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Lea 1

lesson

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kayla.delmonte
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LEA 1-Law Enforcement Organization and Administration

(Inter-agency Approach)

Evolution of Policing System

ANGLO-SAXON PERIOD (Ancient England)

A. TUN POLICING SYSTEM


- Forerunner of the word “TOWN”
- Under this system, all male residents are required to guard the town to preserve
the peace, maintain order, and protect life and property from harm and disturbance.

✓Tithing – 10 families
✓Tithingman – leader of a tithing
✓Reeve – leader of 10 tithing
✓Tithingman and Reeve – possessed judicial power as well as police authority
B. HUE AND CRY
- A village law stated in Britain which provided methods of apprehending criminal by an
act of the complainant to shout to call all male residents to assemble and arrest
the suspect.

C. TRIAL BY ORDEAL
- A judicial practice wherein the guilt or innocence of the accused is determined by
subjecting him to unpleasant, usually dangerous experience.

Ordeal – from medieval Latin word “Dei Indicum” which means “a miraculous
decision”.

NORMAN PERIOD

A. SHIRE-RIEVE
- Said to be the origin of the word “Sheriff”
- A policing system during Norman period when England was divided into fifty-five (55)
military areas called shires, each headed by a ruler called reeve. The shire-rieve had
absolute powers that no one could questions his or her actions.
- Two (2) constabuli were appointed to each village to aid the Reeve in his duties.

B. TRAVELLING JUDGE
- A judge selected to hear cases which were formerly being judge by the shire-rieve and
tasked to travel through and hear criminal cases.
- This was the first instance of the division of the police and judicial power.

C. LEGES HENRICI OR LAWS OF HENRY I


- An act that was enacted during this period with the following features:
- Policeman becomes public servant
- The police and citizens have the broad power to arrest. Thus, introduced the system
called citizen’s arrest.
- Grand Jury was created to inquire on the facts of the law. A system which made
inquisition onto the facts of the crime and eliminate the anglo-saxon trial or trial by
ordeal system.

D. FRANKPLEDGE SYSTEM
- A system of policing whereby a group of ten (10) neighboring male residents over
twelve (12) years of age were required to guard the town to preserve peace and
protect the lives and properties of the people.

WESTMINSTER PERIOD

A. Statute of Westminster of 1285


- a collection of regulations aimed at keeping the peace.
- Guards were appointed and the duties of the constables were defined.

B. STATUTE OF 1295
- The law that marks the beginning of the curfew hours, which demanded the closing
of gates of London during sundown.

C. JUSTICE OF THE PEACE (about 1361)


- Three or four men who were learned in the law of the land were given authority to
arrest, chastise, and imprisonment violators of the law.

D. STAR CHAMBER COURT (1487)

- A special court designed to try offenders against the state. The room set-up is
formed in the shape of star and judges were given great powers such as the power
to force testimony from a defendant leading to a great abuse of power or brutality on
the part of the judges.

E. KEEPERS OF THE PEACE


- A proclamation issued by King Richard of England sometime in 1195 that required the
appointment of knights to keep the King’s peace by standing as guards on
bridges and gates while checking the people entering and leaving the cities and
towns.

F. KING CHARLES II OF ENGLAND


- Passed an act established or promoted the employment of watchmen or bellmen to
be on duty from sunset to sunrise.

G. MAGNA CARTA OR “THE GREAT CHAMBER”


- A law promulgated by King John of England upon the demand of the knights of the
round table forcing the King to sign the same with the following features:
- No free man shall be taken, imprisoned, banished or exiled, except by legal
judgement of his peers.
- No person shall be tried for murder unless there is proof of the body of the
victim.

MODERN POLICING PERIOD

MODERN POLICING SYSTEM

- In 1829, Sir Robert Peel introduced the Metropolitan Police Act which established
a full-time, professional and centrally-organized police force for the greater London
area.

- He is regarded as the Father of Modern Policing System.


PRINCIPLES BY LAW ENFORCEMENT ADVOCATED
BY SIR ROBERT PEEL
• Prevention of crime is the basic mission of the police.
• Police must have the full respect of the citizenry.
• Cooperation of the public decreases as the use of force increases.
• Police must render impartial enforcement of the law.
• Physical force is used only as the last resort.
• The absence of crime and disorder is the test of police efficiency.
Law Enforcement Organization and Administration Concepts
LAW – system of rules that particular country or community recognizes as regulating
the actions of its members and may enforce by the imposition of penalties.

ENFORCEMENT – compel obedience of the law, regulation or command.

ORGANIZATION – group of person working together for a common goal or objective.

ADMINISTRATION – An organizational process concerned with the implementation


of objectives and plans and internal operating efficiency.

ORGANIZATIONAL STRUCTURE
- The systematic arrangement of the relationship of the members, positions,
departments and functions or work of the organization. It is comprised of functions,
relationships, responsibilities and authorities of individuals within the organization.

ORGANIZATIONAL CHART
- An illustration in the form of a chart which represents the organizational structure.
The mechanical means of depicting the organizational structure.

TYPES OF ORGANIZATIONAL STRUCTURE

1. LINE ORGANIZATION
- The straight-line organization, often called the individual, military or
departmental type of organization.
- Simplest and perhaps the oldest type; but it is seldom encountered in
its channels of authority and responsibility.
- Direct line from top to bottom within the structures.
- Authority is definite and absolute.

2. FUNCTIONAL ORGANIZATION

- Rarely found in present day organizations, except at or near the top of the very
large organizations.

- Organized on a functional basis violate the prime rule that men perform best when
they have but one superior.

- The functional responsibility of each “functional manager” is limited to the particular


activity over which he has control.
3. LINE AND STAFF ORGANIZATION
- It is the combination of the line and functional types.

- It combines staff specialist such as the criminalists, the training officers, the research
and development specialists, etc.

- Channels of responsibility is to “think and provide expertise” for the line units.
- The line supervisor must remember that he obtains advice from the staff
specialists.

CLASSIFICATION OF LINE, STAFF AND AUXILIARY FUNCTION

1. Line Functions
- Such as patrol, criminal investigation, and traffic control as well as supervision
of personnel performing these operation.

a. Carry out the major purposes of the police department


b. Delivering the services provided by the department
c. Dealing directly with the departments clientele
d. Making final decisions with respect to the activities they perform

2. STAFF FUNCTION
- Are those operations designed to support the line functions. Staff members are
necessarily advisors, often civilians with specialized training which main function is to
study police policies and offer proposals to chief executive of the department.

a. Highly specialized
b. Involved in an advisory capacity
c. Detached from the public
d. Not directly responsible for the decisions made by department executive.

3. AUXILIARY FUNCTION

- Involve the logistical operations of the department. These include training,


communications, maintenance, record keeping, motor vehicles, and equipment and
similar operations.

ELEMENTS OF ORGANIZATION

1. SPECIALIZATION
- is the assignment of particular workers to particular tasks
2. HIERARCHY OF AUTHORITY
- A hierarchy represents formal relationship among superiors and
subordinates in any given organization. It can be visualized as a ladder, with each
rung (or rank) representing a higher or lower level of authority.

3. AUTHORITY

- It is the right to command and control the behavior of employees in lower positions
within an organizational hierarchy. A hierarchy thus serves as the framework for the
flow of authority downward (and obedience upward) through the department.

4. SPAN OF CONTROL

- Is the minimum number of subordinates at a given position that superior can


supervise effectively.

5. DELEGATION OF AUTHORITY
- Is the conferring of an amount of authority by a superior position onto a lower-level
position.

6. UNITY OF COMMAND
- Employees should have only one superior.

7. FORMAL COMMUNICATIONS
- Process of sharing and understanding an information on common subjects.

PRINCIPLES OF ORGANIZATION

1. Principles of Unity of Objectives


- An organization is effective if it enables the individuals to contribute to the
organization’s objectives.

2. Principle of Organizational Efficiency


- Organization structure is effective if it is structured in such a way to aid the
accomplishment of the organization’s objectives with a minimum cost.

3. Scalar Principle
- Shows the vertical hierarchy of the organization which defines an unbroken chain
of units from top to bottom describing explicitly the flow of authority.

a. Line of Authority and Chain of Command – it suggest that communication should


ordinarily go upward through established channels in the hierarchy.
b. Span of Control – of a supervisor over personnel or units shall not mean more than
what he can effectively direct and coordinate. In span of control, levels of authority
shall be kept to a minimum.

c. Delegation of Authority – shall carry with it a commensurate authority and the person
to whom the authority is delegated shall be held accountable therefore, it implies that
delegation must carry with it appropriate responsibility

4. Functional Principle
- Refers to division of work according to specialization.

5. Line and Staff


- Implies that a system of varied functions arrange into a workable pattern. The line
organization is responsible for the direct accomplishment of the objectives while the
staff is responsible for support, advisory or facilitative capacity.

6. Principle of Balance
- States that the application of principles must be balanced to ensure the effectiveness
of the structure in meeting organization’s objectives.

7. Principle of Delegation by Results


- States that authority delegated should be adequate to ensure the ability to
accomplish expected results.

8. Principles of Absoluteness of Responsibility


- Explains that the responsibility of the subordinates to their superior for performance is
absolute and the superior cannot escape responsibility for the organization on
activities performed by their subordinates.

9. Principle of Parity and Responsibility


- Explains that responsibility for action cannot be greater than that implied by the
authority delegated nor should it be less.

10. Authority Level Principle

- Implies that decisions within the authority of the individual commander should
be made by them and not be returned upward in the organizational structure.

11. Principle of Flexibility

- Means that the more flexible the organization, the more it can fulfill its purpose.
OTHER PRINCIPLES OF POLICE ORGANIZATION:

a. According to Function

- According to the nature of the basis to be performed. Similar and related duties may
be assigned to each other.

b. According to Time Frame

- Most elementary form of police organization. Elements are divided into many shifts
or watches according to the time of the day.

ORGANIZATIONAL UNITS

A. FUNCTIONAL UNITS (BDSU)

BUREAU – the largest organic functional unit within a large department. It comprises
of numbers of divisions.

DIVISION – a primary subdivision of a bureau.

SECTION – functional unit within a division that is necessary for specialization.

UNIT – functional group within a section or the smallest functional group within an
organization.

11 ADMINISTRATIVE SUPPORT UNITS (ASU)


• Logistics Support Service (LSS)
• Information Technology Management Service (ITMS)
• Finance Service (FS)
• Health Service (HS)
• Communication and Electronics Service (HSS)
• Chaplain Service (CHS)
• Legal Service (LS)
• Headquarters Support Service (HSS)
• Engineering Service (ES)
• Training Service (TS)
• PNP Retirement and Benefits Administration Service (PRBS)
12 OPERATIONAL SUPPORT UNITS (OSU)
• Maritime Group (MG)
• Intelligence Group (IG)
• Police Security and Protection Group (PSPG)
• Criminal Investigation and Detection Group (CIDG)
• Special Action Force (SAF)
• Aviation Security Group (AVSEGROUP)
• Highway Patrol Group (HPG)
• Police-Community Relations Group (PCRG)
• Civil Security Group (CSG)
• Crime Laboratory (CL)
• PNP Anti-Kidnapping Group (PNP-AKG)
• PNP Anti-Cybercrime Group (PNP-ACG)

B. TERRITORIAL UNITS: (PoRBSAD)

POST – a fixed point or location to which an officer is assigned for duty, such as a
designated desk or office or an intersection or cross walk from traffic duty. It is a spot
location for general guard duty.

ROUTE – a length of streets designated for patrol purposes. Also called as LINE BEAT.

BEAT – an area assigned for patrol purposes, whether foot or motorized.

SECTOR – an area containing two or more beats, routes, or post.

AREA – a section or territorial division of a large city each comprised of designated


districts.

DISTRICT – a geographical subdivision of a city for patrol purposes, usually within its
own station.

ADMINISTRATION
GULICK AND URWICK
- Pioneers of “The Science of Administration”. In this book, they have described the
major functions of administration using the acronym POSDCoRB.

1. PLANNING
- Working out in broad outline the things that need to be done and the methods for doing
them to accomplish the purpose set for the enterprise. Process of selecting goals
and determining how to achieve them.

2. ORGANIZING
- Establishment of the formal structure of authority through which work subdivisions are
arranged, defined, and coordinated for the defined objective. Involves determination
and allocation of the men and women as well as the resource of an organization
to achieve pre-determined goals and objectives of the organization.

3. STAFFING
- Personnel function of bringing in and out training the staff and maintaining the staff the
favorable conditions of work. Filling the organization with the right people and right
position. The task of providing competent men to do the job and choosing the right
men for the right job.

4. DIRECTING

- Task of making decisions and embodying them in specific and general orders and
instructions and serving as the leader of the enterprise. Overseeing and supervising
of the human resources.

5. COORDINATING

- The all-important duty of interrelating the various parts of the work. Manner of
integrating the different elements within or outside the organization.

6. REPORTING
- Is keeping those to whom the executive is responsible informed as to what is going on,
which thus includes keeping himself and his subordinates informed through
records research and inspection. System of putting what is reported into records and
the manner of classifying documents or notes within the organization.

7. BUDGETING
- With all that goes of budgeting in the form of fiscal planning, accounting, and
control. The forecasting in detail of the results of an officially recognized program of
operations based on the highest reasonable expectations of operating efficiency.

MANAGEMENT
- It pertains to the utilization of available resources in an organizational to achieve its
organizational objectives.

MANAGEMENT PROCESSES
- The management process involves Planning – Organizing – Leading – Controlling
the use of organizational resources to achieve high performance results.

1. PLANNING
- Is the process of setting performance objectives and identifying the actions needed
to accomplish them.
2. ORGANIZING
- Is the process of dividing the work to be done and coordinating results to achieve a
desired purpose.
3. LEADING
- Is the process of directing and coordinating the work efforts of other people to help
them accomplish important task.
4. CONTROLLING
- Is the process of monitoring performance, comparing results to objectives and
taking corrective action as necessary.

ELEMENTS OF MANAGEMENT
AUTHORITY
- Is the right to command and control the behavior of employees in lower positions within
an organizational hierarchy. A particular positions within an organization carries the same
regardless of who occupies that position. It refers to the legitimate right to lead and
influence people.

SOURCES OF MANAGEMENT AUTHORITY


1. Law
2. Tradition
3. Delegation

COMMAND RESPONSIBILITY
- Is the doctrine that imposes commensurate accountability to one who is vested
with management and leadership functions.

PHILIPPINE Law Enforcement AGENCIES

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (DILG)

DEPARTMENT PROPER
- The Department Proper shall consist of the existing staff services as provided for under
Executive Order No. 262 and the following offices:

• Office of the Secretary – shall consist of the Secretary and his immediate staff;
and
• Office of the Undersecretaries and Assistant Secretaries – The Secretary shall
be assisted by two (2) Undersecretaries, one (1) for local government and the
other one (1) for peace and order, at least one (1) of whom must belong to the
career executive service, and three (3) career Assistant Secretaries.

NATIONAL POLICE COMMISSION (NAPOLCOM)


- An agency attached to the DILG for policy and program coordination.
- Shall exercise administrative control and operational supervision over the PNP.
- Includes RAB and NAB as disciplinary boards.

NAPOLCOM COMPOSITION
Consist of a Chairperson, four (4) Regular Commissioners and the Chief of PNP as
Ex-officio Member.
- Term of office is six (6) years without reappointment or extension.
- 3 of the regular commissioners shall come from civilian sector who are neither
active nor former members of the police or military.
- From among the three (3) Regular Commissioners from the civilian sector, the Vice
Chairperson shall be chosen.
- Vice Chairperson shall act as the Executive Officer of the Commission.
- The 4th Regular Commissioner shall come from the law enforcement sector
either active or retired. Provided, that an active member of a law enforcement
agency shall be considered resigned once appointed.
- At least (1) of the four regular commissioner shall be a woman.
R.A. 6040
(August 4, 1969)

Section 9 of this act gave full authority to the then Police Commission (POLCOM) now
National Police Commission (NAPOLCOM) to give the appropriate examination for
officers and members of the Philippine National Police in lieu of the Civil Service
Commission.

“The Police Commission shall give the appropriate examinations for officers and
members of local police forces, and the Department of Education, the appropriate
examinations for public school teachers with the assistance of the Civil Service
Commission.”

PHILIPPINE NATIONAL POLICE (PNP)

Article XVI, Section 6 of the 1987 Philippine Constitution:


“The State shall establish and maintain one police force which shall be national in scope
and civilian in character…”

NATIONAL IN SCOPE
- Means that the PNP is a nationwide government organization whose jurisdiction
covers the entire breadth of the Philippine archipelago.
- All uniformed and non-uniformed personnel of the PNP are national government
employees.
CIVILIAN IN CHARACTER
- Means that the PNP is not a part of the military, although it retains some military
attributes such as discipline.

- Under R.A. 6975, the Armed Forces of the Philippines (AFP) was in charge with
external security while the DILG was in charge with internal security.

- Under R.A. 8551, the DILG shall be relieved of the primary responsibility on matters
involving suppression of insurgency and other serious threats to national security.
The PNP shall through information gathering and performance of its ordinary
police functions, support the AFP on matters involving suppression of insurgency.

PNP COMPOSITION

Head : Chief, PNP


2 Deputy Chiefs : Deputy Chief for Administration
Deputy Chief for Operations
Appointed by the President)

✓ No officer who is retirable within six (6) months shall be appointed Chief.
✓ Minimum Rank to be appointed as C,PNP – Chief Superintendent (PBGEN)
✓ In times of war or other national emergency declared by CONGRESS, the
President may extend such term of office.

The Directorial Staff is composed of 12 directorates. Every Director in each unit has
also his defined function in line with his specialization as follows:
• The Directorate for Personnel and Records Management (DPRM)
• The Directorate for Intelligence (DI)
• The Directorate for Operations (DO)
• The Directorate for Logistics (DL)
• The Directorate for Plans (DPL)
• The Directorate for Comptrollership (DC)
• The Directorate for Police-Community Relations (DPCR)
• The Directorate for Investigation and Detective Management (DIDM)
• The Directorate for Human Resource and Doctrine Development (DHRDD)
• The Directorate for Research and Development (DRD)
• The Directorate for Information and Communications
Technology Management (DICTM)
• Five (5) Directorates for Integrated Police Operations (DIPOs)
There are 23 National Support Units of the PNP:

a. 11 Administrative Support Unit


b. 12 Operational Support Unit

11 ADMINISTRATIVE SUPPORT UNITS (ASU)


• Logistics Support Service (LSS)
• Information Technology Management Service (ITMS)
• Finance Service (FS)
• Health Service (HS)
• Communication and Electronics Service (HSS)
• Chaplain Service (CHS)
• Legal Service (LS)
• Headquarters Support Service (HSS)
• Engineering Service (ES)
• Training Service (TS)
• PNP Retirement and Benefits Administration Service (PRBS)

12 OPERATIONAL SUPPORT UNITS (OSU)


• Maritime Group (MG)
• Intelligence Group (IG)
• Police Security and Protection Group (PSPG)
• Criminal Investigation and Detection Group (CIDG)
• Special Action Force (SAF)
• Aviation Security Group (AVSEGROUP)
• Highway Patrol Group (HPG)
• Police-Community Relations Group (PCRG)
• Civil Security Group (CSG)
• Crime Laboratory (CL)
• PNP Anti-Kidnapping Group (PNP-AKG)
• PNP Anti-Cybercrime Group (PNP-ACG)

MANNING LEVELS
Police-to-Population Ratio (Sec. 27, R.A. 6975)

✓ 1:500 – nationwide average


✓ 1:1000 – minimum police-to-population ratio

KEY POSITIONS AND THEIR CORRESPONDING RANKS


❑ Chief – highest position in the PNP; rank of PGEN.
❑ Deputy Chief for Administration – rank of PLT. GEN.
❑ Deputy Chief for Operations – rank of PLT. GEN.
❑ Chief Directorial Staff – rank of PLT. GEN.
❑ Head of Directorial Staff – rank of PMGEN.
❑ Regional Director – rank of PBGEN.
❑ Provincial Director – rank of PCOL.
❑ NCR Director – rank of PMGEN.
❑ NCR District Director – rank of PBGEN.

RECRUITMENT
- The process of attracting candidate who have maximum qualifications to be eligible
for selection procedure.

SELECTION
- The process of screening out or eliminating undesirable applicants who do not
meet the organization’s criteria.

General qualifications for appointment to the pnp


(RA 6975 as amended by RA 8551, and RA 9708)

• A citizen of the Philippines;


• A person of good moral conduct;
• Must have passed the psychiatric/psychological, drug and physical tests to
be administered by the PNP or by any NAPOLCOM accredited government hospital
for the purpose of determining physical and mental health;
• Must possess a formal baccalaureate degree from a recognized institution
of learning;
• Must be eligible in accordance with the standards set by the Commission;
• Must not have been dishonorably discharged from military
employment or dismissed for cause from any civilian position in the Government.
• Must not have been convicted by final judgement of an offense or crime
involving moral turpitude;
• Must be at least one meter and sixty-two (1.62m) in height for male and one meter
and fifty-seven (1.57m) for female;
• Must weight not more than or less than five kilograms (5kgs.) from the
standard height, age, and sex.
• For a new applicant, must not be less than twenty-one (21) nor more than (30)
years of age.

PURSUANT TO R.A. 9708


“… PNP members who are already in the service upon the effectivity of Republic Act No.
8551 shall be given five (5) years to obtain the minimum educational qualification
preferably in law enforcement related courses, to be reckoned from the date of the
effectivity of this amendatory Act. Provided, furthermore, that for concerned PNP
members rendering more than fifteen (15) years of service and who have exhibited
exemplary performance as determined by the Commission, shall no longer be
required to comply with the aforementioned minimum educational requirement.”

NOTE:
PNP member shall undergo a Field Training Program for 12 months involving actual
experience and assignment in PATROL, TRAFFIC, AND INVESTIGATION as a
requirement for permanency of their appointment.

APPOINTMENT OF UNIFORMED PNP PERSONNEL


(Sec. 31, RA 6975)

❑ Patrolman to Executive Master Sgt. – appointed by the PNP Regional Director


for regional personnel or by the Chief of the PNP for the National Headquarters
personnel and attested by the Civil Service Commission.
❑ Lieutenant to Lt. Colonel – Appointed by the Chief of the PNP as recommended
by their immediate superiors, attested by the Civil Service Commission.
❑ Colonel to Lt. General – Appointed by the President upon recommendation of the
Chief of the PNP, with proper endorsement for the Chairman of the Civil Service
Commission and subject to confirmation by the Commission on Appointments.
❑ General – Appointed by the President form among the senior officers down to the
rank of the Chief Superintendent in the service, subject to confirmation by the
Commission on Appointments. Provided, that the Chief of the PNP shall serve a tour
of duty not to exceed 4 years; Provided, further, that in times so of war or other
national emergency declared by Congress, the President ay extend such tour of
duty.

Types of appointment

PERMANENT – if the applicant is able to finish the required Field Training Program
(FTP) for permanency.

PROBATIONARY – if the applicant is undergoing FTP.


TEMPORARY – if the applicant passes through the waiver program as provided in under
RA 8551.

PROMOTION
- The upgrading of ranks and/or advancement to a position of leadership.
- The NAPOLCOM shall establish a system of promotion which shall be based
on: Merit, Seniority, and Availability of vacant positions.

KINDS OF PROMOTION:

1. REGULAR PROMOTION
- Granted to police officers meeting the mandatory requirements for promotion.

2. SPECIAL PROMOTION
- Granted to police officers who have exhibited acts of conspicuous courage and
gallantry at the risk of his/her life above and beyond the call of duty.

3. PROMOTION BY VIRTUE OF POSITION


- Any PNP personnel designated to any key position whose rank is lower than that
which is required for such position shall, after 6 months of occupying the same,
be entitled to a rank adjustment corresponding to the position.

NOTE: Shall not be reassigned to a position calling for a higher rank until after 2 years
from the date of such rank adjustment.

ATTRITION
Refers to the retirement or separation from police service of the PNP uniformed
personnel pursuant to any of the means mentioned in Section 24 to 29 of RA 8551 and
other means as provided in NAPOLCOM Memorandum Circular No. 2008-005

• Attrition by Attainment of Maximum Tenure in Position


• Attrition by Relief
• Attrition by Demotion in Position or Rank
• Attrition by Non-Promotion
• Attrition by Other Means

1. Attrition By Attainment Of Maximum Tenure In Position


- Refers to the maximum cumulative period for a PNP member to hold a particular
position level.

2. Attrition by Relief
- A PNP uniformed who has been relieved for just cause and has not given an
assignment within two (2) years after such relief shall be retired or separated.

3. Attrition by Demotion in Position or Rank


- Any PNP personnel, civilian or uniformed, who are relieved and assigned to a position
lower that what is established for his or her grade in the PNP staffing pattern and who
shall not be assigned to a position commensurate to his or her grade within
EIGHTEEN (18) MONTHS after such demolition shall be retired or separated.

4. ATTRITION FROM NON-PROMOTION


- Any PNP personnel who has not been promoted for a continuous period of TEN (10)
years shall be retired or separated.

5. ATTRITION BY OTHER MEANS


- Any PNP member of officer with at least five (5) years of accumulated active service
shall be separated based on any of the following:

✓ Inefficiency based on poor performance during the last two successive annual
rating periods;
✓ Inefficiency based on poor performance for 3 cumulative annual rating periods;
✓ Physical and/or mental incapacity to perform police functions and duties.
✓ Refusal to take periodic PNP Physical Fitness Test without justifiable reason;
✓ Failure to take PNP Physical Fitness Test for four (4) consecutive periodic tests
due to health reasons;
✓ Non-compliance with the minimum qualification standards for the permanency or
original appointment.

RETIREMENT
- The separation of the police personnel from the service by reason of reaching the
age of retirement provided by law, or upon completion of certain number of years
in active service. A PNP uniformed personnel shall retire to the next higher rank for
purpose of retirement pay.

KINDS OF RETIREMENT

A. COMPULSORY
-For officer and non-officer, upon the attainment of age fifty-six (56). Provided, in case
of any officer with the rank of CSUPT. (PBGEN,), Director or Deputy Director General,
the Commission may allow his retention in the service for an unextendible of one year.

B. OPTIONAL
- Upon accumulation of at least twenty (20) years of satisfactory active service.
RETIREMENT BENEFITS

- Monthly retirement pay shall be FIFTY PERCENT (50%) of the base pay in case of
twenty years of active service, increasing by TWO AND ONE-HALF PERCENT
(2.5%) for every year of active service rendered beyond twenty years.

◦ POWER OF LOCAL GOVERNMENT OFFICIALS OVER THE PNP UNITS


Governors and Mayors are deputized as representatives of the NAPOLCOM in their
respective territorial jurisdiction.

a. PROVINCIAL GOVERNOR
- Power to choose the PNP Provincial Director from a list of 3 eligibles recommended
by the PNP Regional Director.

- Oversee the implementation of the provincial public safety plan.

b. CITY AND MUNICIPAL MAYORS


- Has the power to choose his CHIEF OF POLICE from a list of five (5) eligibles
recommended by the Provincial Police Director.
- He has the authority to recommend to the provincial director the transfer, reassignment
or detail of PNP members outside of their respective city or town.
- Authority to recommend from a list of eligibles, the appointment of new members of
the PNP to be assigned in respective cities.
- Exercise operational supervision and control over PNP units in their jurisdiction,
except during the 30 days period immediately preceding and the 30 days
following any national, local and barangay elections.

EMPLOYMENT
- Refers to utilization of units or elements of the PNP for purposes of protection of
lives and properties, enforcement of laws, maintenance of peace and order, prevention
of crimes, arrest of criminal offenders and other duties and functions of PNP.

DEPLOYMENT
- Shall mean the orderly and organized physical movement of elements or units of the
PNP within the province, city, or municipality for purposes of employment.

ADMINISTRATIVE DISCIPLINARY MACHINERIES


1. CITIZEN COMPLAINTS
- Pertains to any complaint initiated by a private citizen or his duly authorized
representative on account of an injury, damage or disturbance sustained due to an
irregular or illegal act committed by a member of the PNP.

2. BREACH OF INTERNAL DISCIPLINE


- On dealing with minor offense involving internal discipline found to have committed
by any PNP members, the duly designated supervisors shall, after due notice and
hearings, exercise disciplinary powers as follows:

MINOR OFFENSES
- Shall refer to an act or omission not involving moral turpitude but affecting the internal
discipline of the PNP, and shall include but not be limited to:

✓ Simple misconduct
✓ Insubordination
✓ Frequent absences or tardiness
✓ Habitual drunkenness
✓ Gambling prohibited by law
DISCIPLINARY BOARDS
- Tasked to hear cases on appeal from the from the different disciplinary authorities in
the PNP.
1. NATIONAL APPELLATE BOARD
- Shall decide cases on appeal from decisions rendered by the PNP Chief and the
National Internal Affairs Service
- Shall be composed of the four (4) regular commissioners and shall be chaired by
the executive officer.

2. REGIONAL APPELLATE BOARD


- Shall decide cases on appeal from decisions rendered by the Regional Director,
Provincial Director and Chief of Police, the city or municipal mayor and the
PLEB.
- There shall be at least one (1) regional appellate board per administrative region
NATIONAL BUREAU OF INVESTIGATION (NBI)
- The NBI shall be headed by a Director and assisted by two (2) Deputy Directors,
one for Administration and one for Operations, and an Assistant Director for each
of the following seven (7) Services: Investigation Service, Intelligence Service, Human
Resource and Management Service, Comptroller Service, Forensic and Scientific
Research Service, Legal Service, and Information and Communications Technology
Service.
- 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.

Powers and Functions – The NBI shall have the following powers and functions:
• Undertake investigation and detection of crimes and offenses enumerated under
Section 5 hereof.
• Issue subpoena for the appearance of any person for investigation or production
of documents, through the officers from the ranks of Regional Director to Director;
• Act as national clearing house of criminal records and other related information
for the benefit of the government;
• Render technical assistance to government agencies and instrumentalities,
when so requested.

Jurisdiction – The NBI shall have primary jurisdiction to undertake investigations in the
following cases:
• Human trafficking cases in all airports in the Philippines;
• Extrajudicial/Extra-legal killings committed by the State’s security forces against
media practitioner and activists;
• Killings of justices and judges;
• Violation of RA 10175, otherwise known as the “Cybercrime Prevention Act”
• Cases referred by the Inter-Agency Anti-Graft Coordinating Council (IAGCC)
• Violations of the Anti-Dummy Law

Qualifications of NBI Agents – the minimum qualifications of NBI agents are the
following:
• Citizen of the Philippines;
• Of good moral character;
• 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
• Successfully passed the competitive mental and physical examinations
required by the NBI.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)


- Lead agency on the government’s anti-drug campaign
- Responsible for efficient and effective law enforcement of all provisions on any
dangerous drug and/or controlled precursor and essential chemicals.
- Serves as the implementing arm of the Dangerous Drug Board (DDB).
- Responsible for the efficient and effective law enforcement of all the provisions
on any dangerous drugs and/or controlled precursor and essential chemical as
provided in RA 9165.
- Under the Office of the President (including DDB)

PDEA COMPOSITION

- Headed by Director General with the rank of Undersecretary, appointed by the


President.

- Assisted by 2 Deputies Director General, with the rank of Assistant Secretary, 1 for
Operations and 1 for Administration, also appointed by the President.

R.A. 6425 – This Act shall be known and cited as “The Dangerous Drugs Act of 1972”
as amended by RA 9165.

Section 77. The Dangerous Board – the Board shall be the policy-making and
strategy-formulating body in the planning and formulation of policies and programs on
drug prevention and control. It shall develop and adopt a comprehensive, integrated,
unified and balanced national drug abuse prevention and control strategy.

Section 78. Composition of the Board – The board shall be composed of seventeen
(17) members wherein three (3) of which are permanent members, the other twelve
(12) members shall be in an ex-officio capacity and the two (2) shall be regular
members.

TWELVE (12) EX-OFFICIO MEMBERS OF THE BOARD


• Secretary of the DOJ or his/her representative;
• Secretary of the DOH or his/her representative;
• Secretary of the DND or his/her representative;
• Secretary of the DoF or his/her representative;
• Secretary of the DOLE or his/her representative;
• Secretary of the DILG or his/her representative;
• Secretary of the DSWD or his/her representative;
• Secretary of the DFA or his/her representative;
• Secretary of the DEPED or his/her representative;
• Secretary of the CHED or his/her representative;
• Chairman of the NYC;
• Director General of the PDEA
Two (2) Regular Members of the Board
- The President of the Integrated Bar of the Philippines; and
- The Chairman or President of a non-government organization involved in
dangerous drug campaign to be appointed by the President of the Philippines.
NOTE: The Director of the NBI and the Chief of the PNP shall be the permanent
consultants of the Board and shall attend all the meetings of the Board.

BUREAU OF CUSTOMS
- The BOC implements an effective revenue collection by preventing and
suppressing smuggling and the entry of prohibited goods. It supervises and
controls the entrance and clearance of vessels and aircrafts engaged in foreign
commerce.

- The Bureau of Customs (BOC) is an agency under the Department of Finance. It


is charged with assessing and collecting illicit trade and all forms of customs fraud,
and facilitating trade through an efficient and effective customs management system.

OTHER LAW ENFORCEMENT AGENCIES:

Bureau of Internal Revenue (BIR) – enforce tax laws and regulations. It investigates
tax evasion cases and arrests similar violators. BIR is under Department of Finance.

The Food and Drug Administration (FDA) – enforces and regulates manufacture of
food and drugs. It investigates and arrest unscrupulous manufacturers and makers of
substandard food and drugs without license or permits. BFAD is under the Department
of Health.

Bureau of Quarantine – an agency under the Department of Health. It is empower to


enforce measures to stop, control and monitor the spread of disease by conducting
on all air and sea ports across the country.

Land Transportation Office (LTO) – regulates land transportation industry and


enforces transportation laws and regulations.

Optical Media Board (OMB) – formerly known as Videogram Regulatory. The OMB
operates against proliferation of fake and pirated VHS, DVD, VCD, CD Tapes.

Movie and Television Review and Classification Board (MTRCB) – operates against
pornography films shown on TV and movie houses.
Department of the Environment and Natural Resources (DENR) – operates against
illegal logging. It investigates and prosecutes violators of environmental protection
laws.

Banko Sentral ng Pilipinas (BSP) – regulates banking industry and enforces


banking laws, investigates, arrests and prosecutes counterfeit currency manufacturers
and passers.

Intellectual Property Office – an interagency attached under the Department of Trade


and Industry operates against the Intellectual property and copyright laws. Enforce
all laws pertaining to the intellectual property and apprehend/prosecutes violators thereof.

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