMINISTRATION
To prevent crimes;
To safeguard Constitutional Rights;
To protect the people and their property from harm and violence ;
To identify criminals or law violators and apprehend them;
Provide public services especially on emergency basis.
ORGANIZATIONAL STRUCTURE
The line structure is the oldest, simplest and clearest form of organizational design.
(Military)
The authority flows from the top to the bottom of the organization in a clear and
unbroken line, creating a set of superior-subordinate relations in a hierarchy commonly
called chain of command
A primary emphasis is placed upon accountability by close adherence to the chain of
command.
It combines staff specialists for units with the line organization so that service of
knowledge can be provided line personnel by specialists such as the criminalists, the
training officer, the research and development specialists, the public relation officer, and
the intelligence specialists.
a combination of the line and functional kind
combines the flow of information from the line structure with the staff departments
that service, advise, and support them
generally more formal in nature and has many departments
The Philippine National Police follow the line and staff kind of organizational structure.
ORGANIZATIONAL CHART
the collective term for professionals who are dedicated to upholding and enforcing
the laws and statutes that are currently in force in a given jurisdiction.
Functional Principle – refers to division of work according to type, place, time and
specialization
Scalar Principle of particular personnel to particular tasks which are highly technical and
require special skills and training
– shows the vertical hierarchy of the organization which defines an unbroken chain of
units from top to bottom describing explicitly the flow of authority.
Unity of Command- dictates that there should only be ONE MAN commanding
the unit to ensure uniformity in the execution of orders
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 or facilitative capacity
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.
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.
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.
1) AUTHORITY
the right to exercise, to decide and to command by virtue of rank and position
2) MUTUAL COOPERATION
3) DOCTRINE
provides the various actions, hence, policies, procedures, rules and regulations of the
organization are based on the statement of doctrines
4) DISCIPLINE
DIVISION OF WORK
work specialization can increase efficiency with the same amount of effort
authority includes the right to command and the power to require obedience
DISCIPLINE
UNITY OF COMMAND
SCALAR CHAIN
the hierarchy of authority is the order of ranks from the highest to the lowest levels of
the organization
shows the vertical hierarchy of the organization which defines an unbroken chain of
units from top to bottom describing explicitly the flow of authority
MANAGEMENT OR ADMINISTRATIVE FUNCTIONS (POSDCRB)
1. PLANNING - refers to the determination in advance of how the objectives of the organization
will be attained. (Setting goals or objectives)
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. (Division of work/tasks)
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 objecti ves 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.
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.
policemen are regarded as servants of the community, who rely for the efficiency of
their functions upon the express needs of the people
policemen are civil servants whose key duty is the preservation of public peace and
security
B. CONTINENTAL THEORY
It exist in France, Italy and Spain- countries with a decentralized form of government
CONCEPTS OF POLICE
OLD CONCEPT
this philosophy advocates that the measurement of police competence is the increasing
number of arrests, throwing offenders in detention facilities rather than trying to
prevent them from committing crimes
MODERN CONCEPT
• regards police as the first line of defense of the criminal justice system, an organ of
crime prevention
• broadens police activities to cater to social services and has for its mission the welfare
of the individual as well as that of the community in general
A system of policing emerged during the Anglo-Saxon period whereby all male residents
were required to guard the town (tun) to preserve peace and protect the lives and
properties of the people.
Each tithing elected a leader who was known as the Tithingman. Since 10 tithings
amounted to 100, the leader of the 100 families was named the reeve.
Trial by Ordeal - A judicial practice where in the guilt or innocence of the accused is
determined by subjecting him to an unpleasant, usually dangerous, experience. The
word “ordeal” was derived from the Medieval Latin word “Dei Indicum” which means
“a miraculous decision.”
1. Shire-Reeve
“Shires” a division of (55) military areas in England under the Regime of France.
“Reeve” (the head-man) - the military leader (lieutenants of the army) who is in charge
of the Shires.
Two “Constabuli” or “The Keeper of the Horse” was appointed to each village to aid the
Rieve in his duties. It became the source of the word Constable.
“Shire-Reeve”- it is from the word “Sheriff” came. A person which absolute powers that
no one could questions his or her actions.
2. Travelling Judge - judge selected to hear cases which were formerly being judge by the
Shire-Rieve and task to travel through and hear criminal cases. This was the first instance of
the division of the police and judicial powers.
3. Leges Henrici - an act that was enacted during this period with the following features:
The police and the citizens have the broad power to arrest. It introduced the system
called “citizen’s arrest.”
4. Magna Carta- another law enacted upon the demand of the Knights of the Round Table
forcing the King to sign the same with the following features:
No person shall be tried for murder unless there is proof of the body of the victim.
5. Frankpledge System - A system of policing whereby a group of ten neighboring male
residents over twelve years of age were required to guard the town to preserve peace and
protect the lives and properties of the people
Statute of 1295 - the law that mark the beginning of the curfew hours, which demanded
the closing of the gates of London during sundown.
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.
Courts of the Star-Chamber (1487) - a special court designed to try 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.
The Merchant Police (1500) - Merchants began employing persons to protect their
property, banks employ guards and night watchmen were hired to watch business
establishments and private detectives were employed to locate and identify stolen
property.
The Parochial Police - Dividing the people of the cities into religious areas or parishes
and they bond together and employ their own police to protect them and their property.
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.
A citizen’s respect for law develops his respect for the police.
The police are the public and the public are the police.
Decentralized organization
The institution of police in the Philippines formally started during the Spanish period. The
establishment of the police force was not entirely intended for crime prevention or
peacekeeping, rather it was created as an extension of the colonial military establishment.
A. SPANISH PERIOD
Carabineros De Seguridad Publica- Organized in 1712 for the purpose of carrying the
regulations of the Department of State; this was armed and considered as the mounted
police.
Guadrilleros/Cuadrillo- This was a body of rural police organized in each town and
established by the Royal Decree of 18 January 1836; this decree provided that 5% of the
able-bodied male inhabitants of each province were to be enlisted in this police
organization for three years
Guardia Civil- This was created by a Royal Decree issued by the Crown on 12 February
1852 to partially relieve the Spanish Peninsular troops of their work in policing towns.
AMERICAN PERIOD
The Americans established the United States Philippine Commission headed by General
Howard Taft as its first governor-general. On January 9, 1901, the Metropolitan Police
Force of Manila was organized pursuant to Act No 70 of the Taft Commission. This has
become the basis for the celebration of the anniversary of the Manila’s Finest every
January 9th.
Act No 175 - entitled “An Act Providing for the Organization and Government of an
Insular Constabulary”, enacted on July 18, 1901
Capt. Henry Allen- the first chief of the Philippine Constabulary in 1901
Act No. 183 - created the Manila Police Department, enacted on July 31, 1901
Capt. George Curry- the first chief of police of the Manila Police Department in 1901
Act No 255 - The act that renamed the Insular Constabulary into Philippine Constabulary,
enacted on October 3, 1901
Executive Order 389- ordered that the Philippine Constabulary be one of the four
services of the Armed Forces of the Philippines, enacted on December 23, 1940
POST-AMERICAN PERIOD
PD 765- otherwise known as the Integration Act of 1975, enacted on August 8, 1975;
established the Integrated National Police (INP) composed of the Philippine
Constabulary (PC) as the nucleus and the integrated local police forces as components,
under the Ministry of National Defense transferred the NAPOLCOM from the Office of
the President to the Ministry of National Defense
Executive Order No 1012- transferred to the city and municipal government the
operational supervision and direction over all INP units assigned within their locality;
issued on July 10, 1985
Executive Order No 1040- transferred the administrative control and supervision of the
INP from the Ministry of National Defense to the National Police Commission
R.A. 157- created the National Bureau of Investigation, enacted June 19, 1947 and later
reorganized by R.A. 2678
RA 6975- otherwise known as the Department of the 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
RA 8551- otherwise known as the Philippine National Police Reform and Reorganization
Act of 1998, enacted on February 25, 1998; this law amended certain provisions of RA
6975
RA 9708- law amending the provisions of RA 6975 and RA 8551 on the minimum
educational qualification for appointment to the PNP and adjusting the promotion
system; approved on 12 August 2009
Brig Gen Rafael Crame - the first Filipino chief of the Philippine Constabulary in 1917
Col. Antonio Torres- the first Filipino chief of police of the Manila Police Department in
1935
Col. Lamberto Javalera- the first chief of police of the Manila Police Department after
the Philippine Independence from the United States of America in 1946
P/Dir Gen. Cesar Nazareno- the first chief of the Philippine National Police
Traditional Policy
Community Policy
- Police are the public and the public are the police.
RA 10973 – an act granting the Chief of the Philippine National Police (PNP) and the Director
and the Deputy Director for Administration of the Criminal Investigation and Detection Group
(CIDG) the authority to administer oath and to issue subpoena and subpoena duces tecum,
amending for the purpose Republic Act No. 6975, as amended, otherwise known as the
“Department of the Interior and Local Government Act of 1990”
consist of:
provincial governors
headed by the Secretary to be appointed by the President and who shall serve at the
pleasure of the President
the Secretary shall be assisted by two (2) Undersecretaries and three (3) Assistant
Secretaries
the Secretary is also the ex officio chairman of the National Police Commission
under RA 6975, the Armed Forces of the Philippines (AFP) was in charge with external
security while the DILG was in charge with internal securitya
under RA 8551, the Armed Forces of the Philippines is now in charge with both internal
and external security with the PNP as support through information gathering and
performance of ordinary police functions
shall exercise administrative control and operational supervision over the PNP
Composition:
consist of a Chairperson, four (4) regular Commissioners and the Chief of PNP as ex
officio member
shall serve a term of office of six (6) years without reappointment or extension
three of the four regular commissioners shall come from civilian sector and not former
members of the police or military
the fourth regular commissioner shall come from the law enforcement sector either
active or retired Provided, That an active member of a law enforcement agency shall be
considered resigned from said agency once appointed to the Commission
the Vice Chairperson shall act as the Executive Officer of the Commission
lawyers with at least five (5) years experience in handling criminal or human rights cases;
or
The members of the Commission may be removed from office for cause. All vacancies in
the Commission, except through expiration of term, shall be filled up for the unexpired
term only: Provided that any person who shall be appointed in this case shall be eligible
for regular appointment for another full term.
a law enforcement agency under the operational control of the Department of the
Interior and Local Government and administrative supervision of the National Police
Commission
“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
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;
Investigate 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 a period not beyond what is prescribed by 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 law;
Supervise and control the training and operations of security agencies and issue
licenses to operate security agencies and to security guards and private detectives, for
the purpose of their professions.
shall be headed by a Chief who shall be assisted by two (2) deputy chiefs:
the Chief PNP and the two (2) deputy chiefs shall be appointed by the President
no officer who is retirable within six (6) months shall be appointed Chief
the PNP shall be composed of a national office, regional offices, provincial offices,
district offices, and city or municipal stations
MANNING LEVELS
• Inspector Lieutenant
Note:
Cadets of the Philippine National Police Academy (PNPA) are classified above the Senior Police
Officer IV and below the Inspector rank in the PNP.
Chief- highest position in the PNP, with the rank of DIRECTOR GENERAL
police officers are employees of the national government and shall draw their salaries
from the national budget
they shall have the same salary grade level as that of public school teachers police
officers assigned in Metro Manila, chartered cities and first class municipalities may be
paid financial incentives by the local government unit concerned subject to availability of
funds
Must be eligible in accordance with the standards set by the Commission; Must have
passed the board examination given by the Profession Regulation Commission (PRC) or
the NAPOLCOM Police Entrance Examination
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 (1.62 m) in height for male and
one meter and fifty-seven (1.57 m) for female;
Must weigh not more or less than five kilograms (5kgs) from the standard weight
corresponding to his or her height, age and sex; and
For a new applicant, must not be less than twenty-one (21) nor more than thirty (30)
years of age
NOTE: Section 30 of R.A. 6975, as amended by section 14 of R.A. 8551, was further
amended by R.A. 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.”
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.
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.
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.
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 I meter and 52 cm
(1.52m): Provided, that the minimum height requirement for applicants who belong to
indigenous group duly certified by the National Commission on Muslim Filipinos
(NCMF), or the National Commission on lnrligenous Peoples (NCIP) shall be 1.52m for
male and 1.45m for female. Provided further, that the Commission shall require said
applicants to submit appropriate proof of their membership in a certain indigenous
group.
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.
Extensive experience or training in forensic science and other legal, medical and
technical services.
Applicants who possess the least disqualifications shall take precedence over
those who possess more disqualifications.
The requirement shall be waived in the following order: Age, Height, Weight
(AHW)
NOTE:
Appointment under a waiver program is temporary. PNP members who failed to comply
with the specific requirements shall be dismissed.
PNP members under the waiver program but is dismissed for failure to comply with the
requirements can RE-APPLY provided he now have the minimum requirements.
PO1 TO SPO4 – appointed by the Regional Director for regional personnel or by the
Chief, PNP for the national headquarters
SR. SUPT TO DDG – appointed by the President upon recommendation of the Chief, PNP,
subject to confirmation by the Commission on Appointments
DIRECTOR GENERAL – appointed by the President from among the senior officers down
to the rank of C/Supt, subject to the confirmation of the Commission on Appointments
KINDS OF APPOINTMENT
TEMPORARY – Any PNP personnel who is admitted due to the waiver of the educational
or weight requirements. Any member who will fail to satisfy any of the waived
requirements with the specified time periods shall be dismissed from the service.
INSPECTOR EXAMINATION
SUPERINTENDENT EXAMINATION
The appropriate eligibilities for PO1 are those acquired from the following:
LATERAL ENTRY
Inspector Rank:
Licensed Criminologist
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 land in the top ten shall be given first preference over the civilian
provided that the qualifications are satisfied.
PROMOTION
KINDS OF PROMOTION
Educational attainment
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):
(NAPOLCOM MC # 2013-501):
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.
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:
Infiltration and penetration of the safe houses and hideouts of organized crime
syndicates like kidnapping, illegal drugs, carnapping, hijacking and terrorism;
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.
PROMOTING AUTHORITIES:
Attrition- The downsizing of personnel in the PNP on the basis provided by law. A system
of force retirement or separation from the service.
Chief 4 years
-the national headquarters of the Philippine National Police, located in Quezon City
1. Chief, PNP
1. Maritime Group
2. Intelligence Group
-the PNP is divided into seventeen (17) police regional offices (PRO), each headed by a
Regional Director;
-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
2. Eastern Police District (EPD) – Marikina, Pasig, San Juan and Mandaluyong,
5. Southern Police District (SPD) – Pasay, Makati, Paranaque, Las Pinas, Muntinlupa,
Taguig and Pateros
PNP AFP
(Commissioned Officer)
Insignia RANK
Chief – highest position in the PNP, with the rank of Director General.
Deputy Chief for Administration – the second-in command, with the rank of Deputy
Director General.
Deputy Chief for Operations – the third-in-command, with the rank of Deputy Director
General
Chief of Police
STATUS OF THE MEMBERS OF THE PNP
-police officers are employees of the national government and shall draw their salaries
from the national budget .
-they shall have the same salary grade level as that of public school teachers, police
officers assigned in Metro Manila, chartered cities and first class municipalities may be
paid financial incentives by the local government unit concerned subject to availability of
funds.
The appropriate eligibilities for PO1 are those acquired from the following:
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.
It is issued to a PO1 after completion of the required PSBRC and the Field Training
Program (FTP). (NAPOLOCM M.C. # 2005-002).
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 (NAPOLCOM Memorandum Circular No. 2007-009).
- 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.
- there shall be at least one (1) PLEB for every five hundred (500) city or municipal
police personnel.
COMPOSITION OF PLEB
-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:
-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
-tasked to hear cases on appeal from the different disciplinary authorities in the PNP
-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
-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
3. Restrictive custody
4. Forfeiture of salary
5. Suspension