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MODULE 1

DEFINITION AND EVOLUTION OF POLICE

Learning Objectives:
At the end of the lesson, you should able to:
1. Discuss the evolution of Police;
2. Understand the different theories and concepts of Police Service;
3. Explain the basic terminologies in relation to Police Planning;
4. Differentiate the various units of a Police Organization; and
5. Identify the types of Police Organizational Structure.

1. Define Police

Police is the agency of a community or government that is responsible for


enforcing the law, maintaining public order and preventing and detecting crimes.
In ordinary communication, the word police can be used interchangeably
with law enforcement agency. Strictly speaking, however, it is not accurate to
interchange the terms police and law enforcement agency because the term law
enforcement agency is broader. It includes other agencies under the executive
branch of the government in charge with execution or enforcement of laws. As
for instance, the Bureau of Internal Revenue (BIR) enforces tax laws.

2. As a pillar of criminal justice system, what are the different police


activities?
The different police activities include the following: a. Prevention
of crime;
Prevention of crime is intended to prevent the root causes of crime.
b. Repression or suppression of crime;
Repression or suppression of crime is intended to reduce the
opportunity of committing a crime like the act of conducting patrol.
c. Apprehension of offenders;
Apprehending offenders is also known as arresting offenders.
d. Conduct search and seizures.
e. Investigation of crime; and
f. Protection of lives and property.
Take Note: In memorizing the different police activities, just do not forget
the acronym PRASIP. P stands for Prevention, R stands for Repression, A stands
for Apprehension, S stands for search, I stands for investigation, and P stands
for Protection.
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3. How did the term police evolve?

POLITIA POLITEIA

PULIS POLICE

Figure 1. Framework of Evolution of Police

The term police was derived from the Roman word politia which means the
conditional of a state, government, and administration. Politia originated from
the Greek word politeia which means a group of persons that governs a city. It
was the French who translated the word politia to police to refer to a law
enforcer.
The Filipinos further translated the term police in a way for it to be
compatible in the manner they pronounce and spell words so the word pulis came
out. Hence, policemen must know their jobs well so that the other term foolish
will not be introduced as a description of the members of the Philippines
National Police (PNP).
Take Note: The term police is not the same with policeman. Police refers to the
agency, while policeman refers to the person employment in that agency. The
former is a juridical person, while the latter is a natural person.

The preceding paragraph speaks of a juridical person and a natural person, what
is the distinction between the two?
A Juridical Person is a being of legal existence susceptible of rights and
legal obligations or a being subject of juridical relations. It refers to a
corporation, partnership, association, entity, and the like. A Natural Person,
on the other hand, refers to a human being.

4. What are the fundamental theories of police service?


The two fundamental theories of police service are the following:
a. Continental theory; and
Under the Continental Theory, policemen are considered as servant
of higher authorities and the people have little or no share at all in
their duties,nor have any direct connection with them. This prevails in
countries like France, Italy, and Spain where the government structure
follows the centralization pattern.

An example of a police force that adhered to Continental theory was


the Japanese Imperial Army called Kempeitai which was organized and
existed from 1881 to 1945. A member of it was called a Kempei. This
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imperial army was tasked to perform functions of the military police for
the imperial Japanese Navy under the direction of the Admiralty Minister.

b. Home Rule Theory.


Under the home Rule Theory, policemen are considered as servants of
the community, who depend on their effectiveness in performing their
functions. This is practiced in England and in the United State where the
government structure is decentralized.

Home Rule Theory is being


observed in the Philippines
because of the following:

a. Our police officers are always claiming that they are servants of the
community;
b. The community depends upon the effectiveness of our police officers;
and
c. The Philippines has local government structure instituted through a
system of decentralization.
What is the distinction between decentralized government and centralized
government?

In decentralized government, the decision making is delegated to the local


government, while in centralized government; the decision making is exercised
by the central government. In other words, in centralized form of government,
the authority of the local government is very limited, unlike in decentralized
form of government

5. What are the fundamental concepts concerning police service?


The fundamental concepts concerning police service are the following:
a. Old concept; and
Under the Old concept, the public look at policemen to be more
effective if they conduct numerous arrests and put behind bars what they
have arrested.
b. Modern concept
Under the Old Concept, the public look at policemen as more effective in
the absence of crime. Police functions are not limited to the act of arresting offenders
or to other matters dealing with offenders. Police functions at
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The Philippine National Police at


present is under the modern
concept. This is manifest in the
fact that our policemen are
calling themselves as public
servants.

\
present include public service
6. What are the basic terminologies in relation to police planning?
The basic terminologies in relation to police planning include the
following:
a. Authority;
Authority is the right to command and control a behavior
b. Delegation of Authority
Delegation of Authority is the act of a person, higher in authority,
conferring power, authority, duty, or responsibility to the lower
authority.
c. Manage;
To manage is to direct or conduct the affairs or interest of various
units.
d. Organizing;
Organizing is the act of systematically arranging different units in
hierarchical order in order to perform specific functions in achieving
desired objectives. e) Organization;
Organization is an association of human beings to attain a specific
goal or objective. f) Police accountability.
Police accountability is the inherent responsibility of a police
organization to be answerable for the misconducts committed by its members.
g) Police administration;
Police administration is an organizational process concerned with the
determination of the objectives and plans, and internal operating
efficiency of the police organization. h) Police function; and
Police functions refer to the duties and responsibilities carried out
by police agencies concerning public order and public safety.
i) Police management;
Police management is the act of administering, controlling, or handling
various aspects of police organization.
j) Police organization;
Police organization is a number of police units systematically
arranged for some purpose or objective. k) Police power;
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Police power is the inherent power of the government to impose


reasonable restrictions on the liberties of its citizens for the maintenance
of public order and safety.

VARIOUS UNITS OF A POLICE ORGANIZATION

a. Functional Units (given the acronym of BuDiSeU)


• Bureau is the largest organic functional unit within a large
department
• Division is a primary subdivision of a bureau
• Section is a unit within a division that is necessary for
specialization
• Unit is the functional group within a section. It is the smallest
functional group within an organization

b. Line Units refers to the personnel who directly interact with the public.

c. Geographical or Territorial Units


• Post is the fixed point or location to which an officer is assigned
for duty.
• Route is a line of streets designated for patrol purposes. It is also
known as LINE BEAT

• Beat is an area assigned for patrol purposes, whether by foot or by


vehicle

• Sector is an area containing two or more beats, routes or posts


• District is a geographical subdivision of a city for patrol purposes,
usually within its own station.
• Area is a territorial division of a large city each comprised of
designated districts.

TYPES OF POLICE ORGANIZATION STRUCTURE

a. Line Type Police Organization


It is a straight line organization which is often called the
individual, military and departmental type of organization. It is the
simplest and clearest form of police organization.
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Figure 1. Sample of Line Type Police Organization

b. Line and Staff Police Organization


It combines line units and staff units so that services of personnel
performing special functions can be provided to police officers performing
line functions.

Figure 2. Sample of Line and Staff Police Organization

c. Functional Type Police Organization


It is that where personnel have to serve several heads.
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ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.


Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
COLLEGE OF CRIMINAL JUSTICE EDUCATION

APPENDIX A: Module 1 Practical Exercises

NAME: ___________________________ RATING:________________


SECTION: ________________________ DATE:__________________

INSTRUCTION. Answer the following questions briefly. Utilization of additional


sheet of paper if necessary is permissible. (10 pts. Each)

1. Discuss and summarize the evolution of police, past to present.


________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

2. Differentiate the Continental Theory and Home Rule Theory.


________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

3. Differentiate the Old Concept and Modern Concept.


________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

4. Discuss the importance of basic terminologies of police planning.


________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

5. Discuss the various units of police organization and cite some examples.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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MODULE 2

POLICE MANAGER’S MAIN ADMINISTRATIVE FUNCTIONS

Learning Objectives:
At the end of the lesson, you should able to:
1. Distinguish the police manager’s main administrative functions;
2. Understand the different principles in police management; and
3. Summarize the different significant developments in the history of
police during Anglo-Saxon Period and Norman Period.

a. Planning
It is the process of selecting goals and determining how to achieve
them. It includes the act of selecting missions and objectives. It
requires decision making. Decision Making is the act of choosing from
among the alternative courses of action

b. Organizing
It is the process of making an organization for with its objectives,
resources and environment.

c. Directing
It is the process of giving orders, commands, directives or
instructions to personnel in order to rule or guide them in accomplishing
the goals or objectives of an organization

d. Staffing
It is the act of placing personnel to the positions in the
organizational structure considering their qualifications.
The following are different staffing activities: (given the acronym
of RSATD:
• Recruitment refers to the set of activities and processes used to
legally obtain a sufficient number of right people for specific
positions
• Selection is the process of choosing from among the candidates the
most suitable person for the current
position or for future position

What is the Next – in – Rank – Rule in relation to selection?

The Next – in – Rank – Rule states that that the appointing


authority must prioritize the selection of next in rank in filling
up a vacant position. This is rule is not, however, absolute. The
appointing authority may still appoint any other person aside from
the next in rank provided he must state the reason of not complying
with said rule.
• Appraisal is the process of measuring performance.
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In the PNP, it is also known as


PERFORMANCE EVALUATION
SYSTEM. It was conducted once,
every 6 months or twice a year

Training is the act of improving the ability required


in the current job
Development is the act of improving the ability required in the future
job

e. Coordinating
It is the manner of integrating the different elements within and
outside of an organization into a harmonious relationship

f. Recording
It is the system of classifying and compiling written communications
going inside and going outside of an organization

g. Budgeting
It is the management of income and expenditures within the
organization

PRINCIPLES IN POLICE MANAGEMENT

a. Unity of objectives
In the Unity of Objectives, the members of a police organization
must be motivated by a common thing in accomplishing a common mission
b. Scalar Principle
In the Scalar Principle, a vertical hierarchy of organization is
required. The unbroken chain of command from top to bottom must be observed
c. Unity of Command
In the Unity of Command, a set of police officers should be under
the control of only one superior police officer
d. Span of Control
In the Span of Control, a superior must manage a number of persons
that he can effectively control
e. Delegation of Authority
In the Delegation of Authority, a superior may delegate some of his
duties to his subordinates for it is impossible for him to perform all
the duties that he is required to perform.
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Take Note: In signing a document in behalf of a superior, an agent is not


liable provided he acted within the authority given, he made an indication
that he signed as an agent and he must disclosed the name of his superior
(principal)
f. Line and Staff Principle
In the Line & Staff Principle, various functions are arranged into
a workable pattern. This principles state that Operational Units are
responsible for the direct accomplishment of the objectives, while
Administrative Units (Support) are responsible for the support functions
to facilitate the capacity of the operational units.

HISTORY OF POLICE

The development of police in England was divided according to time and they
were as follows:
1. Anglo-saxon Period (years 6000- 1066)
2. Norman Period (years 1066 – 1284)
3. Westminster Period (years 1285 – 1500) and
4. Modern Period (17th – 19th Century)

SIGNIFICANT DEVELOPMENTS DURING ANGLO-SAXON PERIOD

During the Anglo – saxon period in England, the practiced policing systems,
compared with the present Philippine policing system, are the following:

a. Thanes Policing System


King Alfred the Great introduced a type
of internal police force whereby landowners
(known as Thanes) throughout his kingdom were
responsible to police their own territory. As
such, the landowners are empowered to arrest
offenders and deliver them to the King. They
were also empowered to settle civil litigations

Take Note: The Thanes Policing System is not Fig.1. King Alfred the Great
being followed at present in the Philippines
because landowners are not empowered to settle civil litigations. They
may however conduct arrest under any of the circumstances of warrantless
arrest under Section 5, Rule of Court

b. Frankpledge Policing System


The Frankpledge Policing System was carried out under a system
called Frankpledge or Mutual Pledge whereby every male over 12 years old
joined 9 of his neighbors to form TYTHINGMEN. Said tythingmen performed
police works. Anyone who failed to join and perform this duty was severely
fined

Take Note: Frankpledge Policing System is not being followed at present


in the Philippines because a person may become a policeman only if he
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reaches the age of 21 and not all male residents are required to do police
works

c. Tun Policing System


The Tun Policing System required all male residents to guard the
town to preserve peace and order, protect the life and property of the
people and suppress other factors affecting peace and order. Tun was the
forerunner of the word “town”.

Take Note: Tun Policing System is not being followed at present because
not all male residents are required to do police works

d. Hue And Cry Policing System


The Hue and Cry Policing System was carried out by a victim of a
crime to shout for help at the middle of the community. Once heard by
male residents, they automatically assemble to apprehend the perpetrator

Take Note: The Hue and Cry Policing System is not being followed at
present because our sense of obligation to assemble and arrest the
perpetrator, even if we are capacitated to do so, already deteriorated

e. Royal Judge
The Royal Judge conducts criminal investigation and gives
appropriate punishment for the crime committed

Take Note: At present in the Philippines, the Royal Judge is not being
followed because our judges do not conduct criminal investigations; they
only conduct trial to determine whether the accused is guilty or not and
impose the proper penalty in case of conviction

f. Trial By Ordeal
The Trial by Ordeal requires a suspect to put his hands over boiling
water or is required to perform any other act which may hurt him. If he
was hurt, the society considered him guilty; otherwise, he was not
considered guilty. This was in accordance with the belief by the people
before that God will protect the innocent one from being hurt.

Take Note: At present, the Trial by Ordeal is not being followed because
we are all know that anyone who puts his hands in boiling water will get
hurt, whether guilty or not of the crime charged.

SIGNIFICANT DEVELOPMENTS DURING NORMAN PERIOD IN ENGLAND During


Norman Period in England, the following policing systems were practiced:

a. Shire – Reeve System


P a g e | 12

The Shire – Reeve System was observed


during the time when King William Norman became
the ruler of England divided the kingdom into
55 military districts known as SHIRE – REEVE
where Shire was used to refer to a district and
Reeve was used to refer to the ruler of that
district. Said ruler made laws, rendered
judgment and
imposed penalties Fig.2. King William Norman

Take Note: In the Philippines at present, no


single person is authorized to make laws, render judgment and impose
penalties at the same time. The act of making laws is within the exclusive
power of the legislative branch of the government and the act of rendering
judgment and imposing penalties is the exclusive power of the judiciary.

In United States and Great


Britain, Shire was still used to
refer to a Country

b. Court of the Tourn


The Court of the Tourn settles a range of cases, more often dealing
with petty offenses and civil matters. From the Court, 12 tythingmen were
selected to hear cases of serious in nature.

Take Note: It was from the Court of Tourn that the concept of the 12
member jury of today originated. A jury is a body of persons temporary
selected from the citizens of a particular district and invested with the
power to present or indict a person for a public offense, or to try a
question of fact. In the Philippines at present, this jury system is not
being followed because it is only the judge who conducts trial and renders
judgment after trial.

c. Court Leet
To handle local legal matters in some, but all, communities, the
Normans established the “Court Leet”, which looked after matters of purely
local interests and petty village nuisances. The head of the Court Leet
was the “Comes Stable”, which means “Master of the House”. The Comes
Stable was also appointed by the King to be responsible in keeping peace
and order in a specific area. After a period of time, “Comes Stable became
“Constable” which refer to members of the police force

Take Note: In the Philippines, all offenses for which the law prescribes
a maximum penalty of imprisonment not exceeding 1 year or a fine of not
over P5,000.00 are subject to barangay conciliation and prior recourse
thereto is a pre-condition before filing a complaint in court or in any
government office.
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d. Leges Henry
The Leges Henry was passed during the time of King
Henry I and its features, together with their comparison
with the Philippine Policing System at present, were the
following:
• The law violations were classified as offenses
against the King;
Take Note: At present, the crimes in the Fig.3. King Henry I
Philippines are considered as assault against the
State so the title of criminal cases goes this way: PEOPLE OF
THE PHILIPPINES VERSUS (THE NAME OF THE ACCUSED)

• The policemen were classified as public officials and


Take Note: The Criminal Law of the Philippines at present
considers our policemen as public officials.
E.g. If a public officer is assaulted on occasion or by reason
of his function, the crime committed is
Direct Assault

The policemen and citizens were given the power to conduct arrest.
Take Note: In Philippine setting, every citizen (policemen or
not) is given the power to conduct arrest under any of the
following instances:
1. When in the presence of the arresting person, the person
to be arrested has committed, is actually committing or is
attempting to commit and offense;
2. When an offense has just been committed and the arresting
officer/person has probable cause to believe based on
personal knowledge of facts and circumstances that the
person to be arrested committed it and
3. When the person to be arrested person is a prisoner who
has escaped from a penal establishment or place where he
is serving final judgment or is temporarily confined while
his case is pending, or has escaped while being transferred
from one confinement to another.

(In summary, all enumerated features of Leges Henry were incorporated in the
legal system and they are being observed in the Philippine at present)

e. Keepers of Peace
The Keepers of Peace was a proclamation issued by King Richard of
England in 1195 requiring the appointment of knights to maintain peace
and order at the place where the king is residing.

Take Note: At present in the Philippine setting, the President is guarded


by a special unit called Presidential Security Group (PSG).
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In Laoag City, Philippines,


there is also group of
uniformed personnel also known
as PSG (Provincial Security
Group)

f. Magna Carta (Great Charter)


The Magna Carta (Great Charter) was sealed
by King John of England on June 15, 1215. This
became a law upon the demand of the Knights of
the Round Table and it had the following
declarations:
• No freemen shall be taken or
imprisoned, disposed, outlawed or
bowed except by legal
judgment of his peers;
Take Note: In the Philippines, Fig.4.
King John of England no person shall
be deprived of his life, liberty or property without due process
of law (Sec. 1, Art. 3 of Philippine Constitution)

• No person should be tried for murder unless there is proof of


the body of the victim and
Take Note: In the Philippines, the body of the victim may be the
best evidence to prove that a crime of murder was committed but
however, still be proved by any other evidence aside from the
body of the victim.
• There should be national and local governments as well as the
national and local legislations.
Take Note: The territorial and political subdivisions of the
Republic of the Philippines are the provinces, cities,
municipalities and barangays
P a g e | 15

ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.


Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
COLLEGE OF CRIMINAL JUSTICE EDUCATION

APPENDIX B: Module 2 Practical Exercises

NAME: ___________________________ RATING:________________


SECTION: ________________________ DATE:__________________

INSTRUCTION. Answer the following questions briefly. Utilization of additional


sheet of paper if necessary is permissible. (10 pts. Each)

1. What is the importance of different police manager’s administrative


functions in relation to the performance of PNP?
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

2. What are the important matters that must be considered in planning?


_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

3. Enumerate and explain at least 3 significant developments during the Anglo


– Saxon Period in England and differentiate them with the present
Philippine policing system.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

4. Enumerate and explain at least 3 significant developments during the


Norman Period in England and differentiate them with the present
Philippine policing system.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
P a g e | 16

MODULE 3

SIGNIFICANT DEVELOPMENTS DURING WESTMINSTER PERIOD IN ENGLAND

Learning Objectives:
At the end of the lesson, you should able to:
1. Summarize the different significant developments in the history of police
during Westminster Period and Modern Period in England; and
2. Identify the Philippine Setting during Spanish Occupation

a. Statute of Winchester (1285 – 1500)


The Statute of Winchester was enacted introducing the system of
Watch and Ward.

Take Note: In the Philippines, it depends upon the barangay, municipal or


city government to enact a system of watch and ward by means of an
ordinance. Once enacted, the barangay police patrol especially at night.

NAPOLCOM issued a memorandum


circular prescribing guidelines and
proce dures governing the deputation
of barangay tanods as members of
POLICE AUXILIARY UNITS (PAU)

b. Statute of 1295
The Statute of 1295 introduced the closure of gates of London. This
started the observation of curfew hours.

Take Note: In Philippine setting, curfew is being imposed or not depending


upon an ordinance passed by the local government. Violation of curfew
hours, in most cases, is only committed by minors. Said violation is
considered as a Status Offense.

c. Justice of Peace and


Justice of Peace was the position given to respectable citizens.
These persons were given the right to conduct arrest and imprison
offenders

Take Note: In the Philippine setting, the persons given the right to
conduct arrest and imprison offenders are known as Police Officers. Under
the Rules of Court, however, the Police Officers are called Peace
Officers.
P a g e | 17

d. Star of Chamber of Court


The Star Chamber of Court was established as a special court to try
offenders against the State. It later on, however, became a both a court
of law to determine civil rights and a court of revenue to enrich treasury.

Take Note: In the Philippines at present, the courts that hear and try
criminal and civil cases arranged from highest to lowest are the
following:
• Supreme Court (SC);
• Court of Appeals (CA), Sandigan Bayan and Court of Appeals;
• Regional Trial Court (RTC) and
• Municipal Trial Court (MTC), Municipal Circuit Trial
Court (MCTC) and Metropolitan Trial Court (MeTC)

SIGNIFICANT DEVELOPMENTS DURING THE MODERN PERIOD IN ENGLAND

During the Modern Period in England, the following policing systems were
practiced:

a. King Charles II (1633)


King Charles II passed a law that provided for the
employment of Night Watchmen or Bellmen to be on duty
from sunset to sunrise. Night Watchmen or Bellmen were
known as Rattle Watch because they carried rattles while
on duty to inform the public of their
watchful presence

Fig.1. Charles II
b. Henry Fielding (1748)
Henry Fielding became the
chief magistrate at Bow Street in
London. He organized a group of men
known as Bow Street Runners (Thief
Catchers). He later formed the Bow
Street Horse Patrol whose duty was
to patrol the main roads thereby
securing travelers from highway
bandits.
Fig.2. Henry Fielding

c. William Pitt (1785)


In 1785, William Pitt presented a bill in the British Parliament
calling for the creation of a police force in London. This proposal met
with instant opposition. Pitt argued that this new force would be the
formal continuation of the mandate of the Bow Streets Runners. After
considerable opposition to the proposed police force for London and
charges that it would be used to strengthen the very centralist
authoritarian.
P a g e | 18

d. Sir Robert Peel (1829)


Sir Robert Peel introduced the
Metropolitan Act which was passe d by the
Parliament of England. The enactment of said
law led to the creation of the Metropolitan
Police Force of London , which was viewed as
the first world’s first or ganized uniformed
police force. This force was later on named
as the Scotland Yard.
Fig.3. Sir Robert Peel

Fig.4. Scotland Yard

Being the originator and the first head of such police organization, Sir
Robert Peel has earned the title “Father of Modern Policing System”. The
important plan of Sir Robert Peel was the separation of policing and judiciary.
Take Note: The said plan of Sir Robert Peel was adopted at present in the
Philippines. The criminal justice system of the Philippines is composed of the
Law Enforcement, the Prosecution, the Court, the Correction and the Community.
These pillars are separate and distinct from each other but they are
helping one another in the administration of justice.

SIGNIFICANT DEVELOPMENTS IN AMERICAN POLICE SYSTEM

The American Policing System followed the model in England. As for instance,
the New York, Boston and Philadelphia organized night watchmen which was similar
to the Bellmen created in London during the reign of King Charles II. These
night watchmen were also called Rattle Watch because they carried rattles while
on duty to inform the public of their watchful presence.
In the United States at present, the law enforcement officers who have taken
an oath to support the constitution of the United States and the laws of their
agency’s jurisdiction are known as Sworn Law Enforcement Officers. These
classified as follows:

a. State or Federal Special Agents or Inspectors


P a g e | 19

They perform their duties in different ways depending on size and type
of their organization. In most jurisdiction they are expected to exercise
authority when necessary whether on or off duty.
Most of them are assigned to special jurisdiction police agencies to
perform special geographic jurisdictions and enforcement responsibilities.
Public college and universities police forces, public school district police
and agencies serving transportation systems and facilities are examples of
special geographic jurisdiction police agencies. A smaller number of them,
on other hand, are investigators.

United States of America was


composed of 52 Federal States

b. State Police Officers


State Police Officers are sometimes called State Troopers or Highway
Patrol Officers. They are charged with arresting criminals and patrolling
highways to enforce motor vehicle laws and regulations. They often issue
traffic citations to motorists. At the scene of accidents, they may direct
traffic, give first aid and call for emergency equipment. They also write
reports used to determine the cause of accidents. They are frequently
called upon to provide comprehensive law enforcement services, especially
in rural areas or small towns.

c. Sheriffs and Deputy Sheriffs


Sheriffs are usually elected to their posts and perform duties
similar to those of a local or country police chief and they enforce the
law on the county level. Deputy Sheriffs often have law enforcement duties
similar to those of officers in police departments. Police and deputies
who provide security in city and county are sometimes called bailiffs.
Take Note: County is any of the major units of administrative or geographic
subdivisions of certain states in United States and Great Britain for
purposes of local government.

d. Detectives
Detectives are plainclothes investigators who gather facts and
collect evidence for criminal cases. They conduct interviews, examine
records, observe activities of suspects and participate in raids and
arrests.

e. Fish and Game Wardens


Fish and Game Wardens enforce fishing, hunting and boating laws.
They patrol hunting and fishing areas, conduct search and rescue
operations, investigate complaints and accidents and aid in prosecuting
court cases.
P a g e | 20

f. Federal Bureau of Investigation (FBI) Agents


FBI Agents are the government’s principal investigators,
responsible for investigating violations of more than 200 categories of
federal law and conducting sensitive national security investigations.
Agents may conduct surveillance, monitor court – authorized wiretaps,
examine business records, investigate white – collar crime or participate
in sensitive undercover assignments. The FBI investigates a wide range of
criminal activity, including organized crime, public corruption,
financial crime, bank robbery, kidnapping, terrorism, espionage, drug
trafficking and cybercrime.

John Edgar Hoover is the first


Director of FBI in 1924

g. Drug Enforcement Administration Agents


They enforce the laws and regulations relating to illegal drugs.

h. U.S. Marshalls and Deputy Marshalls


They protect the federal courts and ensure the effective operation
of the judicial system.

i. Bureau of Alcohol, Tobacco, Firearms and Explosive Agents


They enforce and investigative violations of federal firearms and
explosives laws, as well as federal alcohol and tobacco tax regulations

j. U.S. Border Patrol Agents


They protect more than 8,000 miles of international land and water
boundaries.

k. Immigration Inspectors
They conduct interview and examine people seeking entrance to United
States and its territories

l. Customs Inspectors
They enforce laws governing imports and exports by inspecting cargo,
baggage and articles worn or carried by people, vessels, vehicles, trains
and aircraft entering or leaving the United States

SIGNIFICANT DEVELOPMENTS IN PHILIPPINES DURING SPANISH OCCUPATION

a. Carabineros de Seguridad Publico (1712)


It was organized for the purposes of carrying out the regulations
of the State. In 1781, it was given the special commission as custodian
P a g e | 21

of the tobacco monopoly. It was later known as Cuerpo de Carabineros De


Seguridad Publica by virtue of Royal Decree of Decemeber 20, 1842.

b. Guardilleros
The Guardilleros was a body of rural police organization established
by Royal Decree of January 18, 1836. The Decree provided that 5% of the
able – bodied male inhabitants of each province were to be enlisted in
the police organization for 3 years tour of duty.

c. Guardia Civil
It was created by a royal decree issued by the Crown on February
12, 1852, to partially relieve the Spanish Peninsula Troops of their work
in policing towns. They are under the Governor or Alcalde and they had
bright and showy uniform, distinctively prominent insignia and rigidly
maintained military bearing
P a g e | 22

ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.


Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
COLLEGE OF CRIMINAL JUSTICE EDUCATION

APPENDIX C: Module 3 Practical Exercises

NAME: ___________________________ RATING:________________


SECTION: ________________________ DATE:__________________

INSTRUCTION. Answer the following questions briefly. Utilization of additional


sheet of paper if necessary is permissible. (10 pts. Each)

1. Enumerate and explain the different significant developments during the


Westminster Period in England and differentiate them with the present
Philippine policing system.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

2. Enumerate at least 3 personalities during the Modern Period in England


and give their contributions in police service.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________________________________________________

3. Enumerate at least 4 significant developments in American Police System


and explain their contribution in present.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________________________________________________

4. Enumerate and explain the different significant developments in


Philippine setting during the Spanish Occupation.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
P a g e | 23

MODULE 4

SIGNIFICANT DEVELOPMENTS IN PHILIPPINES DURING AND


AFTER AMERICAN OCCUPATION

Learning Objectives:
At the end of the lesson, you should able to:
1. Summarize the different significant developments in Philippine setting
during and after American occupation; and
2. Familiarize to the related laws concerning police service.

a. Insular Police Force (1890)


It was established on November 30, 1890 during the Philippine –
American War upon recommendation of the Philippine Commission to the
Secretary of War.

b. Insular Constabulary (1901)


It was created on July 18, 1901 by virtue of Act 175. This law was
entitled “An Act providing for the Organization and Government of an
Insular Constabulary and for the Inspection of Municipal Police.

c. Manila Police Department (1901)


The Manila Police Department was organized on July 31, 1901 by
virtue of Act 183. The first Chief of Police was Capt. George Curry, a
United States army officer appointed by the Taft Commission on August 7,
1901. Capt. Columbus Piatt, on other hand was the last American Chief of
Police of Manila Police Department.
When the Manila Police Department was taken over by Filipinos, the
first Filipino to head it was Col. Antonio Torres.

d. Philippine Constabulary (1901)


The Philippine Constabulary changed the Insular Constabulary by
virtue of Act 255. Brigade – General
Tureman Allen, an 1882 graduate of the United States Military Academy,
was the first chief of Philippine Constabulary. The first enlisted
personnel strength on December 15, 1901 under Brigade – General Allen was
2,500 in number. They were always outnumbered but won many victories where
they are inspired by the creed: “To be outnumbered, always; to be
outfought, never”. Aside from maintenance of peace and order, the members
of Philippine Constabulary during that time focused on the suppression of
rebellion.
In 1902, PC Chief Allen introduced the Mounted Constables as a part
of schemes against insurgents where horses from China were used to launch
the first polo sports in Manila. It became a popular entertainment during
that period and paved the way for the founding of the Polo Club in 1909.
It was also that time when Manila was known as the “Pearl of the Orient”,
with the Philippine Constabulary playing a significant role in reducing
crime rate; thus turning Manila into popular tourist destination.
When World War 1 broke out, most high ranking officers of the United
States Army were transferred to France so Filipino soldiers were given
the opportunity to run the Philippine Constabulary. Hence, in December
P a g e | 24

1917, a person by the name of Brigadier – General Rafael Crame served


with competence for PC Chief for 10 years, earning the respect of his men
and even the criminals he captured.

e. Revised Administrative Code (1917)


It stated that the Philippine Constabulary is a national police
institution for persevering peace, keeping order and enforcing the law.

f. Philippine Constitution (1935)


It provided that the government shall organize and maintain a
national police force to preserve public order and enforce the law.

g. Kempeitai (1942)
On January 2, 1942 in the advent of World War II, the first element
of Japanese Imperial Army called Kempeitai entered Manila. A member of
the corps was called Kempei.
Kempeitai literally meant “Military Police Corps”. It was organized
and existed from 1881 to 1945 to discharge not public service but to
perform functions of the military police for the Imperial Japanese Navy
under the direction of the Admiralty Minister.

h. Republic Act 157 (1947)


The National Bureau of Investigation was established on June 19,1947
by virtue of Republic Act 157.
The important provisions of Republic Act 157 include the following:
It provided the functions of National Bureau of Investigation
which are the following:
1. To undertake investigation of crimes and other offenses
against the laws of the Philippines, upon its own
initiative and as public interest may require;
2. To render assistance, whenever properly requested in the
investigation or detection of crimes and other offenses
3. To act as a national clearing house of criminal and other
information for the benefit and use of all prosecuting and
law enforcement entities of the Philippines,
identification records of all persons without criminal
convictions, records of identifying marks, characteristics
and ownership or possession of all firearms as well as of
test bullet fired therefrom;
4. To give technical aid to all prosecuting and law
enforcement officers and entities of the government as
well as the courts that may request its services;
5. To extend its services whenever properly requested in the
investigation of cases of administrative or civil nature
in which the government interested;
6. To undertake the instruction and training of a
representative number of city and municipal peace officers
at the request of their respective superiors along
effective methods of crime investigation and detection in
order to insure greater efficiency in the discharge of
their duties;
P a g e | 25

7. To establish and maintain an up to date scientific crime


laboratory and to conduct researches in furtherance of
scientific knowledge in criminal investigation and
8. To perform such other related functions as the Secretary
of Justice may assign from time to time.
• It provided a manner of appointing the head of the Bureau. Its head
is known as Director who shall be appointed by the President of the
Philippines with the consent of the Commission on Appointments of
the Congress of the Philippines (Sec. 2 of RA 157)
• It abolished the Division of Investigation of the Department of
Justice (Sec. 6 of RA 157)

National Bureau of
Investigation (NBI) is under
the Department ofJustice

i. Republic Act 4864 (1966)


RA 4864 otherwise known as the “Police Act of 1966” was enacted
on August 8,1966. It created a Police Commission under the Office of
the President of the Philippines. The Police Commission under this
law was composed of the following:
• Chairman
• 2 Regular Members and
The Chairman and 2 Regular Members of POLCOM were appointed
by the President with the consent of the Commission on Appointments
and who shall hold for a term of
7 years and may not be re-appointed
• 2 Ex – Officio Members
The Director of the National Bureau of Investigation and the
Chief of the Philippine Constabulary were the ex – officio members
of Police Commission.

j. Republic Act 6040 (1969)


RA 6040 amended certain sections of RA 2260 known as the “Civil
Service Act of 1969”
It empowered the Police Commission to give the appropriate
examination for officers and members of local police forces, with the
assistance of the Civil Service Commission.
This was perhaps the first move to professionalize the police force

k. Republic Act 6506 (1972)


Republic Act 6506 otherwise known as “An Act Creating the Board of
Examiners for Criminologists in the Philippines and for other Purposes”
was approved and took effect on July 1, 1972.
P a g e | 26

Republic Act 6506 was repealed by


Republic Act 11131 otherwise known
as “The Philippine Criminology
Profession Act of 2018”

l. Philippine Constitution (1973)


The 1973 Philippine Constitution mandated the following:
• That the State shall establish and maintain an integrated national
police force whose organization, administration and operation shall
be provided by law;
• That the armed forces of the Philippines shall include a citizen
army composed of all able – bodied citizens of the Philippines who
shall undergo military training as may be provided by law;
• That a regular force necessary for the security of the State shall
be kept and
• That the citizen army shall have corps of trained officers and men
in active duty status as may be necessary to train others, to serve
and to be prepared at all times.

Take Note: By virtue of the provision of the 1973 Constitution to establish and
maintain an Integrated National Police force whose organization, administration
and operation, shall be “provided by law”, several laws were enacted for this
purpose and they include Presidential Decrees 421, 482, 531, 585, 641 and 765.

m. Philippine Constitution (1987)


The 1987 Philippine Constitution provides in part that the State
shall establish and maintain one police force, which shall be national in
scope and civilian in character, to be administered and controlled by a
NAPOLCOM. The authority of the local executives over the police units in
their jurisdiction shall be provided by law (Sec. 6, Art. XVI of the 1987
Philippine Constitution)
The members of the Constitution Commission who called for the
creation of the police force to be national in scope and civilian in
character under the 1987 Constitution were Honorable Teodulo C. Natividad,
Blas F. Ople, Regalado E. Maambong and Rustico Delos Reyes.

What is the meaning of the phrase “national in scope?”


The phrase “national in scope” means that the PNP is under the
national government so it has the following consequences:
• The uniformed members of the PNP shall be considered employees of
the National Government and shall draw theirs salaries therefrom
P a g e | 27

• The different processes starting from recruitment until termination


of PNP members are governed by rules laid down by the national
government and
• The members of the PNP may be assigned to different parts of the
Philippines when needed, especially in the exercise of the Calling
– Out Power of the President

What is the meaning of the phrase “national in scope”?


The phrase “civilian in character” means that the PNP members are
not governed by military rules. The PNP is in charge of internal security
and it is the AFP that is in charged of external security. The PNP has no
rule in suppressing insurgency except in information gathering and in
performance of its ordinary police functions, support the Armed Forces of
the Philippines on matters involving suppression of insurgency.

n. Republic Act 6975 (1990)


Republic Act 6975 was approved on December 13, 1990 by the President
Corazon C. Aquino. It was recognized as the “DILG Act of 1990”. This law
established the PNP, a merger of the Integrated National Police and
Philippine Constabulary. It also created the National Police Commission
to administer and control the Philippine National Police. It further
enforced the policy that the PNP shall be national in scope and civilian
in character, in compliance with provisions of Section 6, Article XVI of
the Constitution
This was known as the implementing law of section 6, Article XVI of
the Constitution
Upon effectivity of Republic Act 6975, the PNP underwent a transitory
period wherein the National Police Commission and the Philippine
Constabulary – Integrated National Police ceased to exist and in lieu
thereof, a new police force which is the Philippine National Police was
established. On March 31, 1991, President Corazon C. Aquino appointed
General Cesare P. Nazareno as the first Director General of the PNP.
General Nazareno was succeeded by General Raul S. Imperial who was
appointed by President Fidel Ramos on August 28, 1992
Take Note: The principal authors of RA 6975 were Senator Ernesto Maceda,
Senator Aquilino Pimentel, Congressman Jose Cojuangco Jr. and Congressman
Rodrigo Gutang

s. Republic Act 8551 (1998)


Republic Act 8551 is the “PNP Reform and Reorganization Act of
1998”. It amended the provisions of RA 6975 concerning the PNP, which had
the main purpose of reforming and professionalization the PNP.

t. Republic Act 9263 (2004)


Republic Act 9263 is known as Bureau of Fire Protection (BFP) and
Bureau of Jail Management and Penology (BJMP) Professionalization Act of
2004. It revised some provisions of RA 6975 especially those pertaining
to BFP and BJMP
u. Republic Act 9708 (2009)
Republic Act 9708 is an Act Extending for 5 years the Reglementary
Period for Complying with the Minimum Educational Qualification for
Appointment to the PNP and adjusting the Promotion System Thereof.
Amending certain provisions of RA 6975 and RA 8551 and for other purposes
P a g e | 28

ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.


Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
COLLEGE OF CRIMINAL JUSTICE EDUCATION

APPENDIX D: Module 4 Practical Exercises

NAME: ___________________________ RATING:________________


SECTION: ________________________ DATE:__________________

INSTRUCTION. Answer the following questions briefly. Utilization of additional


sheet of paper if necessary is permissible. (10 pts. Each)

1. Enumerate and discuss at least 2 significant developments during and after


the American Occupation.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________________________________________________

2. Cite and explain at least 5 related laws during and after American
Occupation.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________________________________________________

3. Discuss the important provisions of Republic Act 6506 that repealed by


Republic Act 11131.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________________________________________________

4. Cite your own perception in the implementation of Republic Act 11131.


________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________________________________________________
P a g e | 29

MODULE 5

Learning Objectives:
At the end of the lesson, you should able to:
1. Understand the some important provisions of Republic Act 6975;
2. Differentiate rank classification of the Tri-Bureau and
3. Identify the organization of officers and different offices of Philippine
National Police

REPUBLIC ACT 6975

1. What is Republic Act 6975?


Republic Act 6975 is an act establishing the PNP under the re-
organized DILG and for other purposes. It is known as the “Department of
Interior and Local and Government Act of 1990”
It implemented the provisions of Sec. 6, Art. XVI of the 1987
Constitution.
Some provisions of RA 6975 dealing with PNP were amended by RA 8551
and those dealing with BJMP and BFP were amended by RA 9263

2. What were some important provisions of RA 6975 that were not amended by
RA 8551, RA 9263 and RA 9708?
The important provisions of Republic Act 6975 that were not amended
by Republic Act 8551, Republic Act 9708 and Republic Act 9263 include the
following:

a. THE POLICY OF THE STATE UNDER THE 1987 CONSTITUTION THAT THE PNP SHALL
BE NATIONAL IN SCOPE AND CIVILIAN IN CHARACTER
Take Note: This policy of the State cannot be changed by any law
because it is expressly stated under Section 6, Article XVI of the
Philippine Constitution, being the supreme law of the land

The Philippines has had a total


of six constitutions since the
Proclamation of Independence on
June 12, 1898.

b. THE ORGANIZATION OF THE DEPARTMENT OF INTERIOR AND LOCAL


GOVERNMEN (DILG)
The DILG shall consist of the Department Proper with the following
bureaus and offices
▪ National Police Commission
P a g e | 30

▪ Philippine National Police


▪ Bureau of Fire Protection
▪ Bureau of Jail Management and Penology
▪ Philippine Public Safety College
Take Note: The enumerated bureaus and offices were maintained but
their organization, functions and the qualifications of their
members were partially amended by RA 8551 and RA 9263.

c. THE RANK CLASSIFICATIONS OF MEMBERS OF PHILIPPINE NATIONAL POLICE


(PNP), BUREAU OF FIRE PROTECTION (BFP) AND BUREAU OF JAIL MANAGEMENT
AND PENOLOGY (BJMP)
The rank classifications of members of PNP and their
corresponding rank classifications in the military are the following:
Philippine National Police Armed Forces of the Philippines
(PNP) (AFP)
Police General (PGEN.) General (Gen.)
Police Lieutenant General Lieutenant General (Lt. Gen.)
(PLTGEN.)
Police Major General (PMGEN.) Major General (Maj. Gen.)
Police Brigadier General Brigade General (Brig. Gen.)
(PBGEN.)
Police Colonel (PCOL.) Colonel (Col.)
Police Lieutenant Colonel Lieutenant Colonel (Lt. Col.)
(PLTCOL.)
Police Major (PMAJ.) Major (Maj.)
Police Captain (PCPT.) Captain (Capt.)
Police Lieutenant (PLT.) Lieutenant (Lt.)
Police Executive Master Master Sergeant (MSgt.)
Sergeant (PEMS.)
Police Chief Master Sergeant (PCMS.) Technical Sergeant (TSgt.)

Police Senior Master Sergeant (PSMS.) Staff Sergeant (SSgt.)

Police Master Sergeant (PMSg.) Sergeant (Sgt.)


Police Staff Sergeant (PSSg.) Corporal (Cpl.)
Police Corporal (PCpl.) Private First Class (Pfc.)
Patrolman/Patrolwoman (Pat.) Private (Pvt.)

Take Note: Graduates of the Philippine National Police Academy shall be


automatically appointed to the initial rank of Inspector.
Cadets of PNPA, on other hand, have the rank of higher than Senior Police
Officer IV but not lower than Inspector. Some, however, call the cadets of PNPA
as Floating Inspectors.
P a g e | 31

Philippine National Police Academy


(PNPA) was established on August
26, 1977 by the virtue of Section
19, Presidential Decree 1184.

The rank classifications of members of PNP and their corresponding rank


classifications in the BFP AND BJMP are the following:
Philippine National Bureau of Fire Bureau of Jail
Police Protection Management & Penology
(PNP) (BFP) (BJMP)

Police General (PGEN.)


Police Lieutenant
General (PLTGEN.)
Police Major General Fire Director (FDIR.) Jail Director (JDIR.)
(PMGEN.)
Police Brigadier Fire Chief Jail Chief
General (PBGEN.) Superintendent Superintendent
(FCSUPT.) (JCSUPT.)

Police Colonel (PCOL.) Fire Senior Jail Senior


Superintendent Superintendent
(FSSUPT.) (JSSUPT.)

Police Lieutenant Fire Superintendent Jail Superintendent


Colonel (PLTCOL.) (FSUPT.) (JSUPT.)
Police Major (PMAJ.) Fire Chief Inspector Jail Chief Inspector
(FCINSP.) (JCINSP.)
Police Captain (PCPT.) Fire Senior Inspector Jail Senior Inspector
(FSRINSP.) (FSRINSP.)
Police Lieutenant Fire Inspector Jail Inspector
(PLT.) (FINSP.) (JINSP.)
Police Executive Senior Fire Officer IV Senior Jail Officer IV
Master Sergeant (SFO4) (SJO4)
(PEMS.)

Police Chief Master Senior Fire Officer Senior Jail Officer


Sergeant (PCMS.) III (SFO3) III (SJO3)
Police Senior Master Senior Fire Officer II Senior Jail Officer II
Sergeant (PSMS.) (SFO2) (SJO2)
P a g e | 32

Police Master Sergeant Senior Fire Officer I (SFO1) Senior Jail Officer I (SJO1)
(PMSg.)
Police Staff Sergeant Fire Officer III (FO3) Jail Officer III (FO3)
(PSSg.)
Police Corporal Fire Officer II (FO2) Jail Officer II (FO2)
(PCpl.)
Patrolman/Patrolwoman Fire Officer I (FO1) Jail Officer I (FO1)
(Pat.)

Fig. 1 New PNP Ranks; Commissioned Officers (RA 11200)


P a g e | 33

Fig. 2 New PNP Ranks; Non - Commissioned Officers (RA 11200)

d. THE POWERS AND FUNCTIONS OF THE PHILIPPINE NATIONAL POLICE

The powers and functions of the Philippine National Police (PNP)


are the following:
▪ To enforce all laws and ordinances relative to the production of
lives and properties;
▪ To maintain peace and order and take all necessary steps to ensure
public safety;
▪ To investigate and prevent crimes, effect the arrest of criminal
offenders, bring offenders to justice and assist in their
prosecution;
▪ To exercise the general powers to make arrest, search and seizure
in accordance with the Constitution and pertinent laws;
▪ To 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;
▪ To issue licenses for the possession of firearms and explosives in
accordance with law;
▪ To 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 practice of their
professions and
▪ To perform such other duties and exercise all other functions as
may be provided by law
Take Note: In addition, the PNP absorbed the office of the National
Action Committee on Anti – Hijacking (NACAH) of the DND, all the
functions of the present Philippine Air Force Security Command
(PAFSECOM), as well as the police functions of the Coast Guard.
P a g e | 34

In order to perform its powers and functions efficiently and


effectively, the PNP shall be provided with adequate land, sea and
air capabilities and all necessary material means of resources
What are other specific functions that must be performed by the PNP as directed
by the National Police Commission?
The other specific functions that must be performed by the PNP as directed by
the National Police Commission include the following:
1. To immediate undertake an all – out campaign to stop and eradicate jueteng
and other illegal gambling activities;
2. To undertake an intensified and unrelating campaign and operation against
carnapping;
3. To undertake an intensified and unrelating campaign and operation against
kidnapping;
4. To undertake an intensified and continuous campaign against illegal drugs
and
5. To conduct a relentless and all – out campaign against co – members of
PNP who are engaged in illegal activities especially those involved in
“kotong” or “hulidap” operations.

e. THE ORGANIZATION OF OFFICERS AND THE DIFFERENT OFFICES OF


THE PHILIIPINE NATIONAL POLICE (PNP)
The Philippine National Police (PNP) shall have the following
heads:
▪ The First Officer in Command is the PNP Chief with the rank of
Police General
The PNP Chief is appointed by the President from among the
senior officers down to the rank of Police Brigadier General,
subject to confirmation by the Commission on Appointments to serve
a term of office not to exceed four years. However, in times of war
or other national emergency declared by Congress, the President may
extend such term of office.
He shall be in charge with command and direction of the PNP.
In particular, he has the following powers and functions:
1. To direct and control tactical as well as strategic movements,
deployment, placement, utilization of the PNP or any of its units
and personnel, including its equipment, facilities and other
resources.
Such command and direction may be delegated to subordinate
officials with respect to the units under their respective
commands, in accordance with rules and regulation prescribed by
the NAPOLCOM.
In the exercise of this power, the NAPOLCOM issued a
memorandum circular starting that the power of the PNP Chief to
re – assign, transfer, or relieve PNP personnel is not a
disciplinary action which would require prior investigation and
observance of due process. In other words, the power of the PNP
Chief to re – assign, transfer or relieve PNP personnel is his
own discretion which cannot be questioned.
2. To issue detailed implementing policies and instructions
regarding personnel, funds, properties, records, correspondence
and such other matters as may be necessary to effectivity carry
out the functions, powers and duties of the Bureau.
P a g e | 35

One of the acts already accomplished by a PNP Chief in


furtherance of this power was the direction of the former PNP
Chief Raul Bacalzo prescribing some guidelines on the
provisional utilization of social networking sites in support
to the PNP mission. Said guidelines provide in part that PNP
members may be allowed to create personal accounts to the
social networking sites, provided that no official
information relating to PNP shall be posted.
▪ The Second Officer in Command is the Deputy Chief of the PNP
Administration with the rank of Police Lieutenant General
▪ The Third Officer in Command is the Deputy Chief of the PNP for
Operation with the rank of Police Lieutenant General.

In National Office of the PNP, the following offices shall be


maintained;
1. The office of the Directorial Staff to be headed by the Chief of the
Directorial Staff of the PNP who shall have
the rank of Police Brigadier General;
The Directorial Staff are the following:
a. Directorate for Personnel and Records Management
b. Directorate for Intelligence
c. Directorate for Operations
d. Directorate for Integrated Police Operations
e. Directorate for Logistics
f. Directorate for Plans
g. Directorate for Comptrollership
h. Directorate for Police Community Relations
i. Directorate for Investigation and Detective Management
j. Directorate for Human Resource and Doctrines
Development
k. Directorate for Research and Development
l. Directorate for Information and Communication Technology
Development
2. The office of various staff divisions in the Directorial Staff to be
headed by Directors of the Directorial Staff of their respective
functional divisions who shall have the rank of Police Major General
3. The office of Inspectorate Division to be headed by Inspector General who
shall have the rank of Police Brigadier General
4. The office of Administrative and Operational Support Units to be headed
by an officer who shall have the rank of Police Major General.
The Administrative Support Units are the following:
a. Training Service
b. Engineering Service
c. Headquarters Support Service
d. Legal Service
e. Chaplain Service
P a g e | 36

f. Logistics Support Service


g. Information Technology Management Service
h. Finance Service
i. Health Service and
j. Communications and Electronic Service

The Operational Support Units are the following:


a. Aviation Security Group
b. Highway Patrol Group
c. Police – Community Relations Group
d. Civil Security Group
e. Civil Security Group
f. Crime Laboratory
g. Special Action Force
h. Criminal Investigation and Detection Group
i. Police Security and Protection Group
j. Intelligence Group and
k. Maritime Group

Aside from the offices stated above, the following offices are also
being maintained by the PNP:
1. The National Capital region which may be divided into 2 separate
regions;
The head of each division shall have the rank of Police
Brigadier General who shall have assume the position of District
Director
2. The Regional offices including the Autonomous
Regions of the Cordilleras and Muslim Mindanao
Each of the regional offices shall be headed by a Regional
Director with a rank of Police Brigadier General
3. Each of the provincial offices is headed by a
Provincial Director with a rank of Police Colonel
In the case of large provinces, police districts may be
established by the Commission to be headed by a District Director
4. Each of the city or municipal offices is headed by a Chief of
Police with a rank of Police Major

How many Star Generals are there in the PNP in one occasion? There are ninety
– seven (97) Star Generals in the
Philippine National Police in one occasion.
P a g e | 37

They distributed as follows;

RANK NUMBER
Police General One (1)
Police Lieutenant General Three (3)
Police Major General
a. Line Officers Eleven (11)
One (1)
b. Internal Affairs Service (IAS)

Police Brigadier General


a. Line Officers Sixty – nine (69)
Six (6)
b. Technical Service Officers Six (6)
c. Internal Affairs Service
Total: Ninety – seven (97)

What is the distinction between Line Officers and Technical


Service Officers?
Line Officers are those mandated to perform essential and purely police
functions such a law enforcement, crime prevention and investigation,
intelligence, internal security operations and other related administrative
works.
Technical Service Officers, on other hand, are those recruited by virtue
of their special technical skills and competencies, such as medical officers,
dentists, nurse, lawyers, criminologist, etc.
Take Note: officers who will subsequently possess or acquire special technical
skills and competencies but originally commissioned in the regular corps of
officers shall still be considered as Line Officers.
P a g e | 38

ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.


Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
COLLEGE OF CRIMINAL JUSTICE EDUCATION

APPENDIX E: Module 5 Practical Exercises

NAME: ___________________________ RATING:________________


SECTION: ________________________ DATE:__________________

INSTRUCTION. Answer the following questions briefly. Utilization of additional


sheet of paper if necessary is permissible. (10 pts. Each)

1. Enumerate at least 5 Directorial Staff and give their specific powers and
functions.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

2. Give the names of all current PNP Regional Directors with their respective
rank.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

3. Differentiate the Line Officers to Technical Service


Officers
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
P a g e | 39

MODULE 6

Learning Objectives:
At the end of the lesson, you should able to:
1. Understand the manner of Appointment of the PNP;
2. Identify the composition and functions of Philippine Public Safety
College and NAPOLCOM; and
3. Distinguish the power and functions of Bureau of Fire Protection and
Bureau of Jail Management and Penology.

MANNER OF APPOINTMENT OR PROMOTION OF THE OFFICERS AND MEMBERS OF THE


PHILIPPINE NATIONAL POLICE

The manner of appointment or promotion of the officers and members of the PNP
shall be effect in the following manner:
▪ Patrolman/Patrolwoman to Police Executive Master Sergeant is
appointed/promoted by the PNP Regional Director for Regional Personnel
or by the PNP Chief for the National Headquarters, subject to endorsement
by the NAPOLCOM and attestation by the Civil Service Commission.
▪ Police Lieutenant to Police Lieutenant Colonel is appointed/promoted by
the PNP Chief as recommended by their immediate superiors, subject to
endorsement by the NAPOLCOM en banc and attestation by the Civil Service
Commission. Take Note: The PNP is prohibited from issuing special orders
for appointment and promotion before the attestation thereof by the
Civil Service Commission and that any special order issued in connection
therewith must conform with the effectivity dates of such appointments
or promotions.
It must be stressed further that the Philippine National Police is
authorized to issue orders of promotion of its personnel up to rank of
Police Lieutenant Colonel prior to the review, confirmation and/or
endorsement by NAPOLCOM.
▪ Police Colonel to Police Lieutenant General is appointed by the President
upon recommendation of the PNP Chief and NAPOLCOM en banc, with proper
endorsement by the Chairman of the Civil Service Commission and subject
to confirmation by the Commission on Appointment
▪ Police General is appointed by President from among the senior officers
down to the rank of Police Brigadier General in the service, on
recommendation or endorsement of the NAPOLCOM en banc and subject to
confirmation by the Commission on Appointments.
Take Note: “En Banc” means in the presence of all members of the
Commission. Hence, “endorsement of the NAPOLCOM en banc” means that it
was endorsed by the Chairman, the 1 ex officio member and the 4 regular
members of the Commission.

PHILIPPINE PUBLIC SAFETY COLLEGE (PPSC)

It is the premier educational institution for the training,


human resource development and continuing education of all
personnel of the PNP, BFP and BJMP
Fig. 1 PPSC Logo
P a g e | 40

COMPOSITION AND FUNCTIONS OF PHILIPPINE PUBLIC SAFETY COLLEGE

The PPSC is under the supervision of a Board of Trustees composed of the


Secretary of DILG and the 3 bureaus heads.
It shall consist of the Philippine National Police Academy (PNPA), the
Fire Service Training Center, the Philippine National Training Center (PNTC),
the National Police College and the other special training centers as may be
created by DILG. The functions of PPSC shall be as follows:
▪ Formulate and implement training programs for the personnel of the
Department;
▪ Establish and maintain adequate physical training facilities;
▪ Develop and implement research and development to support educational
training programs;
▪ Conduct an assessment of the training needs of all its clientele and
▪ Perform such other related functions as may be prescribed by the
Secretary of DILG

POWERS AND FUNCTIONS OF THE BUREAU OF FIRE PROTECTION

The BFP shall have the following powers and functions:


▪ Prevention and suppression of all destructive fires on
buildings, houses and other structures, forest, land
transportation vehicles and Fig. 2 BFP Logo equipment, ships or
vessels docked at piers or wharves or anchored in major
seaports, petroleum industry installations, plane crashes and other
similar incidents, as well as the enforcement of the Fire Code and related
laws; and
▪ Investigation of all caused of fires and, if necessary, files the proper
complaints with city or provincial prosecutor who has the jurisdiction
over the case.

Republic Act 9514 shall be


known as the “Fire Code
of the Philippines of 2018
P a g e | 41

POWERS AND FUNCTIONS OF THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY

The Bureau of Jail Management and Penology (BJMP) shall exercise


supervision and control over all city and municipal jails.
The City or Municipal Jails shall have custody
and safekeeping of city and municipal prisoners, any Fig. 2 BJMP Logo
fugitive of justice, or person detained awaiting investigation
or trial and/or transfer to the national penitentiary and/or violent mentally
ill person who endangers himself or the safety of others, duly certified as
such by the proper medical or health officer, pending the transfer to a medical
institution.

The Secretary of the Department of Interior and Local Government (DILG) is the
Chairman of the National Police Commission
The Secretary of the Department of Interior and Local Government (DILG) shall
be the ex officio chairman of the National Police Commission. He shall be
appointed by the President subject to confirmation of the Commission on
Appointments.
Take Note: The term ex officio means an accompanying office by virtue of a
position. Others say it is “automatic”

REPUBLIC ACT 8551


(First Part)

1. What is Republic Act 8551?


Republic Act 8551 is an act providing for the reform and
reorganization of the PNP and for other purposes, amending certain
provisions of Republic Act 6975. This act is known as the “Philippine
National Police Reform and Reorganization Act of 1998”. It was approved
on February 25, 1998.

2. What are the policies of the State that must be attained in


enacting Republic Act 8551?
The policies of the State that must be attained in enacting
Republic Act 8551 are the following:
a. To establish a highly efficient and competent police force which is
national in scope and civilian in character to be administered and
controlled by a national police commission;
b. The Philippine National Police (PNP) shall be a community and service
oriented agency responsible for the maintenance of peace and order
and public safety; and
c. The PNP shall be so organized to ensure accountability and uprightness
in police exercise of discretion as well as to achieve efficiency and
effectiveness of its members and units in the performance of their
functions.

3. In reorganizing the PNP, what are the criteria that must be


considered by the National Police Commission?
In reorganizing the PNP, the criteria that must be considered by
the National Police Commission are the following:
a. Increased police visibility through dispersal of personnel from the
headquarters to the field offices and by the appointment and
P a g e | 42

assignment of non – uniformed personnel to positions which are purely


administrative, technical, clerical or menial in nature and other
positions which are not actually and directly related to police
operation; and
b. Efficient and optimized delivery of police services to the
communities.
4. What is the role of the Department of Interior and Local Government
in suppressing insurgency and other threats to national security?
The Department of Interior and Local Government shall be relieved
of the primary responsibility on matters involving the suppression of
insurgency and other serious threats to national security. The Philippine
National Police shall, through information gathering and performance of
its ordinary police functions, support the Armed Forces of the Philippine
on matters involving suppression of insurgency, except in cases where
the President shall call on the PNP to support the AFP in combat
operations.
In times of national emergency, the PNP, the BFP and the BJMP
shall upon the direction of the President, assist the armed forces in
meeting the national emergency.

5. What is the basis of authorizing the President to call on the PNP


to support the AFP in combat operations?
The basis of authorizing the President to call on the PNP to
support the AFP in combat operations is the calling – out power of the
President. Under this power, the President shall be the Commander – in
– Chief of all armed forces of the Philippines and whenever it becomes
necessary, he may call out the Armed Forces to prevent or suppress
lawless violence, invasion or rebellion.

6. It is stated under Sec. 6, Art. XVI of the Constitution that the


PNP shall be administered and controlled by a national police
commission. What is the National Police Commission (NAPOLCOM)?
State its composition.
The NAPOLCOM refers to the collegial governing body composed of
the Secretary of the DILG as ex – officio Chairman and 4 regular
Commissioners and 1 ex – officio Commissioner, as Members, which
regularly meets en banc and decides through majority vote of all its
members in all matters involving vital policy issues in the exercises
of its administration and control functions over the PNP.
Take Note: “En banc” means in the presence of all members of the
Commission. Hence, a meeting en banc of the Commission refers to a
meeting attended by the Chairman, the 1 ex – officio member and 4 regular
members of the Commission.

Composition of the NAPOLCOM:


a. Chairperson;
The Secretary of the DILG shall be the ex- officio
Chairperson of the Commission.
b. 4 Regular Commissioners
c. Ex – officio Commissioner
The PNP Chief is the ex – officio Commissioner.
P a g e | 43

Who shall compose the 4 regular members of the Commission?


The following shall compose the 4 regular members of the
Commission:
a. The 3 of the 4 regular members shall come from the civilian sector
who are neither active nor former members of the police or military;
and
1 of the 3 regular members from the civilian sector shall be
designated as the Vice Chairperson by the President. The Vice
Chairperson shall act the Executive Officer of the Commission to
perform the following functions and responsibilities:
▪ Supervises, directs and coordinates the overall operations of
the Commission;
▪ Implements and/or executes the policies, directives, programs
and projects formulated and adopted by the Commission; and
▪ Prepares and submits periodic and other special reports of the
Commission.
b. The 4th regular commissioner shall come from the law enforcement sector
either active or retired. An active member of a law enforcement agency
shall be considered resigned from said agency once he is appointed
to the Commission.
Take Note: at least 1 of the Commissioners shall be a woman. It must
be stressed further that for the purpose of discussing the subject,
the terms NAPOLCOM and Commission refers to the National Police
Commission and the terms commissioners and members mean the same.
7. What are the qualifications of a regular member of the National
Police Commission?
The qualifications of a regular member of the Commission are the
following:
a. He or she is a citizen of the Philippines
b. A member of the Philippine Bar with at least 5 years’ experience
in handling criminal or human rights cases or a holder of a
master’s degree but preferably a doctorate degree in public
administration, sociology, criminology, criminal justice, law
enforcement and other related disciplines and
c. The regular member coming from the law enforcement sector
should have practical experience in law enforcement work for
at least 5 years while the 3 other regular commissioners must
have done extensive research works or projects on law
enforcement, criminology or criminal justice or members of a
duly registered non – government organization involved in the
promotion of peace and order.

8. What is the term of office of the regular members of the


Commission?
The 4 regular and full – time Commissioners shall be appointed by
the President for a term of 6 years without re – appointment or extension.
Upon the effectivity of RA 8551, the terms of office of the current
Commissioners are deemed expired which shall constitute a bar to their
reappointment or an extension of their terms in the Commission except
for current Commissioners who have served less than 2 years of their
P a g e | 44

terms of office who may be appointed by the President for maximum term
of 2 years.

9. What are the kinds of incapacity that may be suffered by the


Chairperson of the NAPOLCOM and who shall preside during said
incapacity?
The kinds of incapacity that may be suffered by the Chairperson
are the following:
a. Temporary; and
In case of absence due to the temporary incapacity of the
Chairperson like illness, the Vice Chairperson shall serve as
Chairperson until the Chairperson is present or regains capacity
to serve.
b. Permanent
In case of death, permanent incapacity, disqualification or
removal of the Chairperson, the Vice Chairperson shall also act
as such until a new Chairperson shall have been appointed by the
President and qualified

10. What are the units consisting the Commission?


The Commission shall consist of the following units:
a. Commission Proper;
The Commission Proper of the Commission is composed of the
offices of the Chairman and the 4 regular Commissioners.
b. Staff Services; and
The Staff Services of the Commission shall be as follows:
▪ The Planning and Research Service
▪ The Legal Affairs Service
▪ The Crime Prevention and Coordination Service
▪ The Personnel and Administrative Service
▪ The Inspection, Monitoring and Investigation Service
▪ The Installations and Logistics Service and
▪ The financial Service
c. Disciplinary Appellate Boards
The Commission shall establish formal administrative
disciplinary appellate machinery consisting of the National
Appellate Board (NAB) and the Regional Appellate Boards (RABs).

11. What is the composition and jurisdiction of the National Appellate


Board (NAB) and the Regional Appellate Boards (RABs)?

Composition and jurisdiction of the National Appellate Board

The National Appellate Board (NAB) is composed of the following:


a. Chairman; and
The Chairman of the National Appellate Board (NAB) is the
Chairman (Executive Officer) of the NAPOLCOM.
b. Members.
P a g e | 45

The members are the 3 other regular members of NAPOLCOM

Appellate jurisdiction of National Appellate Board (NAB):


The following are the appellate jurisdiction of National Appellate
Board (NAB):
a. Decisions of the Chief, PNP where the penalty imposed is
demotion or dismissal from service;
b. Disciplinary recommendation of the Inspector General, IAS that
were not acted upon by the Chief, PNP within 30 days from
submission by the Inspector General of Internal Affairs Service
(IAS) where the recommended penalty is demotion or dismissal;
and
c. Decision of Inspector General, affirming the resolution of the
Regional IAS dismissing the Complaint for lack of probable
cause.

Composition and jurisdiction of the Regional Appellate Board

The Regional Appellate Board (RAB) is composed of the following:


a. Chairman; and
The Chairman of the Regional Appellate Board (RAB) is the
Senior Officer of the NAPOLCOM Regional Office.
b. Members.
The members of the Regional Appellate Board (RAB) are the
following:
▪ 1 coming from the PNP who is designated by the PNP Regional
Director; and
▪ 1 coming from the Regional Peace and Order Council who is
appointed by the resolution of the council.
Take Note: The designation of both members shall be confirmed by
the Vice Chairperson (Executive Officer) of the NAPOLCOM and they
shall serve for 3 years from confirmation unless sooner revoked
by the designating authority.
It must be stressed further that the presence of the Chairperson
and any of its Member shall constitute a quorum and the RAB shall
deliberate on cases appealed to it at least once a month.

Appellate jurisdiction of Regional Appellate Board (RAB) The following are


the appellate jurisdiction of the
Regional Appellate Board (RAB):
a. Decisions of the People’s Law Enforcement Board (PLEB) where the penalty
imposed is demotion or dismissal from service;
b. Decisions of the PNP Regional Director or equivalent supervisors where
the penalty imposed is demotion or dismissal from service;
c. Decisions of City or Municipal Mayors in cases falling within their
respective jurisdiction; and
d. Disciplinary recommendations of Regional Internal Affairs Service (IAS)
which are not acted upon by the PNP Regional Director or equivalent
supervisors within 30 days from submission by Regional IAS where the
recommended penalty is demotion or dismissal from service
P a g e | 46

Take Note: “Equivalent supervisors” are PNP officers occupying


positions/designations equivalent to the Chief of Police, Provincial
Director and Regional Director who are vested with disciplinary
authority over personnel of their respective offices.

What agency shall be in charge with monitoring the performance,


accomplishment and/or activities of the NAPOLCOM Regional Appellate
Boards?

It is the Legal Affairs Service, in coordination with the office of


Regional Appellate Board (RAB) Coordinator in the Central Office, which
is tasked to assist the NAPOLCOM in monitoring the performance,
accomplishment, and/or activities of the NAPOLCOM Regional Appellate
Boards (RABs).
Take Note: The decisions of the National Appellate Board and Regional
Appellate Board may be appealed to the Secretary of Department of Interior
and Local Government (DILG).
Decisions of secretary of DILG in the exercise of his appellate
jurisdiction and decisions of the NAPOLCOM en banc as summary dismissal
authority may be appealed to the
Civil Service Commission (CSC)
P a g e | 47

ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.


Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
COLLEGE OF CRIMINAL JUSTICE EDUCATION

APPENDIX F: Module 6 Practical Exercises

NAME: ___________________________ RATING:________________


SECTION: ________________________ DATE:__________________

INSTRUCTION. Answer the following questions briefly. Utilization of additional


sheet of paper if necessary is permissible. (10 pts. Each)

1. Discuss the manner of appointment/promotion of noncommissioned officers


of PNP.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

2. Discuss the manner of appointment/promotion of commissioned officers of


PNP.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________

3. Differentiate the powers and functions of Tri-Bureau.


________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________
4. Explain the meaning of “ex officio” and cite some example.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________
P a g e | 48

MODULE 7

Learning Objectives:
At the end of the lesson, you should able to:
1. Understand the powers and functions of NAPOLCOM;
2. Identify the minimum qualifications in entering the Philippine
National Police (PNP); and
3. Familiarize the Waiver Program of the Philippine National Police (PNP)

POWERS AND FUNCTIONS OF NATIONAL POLICE COMMISSION (NAPOLCOM)

1. What are the powers and functions of the National Police Commission?
The Commission shall exercise the following powers and
functions:
a. Exercise administrative control and operational supervision over
the Philippine National Police which shall mean the power to:
▪ Develop policies and promulgate a police manual
prescribing rules and regulations for efficient
organization, administration and operation including
criteria for manpower allocation, distribution and
deployment, recruitment, selection, promotion and
retirement of personnel and the conduct of qualifying
entrance and promotional examinations for uniformed
members;
▪ Examine and audit, and thereafter establish the standards
for such purposes on a continuing basis, the performance,
activities and facilities of all police agencies
throughout the country; Establish a system of uniform
crime reporting;
▪ Conduct an annual self – report and compile statistical
data for the accurate assessment of the crime situation
and the proper evaluation of the efficiency and
effectiveness of all police units in the country;
▪ Approve or modify plans and programs on education and
training, logistical requirements, communications,
records, information systems, crime laboratory, crime
prevention and crime reporting;
▪ Affirm, reverse or modify, through the National Appellate
Board (NAB), personnel disciplinary actions involving
demotion or dismissal from the service imposed upon
members of the PNP by the Chief of PNP;
▪ Exercise appellate jurisdiction through the regional
appellate boards over administrative cases against
policemen and over decisions on claims for police
benefits;
▪ Prescribe minimum standards for arms, equipment and
uniforms and, after consultation with the Philippine
Heraldry Commission, for insignia of ranks, awards and
medals of honor. The standards of the uniformed personnel
P a g e | 49

of the PNP must be revised which should be clearly distinct


from the military and reflective of the civilian character
of the police;

A Philippine Heraldry
Commission was created by
President Manuel Quezon in
1940

▪ Issue subpoena and subpoena duces tecum in matters


pertaining to the discharge of its own powers and duties,
and designate who among its personnel can issue such
processes and administer oaths in connection therewith;
▪ Inspect and assess the compliance of the PNP on the
established criteria for manpower allocation,
distribution and deployment and their impact on the
community and the crime situation, and thereafter
formulate appropriate guidelines for maximization of
resources and effective
utilization of the PNP personnel;
▪ Monitor the performance of the local chief executives as
deputies of the Commission; and
▪ Monitor and investigate police anomalies and
irregularities.
b. Advise the President on all matters involving police functions
and admiration;
c. Render to the President and to the Congress an annual report on
its activities and accomplishments during the 30 days after the
end of the calendar year which shall include an appraisal of the
conditions obtaining in the organization and administration of
police agencies in the municipalities, cities and provinces
throughout the country and recommendations for appropriate
remedial legislation;
d. Recommend to the President, through the Secretary, within 60
days before the commencement of each calendar year, a crime
prevention program and
e. Perform such other functions necessary to carry out the
provisions of RA 8551 and as the President may direct.
2. What are the qualifications of a Regional Director of the PNP?
The qualifications of a Regional Director are the following:
a. He or she is a citizen of the Philippine and
P a g e | 50

b. A holder of a master’s degree and with appropriate civil service


eligibility

Police Brigadier General


Rhodel Sermonia is the
current PNP Regional
Director of Region 3

3. What are the qualifications of a Provincial Director of the PNP?


The qualifications of a Provincial Director are the following:
a. He or she holds a master’s degree in public administration,
sociology, criminology, criminal justice, law enforcement,
national security administration, defense studies, or other
related discipline from a recognized institution of learning;
and
b. Has satisfactorily passed the required training and career
courses necessary for the position as may be established by the
Commission.
Take Note: Any PNP personnel who is currently occupying the
position but lacks any of the qualifications mentioned above
shall be given 3 years upon the effectivity of RA 8551 to comply
with the requirements; otherwise he or she shall be relieved
from the position.
4. What are the qualifications of a Chief of a City Police Station?
The qualification of a chief of a city police station is any of
the following:
a. He or she is a graduate of Bachelor of Laws
b. Has finished all the required courses of a master’s degree
program in public administration, criminology, criminal justice,
law enforcement, national security administration, defense
studies and other related disciplines from recognized
institution of learning
5. What are the qualifications of a Chief of a Municipal Police Station?
The qualification of a chief of a municipal police station is
any of the following:
a. He or she has finished at least second year Bachelor of Laws
b. Has earned at least 12 units in a master’s degree program in
public administration criminology, criminal justice, law
enforcement, national security administration and other related
disciplines from recognized institution of learning
P a g e | 51

A member of the Bar with 5


years of law practice, a Licensed
Criminologist and a Graduate of
the PNPA may become a Chief of
a City or Municipal Police
Station.

MINIMUM QUALIFICATIONS IN ENTERING THE PNP

The minimum qualifications in entering the PNP are the following:


a. Must be a citizen of the Philippines;
b. Must be a person of good moral conduct;
c. 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;
d. Must possess a formal baccalaureate degree from a recognized
institution of learning;
e. Must be eligible in accordance with the standards set by the
Commission;
f. Must not have been dishonorably discharged from military employment
dismissed for cause from any civilian position in the Government;
g. Must not have been convicted by final judgment of an offense or crime
involving moral turpitude;
h. Must be at least (1.62 m) in height for male and (1.57 m) for female;
i. Must weigh not more or less than 5 kgs from the standard weight
corresponding to his or height, age and sex; and
j. For a new applicant, must not be less than 21 nor more 30 years of
age: provided the except for the last qualifications, the above
enumerated qualifications shall be continuing in character and absence
of any of them at any given time shall be a ground for separation or
retirement from the service.

The number 1 qualification of entering the PNP is Philippine citizenship.


Who are citizens of the Philippines?
The citizens of the Philippines are the following:
▪ Those who are citizens of the Philippines at the time of the
adoption of 1987 Constitution
▪ Those whose fathers or mothers are citizens of the Philippines
P a g e | 52

▪ Those born before January 17, 1973, of Filipino mothers, who elected
Philippine citizenship upon reaching the age of majority and
▪ Those who are naturalized in accordance with law

What is the meaning of the phrase “continuing in character” in letter “j”?


The phrase “continuing in character” means that the persons who entered in
the PNP by virtue of waiver are given specific period to comply with the
requirement/s stated in the waiver as a condition of their continuous
employment in the PNP. In case of non – compliance, they may be removed from
service. The requirements that are considered continuing in character are
the weight and educational qualifications.
The age and height qualifications, on the other hand, are not continuing
in character. Hence, the applicants employed with waiver in age and height
requirements may become permanent once they finished the Field Training
Program (FTP)

Take Note: Another requirement that may also be considered as continuing in


character but does not require a waiver is the requirement of non – use of
prohibited or regulated drugs
All PNP uniformed personnel regardless of rank and place of assignment
shall undergo the required drug test to be administered by the PNP itself
or by NAPOLCOM accredited government hospitals.
During the recruitment, selection and appointment process of
Patrolman/Patrolwoman applicants, the Drug Test shall be conducted on
passers only any time after the
Psychiatric/Psychological Examination (PPE); Complete Physical, Medical and
Dental Examination (PMDE); or Physical Agility Test (PAT) but before the
Final Committee (FCI). The Drug Test shall be administered by the PNP Crime
Laboratory. Report of said test shall be prepared by the PNP Officer who
conducted the same duly certified under oath and submitted to the Regional
Screening Committee thru the Secretariat within 5 days from the date of
administration of the test.

For the purpose of determining whether an applicant or those already in the


PNP Service complied with the requirements on physical and mental health,
as well as with the non – use of prohibited drugs, what shall the PNP do?
For the purpose of determining compliance with the requirements on physical
and mental health, as well as the non – use of prohibited drugs, the PNP by
itself or through a NAPOLCOM accredited government hospital shall conduct
regular psychiatric, psychological, drug and physical tests randomly.

SUMMARY OF MINIMUM REQUIREMENTS IN ENTERING THE PNP WITH AND


WITHOUT A WAIVER IN AGE, HEIGHT, WEIGHT & EDUCATIONAL (AHWE) QUALIFICATIONS

The Age, Height, Weight and Educational qualifications in entering the PNP
with or without waiver may be summarized as follows:

a. Age Requirement
Without waiver With waiver
21 – 30 years old 20, 31 – 35 years old
P a g e | 53

Take Note: An applicant shall be considered 21 years of age on his 21st


birth date and shall be considered more than 30 years of age on his 31st
birth date.
On the other hand, one is considered to be not over 35 years old if he
or she has not reached his or her 36th birthday on the date of the
effectivity of his or her appointment.

b. Height Requirement
Without waiver With waiver
At least 5’4” for males At least 5’2” for males
At least 5’2” for females At least 5’ for females
Take Note: A waiver in height shall be automatically granted to applicants
belonging to cultural communities .

c. Weight requirement; and


Without waiver With waiver
Weighs not more or less than 5 Does not weigh more or less than 5
kilograms from the standard weight kilograms from the standard weight
corresponding to his height, age and corresponding to his height, age and
sex sex

Take Note: If an applicant is given a waiver, he is given 1 year to comply


if he is already in service upon effectivity of Republic Act 8551. If he
is just admitted, he is given 6 months to comply.

d. Educational requirement.
Without waiver With waiver
Baccalaureate degree holder Have earned at least 72 collegiate
units leading to a bachelor’s degree

Take Note: If a PNP personnel was already in the service upon the
effectivity of RA 8551, he shall be given 5 years to obtain the minimum
educational qualification preferably in the law enforcement related
courses to be reckoned from the date of affectivity of RA 9708 which is
in 2009
However, the concerned PNP members rendering more than 15 years of
service who have exhibited exemplary performance as determined by the
NAPOLCOM, shall no longer be required to comply with the aforementioned
minimum requirement.

It must be stressed further that the phrase “law enforcement related


courses” shall include, but not limited to the following:
a. BACHELOR OF SCIENE IN CRIMINOLOGY
b. BACHELOR OF ARTS IN POLITICAL SCIENCE
c. BACHELOR OF SCIENCE IN LEGAL MANAGEMENT

1. What are the conditions of waivers for initial appointment to the PNP?
The conditions of waivers for initial appointment to the PNP are
the following:
P a g e | 54

a. The age, height, weight and educational requirements for initial


appointment to the PNP may be waived only when the number of
qualified applicants falls below the approved national or regional
quota.
The application of a member of an indigenous group for height
waiver, however, shall be processed and approved regardless of
whether or not the number of applicants falls below the annual
quota.
In other words, the height waiver program given to members of
an indigenous group shall not diminish their qualification. They
are in equal footing with applicants without waiver.
b. The Commission en banc may grant age, height and weight waiver;
However, the NAPOLCOM regional director may also grant height
waiver to a member of an indigenous group within the region.
c. Waiver of the age requirement may be granted provided that the
applicant shall neither be less than 20 nor more than 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 52 cm (1.52m);
The NAPOLCOM may set a lower height requirement for the
applicant who belongs to indigenous group duly certified by the
Office of Muslim Affairs (OMA) or the National Commission on
Indigenous Peoples (NCIP). The Commission may require said
applicant to submit appropriate proof of his membership in a certain
indigenous group.
e. An applicant who is granted a weight shall be given reasonable time
but not exceeding 6 months within which to comply with said
requirement; and
Failure to attain the required weight shall mean separation
from the service.
f. The grant of waiver is not a guarantee for appointment into the
police service.

2. What are the factors to be considered in the grant of waivers?


The factors to be considered in the grant of waivers are the
following:
a. Outstanding accomplishment or possession of special skills
in law enforcement, police works, martial arts, marksmanship
and similar skills;
b. Special talents in the field of sports, music and others; and
c. Extensive experience or training in forensic science and
other technical services.

3. What are the selection criteria under the waiver program?


The selection criteria under the waiver program are the
following:
a. An applicant who possesses the least disqualifications shall
take precedence over those who possess greater
disqualifications
P a g e | 55

b. The requirement shall be waived in the following order (from


least to greatest);
▪ Age;
▪ Height;
▪ Weight; and
▪ Educational attainment
c. Each applicant for waiver must be possess special
qualifications, skills or attributes useful to or needed by
the PNP which are sufficient to compensate for his or her
lack of certain minimum qualifications.

4. What if the weight or educational requirement is not satisfied within


the specified period by law by the current members of the PNP?
After the lapse of the period for the satisfaction of the weight
or educational requirement, the members of the PNP who failed to
satisfy the same shall be separated from the service or retired without
prejudice in either case to the payment of benefits they may be
entitled to under existing laws.

The two kinds of removal from PNP service in case of non – compliance with
the weight and/or educational requirement within the period provided by law
are the following:
a. Separation; and
If the PNP personnel are below 50 years of age and have served
Government for less than 20 years, his removal from the PNP is known as
separation.
b. Retirement
If they the age of 50 and above and have served the Government for at
least 20 years, his removal from the PNP is known as retirement.
P a g e | 56

ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.


Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
COLLEGE OF CRIMINAL JUSTICE EDUCATION

APPENDIX G: Module 7 Practical Exercises

NAME: ___________________________ RATING:________________


SECTION: ________________________ DATE:__________________

INSTRUCTION. Answer the following questions briefly. Utilization of additional


sheet of paper if necessary is permissible. (10 pts. Each)
Mr. Dima Ta-e was admitted in the PNP in 2015 by virtue of a waiver in
educational attainment but he did not finish college within 4 years so he was
removed from the service.

1. May he apply again in the PNP? And why?


________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________________________________________________

2. Mr. Ino is 27 years of age but his height is only 5 feet and 2 inches.
Mr. Doro, on other hand, is 32 years of age and his height is 5 feet and
7 inches. Can Mr. Ino and Mr. Doro still enter the PNP even if they did
not comply with the height and age requirements, respectively? Explain.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________________________________________________

3. Mr. Mali is 27 years of age, his height is 5 feet and 7 inches, his weight
is more or less than 5 kilograms from the standard weight corresponding
to his height, age and sex, and his muscle is well developed because he
is a body builder. He is also a masteral holder and a law graduate but he
is a “Mexicano”. Can he enter the PNP by waiving his citizenship? Explain.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
P a g e | 57

MODULE 8

Learning Objectives:
At the end of the lesson, you should able to:
1. Understand the procedure during the Recruitment of Philippine National
Police (PNP);
2. Familiarize the different examinations and training under PNP; and
3. Identify the requirements and definition of Promotion.

PRESCRIBED SEQUENCE OF EXAMINATION OR TESTS DURING THE


RECRUITMENT, SELECTION AND APPOINTMENT OF PATROLMAN/PATROLWOMAN APPLICANTS

a. Preliminary Interview;
The applicant shall be interviewed personally by the Screening
Committee. If the applicant qualifies, he/she shall be required to present
or accomplish the following:
▪ Duly accomplished Personal Date Sheet (CSC form 212);
▪ Birth Certificate authenticated by PSA;
▪ Report of Rating of Eligibility authenticated by the issuing
authority;
▪ 2 pcs 2x2 black and white picture indicating applicant’s name;
▪ Transcripts of Scholastic Records and Diploma authenticated by the
school registrar;
▪ Clearance from the Barangay, Local Police Station, RTC/MTC and NBI;
▪ Medical Certificate issued by local health officer;
▪ Copy of 2 valid identification card with picture, signature and
address; and
▪ Certificate of Good Moral Character issued by the applicant’s
college or university.

What if applicants to the PNP were found to have submitted spurious documents
in their application for PNP examination?
Applicants who are found to have submitted spurious documents in their
application for PNP examination shall be barred permanently from taking any
police service examination. In the event that these anomalous acts are committed
are committed by personnel in the active service, he shall be charged with
dishonesty and be meted the penalty of dismissal from the service.

What shall compose the Ad Hoc Body which shall conduct initial screening of
police applicants?
The Ad Hoc Body which shall conduct initial screening of police applicants
shall be composed of the following:
▪ Head; and
The Mayor, as the Chair of the Peace and Order Council, is the Head
of the Ad Hoc Body.
▪ Members
The members of the Ad Hoc Body are the following:
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1. Department of Interior and Local Government (DILG) City Local


Government Organization Office (CLGOO) or Municipal
Local Government Organization (MLGOO);
2. Peace and Order Council (POC) member;
3. A woman member of a non – government organization (NGO); and
4. City Director/Chief of Police
Take Note: The term “Ad Hoc” means for this special purpose. Hence, the
Ad Hoc Body created above is for the purpose of conducting initial
screening of police applicants only and not for other purposes.

a. Psychiatric/Psychological Examination (PPE);


Psychiatric/Psychological Examination (PPE) is intended to exclude
applicants who may be suffering from any mental disorder. It shall be
administered to all applicants under the supervision of the PNP Medical
Officer and NAPOLCOM Representative.

How shall the Neuro – Psychiatric (NP) examination and Physical Agility Test
(PAT) be conducted?
The Neuro – Psychiatric (NP) examination and Physical Agility Test (PAT) shall
be conducted simultaneously nationwide to prevent a retake in another place in
said tests by applicants who initially failed on the same.
Take Note: Only those applicants who passed the PPE shall proceed to the next
stage.

b. Complete Character and Background Investigation (CBI)


The CBI shall determine the applicant’s reputation and possible
involvement in any questionable or criminal activities or violent
incidents. In order to get additional information on the applicant’s
worthiness, the CBI shall include the procurement of a Certificate of
Good Moral Character issued by the applicant’s college or university.

When shall the Complete Character and Background Investigation (CBI) conducted?

The Complete Character and Background Investigation (CBI) shall be


conducted on all PPE passers and must be completed before the start of the Final
Committee Interview
The validated CBI results shall be submitted to the committee immediately
before the start of the Final Committee Interview stage. The validation of the
results of the CBI shall continue during the 1 year probationary period. Any
serious and validated derogatory record shall be a ground for the recruit’s
termination from the service.

CBI shall be conducted by the


Directorate for Intelligence through
its operating units, like the
Intelligence Group (IG) and the
Regional Intelligence Division (RID)
P a g e | 59

c. Complete Physical, Medical and Dental Examination (PMDE)


In order to determine whether or not the applicant is in good
health, free from any contagious diseases, a PMDE must be conducted
and the items to be covered include the following:
▪ General Appearance;
▪ Nose, Mouth and Teeth;
▪ Genitals;
▪ Varicose Veins;
▪ Arms, Legs, Hands and Feet;
▪ Eyes;
▪ Respiration;
▪ Circulation;
▪ Brain and Nervous System; and
▪ Kidneys

Who shall conduct Complete Physical, Medical and Dental Examination?

The Complete Physical, Medical and Dental Examination (PMDE) shall be


conducted by the PNP Health Service under the supervision of the PNP Medical
Officer and a NAPOLCOM Representative.

d. Physical Agility Test (PAT)


The Screening Committee shall require the applicant to undergo
a Physical Agility Test (PAT) to determine whether or not the
applicants possesses the required coordination, strength and speed of
movement necessary for the police service
The PAT shall consist of the 5 events namely:
▪ Pull up for men and Horizontal Bar Hang for Women;
▪ 2 Minutes push-ups;
▪ 2 minutes sit ups;
▪ 100 hundred meter dash; and
▪ 1,000 meter run

e. Final Committee Interview (FCI)


The screening committee en banc shall interview the qualified
applicants who successfully passed through the sequential stages
including the Drug Test and Complete Character and Background
Investigation (CBI).
The Final Interview shall determine the applicant’s aptitude to
join the police service, likability, affability, outside interest,
conversational ability, disagreeable mannerism, etc.
Take Note: Absolutely, no applicant shall be interviewed unless he/she
passes through the sequential process and is declared “Passed” in all
these stages.
P a g e | 60

REPUBLIC ACT 8551


(Second Part)

1. What is the employment status of members of the Philippine National Police


(PNP)?
The uniformed members of the PNP shall be considered employees of
the National Government and shall draw their salaries therefrom. They
shall have the same salary grade level as that of public school teachers.
PNP members assigned in Metropolitan Manila, chartered cities and
first class municipalities may be paid financial incentive by the local
government unit concerned subject to the availability of funds.

2. Who shall administer the entrance and promotional examinations for


policemen?
The National Police Commission (NAPOLCOM) shall administer the
entrance and promotional examinations for policemen. It shall also design
and establish a qualifications upgrading program for the members in
coordination with Civil Service Commission and the CHED through a distance
education program and/or an in service education program or other similar
programs.

What are the different examinations administered by the National Police


Commission?

The NAPOLCOM is mandated to conduct examinations twice a year for


categories namely:
a. The PNP Entrance Examination;
b. The Police Officer Examination;
c. The Senior Police Officer Examination;
d. The Police Inspector Examination; and
e. The Police Superintendent Examination

3. What are the different training programs in the police service?


The different training programs in the police service are the
following:
a. Basic Recruitment Training
Basic recruitment training shall be in accordance with the
programs of instruction prescribed by PPSC and NAPOLCOM subject to
modifications to suit local conditions. It is being completed for not
less than six months and a training weeks shall normally consist of 40
hours of scheduled instructions.
It consists of theoretical and practical instructions, which
includes but not limited the following:
▪ Origin and nature of police work;
▪ General police responsibilities;
▪ Criminal law and procedures;
▪ Police laws, regulations and ordinances;
▪ Police methods and procedures;
▪ Criminal investigation techniques;
P a g e | 61

▪ Scientific aids;
▪ Public relations and civic actions;
▪ Police ethics, police weapons, self-defense; and ▪ Other related
subjects in law enforcement.

b. Field Training
Field Training is where the recruits undergo actual experience
and assignment in patrol, traffic and investigation as a requirement
for permanency of their appointment. This program shall be for 12
months inclusive of the Basic Recruitment Training Course for non-
officers and Officer Orientation Course or Officer Basic Couse for
officers.
Take Note: Field Training Program refers to the training required to
make the temporary appointment of a new PNP member permanent.

Are the graduates of PNPA who joined the PNP mandated to undergo the Field
Training Program as a requirement for permanency of their appointment?
No, the graduates of PNPA who joined the PNP are not mandated to undergo
the Field Training Program as a requirement for permanency of their appointment
because of the following reasons:
▪ By the express provision of law, graduate of PNPA shall be
automatically appointed to the initial rank of Police Lieutenant
▪ PNPA cadetship program is 4 year course that includes academic subjects
on core police functions such as patrol, traffic and criminal
investigation and on the job training in urban and rural setting
▪ Graduates of the PNPA are conferred the Bachelor of Science in Public
Safety degree and have the option to choose the branch of service they
want if that will be in the PNP, BFP or BJMP
Hence, the graduates of the PNP who joined the PNP shall be issued a
permanent appointment subject to the submission to the Commission of the
necessary documents prior to the issuance of testimonial eligibility.

c. In – service Training;
The following are different in service training programs:
▪ Junior Leadership Training (JLT);
Junior Leadership Training is for Pat. to PSSg.
▪ Senior Leadership Training (SLT);
Senior Leadership Training is for PMSg. to PEMS.
▪ Police Basic Course (PBC)
Police Basic Course is in preparation of Officer’s Basic Course.
▪ Officer’s Basic Course (OBC);
Officer’s Basic Course is for PLT. to PMAJ.
▪ Officer’s Advance Course (OAC);
Officer’s Advance Course is for PMAJ. to PCOL.
▪ Officer Senior Education Course (OSEC); and
Officer Senior Education Course is for PLTCOL. and above.
▪ Directorial Staff Course (DSC)
Directorial Staff Course is for PMGEN. and others higher in rank.
P a g e | 62

d. Department In – Service Training Programs; and


Department In – Service Training Programs is where all members
of a police department shall undergo which includes the following:

▪ Roll – Call Training


Roll – Call Training involves instructional courses of several
hours a day concerning departmental activities.
▪ Supervisory development, specialized or technical training; and
Supervisory development, specialized or technical training
involves seminars or special sessions on criminal investigation,
traffic control, etc.
▪ Other trainings conducted by law enforcement units or agencies.

e. National and International Conventions on Policing.

PROMOTION
1. What is the meaning of promotion
Promotion is the act of elevating personnel from lower to a higher
rank or position, either by regular or special process.

2. What are the requirements in regular and special promotions for PNP
personnel?
a. Regular Promotion; and
▪ He or she has successfully passed the corresponding
promotional examination given by the Commission, or the Bar,
or the corresponding board examinations for technical
services and other professions;
▪ Has satisfactorily completed the appropriate and accredited
course in the PNPA or equivalent training institutions;
▪Has satisfactorily passed the required
psychiatric/psychological and drug tests; and
▪ Has been cleared by the People’s Law
Enforcement Board (PLEB), and the Office of the Ombudsman
of any complaint proffered against him or her, if any;
b. Special Promotion
▪ He or she exhibited acts of conspicuous courage and gallantry at
the risk of his/her life above and beyond the call of duty; and
▪ Such acts shall be validated by the Commission based on established
criteria.

As stated above, the Commission shall validate the exhibited acts of conspicuous
courage and gallantry at the risk of a PNP personnel’s life above and beyond
the call of duty as a basis of granting special promotion. With this, what are
the criteria prescribed in granting special promotion?

The acts of conspicuous gallantry and courage cited in the recommendation for
special promotion must be:
▪ A deed of personal bravery and self – sacrifice above and beyond
the call of duty of a PNP uniformed personnel is so conspicuous
P a g e | 63

as to distinguish himself clearly over and above his comrades in


the performance of more than ordinary hazardous service and
▪ 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. This is known as Posthumous Promotion. Take Note: Under
RA 9263 the acts of conspicuous courage and gallantry at the risk
of BFP/BJMP member’s life above and beyond the call of duty are
validated by the DILG, not the NAPOLCOM.

3. What are the policies of the State that must be considered in the promotion
of PNP members?
The policies of the State that must be considered in the promotion
of PNP members are the following:
a. It is the NAPOLCOM which shall establish a system of promotion for
uniformed and non – uniformed personnel of the PNP;
b. The system of promotion shall be based on merits and on the
availability of vacant positions in the PNP staffing pattern.
c. Such system shall be gender fair and shall ensure that women members
of the PNP shall enjoy equal opportunity for promotion as that of
men; and

Except for the PNP Chief, no PNP members who has less than 1 year of
service before reaching the compulsory retirement age shall be promoted to a
higher rank or appointed to any other position. This is known as the “One –
Year – Before – Retirement – Rule”.
P a g e | 64

ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.


Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
COLLEGE OF CRIMINAL JUSTICE EDUCATION

APPENDIX H: Module 8 Practical Exercises

NAME: ___________________________ RATING:________________


SECTION: ________________________ DATE:__________________

INSTRUCTION. Answer the following questions briefly. Utilization of additional


sheet of paper if necessary is permissible. (10 pts. Each)

1. What is the difference between Regular Promotion and Special Promotion?


________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. Choose 1 among the policies of States that must be considered in the
promotion of PNP members and give brief explanation.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
3. Summarize the prescribed sequence of examination or tests during the
recruitment, selection and appointment of patrolman/patrolwoman
applicants.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________________________________________________

4. Differentiate the Basic Recruitment Training and Field Training Program.


________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

P a g e 64 | 99
P a g e | 65

MODULE 9

Learning Objectives:
At the end of the lesson, you should able to:
1. Define the meaning of attrition;
2. Distinguish the classification of attrition; and 3. Understand the
permanent physical disability.

ATTRITION

1. What is the meaning of attrition?


Attrition is the removal from the service of a PNP member due to
attainment of maximum tenure in position, relief, demotion in position,
non – promotion or other means provided by law but excluding the reaching
of compulsory age and conviction in an administrative case that crimes
with it the penalty of dismissal from service.
2. What are the kinds of attrition system?
The kinds of attrition system shall include but not limited to the
following:
a. Attrition by Attainment of Maximum Tenure in Position:
Attrition by attainment of maximum tenure in position refers to
the maximum cumulative period for PNP member to hold a particular
position.
The PNP personnel holding key position have a maximum tenure as
follows:
Position Maximum Tenure
Chief 4 years
Deputy Chief 4 years
Director of the Staff Services 4 years
Regional Director 6 years
Provincial/City Directors 9 years

Other positions higher than Provincial Director but lower than


Regional Director has a maximum tenure of 6 years. Unless earlier
separated, retired or promoted to a higher position in accordance with
the PNP Staffing Pattern, Police officers holding the above mentioned
positions shall be compulsory retired upon attainment of the maximum
tenure in position herein prescribed or upon reaching the age of 56,
whichever is earlier.
Take Note: The phrase “other positions higher than Provincial Director”
refers to other star rank positions with a maximum cumulative tenure of
6 years.

May the four – year maximum term of office of the PNP Chief be extended?
No, the 4 years maximum term of office of the PNP Chief cannot be
extended except in times of war or other national emergency declared by
Congress. In such case, it is the President who may extend the PNP Chief’s
tour of duty.

P a g e 65 | 99
P a g e | 66

May a police officer be promoted to a higher position within 1 year before


attaining his compulsory age for retirement?
No, a police officer may not be appointed within a year before
attaining his compulsory age for retirement. This is known as the “One –
Year – Before – Retirement – Rule” or the “One – Year Bar Rule”
The rules provides that except for the Chief PNP, no PNP member who
has less than 1 year of service before reaching the compulsory retirement
age shall be promoted to a higher rank or appointed to any other position
other than what he or she is currently holding. Any designation or
appointment to this effect shall be considered void ab initio and may be
contested by any interested party.

Take Note: “Void ab initio” means void from the beginning. Hence, if a
police officer with a rank of Police Lieutenant who is already 55 years
and 6 months old is promoted to Police Captain, his appointment is void
from the beginning because of the 1 – Year – Before – Retirement – Rule.
As such, his appointment may be contested by any interested party.

Maximum tour of duty of third level Police Commissioned Officers (PCO):

In order to promote a wider field of experience and expertise and to accommodate


and give opportunity to an increasing number of qualified officers, Third Level
Police Commissioned Officers (PCOs) may hold the following key Positions for a
maximum cumulative period indicated:
Position Maximum Cumulative Period
Director, Directorial Staff 3 years
Regional Director, National Capital 2 years
Region Police Office (NCRPO)

Regional Director, Police 2 years


Regional Office (PRO)
Director, National Support 2 years
Units (NSUs)
District Directors 2 years
Provincial/City Director 4 years

Similarly, Third Level Police Commissioned Officers (PCOs) holding other


position or responsibility who by virtue of their specialization, technical
experience and extended assignments in special fields or administrative units,

“Third Level Police Commissioned


Officers” (PCOs) are those with
a rank ofPolice Colonel to Police
Major General.

P a g e 66 | 99
P a g e | 67

may hold such position for a maximum period of 2 years. They may be designated
to other positions, if qualified.

In order to further promote a wider field of experience and expertise and


to accommodate and give opportunity to an increasing number of qualified
officers, the NAPOLCOM further gave the following Police Commissioned Officers
to hold the following key positions for a maximum cumulative period indicated:

Position Maximum Cumulative Period


Police Regional 3 years
Offices/National Support Unit
(NSU) Staff Positions
Chief of Regional National 2 years
Support Units (NSU)
Chief, Regional Headquarters 2 years
Service Support Group (RHSSG)

Group Director, Regional Mobile Group 2 years


(RMG)
Group Director, Provincial 2 years
Mobile Group (PMG)
Chief of Police 6 years

b. Attrition by Relief:
The PNP uniformed personnel who have been relieved for just
cause and have not been given an assignment within 2 years after
such relief shall be retired or separated.
Take Note: This kind of attrition is not found in Republic Act 9263.

To warrant attrition by relief, what are the elements that must


concur?
To warrant attrition by relief, the following elements must
concur?
▪ The relief is for just cause;
▪ The PNP member has not given any assignment within 2 years
from his relief and there are available positions commensurate
to his/her rank; and
▪ The non – assignment for a continuous period of 2 years is
due to valid reason and/or reasons attributable to him/her,
or his/her refusal to accept any position commensurate to his
rank.

c. Attrition by Demotion in Position or Rank;


The PNP personnel, uniformed or non – uniformed, who have
been relieved and assigned to a position lower than what is
established for their grade in the PNP staffing pattern and who
shall not have been assigned to a position commensurate to their

P a g e 67 | 99
P a g e | 68

grade within 18 months after such demotion in position shall be


retired or separated.
Take Note: Under RA 9263, the personnel of BFP and BJMP who are
demoted and who shall not have been assigned to a position
commensurate to his or her grade within 2 years after such demotion
in position shall be retired or separated.
It must be stressed further that “demotion in position” refers
to the designation of a personnel to a position lower than what is
established for his or her rank or not commensurate to his or her
rank in the PNP Table of Organization.

To warrant attrition by demotion in position, what are the elements


that must concur?
To warrant attrition by demotion in position, the following
elements must concur:
▪ The PNP member is relieved and assigned to a position lower
than what is established for his or her rank;
▪ His or her designation to such lower position is attributable
to him or her; and
▪ The existence of a positional vacancy for the rank during the
18 months reckoned after his or her demotion in position.
Take Note: A PNP member who is promoted in rank but occupying a
position lower than what is called for by his or her present rank
within 3 months, despite availability of commensurate positions,
shall be attrited.

d. Attrition by Non-Promotion;
The PNP personnel who have not been promoted for a continuous
period of 10 years shall be retired or separated.

To warrant attrition by non – promotion, what are the elements that


must concur?
To warrant attrition by non - promotion , the
following elements must concur:
▪ The PNP members has not been promoted in rank for a continuous
period of 10 years and there are existing vacancies for
regular promotions;
▪ The non – promotion in rank is due to the failure of the PNP
member concerned to satisfy the minimum qualification
standards and/or comply with other requirements for promotion
to the next higher rank; and
▪ The PNP member was not promoted in rank even if he or she is
within the zone of consideration and his or her inclusion in
the promotion list due to reasons attributable to himself or
herself.

e. Attrition by other means


The PNP personnel with at least 5 years of accumulated active
service shall be separated based on any of the following factors:

P a g e 68 | 99
P a g e | 69

▪ Inefficiency based on poor performance during that last 2


successive annual ratings periods;
▪ Inefficiency based on poor performance for 3 cumulative annual
ratings periods;

“Poor Performance” refers to the


poor rating in the promulgated
PNP Performance Evaluation
Rating System.

▪ Physical and/or mental incapacity to perform police functions


and duties;
▪ Failure to pass the required entrance examinations twice
and/or finish the required career courses except for
justifiable reasons;
▪ Refusal to take a periodic PNP physical fitness without
justifiable reason;
▪ Failure to take PNP physical fitness for 4 consecutive
periodic tests due to health reasons;
▪ Failure to pass PNP physical fitness for 2 consecutive
periodic tests or 4 cumulative periodic tests; or
▪ Non – compliance with minimum qualification standards for the
permanency of original appointment.

3. What are the kinds of removal under the attrition system?


The kinds of removal under the attrition system are the following:
▪ Retirement; and
A policeman is considered to have retired from service if he
has rendered at least 20 years of service; and ▪ Separation
A policeman is considered to have separated from service, he
shall be entitled to a retirement or separation pay, respectively,
unless he is disqualified by law to receive such benefits.

May a policeman avail of an early retirement?


Yes, any PNP commissioned or non – commissioned officers may retire and be
paid with separation benefits corresponding to position 2 ranks higher than his
or her present rank subject to the following conditions:
a. The applicant has already rendered at least 10 years of continuous
government service at the time he or she applies for retirement;

P a g e 69 | 99
P a g e | 70

b. He or she is not scheduled for separation or retirement from the


service due to the attrition system or separation for cause;
c. He or she has no pending administrative or criminal case; and
d. He or she has at least 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.

4. What is the meaning of permanent physical disability and when is it


compensable?
Permanent physical disability is an instance when a police
commissioned officer or police non – commissioned office is permanently
and totally disabled as a result of injuries suffered or sickness
contracted in the performance of his duty. It is compensable when the
following are present:
▪ It is a result of injuries suffered or sickness contracted in
the performance of his duty;
▪ Duly certified by the National Police Commission; and
▪ There is a finding and certification by the appropriate medical
officer, that the extent of disability or sickness renders such
member unfit or unable to further perform the duties of his
position.

P a g e 70 | 99
P a g e | 71

ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.


Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
COLLEGE OF CRIMINAL JUSTICE EDUCATION

APPENDIX I: Module 9 Practical Exercises

NAME: ___________________________ RATING:________________


SECTION: ________________________ DATE:__________________

INSTRUCTION. Answer the following questions briefly. Utilization of additional


sheet of paper if necessary is permissible. (10 pts. Each)

1. What if a PNP Chief became bored in that position so he resigned,


Is there a need for him to wait for the acceptance of his resignation and
the appointment and the appointment of new PNP Chief before leaving his
office? Why?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. What if a PNP Chief was only 52 years old and he already served 4 years
in such office but the President forgot to appoint a new one who will
replace him. May that PNP Chief immediately abandon his office without
waiting for his successor?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

3. Differentiate the Retirement and Separation.


________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
4. Define Permanent Physical Disability. Cite some examples.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

P a g e 71 | 99
P a g e | 72

MODULE 10

Learning Objectives:
At the end of the lesson, you should able to:
1. Identify the different administrative offenses that may be file against
police officers; and
2. Understand the powers and functions of Internal Affair Service (IAS) and
People’s Law Enforcement Board of the PNP.

DIFFERENT ADMINISTRATIVE OFFENSES AGAINST POLICE OFFICERS

1. When policeman commits a crime, what are the different cases that may be
filed against him and where will these cases be filed?
When a policeman commits a crime’ criminal, civil and administrative
cases may be filed against him. Criminal and civil cases are filed before
the courts, while administrative cases are filed before quasi – judicial
bodies like Internal Affairs Service (IAS), People’s Law Enforcement
Board, National Police Commission (NAPOLCOM), Commission on Human Rights,
among others.
Take Note: The term “quasi” means as if.

What is the nature of proceedings before the administrative disciplinary


authorities of quasi – judicial bodies?
The investigation and hearing before the administrative
disciplinary authorities shall be summary in nature and shall not strictly
adhere to the technical rules of procure and evidence applicable in
judicial proceedings. The provisions of the Civil Service Law, Rules and
Regulations, and the Revised Rules of Court shall be applicable as a
supplement.

2. What are the different administrative offenses against policemen?


The following are offenses for which uniformed members of the PNP
may be charged administratively:
a. Neglect of duty or non – feasance;
Neglect of duty or non – feasance is the omission or
refusal, without sufficient excuse, to perform an act or duty,
which it was the peace officers legal obligations to perform.
b. Irregularity in the performance of duty or misfeasance;
Irregularity in the performance of duty or misfeasance is
the improper performance of some act which might lawfully be
done.
c. Malfeasance;
Malfeasance is the performance of an act which ought not
to be done.
d. Incompetence;
Incompetence or ignorance is the material lack of adequate
ability and fitness for, the satisfactory performance of police
duties. This refers to any physical, intellectual, psychological
and moral quality, the lack of which substantially incapacities
a person to perform the duties of a police officer.
e. Oppression;

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Oppression imports an act of cruelty, severity, unlawful


exaction, domination or exercise use of authority. The exercise
of unlawful powers or other means, in depriving an individual of
his property or liberty against his will, is generally an act of
oppression.
f. Dishonesty; and
Dishonesty is the concealment or distortion of truth in a
matter or fact relevant to one’s office, or connected with
performance of his duties.
g. Disloyalty to the Government.
Disloyalty to the Government consists of the abandonment
or renunciation of one’s loyalty to the government, through overt
or covert acts.

3. May a policeman facing a criminal/administrative charge be given a legal


assistance while facing his?
Yes, the Secretary of Justice, the chairman of the NAPOLCOM, or the
PNP Chief may authorize lawyers of their respective agencies to provide
legal assistance to any member of the PNP who is facing his case before
the prosecutor’s office, the court, or any competent body, a charge or
charges arising from any incident which is related to the performance of
his official duty. These government lawyers so authorized shall have the
power to administer oaths.
When necessary, as determined by the Commission, a private counsel
may be provided at the expense of the Government.

What is the definition of “Legal Assistance”?


“Legal Assistance” refers to the legal service, consultation, advice
or representation to be rendered in favor of a PNP member in all stages
of a criminal or administrative proceeding.
It includes but not limited to the following:
a. Legal advice and documentation;
b. Preparation of written explanation or any responsive pleading;
and
c. Legal representation in judicial, quasi – judicial and other
administrative bodies.

Who are lawyers authorized to render legal assistance? The lawyers


authorized to render legal assistance are those coming from the following:
a. Public Attorney’s Office (PAO) of the Department of
Justice (DOJ);
b. National Police Commission (NAPOLCOM); and
c. Philippine National Police (PNP).
Take Note: The lawyers from said offices must be duly designated by their
respective heads of offices to provide assistance to PNP members. The
lawyers enumerated above also include private counsels hired for the
purpose of defending police officers in an administrative or criminal
case.

What is the Legal Assistance Office (LAO)?


The Legal Assistance Office (LAO) under the office of the Chairman of
NAPOLCOM was established to provide legal assistance to PNP members. It

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is headed by a lawyer who is appointed by the Chairman of NAPOLCOM upon


recommendation of the Vice Chairman (Executive Officer). The office shall
be composed of NAPOLCOM lawyers who may be reinforced by lawyers from the
PNP and DOJ. Aside from the national office, Regional Legal Assistance
Unit (RLAU) shall also be maintained in every NAPOLCOM regional office.

4. One of the quasi – judicial bodies hearing administrative cases against


policemen is Internal Affairs Service (IAS).
What is its composition?
The Internal Affairs Service (IAS) has the following offices:
a. National Office
The national office of IAS shall be headed by an Inspector
General who shall be assisted by a Deputy Inspector General. The
Inspector General, who must be civilian, shall be appointed by the
President upon the recommendation of the Director General and duly
endorsed by the Commission. Appointments of personnel who shall
occupy various positions shall be made by the Inspector General and
shall be based on an established career pattern and criteria to be
promulgated by the Commission. b. Regional Offices; and
The regional offices of the IAS shall be headed by a Director.
c. Provincial Offices
The provincial offices of the IAS shall be headed by
Superintendent.

5. What are the requirements and prohibitions of IAS membership?


The requirements and prohibitions of IAS membership are the
following:
a. The entry to the IAS shall be voluntary and subject to a rigid
screening;
b. The PNP personnel who became members of IAS must have at least 5 years
experience in law enforcement;
c. The person who joins the IAS may not thereafter join any other unit of
the PNP; and
d. A member of IAS shall not be allowed to sit in a committee deliberating
on the appointment, promotion or assignments of any PNP personnel.
Take Note: Initial appointments of the heads of the offices in the IAS
shall be made by the President upon recommendation by the Commission.
Succeeding appointments shall be done by the head of IAS

6. What are the powers and functions of IAS of the PNP?


The powers and functions of IAS of the PNP are the following:
a. Pro – actively conduct inspections and audits on PNP personnel and
units;
b. Investigate complaints and gather evidence in support of an open
investigation;
c. Conduct summary hearings on PNP members facing administrative charges;
d. 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;

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e. File appropriate criminal cases against PNP members before the court
was evidence warrants and assist in the prosecution of the case;
f. Provide assistance to the Office of the Ombudsman in cases involving
the personnel of the PNP; and
g. Provide documents or recommendations as regards to the promotion of
the members of the PNP or the assignment of PNP personnel to any key
position.

7. What are the procedures that must be followed by Internal Affairs Service
(IAS) and other disciplinary authorities in conducting administrative
cases against the PNP members?
The procedures that must be followed by Internal Affairs Service
(IAS) and other disciplinary authorities in conducting administrative
cases against the PNP members are the following:
a. Filing of Administrative Complaint;
An administrative compliant may be initiated by filing a
sworn written statement before any disciplinary authority, or
the IAS, accompanied by affidavits of witnesses, if any, and
other evidence in support thereof.
The complaint shall be accompanied by a Certification of
Non – Forum Shopping.
An anonymous complaint may be basis of a formal complaint
provided the material allegations contained therein may be
validated.

b. Evaluation of the Compliant;


Upon receipt of complaint, the disciplinary authority
concerned shall designate the officer who shall conduct the
evaluation of the same to determine whether it shall be:
▪ Closed or dropped out rightly for lack of probable cause;
▪ Referred to appropriate disciplinary authority;
▪ Treated as a grievance/request for assistance which may be
referred to the concerned office or government agency; or
▪ Recommended for summary hearing.
Any record by the evaluator closing or dropping an
administrative complaint for lack of probable cause shall, in
all cases, be approved by concerned disciplinary authority or
IAS.

c. Pre – Charge Evaluation;


Pre charge – evaluation is a process to determine the
existence of probable cause based on the allegations on the
complaint and supporting evidence.
All complaints for pre-charge evaluation shall be stamped
on its face with the date and time of its receipt and an assigned
reference number, and shall be recorded in a docket book
exclusively maintained for that purpose.
Within 3 days from receipt of the complaint or the referral
from other disciplinary authority or investigative agencies, the
assigned officer shall evaluate the same and submit his

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recommendation to the concerned disciplinary authority for


proper disposition.
If after pre-charge evaluation, probable cause is found to
exist which warrant the conduct of summary hearing, the record
of the evaluator to conduct the same shall be approved by the
disciplinary authority or IAS.
When the authority to conduct pre-charge evaluation is
delegated by the disciplinary authority to any its office, the
approval of said recommendation shall be made by head thereof.

d. Entering the Case in the Docket Book;


Upon the receipt of the approved pre – charge evaluation
report that the respondent should be administratively charged
together with the complete record of the complaint, the office
tasked by disciplinary authority to maintain the records of
administrative cases shall enter the case in the official docket
by stamping on the face of the report or complaint the time and
date of receipt and assign a case number to it.
A docket book shall be maintained by the said office shall
contain among others the following data of the case: date and
time of receipt from evaluator, case number, name of parties
etc.

e. Assignment of Hearing Officers;


Except in cases filed before the People’s Law Enforcement
Board (PLEB), the disciplinary authority or the IAS shall within
5 days from receipt and docketing of the complaint, assign and
transmit the same to a hearing officer.

f. Determination of Venue;
The administrative complaint or cases against PNP member
shall be filed before the disciplinary authority or IAS having
territorial jurisdiction where the offense was committed.
However if there is a PLEB organized in a city or
municipality, the administrative case may be filed in the PLEB
of the city or municipality where the police officer is assigned.

g. Service of Summons;
Within 3 days upon receipt of the complaint by the hearing
officer, he shall issue the summons to be served upon the
respondent, directing him to submit his answer within 5 days
from receipt thereof, together with whatever documentary
evidence the respondent may have in support of his defense. Take
Note: The investigating/hearing officer must ensure that the
summons, orders, notice, etc. must be properly served to the
respondent.

How shall notices and summons be properly served to the


respondent?
All notices and summons to the respondent shall be served
by handling the same to the respondent in person, or, if he
refuses to receive and sign for it, by tendering it to him. The

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process server of the disciplinary authority or IAS shall effect


said service.

h. Filing of Answer;
The answer, together with whatever documentary evidence
the respondent may have in support of his defense, must be
submitted within 5 days from receipt of the summons.
The answer shall be in writing, under oath and must contain
material facts, which may either be a specific denial or
affirmation of the allegations in the complaint. It shall be
accompanied by documentary or other evidence, if there be any,
in support of the defense, copy furnished the complainant. It
shall also contain a list of witnesses and their individual
addresses, whenever appropriate.
Take Note: “Answer” is defined as a pleading in which a
respondent or other adverse party sets forth the negative and
affirmative defenses upon which he relies.

How shall an answer be filed or submitted?


The answer shall be filed in 3 copies either personally or
by registered mail. If the answer is sent by registered mail, it
is deemed filed on the date and hour of receipt stamped by the
post office on the envelope. Said envelope shall be kept and mad
an integral part of the answer and records of the case.

What are the prohibited motions before filing of answer or during


hearing?
The prohibited motions before filing of answer or during
hearing are the following: a. Motion to dismiss;
b. Motion for bill of particulars; and
The “bill of particulars” is a remedy given to the
accused seeking clarification to the unclear allegations or
statements in the complaint.
c. Any other motion.
The filing of any of the enumerated shall not interrupt
the running of the reglemetary period for filing an answer.
Take Note: “Reglementary period” is the period required by
law or the rules to perform a specific act. In the computation
of period of time, the first day shall be excluded and the
last day shall be included unless it falls on a Saturday,
Sunday, or a Legal Holiday, in which case the last day shall
fall on the next working day.

What if the respondent fails or refuses to file his/her


answer?
The failure of the respondent to file an answer within
the reglementary period shall be considered as a general
denial of the charges.

What if the respondent admits his culpability?


When the respondent in his answer admits his culpability
to the charge, the hearing shall, nonetheless, proceed in

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order to determine the degree of his responsibility and the


appropriate penalty to be imposed.

i. Pre – Hearing Conferences;


Within 10 days from receipt of the answer, the disciplinary
authority or IAS shall conduct the pre – hearing conference for
the purpose of:
▪ Defining and simplifying issues of the case;
▪ Entering into admissions and/or stipulation of facts;
▪ Limiting the number of witnesses to be presented;
▪ Scheduling the dates of hearing;
▪ Marking of exhibits; and
▪ Removing other matters not relevant to the case.
Take Note: Witnesses not included in the Pre – Hearing
stipulation shall in no case be allowed to testify.

j. Hearing Proper;
Within 5 days from the Pre – Hearing Conference, the summary
hearing of the case shall proceed.

What is the order of summary hearing?


The order of the summary hearing shall be as follows:
▪ The complainant shall adduce evidence with proper
identification and marking, thereof of his exhibits;
▪ The respondent then present evidence in support of his defense
with proper identification and marking thereof of his
exhibits;
▪ The proceeding shall be summary in nature, direct examination
of witnesses may be dispensed with and the sworn
statements/affidavits of witnesses after proper
identification of affirmation on the truth of the content
thereof, shall take the place of their oral testimony, except
for witnesses who appeared pursuant to a subpoena; and
▪ Clarification questions may be allowed if requested by either
party, shall not be confined strictly to material and relevant
matters and, insofar as maybe compatible with the ends of
justice.
Take Note: The hearing officer may require the parties to
submit their respective position papers within 10 days from
the date the summary hearing is terminated.

Are the parties entitled to a counsel during the hearing?


Yes, the parties have the right to avail of a counsel
during hearing. If the parties at the start of the proceeding
appeared without the counsel, they shall be informed of the
right to avail of one if they so desire. However, the hearing
shall proceed as scheduled even in the absence of counsel.
If a party is not represented by counsel, the Hearing
Officer shall mark the exhibits presented during the

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preliminary conference and may propound clarification


questions, if necessary.

What if the respondent fails or refuses to appear during the


scheduled hearing?
If the respondent, despite due notice, fails or refuses
to appear without justifiable reason during the scheduled
hearing, he is deemed to have waived his right to be present
and to submit his evidence. The respondent shall however, be
afforded every opportunity to adduce his evidence during the
pendency of the case.

What is the rule in postponement of hearing?


Postponement of hearing should be discouraged and shall
be allowed only in meritorious cases, such as illness of the
party or his or her counsel and/or other similar unavoidable
causes. A request for postponement on the ground of illness
shall be supported by a duly sworn medical certificate.

What is the rule in reassignment or transfer of a respondent


PNP member to another city or municipality during the pendency
of his administrative case?
No respondent PNP member shall be reassigned or transfer
to another city or municipal police station or unit during
the pendency of his administrative case, unless the concerned
disciplinary authority of IAS certifies that the presence of
respondent is no longer necessary. Any superior who violates
the provision shall be administratively liable for
irregularity in the performance of duty.

k. Submission of Report of Investigation;


The hearing officer of the disciplinary authority and IAS,
whenever applicable shall have 30 days to submit the report of
investigation accompanied by the complete original records from
the date the case is submitted for resolution. The report of
investigation shall contain the findings of facts and the
corresponding recommendation.
In cases filed before the IAS, the Provincial Director,
the Regional Director and the Inspector General shall resolve
and forward the recommendation to the Disciplinary Authority,
within 30 days from receipt of the report of investigation from
the hearing officers.

l. Period to Render Decision;


The Disciplinary Authority shall decide the case within 30
days from receipt of the report of the investigation, or IAS
resolution. The failure of the Disciplinary Authority to decide
on the IAS recommendation within the said period, however, shall
render the same final and the Disciplinary Authority is mandated
to implement the decision.

m. Finality of Decision; and

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The disciplinary action imposed upon a member of the PNP


shall be final and executory. However, there is still a remedy
for the respondent and it is either of the following:
▪ To Appeal; or
The disciplinary action imposed by the Regional
Director or by the PLEB involving demotion or dismissal from
the service may be appealed to the Regional Appellate Board
(RAB) within 10 days from receipt of the copy of the notice
of decision.
On other hand, the disciplinary action imposed by the
Chief of the PNP involving the demotion or dismissal may be
appealed to the National Appellate Board (NAB) within 10 days
from receipt thereof.
The RAB or NAB, as the case may be, shall decide appeal
within 60 days from receipt of the notice of appeal but the
decisions of the RAB and NAB may be appealed to the Secretary
of DILG.
How shall appeal be filed?
A notice of appeal shall be filed in 3 legible copies
which shall contain the following:
1. The material dates showing that it was filed on time:
2. The assignment of the specific error of fact or law or
both allegedly committed by the disciplinary authority;
and
3. The specific body to which the appeal is being taken.
Take Note: In all appealed cases, the title of the case shall
remain as it was before the disciplinary authority, but the
party appealing the case shall be referred to as the appellant
and the prevailing party as the appellee.
▪ To File a Motion for Reconsideration
The party adversely affected by the disciplinary action
imposed may file a motion for reconsideration from the
decision rendered by the disciplinary authority within 10
days from receipt of a copy of the decision on any of the
following grounds:
1. Newly discovered evidence which, if presented, would
materially affect the decision rendered; or
2. Errors of law or irregularities have been committed
prejudicial to the substantial rights or interest of the
movant.
Take Note: The filing of the motion for reconsideration shall
stay the execution of the disciplinary action sought to be
considered.

It must be stressed further that only 1 motion for


reconsideration shall be allowed and the same shall be
considered and decided by the disciplinary authority within
15 days from receipt thereof.

n. Certificate of Finality of the Decision.


The disciplinary authority or appellate body shall issue
a certificate of finality of the decision or resolution finally

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disposing of the case when no motion for reconsideration or


appeal is filed within the prescribed period.

What is the effect of compulsory retirement of the respondent?


The compulsory retirement of the respondent shall not
affect the pendency of his administrative case and the award of
retirement benefits due him shall be subject to its final
disposition. In the event that the respondent who has retired is
found guilty and the penalty of suspension is imposed, the
corresponding amount relative to the period of suspension shall
be deducted from that portion of his retirement benefits that
are allowed by law.

What is the effect of the death of the respondent?


The death of the respondent during the pendency of the
case shall terminate the administrative proceedings and has the
effect of exoneration. Upon presentation of a certified true
copy of the death certificate, a resolution dismissing the case
shall be issued by the concerned disciplinary authority,
appellate body, or IAS, where the case is pending. Take Note:
“Exoneration” means free from blame or responsibility.

1. What is preventive suspension?


Preventive suspension is the act of suspending a public officer
while a case against him is being heard. The purpose of which is for the
public officer not to take advantage of his position in harassing the
complainant and his witnesses and for the complainant to fully present
his case without fear from the respondent.

When is preventive suspension available?


The concerned disciplinary authority or the IAS, upon motion of the
complainant, may, at any time before a case is formally filed but before
the presentation of complainant’s evidence, place the respondent on
preventive suspension on a period not exceeding 90 days under any of the
following circumstances:
a. That the charge is serious or grave and the evidence of guilt is
strong; or
b. That there is evidence to show that the respondent is exerting efforts
to harass, intimidate, coerce, or unduly influence the complainant
and/or his witnesses into withdrawing his complaint or retracting his
sworn statement or that of his witnesses against the respondent or to
tamper with evidence.

When may a preventive suspension issued by the immediate superior officer


or supervisor be lifted?
A preventive suspension issued by the immediate superior officer or
supervisor may be lifted on any of the following grounds:
a. In the exigency of the service provided there is conformity by the
national or regional IAS which is undertaking the hearing;
b. When the prosecution or complainant has rested his case upon
certification by the national or regional IAS conducting the hearing;
and

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c. Failure to resolve the case within the period if 90 days which delay
is not the fault of the respondent. Take Note: The term “lifted” means
revoked or rescinded.

2. What is the Absence Without Official Leave (AWOL) and when can a policeman
be considered absent without official leave?
In general, Absence Without Official Leave (AWOL) is the status of any
official or employee who absents himself from work without approved leave
of absence. As applied to the commissioned and non – commissioned officers
of the Philippine National Police (PNP), it shall encompass but not
limited to the following:
a. Absence from place of work or assignment without approved
vacation leave;
b. Failure to report for duty after the expiration of approved leave
of absence;
c. Failure to give notice to his immediate superior officer of the
fact of his inability to report for work on account of sickness
or injury;
d. Failure to file appropriate application for sick leave after his
return for work attaching therewith the required medical
certificate;
e. Abandonment of work or assignment without prior approval of his
immediate superior office; and
f. Failure to report to his new assignment/unit within 3 days from
receipt of the order of reassignment or for reporting to a unit
where he is not officially assigned.

3. What is People’s Law Enforcement Board (PLEB)? State its composition.


The PLEB shall be the central receiving entity for any citizen’s
complaint against the officers and members of the PNP. It shall take
cognizance of or refer the complaint to the proper disciplinary or
adjudicatory authority within 3 days upon the filing of the complaint.
The Sangguniang Panlungsod/Bayan in every city and municipality
shall create such number of People’s Law Enforcement Boards (PLEBs) as
may be necessary but there shall be at least 1 PLEB for every 500 hundred
city or municipal police personnel and for each of the legislative
districts in a city.
Take Note: “Citizen’s complaint” is defined as a formal charge initiated
by a natural or juridical person or his/its duly authorized representative
or guardian or account of an injury, damage, or disturbance sustained as
a result of an irregular or illegal act or omission of a PNP member.

State the composition of PLEB:


The PLEB shall be composed of the following:
a. Any member of the Sangguniang Panlungsod/Bayan chosen by his
representative sanggunian;
b. Any Barangay Captain of the city or municipality concerned chosen by
the Association of Barangay Captains; and
c. 3 other members who are removable only for cause to be chosen by the
Local Peace and Order Council from among the respected members of the

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community known for their probity and integrity. 1 of said 3 members


must be a woman and another member of the Bar, or, in the absence
thereof, a college graduate, or the principal of the central elementary
school in the locality.

4. How shall Sangguniang Panlungsod/Bayan organize a PLEB within its


jurisdiction?
The Sangguniang Panlungsod/Bayan shall pass a resolution formally
organizing the members of the PLEB and a copy thereof shall immediately
be submitted to the City/Municipal Mayor who shall, within 5 days from
receipt of the same issue the appropriate executive order adopting the
resolution of the sanggunian concerned. A copy of said Executive Order
shall be given to the NAPOLCOM Regional Office within 10 days from
issuance.
Take Note: Membership in the PLEB is a civic duty. However, PLEB members
shall be paid per diem and shall be provided with life insurance coverage
as may be determined by the city or municipal council from city or
municipal funds. The DILG shall provide for the per diem and insurance
coverage of PLEB members in certain low income municipalities.
In addition, the members of the PLEB are considered persons in
authority under the Revised Penal Code.
The annual budget of the Local Government Units (LGU) shall include
an item and the corresponding appropriation for the maintenance and
operation of their local PLEBs.

5. How shall the chairman of the PLEB be elected and what is the term of his
office?
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 3
years from assumption of office. Such member shall hold office until his
successor shall have been chosen and qualified.
On other hand, the tenure of the office of a PLEB member who has
been designated as such by virtue of his election to the Sanguniang
panlungsod/bayan or his membership with the Association of Barangay
Captain (ABC) ends upon the expiration of his term of office as Sanguniang
Panglungsod/Bayan member or as Barangay Chairman. If re – elected, and
subsequently re – designated to the PLEB, he must take a new oath of
office.

6. What is the power and function of PLEB?


The PLEB has the power hear and decide citizen’s complants within
its jurisdiction filed against any member of the municipal police station
or city police station/office.

7. When can there be quorum in PLEB meetings?


The presence of 3 members of the PLEB shall constitute a quorum
provided, however, that a vote of at least 3 members shall be required in
rendering a decision.
If for any reason, the Chairperson is absent or is disqualified
from participating in a hearing, the members there being a quorum, shall
elect from among themselves a temporary Chairperson to perform the duties
of a Chairperson. When a PLEB member, after sufficient notice, fails or
refuses to attend the hearings and/or deliberations of the board without

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any valid and justifiable reason and it could not proceed for lack of
quorum, the Chairperson or the designated presiding officer may request
the Sangguniang Panlungsod/Bayan or the Liga ng mga Barangay or the
City/Municipal Peace and Order Council, as the case may be, to designate
a temporary representative to enable the body to constitute a quorum but
such temporary representative shall act as such only for that specific
case.

It is stated above that the chairperson (or member) may be disqualified


from participating in a hearing. What is the ground of said
disqualification?
The Chairperson or any member of the PLEB who is related to the
complainant or respondent by affinity or consanguinity within the 4th
civil degree shall be disqualified from participating in the proceeding
and the case shall be tried by the remaining members if there is still a
quorum.

8. What are the imposable penalties in an administrative case against


policemen?
The imposable penalties in an administrative case against policemen
are the following:
a. Suspension;
b. Demotion of not more than 1 rank or forced resignation; and
c. Dismissal

State the schedule of penalties:


The penalties for light, less – grave and grave offenses shall be
determined in accordance with the following schedules: a. Light offenses;
▪ Minimum period – 1 to 10 days suspension
▪ Medium period – 11 to 20 days suspension; and ▪ Maximum period
– 21 to 30 days suspension.
b. Less – grave offenses; and
▪ Minimum period – 31 to 45 days suspension
▪ Medium period – 46 to 60 days suspension; and ▪ Maximum period –
61 to 90 days suspension.
c. Grave offenses.
▪ Minimum period – 91 to 180 days suspension
▪ Medium period – Demotion/Forced resignation; and
▪ Maximum period – Dismissal

State the mitigating and aggravating circumstances that may be considered


in determining the penalty of the respondent PNP personnel:
In determining the penalty to be imposed, mitigating and aggravating
circumstances attendant to the commission of the offense shall be
considered and they are the following:
a. Mitigating circumstances; and
▪ Physical illness;
▪ Good faith;

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▪ Length of service in the government; and


▪ Analogous circumstances
Take Note: “Mitigating circumstances” are those which, if
present in the commission of the crime, do not entirely free
the actor from criminal liability, but serve only to reduce
the penalty.
b. Aggravating circumstances
▪ Taking advantage of official position;
▪ Taking undue advantage of subordinate;
▪ Undue disclosure of confidential information;
▪ Use of government property in commission of crime;
▪ Habituality;
▪ Offense is committed during office hours and/or within the
premises of the working office or building;
▪ Employment of fraudulent means to commit or conceal the
offense; and ▪ Analogous circumstances.
Take Note: “Aggravating circumstances” are those which, if
attendant in the commission of a crime, serve to increase the
penalty, without, however, exceeding the maximum of penalty
provided by law for the offense.

9. What are the effects of dismissal from the service of a police officer?
The dismissal from the service of a police officer shall result to
the following:
a. The cancellation of eligibility, retirement benefits, and
disqualification for re – employment in the police service; and
Take Note: A police officer who is dismissed from the service is still
entitled of his terminal leave credits.
“Terminal leave credits” represent the cash value of the accumulated
leave credits which should not be treated as compensation for services
rendered.
b. The confiscation of his service firearms and other paraphernalia by
the Chief of Police where he was assigned or by his immediate commander
tasked to implement the order.
Take Note: With respect to suspension from service of a police officer,
it is also mandatory for his service firearms and other paraphernalia
to be confiscated during the time of suspension.

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ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.


Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
COLLEGE OF CRIMINAL JUSTICE EDUCATION

APPENDIX H: Module 10 Practical Exercises

NAME: ___________________________ RATING:________________


SECTION: ________________________ DATE:__________________

INSTRUCTION. Answer the following questions briefly. Utilization of additional


sheet of paper if necessary is permissible. (10 pts. Each)

1. Mr. Dipa Tuli was punched and kicked several times by Police
Corporal Cardo Sipa so the former was hospitalized for 3 days. Because of
this, Mr. Tuli filed an administrative cased before the PLEB and a criminal
case before the court against Police Corporal Sipa. The next day, he again
filed the same administrative case against said policeman before the
NAPOLCOM. Is the act of Mr. Tuli in filing the second administrative case
proper? Yer or No.Why?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________________________________________________

2. May a policeman facing a criminal or administrative charge be given a


legal assistance while facing his case? Yes or
No. Why? (10 pts.)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________________________________________________

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MODULE 12

Learning Objectives:
At the end of the lesson, you should able to:
1. Understand the policies of the State in enacting Republic Act 9263;
2. Identify the purpose of creation of the Philippine Drug Enforcement Agency
(PDEA); and
3. Familiarize the history of National Bureau of
Investigation.

REPUBLIC ACT 9263

1. What is Republic Act 9263?


Republic Act 9263 is known as the Bureau of Fire Protection and
Bureau of Jail Management and Penology Professionalization Act of 2004.
It revised some provisions of RA 6975 especially those pertaining
to BFP and BJMP.

2. What are the policies of the State in enacting Republic Act 9263?
The policies of the State in enacting Republic Act 9263 are the
following:
a. The State to maintain peace and order, protect life, liberty and
property, and promote the general welfare essential for the enjoyment
by all the people of the blessings of democracy;
b. It shall recognizes the responsibility of the State to strengthen
government capability aimed towards the strengthening of the delivery
of basic services to the citizenry through the institutionalization of
highly efficient and competent fire and jail services;
c. In times of national emergency, the BFP and the BJMP along with the
Philippine National Police (PNP) shall, upon the direction of the
President, assist the Armed Forces of the Philippines (AFP) in meeting
the national emergency, in addition to the performance of their
inherent functions as mandated by law;
d. The uniformed personnel of the BFP and the BJMP, as members of the
uniformed service of the government under the Department of the
Interior and Local Government (DILG), are required the same amount of
sacrifice, service and dedication like their counterparts in the PNP
and the AFP to carry out their respective duties to the extent of
risking their lives and limbs; and
e. The State shall provide for the professionalization and restructuring
of the BFP and the BJMP by upgrading the level of qualifications of
their uniformed personnel and standardizing their base pay, retirement
and other benefits, making it at par with those of the PNP and the
AFP.

3. State the organization of officers of the Bureau of Fire Protection (BFP)


and Bureau of Jail Management and Penology (BJMP)
Each of the BFP and BJMP shall have the following organization:
a. National Office

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▪ First officer in Command – The Chief with a rank of


Director. The chief of BFP shall be known as Chief of the
Fire Bureau and the Chief of the BJMP shall be known as
Chief of the Jail Bureau. They shall serve a tour of duty
not to exceed 4 years. However, that in times of war or
other national emergency declared by Congress, the
President may extend such tour of duty.
▪ Second officer in Command – Deputy Chief for Administration
with a rank of Chief Superintendent. He shall have the
position title of Deputy Chief for Administration with a
rank of Chief Superintendent. He shall have the position
title of Deputy Chief for Administration of the Fire Bureau
and Deputy Chief for Administration of the Jail Bureau.
▪ Third officers in Command – Deputy Chief for
Operation with the rank of Chief
Superintendent. He shall have the position title of Deputy
Chief for Operation of BFP and Deputy Chief for Operation
of BJMP.
▪ Fourth officer in Command – Chief of Directorial Staff
with the rank of Chief Superintendent. He shall have a
title of Chief
of Directorial Staff of the BFP and Chief of Directorial
of the BJMP, who shall be assisted by the directors of the
directorates in the respective national headquarters
office with at least the rank of Senior Superintendent.
b. Regional Office
The regional office are to be maintained in each of the
administrative regions of the country which shall be respectively
headed by a Regional Director for Fire Protection and a Regional
Director of Jail Management and Penology with the rank of Senior
Superintendent.
The Regional Director of BFP or BJMP shall be assisted by
the following officers with the rank of Superintendent:
▪ Assistant Regional Director for Administration;
▪ Assistant Regional Director for Operations; and
▪ Regional Chief of Directorial Staff
4. What are the minimum requirement for entering the BFP and the BJMP?
No person shall be appointed as uniformed personnel of the BFP and
BJMP unless he/she possesses the following minimum qualifications:
c. A citizen of the Republic of the Philippines;
d. A person of good moral character;
e. Must have passed the psychiatric/psychological, drug and
physical tests for the purpose of determining his/her physical
and mental health;
f. Must possess a baccalaureate degree from a recognize institution
of learning;
g. Must possess the appropriate civil service eligibility;
h. Must have not been dishonorably discharged or dismissed for cause
from previous employment;

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i. Must not have been convicted by final judgment of an offense or


crime involving moral turpitude;
j. Must not less than 21 nor more than 30 years of age;
k. Must be at least one meter and sixty-two centimeters (1.62 m.)
in height for male, and one meter and fifty-seven centimeters
(1.57 m.) for female: Provided, That a waiver for height and age
requirements shall be automatically granted to applicants
belonging to the cultural communities; and
l. Must weigh not more or less than five kilograms (5 kgs.) from
the standard weight corresponding to his/her height, age and
sex.
Take Note: The minimum qualifications in entering the BFP and BJMP
are the same with those of the PNP.
There is only one substantial distinction between the age of
requirement in entering the PNP and that of the BFP/BJMP. Said
substantial distinction is in case the applicant to the BFP or BJMP
was previously with government service, the age difference when the
number of years in the government service is subtracted from his or
her actual age. At the time of appointment, however, his or her age
must not exceed 40 years and his separation from the government
service was not for a cause.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

1. What is the purpose of creation of The Philippine Drug Enforcement Agency


(PDEA)?
The Philippine Drug Enforcement Agency (PDEA) was established to
carry out the provisions of Republic Act 9166. It serves as the
implementing arm of the Dangerous Drug Board (DDB) and shall be
responsible for the efficient and effective law enforcement of all the
provisions on any dangerous drug and/or controlled precursor and essential
chemical as provided in the law.

2. What is the Organizational set – up of the PDEA?


The PDEA shall be headed by a Director General with the rank of
Undersecretary, who shall be responsible for the general administration
and management of the Agency. The Director General of the PDEA shall be
appointed by the President of the Philippines and shall perform such other
duties that may be assigned to him/her. He/she must possess adequate
knowledge, training and experience in the field of dangerous drugs, and
in any of the following fields: law enforcement, law, medicine,
criminology, psychology or social work.
The Director General of the PDEA shall be assisted in the
performance of his/her duties and responsibilities by two (2) deputy
director generals with the rank of Assistant Secretary, one for Operations
and the other one for Administration. The two (2) deputy director generals
shall likewise be appointed by the President of the Philippines upon
recommendation of the Board. The two (2) deputy director generals shall
possess the same qualifications as those of the Director General of the
PDEA. The Director General and the two (2) deputy director generals shall
receive the compensation and salaries as prescribed by law.
Take Note:

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The present Secretariat of the National Drug Law Enforcement and


Prevention Coordinating Center (DEP Center) as created by Executive Order
No. 61 shall be accordingly modified and absorbed by the PDEA.
The Director General of the PDEA shall be responsible for the
necessary changes in the organizational set-up which shall be submitted
to the Board for approval.

3. What are the National Staff Services of PDEA?


The PDEA have the following National Services headed by Directors,
namely:
a. Administrative Staff
▪ Administrative and Human Resource Service (AHRS);
▪ Financial Management Service (FMS);
▪ Logistics Management Service (LMS); and
▪ Internal Affairs Service (IAS)
b. Operational Staff
▪ Intelligence and Investigation Service (IIS);
▪ Plans and Operations Service (POS);
▪ Legal and Prosecution Service (LPS);
▪ Compliance Service (CS);
▪ International Cooperation and Foreign Affairs Service
(ICFAS);
▪ Preventive Education and Community Involvement
Service (PECIS);
▪ Special Enforcement Service (SES); and
▪ Laboratory Service (LS)

4. What is the purpose of creating the PDEA Academy?


The PDEA Academy shall be responsible in the recruitment and
training of all PDEA agents and personnel. The Board shall provide for
the qualifications and requirements of its recruits who must be at least
twentyone (21) years old, of proven integrity and honesty and a
Baccalaureate degree holder.
The graduates of the Academy shall later comprise the operating
units of the PDEA after the termination of the transition period of five
(5) years during which all the intelligence network and standard operating
procedures of the PDEA has been set up and operationalized.
The Academy shall be headed by a Superintendent, with the rank of
Director. He/she shall be appointed by the PDEA Director General.

Take Note:
Under the Implementing Rules and Regulation of Republic Act 9165,
the PDEA Academy shall be established either in Baguio or Tagaytay City,
and in such other places as may be necessary upon the approval of the
Dangerous Drugs Board.
It was, however, actually established at Camp Gen. Mariano N.
Castaneda, Tartaria, Silang, Cavite.

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5. What are the qualifications of applicants in the PDEA Academy?


Interested applicants must possess the following minimum
qualifications:
a. 21 to 35 years old (men and women);
b. At least 5’2” in height for men and 5’ in height for women;
c. Holder of a baccalaureate degree; and
d. A career service professional eligible, a board passer, or
qualified by the Civil Service Commission under special laws.

6. What are the powers and duties of Philippine Drug Enforcement Agency?
a. Implement or cause the efficient and effective implementation of
the national drug control strategy formulated by the Board
thereby carrying out a national anti-drug campaign program which
shall include drug law enforcement, control and prevention
campaign with the assistance of concerned government agencies;
b. Undertake the enforcement of the provisions of Article II of the
Act relative to the unlawful acts and penalties involving any
dangerous drug and/or controlled precursor and essential
chemical and investigate all violators and other matters involved
in the commission of any crime relative to the use, abuse or
trafficking of any dangerous drug and/or controlled precursor
and essential chemical as provided for in the Act and the
provisions of
Presidential Decree No. 1619;
c. Administer oath, issue subpoena and subpoena duces tecum relative
to the conduct of investigation involving the violations of the
Republic Act 9165;
d. Arrest and apprehend as well as search all violators and seize
or confiscate, the effects or proceeds of the crimes as provided
by law and take custody thereof, for this purpose the prosecutors
and enforcement agents are authorized to possess firearms, in
accordance with existing laws;
e. Take charge and have custody of all dangerous drugs and/or
controlled precursors and essential chemicals seized,
confiscated or surrendered to any national, provincial or local
law enforcement agency, if no longer needed for purposes of
evidence in court;
f. Establish forensic laboratories in each PNP office in every
province and city in order to facilitate action on seized or
confiscated drugs, thereby hastening the destruction of the same
without delay;
g. Recommend to the DOJ the forfeiture of properties and other
assets of persons and/or corporations found to be violating the
provisions of the Act and in accordance with the pertinent
provisions of the
Anti-Money Laundering Act of 2001;
h. Prepare for prosecution or cause the filing of appropriate
criminal and civil cases for violation of all laws on dangerous
drugs, controlled precursors and essential chemicals, and other

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similar controlled substances, and assist, support and


coordinate with other government agencies for the proper and
effective prosecution of the same;
i. Monitor and if warranted by circumstances, in coordination with
the Philippine Postal Office and the Bureau of Customs, inspect
all air cargo packages, parcels and mails in the central post
office, which appear from the package and address itself to be
a possible importation of dangerous drugs and/or controlled
precursors and essential chemicals, through on-line or cyber
shops via the internet or cyberspace;
j. Conduct eradication programs to destroy wild or illegal growth
of plants from which dangerous drugs may be extracted;
k. Initiate and undertake the formation of a nationwide organization
which shall coordinate and supervise all activities against drug
abuse in every province, city, municipality and barangay with
the active and direct participation of all such local government
units and non-government organizations, including the citizenry,
subject to the provisions of previously formulated programs of
action against dangerous drugs;
l. Establish and maintain a national drug intelligence system in
cooperation with law enforcement agencies, other government
agencies/offices and local government units that will assist in
its
apprehension of big-time drug lords;
m. Establish and maintain close coordination, cooperation and
linkages with international drug control and administration
agencies and organizations, and implement the applicable
provisions of international conventions and agreements related
to dangerous drugs to which the
Philippines is a signatory;
n. Create and maintain an efficient special enforcement unit to
conduct investigation, file charges and transmit evidence to the
proper court, wherein members of the said unit shall possess
suitable and adequate firearms for their protection in connection
with the performance of their duties: Provided, that no previous
special permit for such possession shall be required;
o. Require all government and private hospitals, clinics, doctors,
dentists and other practitioners to submit a report to it, in
coordination with the Board, about all dangerous drugs and/or
controlled precursors and essential chemicals which they have
attended to for data and information purposes;
p. Coordinate with the Board for the facilitation of the issuance
of necessary guidelines, rules and regulations for the proper
implementation of the
Act;
q. Initiate and undertake a national campaign for drug abuse
prevention and drug control programs, where it may enlist the
assistance of any department, bureau, office, agency or
instrumentality of the government, including government-owned
and/or controlled corporations, in the anti-illegal drugs drive,
which may include the use of their respective personnel,
facilities, and resources for a more resolute detection and

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investigation of drug-related crimes and prosecution of the drug


traffickers; and
r. Submit an annual and periodic reports to the Board as may be
required from time to time, and perform such other functions as
may be authorized or required under existing laws and as directed
by the President himself/herself or as recommended by the
Congressional Committees concerned.

Take Note: To enforce the powers and duties of PDEA, the Board
Regulation no. 4 series of 2016 has been issued by the Dangerous
Drug Board.

7. What is Dangerous Drugs Board Regulation No. 4 series of 2016?


It is also known as Oplan Sagip – Guidelines on voluntarily
surrender drug users and dependents and monitoring mechanism of Barangay
Anti – Drug Abuse Campaigns.

8. What are the objectives of Dangerous Drugs Board Regulation No. 4 series
of 2016?
This Regulation aims to establish clear guidelines and specific
procedures to be followed by national government agencies, law enforcement
agencies, Anti – Drug Abuse Councils (ADACs) of local government units
and cause – oriented non – government organizations in dealing with drug
personalities who voluntarily surrendered to authorities and assessed as
drug users or dependents.

This Regulation also provides for a mechanism to monitor compliance with the
Act and other related guidelines issued by the Department of Interior and Local
Government (DILG) pertaining to the campaign against the use of illegal drugs
in the barangay level.

MODULE 13

Learning Objectives:
At the end of the lesson, you should able to:
1. Understand the policies of the State in enacting Republic Act 9263;
2. Identify the purpose of creation of the Philippine Drug Enforcement Agency
(PDEA); and
3. Familiarize the history of National Bureau of
Investigation.

NATIONAL BUREAU OF INVESTIGATION (NBI)

1. State the brief history of National Bureau of Investigation.

Division of Investigation

On November 13, 1936, a Division of Investigation (DI) was created under the
Department of Justice by virtue of Commonwealth Act No. 181 by the First National
Assembly. Section 1 of Commonwealth Act No. 181 provides that “A Division of
Investigation under the Department of Justice is hereby created. It shall be

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composed of such personnel as may be necessary, in the discretion of the


Secretary of Justice, and its duties shall be to help in the detection and
prosecution of crimes; to acquire, collect, classify and preserve criminal
identification records; and to obtain information on all matters affecting the
public interest.”
The Division of Investigation (DI) was the idea of the late Commonwealth
President Manuel L. Quezon and the then Secretary of Justice Jose Yulo. A
veteran American police officer, Capt. Thomas Duggan of the New York Police
Department (NYPD) and the only Filipino member of the United States Federal
Bureau of Investigation (FBI), Flaviano Guerreo, were hired by the Philippine
government to organize the Division of Investigation (DI) of the Department of
Justice.
The formation of the DI generated considerable public interest and more than
3,000 applied for the initial 48 positions of NBI Agent. Physical and medical
examinations were conducted by doctors from Philippine General Hospital and San
Lazaro Hospital. Of the 3,000 applicants, only 150 were allowed to take the
mental test and, of this number, less than 100 passed. After further screening,
48 were certified for employment and of these successful candidates, only 45
actually accepted appointments as Agents.
The DI was then formally organized in 1937 and was composed of 45 Agents and
approximately 100 officials and employees. These included lawyers, doctors,
chemists, fingerprint technicians, photographers, research assistants, clerks,
stenographers, janitors and messengers. The DI office operated in Manila, where
its Agents and technical personnel were dispatched to the provinces from time
to time to investigate crimes of public interest or when the necessity arose.
The DI operation was suspended upon the surrender of the Commonwealth
Government to the occupying Japanese forces during World War II. The Japanese,
however, revived the DI and allowed it to function as a division under the
Department of Justice until the establishment by the Japanese of the Philippine
Republic under President Jose P. Laurel. During the Laurel administration, the
DI was merged with the Secret Service Division of the Metropolitan Constabulary
(Manila Police Department or MPD) and the Intelligence Unit of the Japanese run
Philippine Constabulary.
Upon the liberation of the Philippines by combined Filipino and American forces
in 1945, the DI was not immediately reorganized since most of its original
members were seconded in the service of the United States Army
Counterintelligence Corps (CIC). After the surrender of Japan in August 1945,
the DI was reactivated and the original members were called back to the service.
The reactivated DI started with no records or equipment in order to prevent
classified documents and equipment from falling into the hands of the Japanese.
In 1947, as the Philippine struggled to recover from the ravages of war,
criminality in all its forms increased dramatically straining the meager
resources of the newly reorganized police service in combating effectively
sophisticated organized crime groups and the solution of complex crimes. Due to
the increase of lawlessness in the land, DI personnel agitated for the
conversion of the Division of Investigation into a Bureau, believing that an
enlarged, highly professional and better equipped Bureau similar to that of the
American Federal Bureau of Investigation was needed to effectively fight
organized crime groups and solve crime of a complex nature.

Bureau of Investigation
In response, the Congress filed House Bill No. 1162 eventually became Republic
Act No. 157. Republic Act 157 was approved by Congress and enacted into law on
June 19, 1947. For all intents and purposes, the Bureau of Investigation (BI)
was patterned after the Federal Bureau of Investigation (FBI) in organization,

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functions and objectives. The FBI also evolved into its present size from humble
beginnings as a division of the United States Department of Justice.

National Bureau of Investigation

The Bureau of Investigation was later renamed the National Bureau of


Investigation (NBI) by virtue of Executive Order No. 94, issued on 4 October
1947, by the late President Manuel A. Roxas.
The National Bureau of Investigation (NBI) is a line agency under the Department
of Justice and serves as the premier investigative agency of government. The
agency director is a Presidential appointee and serves under the trust and
confidence of the President and the Secretary of Justice (SOJ).

2. What are the powers and functions of the NBI?


The NBI shall have the following powers and functions:
a. Undertake investigation and detection of crimes and offenses
enumerated under Section 5 of Republic Act
10867;
b. Issue subpoena for the appearance of any person for investigation
or production of documents, through its officers from the ranks of
Regional Director to
Director;
c. Act as a national clearing house of criminal records and other
related information for the benefit of the government;
d. Render technical assistance to government agencies and
instrumentalities, when so requested;
e. Extend assistance in cases involving extradition and mutual legal
assistance, when requested by the
Department of Justice;
f. Establish an NBI Academy which shall be responsible for the
recruitment, training, and development of all
NBI agents and personnel, among others;
g. Establish and maintain a Forensic and Scientific Research Center
which shall serve as the primary center for forensic and scientific
research in furtherance of scientific knowledge in criminal
investigation, detection, evidence collection and preservation, and
provide the necessary training therefor;
h. Establish and maintain a Cyber Investigation and Assessment Center
which shall serve as the nerve center for computer information
technologies, data on cybercrime cases, computer intrusion,
threats, and other related crimes or activities;
i. Establish and maintain an integrated, comprehensive, and state-of-
the-art network of equipment and facilities to be used by the NBI
in its criminal investigation, detection, and evidence gathering,
and to provide the corresponding training in this regard;
j. Request the assistance of the Philippine National Police (PNP),
Armed Forces of the Philippines, or any other agency of the
government, including governmentowned and/or -controlled
corporations, in its anticrime drive. Such assistance may include
the use of the agency’s personnel and facilities upon prior approval
by the head of the agency concerned;

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k. Conduct intelligence operations in furtherance of the foregoing


powers and functions;
l. Enter into any contract or transaction for the acquisition,
ownership, possession, administration, lease, disposition or
acceptance of real or personal property in its name, subject to the
approval of the
Secretary of Justice;
m. Establish a modern NBI Clearance and Identification Center
containing all derogatory and criminal records and civilian
identification records, including their identifying marks and
characteristics and fingerprint database, as well as dental records
pursuant to Presidential Decree No. 1575, entitled “Requiring
Practitioners of Dentistry to Keep Records of Their
Patients”;
n. Maintain, for purposes of investigative and forensic requirements
of the NBI, relevant database such as ballistic records of firearms
including, but not limited to, data ownership, possession, and other
related identifying circumstances; and
Deoxyribonucleic Acid (DNA) databank; and
o. Perform such other functions as the President or the Secretary of
Justice may assign.

3. What are the specific crimes falling under the primary jurisdiction of
NBI to undertake investigations?
The following are the specific crimes falling under the primary
jurisdiction of NBI to undertake investigations:
a. Human Trafficking cases in all airports in the
Philippines;
b. Extrajudicial/Extra-legal killings committed by the state’s security
forces against media practitioners and activists;
c. Killings of justices and judges;
d. Violation of Republic Act No. 10175, otherwise known as the “Cybercrime
Prevention Act”;
e. Cases referred by the Inter-Agency Anti-Graft
Coordinating Council (IAGCC);
f. Violations of the Anti-Dummy Law;
g. Cases involving threats to security or assaults against the persons of
the President, Vice President, Senate President, Speaker of the House
of Representatives, and
Chief Justice of the Supreme Court;
h. Transnational crimes pursuant to existing international agreements;
i. Identification of the dead/victims in case of mass fatality incidents
caused by natural disasters; and
j. Violations of commercial, economic, and financial or white-collar
crimes such as, but not limited to, those punishable under Republic
Act No. 8792, otherwise known as “E-Commerce Act of 2000”; Republic
Act No. 8484, otherwise known as “Access Devices Regulations Act of
1998”; Republic Act No. 8293, otherwise known as “Intellectual Property
Code of the Philippines”; Republic Act No. 8799, otherwise known as
“Securities Regulation

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Code”; Presidential Decree No. 1689, otherwise known as “Decree


Increasing the Penalty for Certain Forms of Estafa”, and other similar
penal statutes that may be enacted by Congress.

The President or the Secretary of Justice may direct the NBI to undertake
the investigation of any crime when public interest so requires.
Once the NBI takes cognizance of any of the aforementioned cases, the PNP
and other law enforcement agencies/investigative entities shall collaborate
with and render assistance to the NBI. In cases where jurisdiction is vested
exclusively and/or primarily with the PNP or other law enforcement
agency/investigating agency, the NBI shall collaborate with and render
assistance to the same.

4. State the organization structure of National Bureau of Investigations.


The organizational structure of the NBI in the national office shall
be the following:
a. Office of the Director;
b. Office of the Deputy Director for Administration;
c. Office of the Deputy Director for Operations;
d. Offices of the Assistant Directors for:
▪ Investigation Service;
▪ Intelligence Service;
▪ Comptroller Service;
▪ Human Resource and Management Service;
▪ Forensic and Scientific Research Service;
▪ Legal Service; and
▪ Information and Communications Technology Service.

Each service shall be composed of the necessary divisions and sections.


The NBI shall establish a Regional Office in every region to be headed by
a Regional Director and District Offices in every province to be headed by a
Head Agent. Field Offices may also be established and maintained by the Director
as the need arises.

5. How shall these key officials of NBI appointed?


The NBI Director shall be appointed by the President and shall have
the rank, salary, and benefits equivalent to that of an Undersecretary.
No person shall be appointed Director unless he or she is:
a. A natural-born citizen of the Philippines; and
b. A member of the Philippine Bar who has been engaged in the practice of
law for at least fifteen (15) years, preferably from within the ranks
of Directors.

The Assistant Regional Directors to Deputy Directors shall likewise


be appointed by the President of the Philippines, coming from the ranks
of the NBI, upon the recommendation of the Secretary of Justice.
No person shall be appointed Deputy Director or Regional Director
unless he or she is:
a. A citizen of the Philippines; and

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b. A member of the Philippine Bar who has been engaged in the


practice of law for at least ten (10) years for the Deputy
Director and for at least five (5) years for the Regional
Director.
6. What are the powers and functions of the NBI Director?
The NBI Director shall have the following powers and functions:
a. Formulate policies, guidelines, and programs to effectively carry out
the purposes of Republic Act 10867;
b. Direct, control, and supervise the administration and operations of
the NBI;
c. Promulgate rules and regulations as may be necessary or proper for the
effective exercise of the powers and functions of the NBI, as well as
the discharge of the duties and responsibilities of its officials and
personnel;
d. Determine, from time to time, subject to availability of funds and the
approval of the Secretary of the Department of Budget and Management
(DBM), the limit of reasonable allowances, incentives, bonuses,
privileges, and other benefits which may be given to the NBI personnel;
e. Create or abolish any division/unit and positions therein as may be
required by the exigencies of the service, subject to the endorsement
of the Secretary of Justice and approval of the DBM;
f. Deploy any of its officials or personnel for missions abroad including,
but not limited to, assignments as functionaries attached to any
Philippine Embassy, consulate, or any other diplomatic office abroad
in coordination with the Department of Foreign Affairs (DFA);
Any expense incurred by the NBI representative in the
establishment of his or her office, including operation and
maintenance, is shouldered by the NBI;
g. Hire consultants, subject to pertinent laws and rules, as may be deemed
required by the exigencies of the service;
h. Issue mission orders and permits to carry duly licensed firearms
outside residence to its agents, organic personnel assisting in the
investigation, and other duly deputized personnel of the Department of
Justice assisting the NBI in their investigative work;
i. Designate NBI informants for investigative purposes;
j. Remove, suspend, or otherwise discipline NBI agents and personnel for
cause in accordance with Civil Service
Rules and Regulations and other pertinent laws;
k. Determine and impose administrative fees;
l. Perform any and all acts necessary, proper, or incidental to the
attainment of the purposes and objectives of
Republic Act 10867; and
m. Perform such other functions as may be provided by law or authorized
by the Secretary of Justice.
7. What are the qualifications and powers and functions of NBI Agents?
The minimum qualifications of NBI agents are the following:
a. Citizen of the Philippines;
b. Of good moral character;

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c. A member of the Philippine Bar or a holder of a Baccalaureate Degree


who passed the necessary government licensure examination relevant to
the investigative functions of the NBI; and
d. Successfully passed the competitive mental and physical examinations
required by the NBI.

The agents of the NBI shall have the following powers and functions:
a. Undertake investigations pursuant to the mandate of the
NBI;
b. Conduct searches, arrests, and seizures in accordance with existing laws,
rules and regulations;
c. Take and require sworn statements of any person or persons so summoned in
relation to cases under investigation;
d. Administer oaths in cases under investigation; and
e. Such other functions as may be assigned by the NBI Director.

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