Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 81

INTRODUCTIONTO POLICING

Week1 Historical Background of Policing


LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 2

HISTORICAL BACKGROUND OF POLICING

Introduction
In this module, we will be discussing the
history of policing as well as the evolution of policing
system in the Philippines.

Please do the following in sequential manner:

1. READ the notes in history of policing;


2. ANSWER the given Activity at the end of this
module.

THE MEANING OF THE TERM “POLICE”

POLICE is the agency of a community or


government that is responsible for enforcing the law, maintaining public order, and preventing and
detecting crime.

In the very broadest sense, the term POLICE refer to the internal organization or regulation of the
state, the control and regulation of the community or state through the exercise of the constitutional power
of the government.

In a narrower sense, POLICE denote the constitutionally created agency that exercises the power
of the government concerning the maintenance of tranquility, public order, peace, security of persons and
property and the protection of public health and morale.

In a very restricted sense, POLICE refer to that organization of armed men, which is actually an
institution that is capable of exercising legally mandated duties to enforce the law, maintain public order,
and detect and prevent crimes.

NOTE: The term Police is not the same with policeman.


POLICE POLICEMAN

▪ refers to the agency ▪ refers to the person employed in that agency.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 3

▪ Juridical Person: a being of legal existence ▪ Natural Person: refers to human being.
susceptible of rights and legal obligations or
being subject of juridical relations. It refers to
corporation, partnership, association, entity,
and the like.

BASIC CONCEPT OF POLICEORGANIZATION AND ADMINISTRATION

Organization – is an association or group of individuals with a common goal. It is the structure of


individuals and functions into a productive relationship.

Police Organization – a structured group of trained personnel dealt with achieving following goals and
objectives.

Goals:
1. To protect life and property
2. To ensure public safety.
3. To maintain peace and order.

Objectives:
1. To attain effectiveness in the enforcement of law and efficiency of law enforcers.
2. To attain a low crime volume and crime rate.
3. To attain a maximum degree of solution and criminal conviction of law violators.
4. To attain maximum degree in the protection of life and property.

Police Administration

Police in action - the cooperative human effort to achieve the purposes of the Criminal Justice
System.

It also refers to the study of processes and conditions on law enforcement as a pillar of the
Criminal Justice System.

EVOLUTION OF POLICE SYSTEM (worldwide Setting)


A. How did the term POLICE evolved?

The term police came from the Greek word POLITEIA (government of a city), which was used
to describe the group of civil officers governing the city and not necessarily the armed guarding or
policing the city. When the Romans conquered the Greeks, the changed the word slightly to POLITIA.
The French changed the word to POLICE and used it to those authorized people who actually enforce the
law. The English and the Americans borrowed the word from the French and used it to describe a law
enforcement officer.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 4

The creation of police force as a protective and law enforcement organization developed from the
use of military bodies as guardians of the peace such as the PRAETORIAN GUARD of ancient Rome.
The Romans achieved a high level of law enforcement, which remained in effect until the decline of the
empire and the onset of the Middle Ages. Beginning in the 5 th century, policing became a function of the
heads of fiefdoms and principalities.

B. What were the developments in policing system during the Middle Ages?

1. During the ANGLO-SAXON (Ancient England) Period (600-1066 AD), the following policing
systems were practiced:

A. THANES Policing System – it was introduced by King Alfred the Great. A type of
internal police force where landowners throughout the kingdom were responsible to
police their own territory. Landowners were empowered to arrest offenders and deliver
them to the King. Also, landowners were also empowered to settle civil litigations.
B. FRANKPLEDGE System - Policing was carried out under a system called frankpledge
or mutual pledge, whereby every male over 12 years old join nine (9) of his neighbors to
form a TYTHINGMEN – a group of men whose duty was to apprehend any person who
offends another and deliver that offender for trial. Anyone who failed to join and perform
this obligatory duty was severely fined. Thus, policing responsibility lies on the hands of
the citizens.
C. TUN POLICING. Tun was the forerunner of the word “town”. Under this system, all
male residents were required to guard the town to preserve peace and order, protect the
life and properties of the people and other factors that disturbs the peace and order.

D. HUE AND CRY. In this system, the complainant or victim goes to the middle of the
community and shout to call all male residents to assemble. The victim reports his
complaint to the assembly. Consequently, all the male residents will go after the criminal
and apprehend him.
E. ROYAL JUDGE System. The royal judge conducted criminal investigation and gave
punishment fitted to the crime committed. This practice started the identification of
criminals.

F. TRIAL BY ORDEAL. A suspect was required to place his hands over boiling water or
oil. If he would not get hurt, he will be acquitted but when hurt, he would be considered
guilty. Double jeopardy was prevalent during this period.

2. During the NORMAL PERIOD (1066-1285), the following are significant contributions
to the development of policing system:

A. SHIRE-REEVE System. When King William Norman became the ruler of England, he divided
his kingdom into 55 military districts known as the Shire-Reeves. SHIRE means a district while
REEVE means the ruler who made laws, pass judgment and impose punishment. He was assisted
by a group of constables, the forerunner of the constabulary. The term Shire-Reeve eventually

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 5

became Sheriff, the title of the chief of constables or police officers in a certain town. The
TRAVELLING JUDGE was held responsible in deciding cases that were taken from Shire-
Reeves due to some abuses.

B. LEGIS HENRIE. This law was enacted during the time of King Henry I, which imposed the
following features:
• Law violations were classified as offenses against the King.
• Policemen became public officials.
• The police and the citizens have the broad power to arrest.  Grand Jury was created to
inquire on the facts of the law.

C. In 1195, King Richard of England issued a proclamation entitled KEEPERS OF THE PEACE,
requiring 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.

D. On June 15, 1215, MAGNA CARTA (Great Charter) was sealed by King John of England.
This became a law upon the demand of the Knights of the Round Table. The knights forced King
John to sign the document which declared the following:

1) No freemen shall be taken or imprisoned, disposed, outlawed, or bowed except by legal


judgment of his peers.
2) No person should be tried for murder unless there is proof of the body of the victim.

3) There should be national and local government as well as the national and local legislation.

4. During the WESTMINSTER PERIOD (1285-1500):

a. STATUTE OF WINCHESTER (1285) was enacted for law and order. This law introduced the
system of Watch and Ward.

b. STATUTE OF 1295 was enacted, which began the closing of the gates of London during sunset.
This started the observation of curfew hours.

c. USTICE OF THE PEACE was a position given to a respected citizen, who has the power to
arrest, pursue and imprison the offenders.

d. STAR CHAMBER COURT was established as special court that tried offenders against the
state.

C. What were the developments in policing system during the Modern Period (17th-19th
century) in England?

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 6

1. KING CHARLES II of England passed a law in 1663 that provided for the employment of NIGHT
WATCHMEN or BELLMEN to be on duty from sunset to sunrise.

2. In 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 thus secure the travelers from
highwaymen or highway bandits.

3. The British statesman SIR ROBERT PEEL in 1829 established the LONDON METROPOLITAN
POLICE, which became the world’s first modern organized police force. It was later called
SCOTLAND YARD. The development of the British police system is especially significant because
the pattern that emerged not only became a model for the American police system but also had great
influence on the style of policing in almost all industrial societies. Peel earned the title – THE
FATHER OF MODERN POLICING SYSTEM.
D. What were the developments in FRENCH POLICE SYSTEM during the Modern Period
in France?

1. During the 17th century in France, King Louis XIV maintained a small central police organization
consisting of some 40 inspectors who, with the help of numerous paid informants, supplied the
government with details about the conduct of private individuals.

2. In Paris, the position OFFICERS DE PAIX was formed in 1791. This was the origin of the term
Peace Officers. The French were the first to establish uniformed police officers – they were called
SERGENT DE VILLE (servant of the city). Other contributions of the French in the development of
policing system were:
a. Conceiving Street signs.
b. Assigning house numbers.
c. Installing Street lighting.
d. Creating emergency and rescue services.
e. Use of police ambulances.
f. Use of “warrant card” and ID signifying authority to arrest.

E. What were the developments in AMERICAN POLICE SYSTEM during the modern period
and thereafter?

1. Policing system in America followed the model developed in England. New York, Boston and
Philadelphia organized their night watchmen, which was similar to the bellmen created in London
during the reign of King Charles II. These night watchmen were known as RATTLEWATCH
because they carried rattles while on duty to inform the public of their watchful presence.

2. Development of American municipal (rural and city) police force

a. In 1638, night-watch was initiated in Boston, Massachusetts.


b. In 1658, rattle-watch was organized in New York.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 7

c. Nigh-watch started in Philadelphia in 1700.


d. In 1722, New Haven had a police regulation that “No watchman will have the liberty to sleep”.
e. In 1800, it became a government policy that able-bodied males over 16 years old were required
to serve without pay.
f. 1833 was the advent of daytime police with pay.
g. New York City police began to adopt a full police uniform in 1856.

3. Development of State Police Force in America


a. Texas Rangers were organized in 1835.
b. In 1865, Massachusetts organized a police force of state constables.
c. The Pennsylvania State Police came into existence in 1905.

4. Development of US Federal Police Force


a. In 1829, Post Office Inspection System began.
b. Investigation on crimes against the government started in 1861.
c. Detective forces were formed sometime in 1868 to investigate problems on revenue services,
immigration and smuggling.
d. In 1895, Federal government attention focused on lotteries, drug regulations and transportation
regulations.
e. Anti-White Slavery Act and Motor Vehicle Act were enacted in 1910.
f. In 1934, National Kidnapping Act, Banking Act, and Racketeering Act were passed by the
United States Congress.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 8

INTRODUCTION TO POLICING

Week 1 Historical Background of Policing


Week 1 Evolution of Police in the Philippine Setting

WEEK 2
EVOLUTION OF POLICE IN THE PHILIPPINE SETTING

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 9

In this module, we will be discussing the evolution of


police service in the Philippines.
 TO DO LIST:
Please do the following in sequential manner:
1. READ the notes in evolution of police service in
the Philippines;
2. ANSWER the given Activity at the end of this
module.

Before the Spanish came, there has been already a


policing system that was in place in the Philippines.
That was when there were few people and governing
them was quite not difficult unlike nowadays that we have complex problems brought by globalization,
diverse population. In earlier times, most places, in some parts of the country, the function of seeing to it
that the rules and regulations of the community were enforced devolved on the Headman or whoever
heads the tribe. He performs all the jobs of the offices of what now we call the chief of police, prosecutor,
judge, and jail warden (Padduyao, 2016).
A. What were the early developments in policing system during the Spanish Regime?

The police force during the Spanish Regime was considered as part of the military system by the Spanish
government.  The locally organized police forces, although performing civil duties and seemingly created
for the sole purpose of maintaining peace, were in fact directly commanded by the colonial military
government. Police force during the Spanish Regime consisted mainly in:
- The suppression in brigandage by patrolling unsettled areas5
- Enforcement of tax collection, including church revenues
- Looking into the work and movement of the people.
Police forces organized during the Spanish Regime are the following:
1. Carabineros de Seguridad Publico (Mounted Police) – 1712. It was organized for the
purpose of carrying out the policies of the Spanish government. It was given the special
commission as custodian of tobacco monopoly and was later known as Cuerpo de
Carabineros de Seguridad Publica by virtue of a Royal Decree on December 20, 1842. Its
duties became police-like and more general including the prosecution of law breakers,
maintenance of peace, order and security, and the vigilance on the execution of laws and
ordinances of good government. It was subsequently given limited power to discharge the
duties of a port, harbor, and river police.
2. GUARDRILLEROS was a body of rural police organized in each town that was created by
the Royal decree of January 8, 1836.  This police force was composed of 5% of the able-
bodied male inhabitants of each town or province, and each member should serve for at least
3 years.
3.  Guardia Civil (February 12, 1852). It was partially relieved the Spanish Peninsular Troops
of their works in policing towns. It consisted of a body of Filipino policemen organized
originally in each of the provincial capitals of the central provinces of Luzon under the
command of Alcalde (Governor).

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 10

B. During the Japanese Occupation, what police force was organized?

Kempetai. The Japanese Military Police were held responsible in maintaining peace and order in Manila
and adjacent urban areas and ruled the urban areas until Gen. Douglas McArthur returned on February 7,
1945.
The Kempetai was the military police force administered by the Japanese War Ministry during WWII over
the Occupied Territories of Japan. Specifically trained in interrogation methods, its task was to crash all
residence to military rule and it had powers to arrest and extract information from civilians and military
alike. Kempetai officer was police investigator, prosecutor, judge, jury and executioner.
The methods of interrogation used are the following: a. Corporal beatings
 Water torture
 Electric torture
 Burning
 Dislocation of limbs
 Psychological torture
 Threats to families
Metropolitan Constabulary. It was under the Bureau of Constabulary and was formerly known as
Manila Police Department during the American Occupation.

C. What were the significant developments concerning the police service during American
Occupation until the World War II broke out?

The first American occupation in the Philippines that came after the Filipino-American War (1898 to
1901) was followed by a period of political turmoil and social imbalance.

1. Insular Police Force (November 30, 1890). It was established during the Filipino American
war (1898-1901) upon the recommendation of the Philippine Commission to the Secretary of War.

2. Insular Constabulary (July 18, 1901). It was created on July 18, 1901 by virtue of Act Nr.
175 titled as “An Act Providing for the Organization and Government of an Insular Constabulary”.
The members were declared peace officers and were authorized and empowered to prevent and
suppress brigandage, unlawful assemblies, riots, insurrection and other breaches of the peace and
violations of law.

3. Manila Police Department (MPD) – July 31, 1901. It was organized by virtue of Act Nr.
183 of the Philippine Commission. The first Chief of Police was Capt. George Curry, a US Army
officer appointed by the Taft Commission on August 7, 1901. On the other hand, Capt. Columbus
Piatt was the last American COP of MPD before WW II broke out.
When MPD became an all-Filipino police organization, Col. Antonio C. Torres was the first Filipino
head and declared Manila as an open city when World War II broke out in 1941. During the World War
II, MPD was placed again under the American Control.
Col. Marcus Ellis Jones was a US Provost Marshall who was named as MPD Chief of Police just after
the Manila Liberation and Col. Lamberto T. Javalera was the first Filipino COP of MPD appointed by
Pres. Roxas under the Republic Government.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 11

4. Philippine Constabulary (October 3, 1901). Insular Constabulary was changed to Philippine


Constabulary (PC) by virtue of Act Nr. 255. Capt. Henry T. Allen was the first Chief of the
Philippine Constabulary from 1901-1907 was regarded as the Father of Constabulary in the
Philippines.
The PC was manned mostly by Filipinos but officers were mostly Americans. Based on the Revised
Administrative Code of 1917, specifically Section 825, it stated that the Philippine Constabulary is a
national police institution for preserving the peace keeping order and enforcing the law. Brig/Gen. Rafael
Crame was first Filipino Chief of Police. He served as the PC Chief from 1917-1927.

5. Act Nr. 3815 (January 1, 1932). It is otherwise known as the Revised Penal Code of the
Philippines

6. Act Nr. 181 (November 1938). This required the creation of a Bureau of Investigation. This
agency should be the modification of the Division of Investigation from the Department of Justice.
Finally, on June 19, 1947, Republic Act Nr. 157 was enacted which created the National Bureau of
Investigation.

D. After the World War II, what laws were enacted relevant to the development of police service in
the Philippines?

1. Republic Act Nr. 2678 (1960). This law provided the expansion and reorganization of the NBI
and established NBI as both an investigative and research service agency.
2. Republic Act Nr. 4864 (September 18, 1966). It was otherwise known as POLICE ACT OF
1966. This law created the office of the POLICE COMMISSION (which was later called National
Police Commission under the Office of the President. Originally, the POLCOM was created as a
supervisory agency to the PC. Its function was to oversee the training and professionalization of
the local police forces. Through this law, reformation and professionalization of the police service
gained official recognition.

Appointment to a local police agency was made by the city/municipal mayor from the list of the eligible
applicants certified by the Civil Service Commission. General Qualifications for Appointment include,
among others:
 For appointment in the municipalities, the applicant must have at least completed high
school, and for provinces and cities, at least completed two years of college;
 Must not be less than twenty-three nor more than thirty-three years of age;
 Must at least five feet, five inches in height in the case of provinces and chartered
cities and five feet, four inches in the case of municipalities; and,
 Must not weigh less than one hundred twenty pounds.
Promotions were made by the City or Municipal Mayor concerned upon consultation or advice of the
Chief of the Police from among those who shall have passed the corresponding promotional examination
given by the CSC. All examination in relation to police services were conducted by the CSC.
Charges against any member if the city and/or municipal police agency were investigated by a Board of
Investigators of three members, composed of the city or municipal treasurer, as a chairman, a

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 12

representative of the Provincial Commander, and a councilor, elected by a majority of the city or
municipal council concerned, as members.
3. Presidential Decree No. 421 (1974). Integrated the city/municipal force, the jail and the fire
departments within the greater Manila area headed by the Commanding General, Philippine
Constabulary Metropolitan Command (PC METROCOM)
4. Presidential Decree Nr. 765 (August 8, 1975). It was otherwise known as the Integration Law
of 1976. It established the Integrated National Police (INP) composed of the Philippine
Constabulary (PC) as the nucleus and the integrated local police forces (Police, Fire & Jail
Services) as components, under the Ministry of National Defense.
It transferred the NAPOLCOM from the Office of the President to the Ministry of National Defense. The
Head of the INP was the Chief/Director-General, PC/INP.
The power of administrative supervision and control by the city and municipal governments over their
respective local police forces, jails and fire departments was transferred to, and exercised by the Chief of
Constabulary/ Director-General of the INP.
The first to occupy the position as chief, Philippine Constabulary/ Director General, Integrated National
Police is Fidel Valdez Ramos.
5. Presidential Decree No. 1184 (August 26, 1977). It is otherwise known as “The Integrated
National Police Personnel Professionalization Act of 1977”.
The strength of policemen in a city or municipality shall depend on the state of peace and order,
population density and general needs of the service, but the minimum shall be at least one policeman for
every one thousand inhabitants.
General Qualifications for Appointment:
 Must be a citizen in the Philippines;
 Must be a person of good habits and moral conduct;
 Must be of sound mind and body;
 Must be at least a high school graduate for appointment to the lowest rank; provided, personnel to be
appointed for assignment to city stations must have finished at least second year college;
 Must not have been dishonorably discharged from military service or dismissed for cause from any
civilian position in the government;
 Must have no criminal record;
 Must not be less than 21 nor more than 30 years of age for appointment to the lowest rank;
 Must be at least one meter and 62 centimeters in height; and for policewoman, she must be at least one
meter and 57 centimeters in height; and
 Must not weigh more than or less than five kilograms of the standard weight corresponding his/her
height, age, and sex.
When the exigency of the service so requires, the general requirements provided for in sub-paragraphs (g),
(h) and (i) may, upon recommendation of the appointing authority duly supported by an evaluation report
of the screening committee on the merit and fitness of the applicant, be waived by the Director General of
the INP subject to attestation by the NAPOLCOM taking into consideration any or a combination of such
factors as:
 possession of relevant police skills
 special qualifications
 police/fire training
 acquired experiences in police or allied service

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 13

 geographical location of the police/fire station concerned


 being a member of the cultural minority
 other allied factors, provided the applicant meets the other qualifications prescribed herein.
Educational qualifications provided for in subparagraph (d) of this section may, upon recommendation of
the appointing authority, duly supported by an evaluation report of the screening committee, be waived by
the NAPOLCOM en banc, in consideration of:
 highly exceptional accomplishment
 deed of conspicuous gallantry in the interest of peace and order
Special Educational Qualifications for Certain Ranks. No person shall be appointed or any member of the
INP promoted to the rank of Police/Fire Sergeant unless he has completed two years college or 73 college
units, academic and non-academic; for appointment or promotion to the ranks of Police/Fire Lieutenant
and up to Police/Fire Colonel, he must be a holder of bachelor’s degree; Provided, that the attainment of a
period of satisfactorily work experience and the completion of an appropriate training duly prescribed by
the Director General shall be deemed equivalent to the above-mentioned special qualifications for
purposes of promotion.
Special Qualifications for the Rank of Police Brigadier General
a. Must be at least 40 years of age;
b. Must be either member of the Philippine Bar, or chartered city chief of police eligible,
or has completed a graduate study in public or police administration or a holder of a Bachelor
of Science in Criminology or any bachelor’s degree, provided that in the last case, he has
satisfactorily completed an advance course in law enforcement or any equivalent course in a
foreign police school or allied courses, duly recognized by the
PC, NAPOLCOM or NBI;
c. Must have at least 10 years’ experience in executive, command or staff position in the
police or constabulary service; and
d. Must have served satisfactorily in the rank of Police Colonel for at least one year in a
permanent status.

6. Republic Act Nr. 6975 (December 13, 1990). This law was known as the DILG Act of 1990 but
it was also recognized later as the PNP Law of 1991. It created the PNP, BJMP, BFP and the
PPSC. The principal authors of the Republic Act 6975 were Senators Ernesto N. Maceda and
Aquilino Pimentel, Congressmen Jose S. Cojuangco Jr. and Rodrigo Gutang.
Upon its signing into law on December 13, 1990, the PNP underwent a transitory period; and on March
31, 1991, President Corazon Aquino named General Cesar Nazareno as the first Director General of
the Philippine National Police.
On January 29, 1991, at Camp Crame, Quezon City, the Philippine Constabulary and the Integrated
National Police were retired officially, and the Philippine National Police was born. Philippine
National Police is the only police force of the country with national in scope and civilian in character.
7. Republic Act Nr. 8551 (February 25, 1998). It is otherwise known as the Philippine National
Police Reform and Reorganization Act of 1998. This law amended certain provisions of RA
6975. It reorganized the PNP for the purpose of reforming and professionalizing it.

It relieved the DILG and the PNP of the primary responsibility on matters involving the suppression of
insurgency and other serious threats to national security, except when the President calls on them to
support the AFP in combat operations.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 14

8. Republic Act Nr. 9708 (August 12,2009). It is an act extending for five (5) years the
reglementary period for complying with the minimum educational qualification for appointment to
the Philippine National Police (PNP) and adjusting the promotion system. It amended the
provisions of RA 6975 and RA 8551 on the minimum educational qualification for appointment to
the PNP and adjusting the promotion system.
a. PNP members who are already in the service upon the electivity of RA 8551 shall be
given 5 years to obtain the minimum educational qualification preferably in law
enforcement related courses,
b. PNP members rendering more than 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.
c. Promotions – That upon finding probable cause, the concerned police officer shall be
ineligible for promotion, but if the case remains unsolved after 2 years from the
aforementioned determination of probable cause, he or she shall be considered for
promotion.
d. In the event he or she is held guilty of the crime by final judgment, said promotion shall
be recalled without prejudice to the imposition of the appropriate penalties under
applicable laws, rules and regulations.
e. If the complaint filed against the police officer is for a crime including, but not limited to,
a violation of human rights, punishable by reclusion Perpetua or life imprisonment, and
the court has determined that the evidence of guilt is strong, said police officer shall be
completely ineligible for promotion during the pendency of the said criminal case.
f. Continuing Education Program – The Commission shall design, establish and implement a
continuing education program for the PNP officers and members in coordination with the
CSC, the CHR and the CHED through a distance education program and/or an in-service
education program focusing on law enforcement, criminal investigation, human rights or
other similar programs.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 15

INTRODUCTION TO POLICING

Week 1 Historical Background of Policing


Week 2 Evolution of Police in the Philippine
Setting
Week 3 Police in Modern World

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 16

POLICE IN THE MODERN WORLD


In this module, we will be discussing the police in
modern world; how policing was implemented in new
era.

 TO DO LIST:

Please do the following in sequential manner:

1. READ the notes in police in modern world;


2. ANSWER the given Activity at the end of this
module.

The police form part of a nation’s criminal


justice system (CJS), which also includes the courts and
correctional institutions.  In this sense, the police are called law enforcers.  In the CJS, they compose the law-
enforcement pillar.

A. In United States, what is the set-up of their police force?

There are about 40,000 separate police agencies in United States that operate under city, county, state,
or federal governments.  Police officers in US are often called COPS.  During the late 1800s, they were called
constables.  The word cop may have come from the initials C.O.P., which stood for constable on patrol.

There are 4 types of police in US.

1.  CITY POLICE: City police are mainly responsible for enforcing the law in their own city.  New York City
has the largest city police department in the United States – about 29, 000 police officers.  A small town may
have a police force of only one or two officers.  In most cities, the mayor appoints the head of the police
department.  This official may have the title of chief, commissioner, director, or superintendent.  Other
ranking police officers include inspectors, lieutenant colonels, majors, captains, lieutenants, and sergeants.

2.  COUNTY POLICE: The powers of a county police force extend throughout the county.  In some states,
however, these powers are restricted in towns and cities that have their own force.   A SHERIFF, elected by
the people, is the chief law enforcement officer in most counties.

3.  STATE POLICE: Every state, except Hawaii, has either a state police force or a state highway patrol force.  
Both types of agencies are headed by a commissioner or superintendent appointed by the state governor.   State
police enforce state laws.  State police officers are called TROOPERS because they were originally organized
along military lines and often rode horses.  

FBI – the chief investigating branch of the United States Department of Justice; investigates federal
crimes and handles cases involving stolen money or property that has been taken from one state to
another.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 17

National Crime Information Center (NCIC) – a computerized information system that stores records on
wanted persons and stolen property; operated by the FBI based in Washington, DC.

4.  PRIVATE POLICE AGENCIES are licensed by federal state government to perform limited types of police
work.  Industrial security police guard factories and warehouses.  Campus police protect the people and
property of colleges and universities.  Private investigative agencies provide detective services to individuals
and businesses.  The earliest private detective agency that was licensed by the federal state government was
the PINKERTON PRIVATE DETECTIVE AGENCY founded by Allan Pinkerton.

B.  What are the existing national police agencies around the world?

In many countries, the national government directs the police system and maintains a national police
force.

1. Canada: Canada has national, provincial, and city police forces.  The ROYAL CANADIAN MOUNTED
POLICE (RCMP) enforce federal laws throughout Canada.  The RCMP provides police services on a
contract basis to about 175 cities.  Members of the RCMP are traditionally called MOUNTIES, though they
now ride horses only in special ceremonies.  For their daily assignments, they travel in cars, snowmobiles,
helicopters and other vehicles.

2.  Great Britain: British police system is organized into about 50 large forces that are connected with local
governments.  These forces operate under the direction of the national government.  The LONDON
METROPOLITAN POLICE serve greater London except for an area that is called the City of London,
which has its own force.  The headquarters of the METROPOLITAN POLICE is called NEW SCOTLAND
YARD.  The name Scotland Yard is often used to refer to the Criminal Investigation Department of the
Metropolitan Police.

3.  Australia: Each of the six states and two mainland territories in Australia has a police force.   Australia has a
national police force, formerly the COMMONWEALTH POLICE FORCE. Now known as AUSTRALIA
FEDERAL POLICE.

4.  France: The national law enforcement agency in France is the SURETE NATIONALE.  The Surete
Nationale forms part of the Ministry of the Interior.  Police officers, called GENDARMES, serve as military
police and provide police services in rural areas.

5.  In Russia, the Ministry of Internal Affairs is in charge of providing general police services.  It also provides
border guards and investigates activities considered a threat to the security of the national government.

6.  In China, a national police force called the People’s Police is directed locally by provincial public security
bureaus.  These bureaus function under the Ministry of Public Security, an agency of the national government.

C. What is INTERPOL?

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 18

INTERPOL, official name is International Criminal Police Organization, is an international


organization of police forces from about 179 countries.  Members of INTERPOL exchange information about
international criminals and cooperate in fighting transnational crimes such as counterfeiting, smuggling, and
illegal buying and selling of weapons.  Its headquarters is found in the city of Lyon, France.

D. What are the existing police agencies in the Philippines?

The recognized national police force in the Philippines is the PHILLIPINE NATIONAL POLICE
(PNP).  This is by far the latest name of the police agency with national in scope.  The PNP was established
by Republic Act Nr. 6975 as the nation’s leading law enforcement agency under the DILG.  Its original name
was the DILG Act of 1990.  This means that this law was approved in 1990 by then President Corazon
Aquino, particularly on December 13.
More than seven years later, with the objective to modernize and professionalize the PNP, former
President Fidel Ramos approved a new police act – Republic Act Nr. 8551 is otherwise called as the PNP
Reform and Reorganization Act of 1998.  This law still supports the concept that the PNP is the primary law
enforcement organization in the Philippines, which is national in scope and civilian in character.
Other significant law enforcement agencies include NBI, LTO, PDEA, MMDA and PACER (Police
Anti-Crime Emergency Response Team) 

THEORY AND PHILOSOPHY OF POLICE SERVICE

A. The basic theories about police service?

1. Home Rule Theory: Police are considered servants of the community. Effectiveness of the policemen
in their functions depends on the express wishes of the people. In this theory, policemen are civil
employees whose primary duty is the preservation of the public peace and security. This is applied in
countries with decentralized government structure.
2. Continental Theory: Policemen are considered servants of a higher authority. Ordinary people have
little or no share in all of the police duties, nor have any direct connection with the police functions.
This theory is applied in countries that have centralized government.

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.

Philosophy of the PNP Service

 Service
 Honor
 Justice

B. The fundamental concepts concerning police service?

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 19

1. Old Concept: Police is looked upon as a repressive machinery of the government. In this traditional
concept, punishment is the sole instrument of crime control. The yardstick of police efficiency is more
arrest. Thus, job of the police is to arrest and put people in jail rather than keep them out of jail.

2. Modern Concept: Police is an instrument for crime prevention. The modern philosophy of police
service is not only focused to criminal apprehension but has been broadened to include social services.
Objective of the police is to promote the welfare of the individual citizen as well as the society in general.
The yardstick of the police efficiency is the absence of crime.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 20

INTRODUCTION TO POLICING

Week 1 Historical Background of Policing


Week 2 Evolution of Police in the Philippine
Setting
Week 3 Police in Modern World
Week 4 Police Organization Concepts and
Principles

POLICE ORGANIZATION CONCEPTS AND PRINCIPLES

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 21

In this module, we will be discussing the different


organizational units of police.
 TO DO LIST:

Please do the following in sequential manner:

1. READ the notes in police organization concept and


principle;
2. ANSWER the given Activity at the end of this
module.

A. Police Organizational Units

1. Functional Units: Functional units are those parts/components of the police organization that are well-
designed to work or perform definite tasks. The functional units of the police department are as follows:

a. BUREAU: the largest organic unit within a large department, each bureau is composed of
a number of divisions.
b. DIVISION: the primary subdivision of a bureau
c. SECTION: smaller functional unit within a division that is necessary for specialization
purposes
d. UNIT: the smallest group within a section when further specialization is needed

2. Geographical Units: These are components of the police organization based on territorial jurisdiction.

a. POST: a fixed point or location where a police officer is assigned for duty, such as the
designated desk (station desk), an intersection or cross walk, or a point of ingress or
egress; a permanent spot for general guard duty.
b. ROUTE: a length of street/s designated for patrol purposes; also called LINE BEAT.
c. BEAT: an area assigned for patrol purposes, whether by foot or motorized
d. SECTOR: an area containing two or more beats, routes, or posts
e. DISTRICT: a geographical subdivision of a city for patrol purposes, usually with its own
station
f. AREA: a section or territorial division of a large city or metropolis, each composed of
designated districts

B. Police Terminologies/Jargons

1. ORGANIZE – to form a police unit for the purpose of accomplishing a common objective; to arrange
systematically a group of police unit/s.

2. ORGANIZING – the act of systematically arranging police units in hierarchical order to perform
specific functions thus achieve desired objectives.

3. MANAGE – to direct or conduct the affairs or interests of various police units; to control the
direction, operation, and business of a police unit or the police organization as a whole.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 22

4. POLICE MANEGEMENT – the art or manner of administering, controlling, or handling all the
various aspects of the police organization; the skillful use of means to accomplish the task, purpose
or objective of a police unit or organization.

5. POLICE POLITICS – the study of public administration or affairs of the government in relation to
police matters; maneuvering for power within the police organization.
6. POLICE POWER – the power of the government to impose what is considered reasonable restriction
on the liberties of its citizens for the maintenance of public order and safety; legally speaking, it is the
power of the government to enact laws or regulations relative to persons and property that may
promote public health, public morals, public safety, and the general welfare and convenience of the
people.

7. POLICE ACCOUNTABILITY – the inherent responsibility of the police organization to be


answerable for the misconducts committed by its members; it may also refer to the legal
responsibility of the police officers to face any consequence that may arise while exercising their
powers, duties and functions.

8. SWORN OFFICER: personnel of the police department who took his oath of office and thus possess
the power to arrest

9. SUPERIOR OFFICER: an officer having supervisory responsibilities (either temporary or


permanent) over an officer of lower rank

10.SUBORDINATE: an officer belonging to the lower or inferior rank

11.COMMANDING OFFICER: an officer who is in command of a police department, bureau, division,


district, or area/station

12.RANKING OFFICER: an officer having the more senior/higher rank in a team or group of police
officers

13.COMMISSIONED OFFICER (PCO)– a police officer with a rank of police inspector and higher. 

14.NON – COMMISSIONED OFFICER (PNCO) – a police officer with a rank of Senior Police
Officer IV and lower.

15.LENGTH OF SERVICE: the period of time that has elapsed since the oath of office was
administered to an officer; previous active services maybe included or added

16.ON-DUTY: the period when an officer is actively engaged in the performance of his duty; also called
ACTIVE DUTY

17.SPECIAL DUTY: in the police service, it is the form of duty requiring an officer to be excused from
the performance of his active regular duty

18.OFF-DUTY: the nature of which the police office is free from specific routine duty

19.LEAVE OF ABSENCE: a specified period during which an officer is excused from active duty or
direct participation in police work

20.SICK LEAVE: a period wherein an officer is excused from active duty by reason of illness or injury

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 23

21.SUSPENSION: a consequence of an act that temporarily deprives an officer from the privilege of
performing his duties as result of violating a directive or other departmental regulation
22.DEPARTMENTAL RULES/POLICIES: rules established by the police department
directors/administrators to control the conduct of the members of the police force

23.DUTY MANUAL: a book of instruction that describes the procedures and defines the duties of
officers assigned to a specified post or position

24.ORDER: an instruction given by a ranking officer to a subordinated; either General, Special and
Personal

25.REPORT: usually a written communication unless otherwise specified to be verbal report; verbal
reports should be confirmed by written communication

POLICE FUNCTIONS
POLICE FUNCTIONS – duties and responsibilities explicitly carried out by police agencies to meet
the demands concerning public order and public safety.

A. Line Functions as Distinguished from staff functions

1. LINE FUNCTIONS (patrol, traffic enforcement, or criminal investigation) are those that are
designed to meet the basic police mission.
2. STAFF FUNCTIONS, on the other hand, are those that exist to support line functions, either
directly or indirectly. For example, the planning and research unit is clearly a staff function, but its
mission is primarily to support the line operations in either direct or indirect manner. 

Staff functions can be further broken down into two types: AUXILLIARY or SUPPORT
SERVICES and ADMINISTRATIVE SERVICES.  Under this arrangement, auxiliary or support units,
such as communications and crime laboratory services, are charged with the responsibility of giving
immediate assistance to the operations of line elements. In contrast, administrative staff units, such as
personnel and training provide services that are of less immediate assistance and are supportive of the
entire police department.

B. Functions of the Police


1. Maintain peace and order.
2. Enforce the laws in their respective assigned jurisdictions.
3. Prevent crimes.
4. Make arrests, searches, and seizures in accordance with law.
5. Investigate crimes.
6. Prosecute offenders.
7. Ensure public safety.
8. Protect life and property.

C. Types of Organizational Structure

THE LINE ORGANIZATION

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 24

The straight-line organization, often called the individual, military, or departmental type of
organization, is the simplest perhaps the oldest type. However, it is seldom encountered in its true form in
any but the smallest organization. The channels of authority and responsibility extend in a direct line from
top to bottom within the structure. Authority is definite and absolute.

While the line type of organization has many advantages, it also has some inherent weaknesses that
sometimes make its use impractical. Perhaps its greatest advantage is that it is utterly simple. It involves a
division of the work into units with a person in charge who has complete control and who can be held
directly responsible or accountable for results, or lack of them.

Quick decisions can be made in the line organization because of the direct line authority and, because
of these direct lines, each member in the chain of command knows to whom he is accountable and who is
accountable to him. Because responsibility is clearly fixed, discipline is easily administered, responsibility
for making decisions is well identified and singleness of purpose is fostered. Coordination of effort is
relatively easy to achieve because functional overlapping between units, a prime cause of friction in any
organization, can be minimized.   

THE FUNCTIONAL ORGANIZATION

The functional organization in its pure form is rarely found in present day organization except at or
near the top level. Unlike the line type of structure, establishments organized on the functional basis violate
the prime rule that men perform best when they have but one supervisor. The functional organization divides
responsibility and authority between several specialists such as the person responsible for all training, the
employee directing the community relations activities of all units within the department, or the officer
having line authority over any employee handling a case involving a juvenile. The functional responsibility
of each “functional manager “is limited to the particular activity over which he has control, regardless of
who performs the function.

Coordination of effort in this type of organization becomes difficult since the employees responsible
for results may be subject to the functional direction of several persons. Discipline is difficult to administer
because of this multi-headed leadership. There may be considerable conflict among the functional
administrators, resulting in much confusion among line personnel. Line of authority and responsibility are
fragmented into many functional channels, making each supervisor responsible for several superiors
depending upon the function he happens to be performing.

THE LINE AND STAFF ORGANIZATION

The line and staff of organization is a combination of the line and functional types and is found in
almost all but the very smallest police agencies today. It combines staff specialist or units with line
organization so that service of knowledge can be provided line personnel by specialist such as the
criminalist, the training officers, the research and development specialist, the public relations officer, and
the intelligence specialist. 

Channels of responsibility and authority are thus left intact since the specialist’s responsibility is to
“think and provide expertise “for the line units which are responsible for "doing". The line supervisor
must remember that he obtains advice from the staff specialist, not commands. 

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 25

THE PHILIPPINE POLICE SYSTEM

MIDTERM PERIOD
1ST SEMESTER, S.Y 2021-2022

The Department of Interior and Local Government

The Attrition System

The Philippine Drug Enforcement Agency

The National Bureau Investigation

The Philippine Coast Guard

MIDTERM EXAMINATION

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 26

THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT

In this module, we will be discussing the tri bureau of the DILG as well as
new amendments in the law covering it.

 TO DO LIST:
Please do the following in sequential manner:

1. READ the notes in the DILG;


2. ANSWER the given Activity at the end of this module.

The Department of the Interior and Local Government, abbreviated as DILG, is the executive
department of the Philippine government hereby declared to be the policy of the State to promote peace and
order, ensure public safety and further strengthen local government capability aimed toward the effective
delivery of the basis services to the citizenry through the establishment of a highly efficient and competent
police force that is national in scope and civilian in character. Towards this end, the State shall bolster a
system of coordination and cooperation among the citizenry, local executive and the integrated law
enforcement and public agencies.

The DILG was created under RA 6975, at the same time it also creates the tri bureau which are the
PNP, BFP and BJMP.

DILG (TRI BUREAU)

GENERAL QUALIFICATION FOR APPOINTMENT

The organization of the Department of Interior and Local Government (DILG). The DILG shall consist of the
Department Proper with the following bureaus and offices:
▪ National Police Commission;
▪ Philippine National Police (PNP);
▪ Bureau of Fire Protection (BFP);
▪ Bureau of Jail Management and Penology (BJMP);
▪ Philippine Public Safety College (PPSC)

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 27

THE PHILIPPINE NATIONAL POLICE

In the next 20 years, the Philippine National Police (PNP) envisions to evolve into a highly-
professional, dynamic and motivated organization working in partnership with a responsive
community towards the attainment of a safe place to live, work, invest and do business.

Our Mandate

Republic Act 6975 entitled An Act Establishing the Philippine National Police under a
reorganized Department of the Interior and Local Government and Other Purposes as amended by
RA 8551 Philippine National Police Reform and Reorganization Act of 1998 and further amended
by RA 9708.

Our Philosophy
Service, Honor and Justice

Our Core Values


• Maka-Diyos (Pro-God)
• Makabayan (Pro-Country)
• Makatao (Pro-People)
• Makakalikasan (Pro-Environment)

Our Vision

Imploring the aid of the Almighty, by 2030, We shall be a highly capable, effective and credible
police service working in partnership with a responsive community towards the attainment of a safer place to
live, work and do business.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 28

Our Mission

The PNP shall enforce the law, prevent and control crimes, maintain peace and order, and ensure
public safety and internal security with the active support of the community.

Our Functions

1. Law Enforcement.
2. Maintain peace and order.
3. Prevents and investigates crimes and bring offenders to justice.
4. Exercise the vested powers from the Philippine Constitution and pertinent laws.
5. Detain an arrested person for a period not beyond what is prescribed by law.
6. Implements pertinent laws and regulations on firearms and explosives control.
7. Supervise and control the training and operations of security agencies.

General Qualifications for Appointment.


a. A citizen of the Philippines;
b. 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 or 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 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;
i. Must weigh not more or less than five kilograms (5 kgs.) from the standard weight corresponding
to his or her height, age, and sex; and
j. For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age:
except for the last qualification, the above-enumerated qualifications shall be continuing in character and
an absence of any one of them at any given time shall be a ground for separation or retirement from the
service: Provided, That PNP members who are already in the service upon the effectivity of this Act shall
be given at least two (2) more years to obtain the minimum educational qualification and one (1) year to
satisfy the weight requirement.
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 and without notice.

After the lapse of the time period for the satisfaction of a specific requirement, current members of the PNP
who will fail to satisfy any of the requirements enumerated under this Section shall be separated from the service if
they are below fifty (50) years of age and have served in Government for less than twenty (20) years or retired if
they are from the age of fifty (50) and above and have served the Government for at least twenty (20) years without
prejudice in either case to the payment of benefits they may be entitled to under existing laws."

NAPOLCOM
refers to the collegial governing body composed of the Secretary of the DILG as ex-officio
Chairman, and Four (4) Regular Commissioners and One (1) ex- officio Commissioner, as members, which

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 29

regularly meets en banc and decides through majority vote of all its members in all matters involving vital
policy issues in the exercise of its administration and control functions over the PNP.

Composition of the NAPOLCOM:


a) Chairperson. The Secretary of the DILG shall be the ex-officio Chairperson of the Commission.

b) Four (4) regular Commissioners; and


c) Ex- officio Commissioner. The PNP Chief is the ex- officio Commissioner.
The following shall compose the four (4) regular members of the Commission?
a. The three (3) of the four (4) regular members shall come from the civilian sector who are
neither active nor former members of the police or military; and one (1) of the three (3) regular
members from the civilian sector shall be designated as the Vice Chairperson by the President.
b. The fourth regular commissioner shall come from the law enforcement sector either active
or retired. An active member of law enforcement agency shall be considered resigned from said
agency once he is appointed to the Commission.

Waivers for Initial Appointments to the PNP

The age, height, weight, and educational requirements for initial appointment to the PNP may be waived
only when the number of qualified applicants fall below the minimum annual quota:

1. That an applicant shall not be below twenty (20) nor over thirty-five (35) years of age:
2. That any applicant not meeting the weight requirement shall be given reasonable time but
not exceeding six (6) months within which to comply with the said requirement:
3. That only applicants who have finished second year college or have earned at least
seventy-two (72) collegiate units leading to a bachelor's degree shall be eligible for appointment:
4. That anybody who will enter the service without a baccalaureate degree shall be given a
maximum of four (4) years to obtain the required educational qualification:
5. That a waiver for height requirement shall be automatically granted to applicants
belonging to the cultural communities.

Nature of Appointment Under a Waiver Program


Any PNP uniformed personnel who is admitted due to the waiver of the educational or weight
requirements shall be issued a temporary appointment pending the satisfaction of the requirement waived. Any
member who will fail to satisfy any of the waived requirements within the specified time periods under Section 13
of this Act shall be dismissed from the service

Re-application of Dismissed PNP Members Under a Waiver Program

Any PNP member who shall be dismissed under a waiver program shall be eligible to reapply for
appointment to the PNP: Provided, that he or she possesses the minimum qualifications under Section 14 of this Act
and his or her reappointment is not by virtue of another waiver program.

The Field Training Program


All uniformed members of the PNP shall undergo a Field Training Program for twelve (12) months
involving actual experience and assignment in patrol, traffic, and investigation as a requirement for permanency of
their appointment.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 30

Increased Qualifications for Provincial Directors


No person may be appointed Director of a Provincial Police Office unless:
1. 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

2. Has satisfactorily passed the required training and career courses necessary for the position as may
be established by the Commission.

Any PNP personnel who is currently occupying the position but lacks any of the qualifications mentioned above
shall be given three (3) years upon the effectivity of this Act to comply with the requirements; otherwise, he or she
shall be relieved from the position.

Qualifications of Chief of City and Municipal Police Stations

1. No person shall be appointed chief of a city police station unless he/she is a graduate of Bachelor of
Laws or 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 a recognized institution of learning.
2. No person shall be appointed chief of a municipal police station unless he or she has finished at least
second year Bachelor of Laws or has earned at least twelve (12) units in a master's degree program in public
administration, criminology, criminal justice, law enforcement, national security administration, and other
related disciplines from a recognized institution of learning:
3. That members of the Bar with at least five (5) years of law practice, licensed criminologists or graduates of
the Philippine National Police Academy and who possess the general qualifications for initial appointment to
the PNP shall be qualified for appointment as chief of a city or municipal police station:
4. Provided, further, That the appointee has successfully passed the required field training program and has
complied with other requirements as may be established by the Commission.

PHILIPPINE PUBLIC SAFETY COLLEGE

Philippine Public Safety College (PPSC) is the premier educational institution for the training, human
resource development, and continuing education of all personnel of the PNP, Fire and Jail Bureaus. It is under
the direct supervision of a Board Trustees composed of the Secretary of DILG and the three (3) bureau heads.
It shall consist of the PNPA, 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:
1. Formulate and implement training programs for the personnel of the Department; 2. Establish and
maintain adequate physical training facilities;
3. Develop and implement research and development to support educational training programs;
4. Conduct an assessment of the training needs of its clientele; and
5. Perform such other related functions as may be prescribed by the Secretary of DILG.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 31

REPUBLIC ACT No. 11200


An Act Providing for the Rank Classification in the Philippine National Police, amending for the
Purpose Section 28 of Republic Act No. 6975, as Amended, Otherwise Known as the "Department of the
Interior and Local Government Act of 1990"

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled: Section 1.
Section 28 of Republic Act No. 6975, otherwise known as the "Department of the Interior and Local Government
Act of 1990", is hereby amended to read as follows:

"Section 28. Rank Classification


For purposes of clarity of command and responsibility, and for the effective and efficient administration,
supervision and control, the rank classification of the uniformed personnel of the PNP shall be as follows:

Philippine National Philippine National Bureau of Fire Bureau of Jail


Police (PNP) Police (PNP) Protection (BFP) Management and
"OLD" "NEW" Penology (BJMP)
Police Director General Police General (PGEN)
(PDG)
Police Deputy Director Police Lieutenant
General General (PLTGEN)
(PDDG)
Police Director (PDIR) Police Major General Fire Director (FDIR) Jail Director (JDIR)
(PMGEN)
Police Chief Police Brigadier General Fire Chief Jail Chief
Superintendent (PBGEN) Superintendent Superintendent
(PCSUPT) (FCSUPT) (JCSUPT)
Police Senior Police Colonel (PCOL) Fire Senior Jail Senior
Superintendent Superintendent Superintendent
(PSSUPT) (FSSUPT) (JSSUPT)
Police Police Lieutenant Fire Superintendent Jail Superintendent
Superintendent Colonel (PLTCOL) (FSUPT) (JSUPT)
(PSUPT)
Police Chief Police Major (PMAJ) Fire Chief Inspector Jail Chief Inspector
Inspector (PCINSP) (FCINSP) (JCINSP)
Police Senior Police Captain (PCPT) Fire Senior Inspector Jail Senior Inspector
Inspector (PSR INSP) (FSR INSP) (JSR INSP)
Police Inspector Police Lieutenant (PLT) Fire Inspector Jail Inspector
(PSINSP) (FSINSP) (JSINSP)
Senior Police Officer IV Police Executive Master Senior Fire Officer IV Senior Jail Officer IV
(SPO4) Sergeant (PEMS) (SFO4) (SJO4)
Senior Police Officer III Police Chief Master Senior Fire Officer III Senior Jail Officer III
(SPO3) Sergeant (PCMS) (SFO3) (SJO3)
Senior Police Officer II Police Senior Master Senior Fire Officer II Senior Jail Officer II
(SPO2) Sergeant (PSMS) (SFO2) (SJO2)
Senior Police Officer I Police Master Sergeant Senior Fire Officer I Senior Jail Officer I
(SPO1) (PMSg) (SFO1) (SJO1)
Police Officer III Police Staff Sergeant Fire Officer III (FO3) Jail Officer III (JO3)
(PO3) (PSSg)

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 32

Police Officer II (PO2) Police Corporal (PCpl) Fire Officer II (FO2) Jail Officer II (JO2)
Police Officer I (PO1) Patrolman/Patrolwoman Fire Officer I (FO1) Jail Officer I (JO1)
(Pat)

(RA 6975)
"Police General Director General 4 STARS
"Police Lieutenant General Deputy Director General 3 STARS
"Police Major General Director 2 STARS
"Police Brigadier General Chief Superintendent 1 STAR
"Police Colonel Senior Superintendent 3 SAMPAGUITA
"Police Lieutenant Colonel Superintendent 2 SAMPAGUITA
"Police Major Chief Inspector 1 SAMPAGUITA
"Police Captain Senior Inspector 2 ANAHAW
"Police Lieutenant Inspector 1 ANAHAW
"Police Executive Master Sergeant SPO4
"Police Chief Master Sergeant SPO3
"Police Senior Master Sergeant SPO2
"Police Master Sergeant SPO1
"Police Staff Sergeant PO3
"Police Corporal PO2
"Patrolman/Patrolwoman" PO1

REPUBLIC ACT NO. 11549, May 26, 2021


AN ACT LOWERING THE MINIMUM HEIGHT REQUIREMENT FOR APPLICANTS OF THE
PHILIPPINE NATIONAL POLICE (PNP), BUREAU OF FIRE PROTECTION (BFP), BUREAU OF
JAIL MANAGEMENT AND PENOLOGY (BJMP), AND BUREAU OF CORRECTIONS (BUCOR),
AMENDING REPUBLIC ACT NO. 6975, AS AMENDED, REPUBLIC ACT NO. 9263, AND
REPUBLIC ACT NO. 10575

Section 3. Section 4 of Republic Act No. 9263 is amended to read as follows:


"SEC. 4. Professionalization and Upgrading of Qualification Standards in the Appointment of Uniformed Personnel
to the BFP and the BJMP. - No person shall be appointed as uniformed personnel of the BFP and the BJMP unless
he/she possesses the following minimum qualifications:

Section 4. Section 11 of Republic Act No. 10575 is amended to read as follows:


"SEC. 11. Professionalization and Upgrading of Qualification Standards in the Appointment of the BuCor
Personnel. - (a) No person shall be appointed as personnel of the BuCor unless one possesses the following
minimum qualifications:

Must be at least one meter and fifty-seven centimeters (1.57 m.) in height for males and one meter and
fifty-two centimeters (1.52 m.) for females: Provided, that a waiver for height requirement shall be
automatically granted to applicants belonging to the cultural communities/indigenous peoples:

THE PNP ORGANIZATION

1. The PNP Command Group is headed by the Chief PNP who is vested with the power to command
and direct the PNP. He is also assisted by two Deputies assigned to the administration of the PNP and one
for operations side.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 33

2. The Chief of the Directorial Staff serves as the Chief Operations Officer of the PNP. He coordinates,
supervises, and directs the Directorial Staff and the PNP units in the performance of their respective
functions.

3. The Internal Affairs Service (IAS) is headed by an Inspector General who assists the Chief PNP in
ensuring operational readiness and investigates infractions of the regulations committed by the members
of the PNP.

4. The Human Rights Affairs Office (HRAO) is headed by senior police commissioned officer who
serves as a manager of the facility that will supervise the implementation of the guidelines and policies on
human rights laws.
5. The Center for Police Strategy Management (CPSM) serves as the Central facility of the PNP in
coordinating and integrating all strategy management processes, sustaining its strategy execution and
management, and instilling in the organization a culture of strategy focus.

6. The Directorial Staff is composed of 16 directorates. Every Director in each unit has also his defined
function in line with his specialization as follows:

o The Directorate for Personnel and Records Management (DPRM) . The director optimizes
the utilization of personnel resources both from the PNP- uniformed and non- uniformed
personnel.
o The Directorate for Intelligence (DI) . The director manages the gathering/collating of
intelligence objectives through effective management of all intelligence and counter-intelligence
activities of the PNP. He also serves as the linkage of all foreigners with official transactions with
the chief PNP.
o The Directorate for Operations (DO). The director exercises the command, the control, the
direction, the coordination and the supervision of all activities on PNP operations such as
deployment and employment of personnel.
o The Directorate for Logistics (DL). The director administers and manages material
resources needed for the PNP operations.
o The Directorate for Plans (DPL) . The director plans and programs strategic PNP operations.
He also represents the PNP in the inter-agency and international affairs on peace and order.
o The Directorate for Comptrollership (DC) . The director administers and manages the fiscal
financial resources.
o The Directorate for Police-Community Relations (DPCR) . The director formulates and
implements community –related activities, programs and projects. He also supervises the PNP
Salaam Police Center to undertake close monitoring, networking and liaisoning activities with the
Muslim communities in addressing terrorism and lawless violence in their respective areas to
guarantee that the Muslims are not discriminated, oppressed or singled-out.
o The Directorate for Investigation and Detective Management (DIDM) . The director
coordinates. Controls and supervises all investigation activities.
o The Directorate for Human Resource and Doctrine Development (DHRDD) . The director
formulates policies on matters pertaining to human resources and doctrine development.

• The Directorate for Research and Development (DRD) . The director engages in research
and development and does testing and evaluation of self-reliant projects.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 34

• The Directorate for Information and Communications Technology Management


(DICTM). The director integrates and standardizes all the PNP information systems and resources to
further improve the frontline services.

• Five (5) Directorates for Integrated Police Operations (DIPOs) . The Directors of the
clustered areas for Integrated Police Operations, namely: Eastern Mindanao, Western Mindanao,
Visayas, Southern and Northern Luzon are given the responsibility to direct and to supervise the
conduct of integrated anti-criminality, internal security, counter- terrorism operations, to promote
inter-operability with the Armed Forces of the Philippines, and to provide a system to promote
regional socio-economic development.

THE TWELVE (12) OPERATIONAL SUPPORT UNITS AND THEIR RESPECTIVE


FUNCTIONS ARE AS FOLLOWS:

• Maritime Group (MG). This group is responsible to perform all police functions over
Philippine Territorial waters, lakes, and rivers along coastal areas to include ports and harbors and
small islands for the security and the sustainability development of the maritime environment.
• Intelligence Group (IG). This group serves as the intelligence and counterintelligence
operating unit of the PNP.
• Police Security and Protection Group (PSPG). This group provides security to government
vital installations, government officials, visiting dignitaries and private individuals authorized to be
given protection.
• Criminal Investigation and Detection Group (CIDG). This group monitors, investigates,
prosecutes all crimes involving economic sabotage, and other crimes of such magnitude and extent as
to indicate their commission by highly placed or professional criminal syndicates and organizations. It
also conducts organized- crime –control, all major cases involving violations of the revised penal
Code, violators of SPECIAL LAWS assigned to them such as Anti-hijacking, Anti-Carnapping and
Cybercrimes among others and atrocities committed by Communist Party of the Philippines
(CPP)/New People’s Army (NPA)/National Democratic Front (NDF).
• Special Action Force (SAF). This group is a mobile strike force or a reaction unit to augment
regional, provincial, municipal and city police force for civil disturbance control, internal security
operations, hostage-taking rescue operations, search and rescue in times of natural calamities, disasters
and national emergencies and other special police operations such as ant-hijacking, anti-terrorism,
explosives and ordnance disposal. On a special note, the PNP Air Unit is placed under the supervision
of SAF.
• Aviation Security Group (AVEGROUP). This group provides security to all airports
throughout the country.
• Highway Patrol Group (HPG). This group enforces the traffic laws and regulations,
promote safety along the highways, enhances traffic safety consciousness through inter- agency
cooperation concerning Police Traffic Safety Engineering, Traffic Safety Education and Traffic Law
enforcement functions and develops reforms in the crime prevention aspect against all forms of
lawlessness committed along National Highway involving the use of motor vehicles.
• Police-Community Relations Group (PCRG). This group undertakes and orchestrates
Police Community Relations program and activities in partnership with concerned government
agencies, the community, and volunteer organizations in order to prevent crime and attain a safe and
peaceful environment.
• Civil Security Group (CSG). This group regulates business operations and activities of all
organized private detectives, watchmen, security guards/agencies and company guard forces. It also
supervises the licensing and registration of firearms and explosives.
• Crime Laboratory (CL). This group provides scientific and technical, investigative aide and
support to the PNP and other investigative agencies. It also provides crime laboratory examination,

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 35

evaluation and identification of physical evidence gathered at the crime scene with primary emphasis
on medical, biological and physical nature.
• PNP Anti-Kidnapping Group (PNP-AKG). This Group serves as the primary unit of the
PNP in addressing kidnapping menace in the country and in handling hostage situations. And
• PNP Anti-Cybercrime Group (PNP- ACG). This Group is responsible for the
implementation of pertinent laws on cybercrimes and anti-cybercrime campaigns of the PNP.
8. For the main PNP operating units, there are seventeen (17) Police Regional Offices nationwide which
correspond to the regional subdivisions of the country. Directly under the Police Regional Offices are
seventeen (17) Regional Public Safety Battalions (RPSB), eighty (80) Police Provincial Offices which
correspond to the number of Provinces in the country and twenty (20) City Police Offices (CPOs) in
highly urbanized and independent cities, which are equivalent to a Provincial Police Office.

The Police Provincial Offices have their respective Provincial Public Safety Companies (PPSC) which is
utilized primarily for internal security operations (ISO). The number of platoons in a Provincial Public Safety
Company is dependent on the existing peace and order situation in the province concerned.

ATTRITION SYSTEM
In this module, we will be discussing the different factors
how separation and dismissal is done inside the PNP;

 TO DO LIST:
Please do the following in sequential manner:

1. READ the notes in Attrition system;


2. ANSWER the given Activity at the end of this
module.

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 carries with it the penalty of dismissal from service.

Attrition System
There shall be established a system of attrition within the uniformed members of the PNP within one
(1) year from the effectivity of this Act to be submitted by the PNP to the Commission for approval. Such
attrition system shall include but is not limited to the provisions of the following sections.

The following are the different kinds of attrition system:


a) Attrition by Attainment of Maximum Tenure in Position;

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 36

b) Attrition by Relief;
c) Attrition by Demotion in Position or Rank;
d) Attrition by non-promotion;
e) Attrition by other means
A. Attrition by Attainment of Maximum Tenure in Position. It refers to the maximum
cumulative period for PNP member to hold a particular position.

The PNP personnel holding key positions have a maximum tenure as follows (Sec. 25 of RA
6975):

Position Maximum Tenure


Chief Four (4) years
Deputy Chief Four (4) years
Director of the Staff Services Four (4) years
Regional Director Six (6) years
Provincial/City Director Nine (9) years

Other positions higher than Provincial Director shall have the maximum tenure of six (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 compulsorily retired at the maximum tenure in position
herein prescribed, or at age fifty-six (56), whichever is earlier:

Provided, That in times of war or other national emergency declared by Congress, the President may extend
the PNP Chief's tour of duty: Provided, further, That PNP members who have already reached their maximum
tenure upon the effectivity of this Act may be allowed one (1) year more of tenure in their positions before the
maximum tenure provided in this Section shall be applied to them, unless they shall have already reached the
compulsory retirement age of fifty-six (56), in which case the compulsory retirement age shall prevail.

Except for the Chief, PNP, no PNP member who has less than one (1) year of service before reaching the
compulsory retirement age shall be promoted to a higher rank or appointed to any other position.

B. Attrition by Relief. The PNP uniformed personnel who have been relieved for just cause
and have not been given an assignment within two (2) years after such relief shall be retired of
separated (Sec 26 of RA 8551).

To warrant attrition by relief, the following elements must concur:


1. The relief is for just cause;
2. The PNP member has not given any assignment within two (2) years from his relief
and there are available positions commensurate to his/rank; and
3. The non-assignment for continuous period of two (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.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 37

C. Attrition by Demotion in Position or Rank. The personnel, uniformed or nonuniformed,


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 grade within eighteen (18) months after such demotion in position shall be retired or
separated.

To warrant attrition by demotion in position, the elements that must concur are the following
1. The PNP member is relieved and assigned to a position lower than what is
established for his or her rank;
2. His or her designation to such lower position is attributable to him or her; and
3. The existence of a positional vacancy for the rank during eighteen (18) months
reckoned after his or her demotion in position.

D. Attrition by Non-promotion. The PNP personnel who have not been promoted for a
continuous period of ten (10) years shall be retired or separated (Sec 28 of RA 8551).

To warrant attrition by non-promotion, the following are the elements that must concur:
1.The PNP member has not been promoted in rank for a continuous period of ten (10)
years and there are existing vacancies for regular promotions;
2.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 five (5) years of accumulated
active service shall be separated based on any of the following factors:
1. Inefficiency based on poor performance during the last two (2) successive annual
rating periods;
2. Inefficiency based on poor performance for three (3) cumulative annual rating
periods;
3. Physical and/or mental incapacity to perform police functions and duties;
4. Failure to pass the required examination twice and/or finish the required career
course except for justifiable reason;
5. Refusal to take a periodic PNP physical fitness test without justifiable reason;
6. Failure to take PNP physical fitness for four (4) consecutive periodic tests due to
health reasons;
7. Failure to take PNP physical fitness for two (2) consecutive periodic test or four (4)
cumulative periodic tests; or
8. Non-compliance with the minimum qualification standards for permanency of
original appointment.

Retirement or Separation Under the Preceding Sections

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 38

Any personnel who are dismissed from the PNP pursuant to Sections 25, 26, 27, 28 and 29 hereof shall be
retired if he or she has rendered at least twenty (20) years of service and separated if he or she has rendered less
than twenty (20) years of service unless the personnel is disqualified by law to receive such benefits.

PROMOTION SYSTEM

Rationalized Promotion System. – Within six (6) months after the effectivity of this Act, the
Commission shall establish a system of promotion for uniformed and non-uniformed personnel of the PNP which
shall be based on merits and on the availability of vacant positions in the PNP staffing pattern. 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.

Promotion by Virtue of Position. – Any PNP personnel designated to any key position whose rank is lower than
that which is required for such position shall, after six (6) months of occupying the same, be entitled to a rank
adjustment corresponding to the position:

Provided, That the personnel shall not be reassigned to a position calling for a higher rank until after two (2) years
from the date of such rank adjustment: Provided, further, that any personnel designated to the position who does not
possess the established minimum qualifications therefor shall occupy the same temporarily for not more than six (6)
months without reappointment or extension.

Promotions
1. A uniformed member of the PNP shall not be eligible for promotion to a higher position or rank unless 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, and has
satisfactorily passed the required psychiatric/psychological and drug tests. In addition, no uniformed member of
the PNP shall be eligible for promotion during the pendency of his or her administrative and/or criminal case or
unless he or she has been cleared by the People's Law Enforcement Board (PLEB), and the Office of the
Ombudsman of any complaints proffered against him or her, if any.

2. Any uniformed member of the PNP who has exhibited acts of conspicuous courage and gallantry at the risk
of his/her life above and beyond the call of duty, shall be promoted to the next higher rank: Provided, that such
acts shall be validated by the Commission based on established criteria."

Early Retirement Program


Within three (3) years after the effectivity of this Act, any PNP officer or non-commissioned officer may retire and
be paid separation benefits corresponding to a position two (2) ranks higher than his or her present rank subject to
the following conditions:
a) that at the time he or she applies for retirement, he or she has already rendered at least ten (10)
years of continuous government service;
b) the applicant 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 three (3) more years in the service before reaching the compulsory retirement
age and at least a year before his or her maximum tenure in position.

DISCIPLINARY MECHANISMS

(a). Citizen's Complaints

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 39

Any complaint by a natural or juridical person against any member of the PNP shall be brought before the
following:
1. "Chiefs of Police, where the offense is punishable by withholding of privileges, restriction to
specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not exceeding
fifteen (15) days;
2. "Mayors of cities and municipalities, where the offense is punishable by withholding of privileges,
restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period of
not less than sixteen (16) days but not exceeding thirty (30) days;
3. "People's Law Enforcement Board, as created under Section 43 hereof, where the offense is
punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or
any combination thereof, for a period exceeding thirty (30) days; or by dismissal.
4. "The Commission shall provide in its implementing rules and regulations a scale of penalties to be
imposed upon any member of the PNP under this Section.

RA 9263

AN ACT PROVIDING FOR THE PROFESSIONALIZATION OF THE BUREAU OF FIRE


PROTECTION (BFP) AND THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP),
AMENDING CERTAIN, PROVISIONS OF REPUBLIC ACT NO. 6975, PROVIDING FUNDS
THEREOF AND FOR OTHER PURPOSES

This Act shall be known as the "Bureau of Fire Protection and Bureau of Jail Management and
Penology Professionalization Act of 2004."

Organization and Key Positions of the BFP and the BJMP


1. The BFP and the BJMP shall be respectively headed by a Chief;
2. Assisted by two (2) deputy chiefs, one (1) for administration and one (1) for
operations;
3. All of whom shall be appointed by the President upon recommendation of the
Secretary of the DILG from among the qualified officers with at least the rank of senior
superintendent in the service:
4. That in no case shall any officer who has retired or is retirable within six (6) months
from his/her compulsory retirement age be appointed as Chief of the Fire Bureau or Chief of
the Jail Bureau, as the case may be,
5. The Chief of the Fire Bureau and Chief of the Jail Bureau shall serve a tour of duty
not to exceed four (4) years
6. That in times of war or other national emergency declared by Congress, the President
may extend such tour of duty.

The Heads of the BFP and the BJMP with the rank of director shall have the position title of Chief of the
Fire Bureau and the Chief of the Jail Bureau, respectively.

The second officers in command of the BFP and the BJMP with the rank of chief superintendent shall
have the position title of Deputy Chief for Administration of the Jail Bureau, respectively.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 40

The third officer in command of the BFP and the BJMP with the rank of chief superintendent shall have
the position title of Deputy Chief for Operation of Fire Bureau and Deputy Chief for Operation of the Jail
Bureau, respectively.

The fourth officers in command of the BFP and the BJMP with the rank of chief superintendent shall
have the respective position title of Chief of Directorial Staff of the Fire Bureau and Chief of Directorial
Staff of the Jail Bureau,

Shall be assisted by the directors of the directorates in the respective national headquarters office with at
least the rank of senior superintendent.
The BFP and the BJMP shall establish, operate and maintain their respective regional offices 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.
He/ She shall be respectively 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.

Professionalization and Upgrading of Qualification Standards in the Appointment of Uniformed


Personnel to the BFP and the BJMP

No person shall be appointed as uniformed personnel of the BFP and the BJMP unless he/she
possesses the following minimum qualifications:

1. A citizen of the Republic of the Philippines;


2. A person of good moral character;
3. Must have passed the psychiatric/psychological, drug and physical tests for the purpose of
determining his/her physical and mental health;
4. Must possess a baccalaureate degree from a recognized institution of learning;
5. Must possess the appropriate civil service eligibility;
6. Must not have been dishonorably discharged or dismissed for cause from previous
employment;
7. Must not have been convicted by final judgment of an offense or crime involving moral
turpitude;
8. Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male, and one
meter and fifty-seven 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
9. Must weigh not more or less than five kilograms (5 kgs.) from the standard weight
corresponding to his/her height, age and sex;
10. Provided, that a new applicant must not be less than twenty-one (21) nor more than thirty (30)
years of age: except for this particular provision, the above-enumerated qualifications shall be
continuing in character and an absence of any one of them at any given time shall be a ground for
separation or retirement from the service:
11. That the uniformed personnel who are already in the service prior to the effectivity of
Republic Act No. 9263 shall be given another five (5) years to obtain the minimum educational

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 41

qualification and appropriate civil service eligibility to be reckoned from the date of the effectivity
of this Act
12. That concerned BFP and BJMP members who have rendered more than fifteen (15) years
of service at the time of the effectivity of this Act shall no longer be required to comply with the
aforementioned educational and eligibility requirements. Likewise, those personnel who have
acquired National Police Commission (NAPOLCOM) eligibility prior to the effectivity of
Republic Act No. 9263 shall no longer be required to obtain the appropriate civil service
eligibility
13. That within the five-year extension period stipulated herein, the issue of whether or not the
BFP shall be devolved to local government units shall be revisited by Congress, and as circumstances
demand, be immediately implemented.

After the lapse of the time period for the satisfaction of a specific requirement, current uniformed personnel of
the BFP and the BJMP who will fail to satisfy any of the requirements enumerated under this Section shall be
separated from the service if they are below fifty (50) years of age and have served in the government
for less than twenty (20) years, or retired if they are from age fifty (50) and above and have served in the
government for at least twenty (20) years without prejudice in either case to the payment of benefits they
may be entitled to under existing laws.

Appointment of Uniformed Personnel to the BFP and the BJMP


The appointment of the BFP and the BJMP shall be affected in the following manners:

a. Fire/Jail Officer I to Senior Fire/Jail Officer IV. – Appointed by the respective Regional
Director for Fire Protection and Regional Director for Jail Management and Penology for the regional
office uniformed personnel or by the respective Chief of the Fire Bureau and Chief of the Jail Bureau
for the national headquarters office uniformed personnel, and attested by the Civil Service
Commission (CSC);

b. "Fire/Jail Inspector to Fire/Jail Superintendent. – Appointed by the respective Chief of the


Fire Bureau and Chief of the Jail Bureau, as recommended by their immediate superiors, and
attested by the CSC;
c. Fire/Jail Senior Superintendent. – Appointed by the Secretary of the DILG upon
recommendation of the respective Chief of the Fire Bureau and Chief of the Jail Bureau, with the
proper attestation of the CSC; and

d. Fire/ Jail Chief Superintendent. To Fire/Jail Director. - Appointed by the President upon
recommendation of the Secretary of the DILG, with the proper endorsement by the Chairman of the
CSC.

Lateral Entry of Officer into the BFP and the BJMP


In general, all original appointments of officers in the Fire Bureau and Jail Bureau shall commence the
rank of fire/jail inspector wherein applicants for lateral entry into the BFP shall include all those with highly
specialized and technical qualifications such as, but not limited to, civil engineers, mechanical engineers,
electrical engineers, chemical engineers, chemist, architects, criminologists, certified public accountants,
nurses, physical therapists, and dentists, while applicants for lateral entry into the BJMP shall include all those
with highly specialized and technical qualifications such as, but not limited to, social workers,

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 42

psychologists, teachers, nurses, dentists and engineers. Doctor of Medicine, members of the Philippine Bar
and chaplains shall be appointed to the rank of fire/jail senior inspector in their particular technical service.
Graduate of the Philippine National Police Academy (PNPA) shall be automatically appointed to the initial
rank of fire/jail inspector.

Professionalization and Upgrading of Qualification Standards in the Designation of Uniformed Personnel of


the BFP and the BJMP to Key Positions

a) No person shall be designated to the following key positions of the BFP and the BJMP unless he/she
has met the qualifications provided therein:

1. Municipal Fire Marshal. – Should have the rank of senior inspector, who must have finished
at least second year Bachelor of Laws or earned at least twelve (12) units in a master's degree program
in public administration, management, engineering, public safety, criminology or other related
discipline from recognized institution of learning, and must have satisfactory passed the necessary
training of career courses for such position as may be established by the Fire Bureau;
2. City Fire Marshal. - Should the rank of chief of senior inspector, who must have finished at
least second year Bachelor of Laws or earned at least twenty-four (24) units in a master's degree
program in public administration, management, engineering, public safety, criminology or other
related disciplines from recognized institution of learning, and must have satisfactory passed the
necessary training or career courses for such position as may be established by the Fire Bureau;
3. District Fire Marshal, Provincial Fire Marshal, Assistant Regional Director for
Administration, Assistant Regional Director for Operations and Regional Chief of Directorial Staff. –
Should have the rank of superintendent, who must be a graduate of Bachelor of Laws or a holder of a
master’s degree in public administration, management, engineering, public safety, criminology or
other related disciplines from recognized institution of learning, and must have satisfactory passed the
necessary training or career courses for such position as may be established by the Fire Bureau;
4. District Fire Marshal for the National Capital Region, Regional Director for Fire Protection
and Director of the Directorate of the National Headquarters Office. – Should have at least the rank
of senior superintendent, who must be a graduate of Bachelor of Laws or a holder of master's degree
in public administration, management, engineering, public safety, criminology or other related
disciplines from a recognized institution of learning, and must have satisfactory passed the necessary
training or career course for such position as may be established by the Fire Bureau;
5. Deputy Chief for Administration of the Fire Bureau, Deputy Chief for Operations of the Fire
Bureau and Chief Directorial Staff of the Fire Bureau.- Should have the rank of superintendent, who
must be a member of the Philippine Bar or a holder of a master's degree in public administration,
management, engineering, public safety, criminology or other related disciplines from recognized
institution of learning, and must have satisfactory passed the necessary training or career courses for
such as may be established by the Fire Bureau; and
6. Chief of the Fire Bureau. – Should have the rank of director, who must be a member of the
Philippine Bar or a holder of a master's degree in public administration, management, engineering,
public safety, criminology or other related discipline from a recognized institution of learning, and
must satisfactorily passed the necessary training or career courses for such position as may be
established by the Fire Bureau.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 43

b) No person shall be designated to the following key positions of the BJMP unless he/she has met the
qualification provided therein:

1. Municipal Jail Warden. – Should have the rank of chief inspector, who have finished at least
second year Bachelor of Laws or earned at least twelve (12) units in a master' degree program in
management, public administration, public safety, criminology, penology, sociology, national security
administration, defense studies, or other related disciplines from a recognized institution of learning,
and must have satisfactory passed the necessary training or career courses for such position as may be
established by the Jail Bureau;
2. City Jail Warden. – Should have the rank of chief inspector, who must have finished at least
second year Bachelor of Laws or earned at least twenty four (24) units in master's degree program in
management, public administration, public safety, criminology, penology, sociology, national security
administration, defense studies or related disciplines from a recognized institution of learning and
must satisfactory passed the necessary training or career courses for such position as may be
established by the Jail Bureau: Provided, That in city jails with a population of one thousand (1,000)
or more inmates, the city jail warden shall the rank and qualification of a district jail warden;
3. District Jail Warden, Provincial Jail Administrator, Assistant Regional Director for
Administration, Assistant Regional Director for Operations and Regional Chief of Directorial Staff. –
Should have the rank of senior superintendent, who must be a graduate of Bachelor of Laws or a
holder of a master's degree in management, public administration, public safety, criminology,
penology, sociology, national security administration, defense studies or other related discipline from
a recognized institution of learning, and must satisfactorily passed the necessary training or career
courses for such position as may be established by the Jail bureau;
4. Regional Director for Jail Management and Penology and Director of the Directorate of the
National Headquarters Office. – Should have the rank of senior superintendent, who must be a
graduate of Bachelor of Laws or a holder of a master's degree in management, public administration,
public safety, criminology, penology, sociology, national security administration, defense studies or
other related discipline from a recognized institution of learning, and must satisfactorily passed the
necessary training or career courses for such position as may be established by the Jail bureau;
5. Deputy Chief for Administration of the Jail Bureau, Deputy Chief for Operations of the Jail
Bureau and Chief of Directorial Staff of the Jail Bureau. – Should have the rank of senior
superintendent, who must be a member of the Philippine Bar or a holder of a master's degree in
management, public administration, public safety, criminology, penology, sociology, national security
administration, defense studies or other related discipline from a recognized institution of learning,
and must satisfactorily passed the necessary training or career courses for such position as may be
established by the Jail bureau; and
6. Chief of the Jail Bureau. – Should have the rank of director, who must be a member of the
Philippine Bar or a holder of a master's degree in management, public administration, public safety,
criminology, penology, sociology, national security administration, defense studies or other related
discipline from a recognized institution of learning, and must satisfactorily passed the necessary
training or career courses for such position as may be established by the Jail bureau.

Any uniformed personnel of the BFP and the BJMP who is currently occupying such position but lacks any of
the qualifications mentioned therein shall be given three (3) years upon the effectivity of this Act to comply
with the requirements, otherwise he/she shall be relieved from the position.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 44

Attrition System for the Uniformed Personnel of the BFP and the BJMP

There shall be established a system of attrition for the uniformed personnel of the BFP and the BJMP within
one (1) year from the effectivity of this Act to be submitted by said bureaus to the DILG for approval. Such
attrition system shall include, but is not limited to, the provisions of the following principles:
1. Attrition by Demotion in Position or Rank. Any uniformed personnel of the BFP and the
BJMP who is relieved and assigned to a position lower than what is established for his/her grade in
the respective staffing pattern of the Fire Bureau and the Jail Bureau, and who shall not be assigned to
a position commensurate to his/her grade within two (2) years after such demotion in position shall be
separated or retired from the service;

2. Attrition by Non-Promotion. Any uniformed personnel of the BFP and the BJMP who has
not been promoted for a continuous period of ten (10) years shall be separated or retired from the
service, except for those who are occupying a third level position;

3. Attrition by Other Means. Any uniformed personnel of the BFP and the BJMP with at least
five (5) years of accumulated active service shall be separated from the service based on any of the
following factors:

a. Inefficiency based on poor performance during the last two (2) successive semestral
rating periods;
b. Inefficiency based on poor performance for three (3) cumulative semestral rating
periods;
c. Physical and/or moral incapacity to perform his/her duties and functions; or
d. Failure to complete the required career courses and/or appropriate civil service
eligibility for his/her position except for justifiable reasons; and

4. Separation or Retirement from the Bureau and the Jail Bureau under this Section. Any
personnel who are dismissed from the BFP and the BJMP pursuant to the above enumerated
principles in this Section shall be separated if he/she has rendered less than twenty (20) years of
service, and be retired if he/she has rendered at least twenty (20) years of service unless the concerned
personnel is disqualified by law to receive such benefits.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 45

THE PHILPPINE DRUG ENFORCEMENT AGENCY

In this module, we will be discussing the


fundamental background of PDEA
 TO DO LIST:
Please do the following in sequential
manner:

1. READ the notes in PDEA;


2. ANSWER the given Activity at the end
of this module.

The
Philippine Drug Enforcement Agency (PDEA) was created by
virtue of Republic Act 9165, otherwise known as “The
Comprehensive Dangerous Drugs Act of 2002.” It was signed
into law on June 7, 2002 and took effect on July 4, 2002. RA
9165 defines more concrete courses of action for the national
anti-drug campaign and imposes heavier penalties to offenders.

The Philippine Drug Enforcement Agency is the lead anti-drug law


enforcement agency, responsible for preventing, investigating and combating any
dangerous drugs, controlled precursors and essential chemicals within the Philippines.

The PDEA was officially activated on July 30, 2002 when its first Director General was appointed
with a rank equivalent to an Undersecretary.

The parent agency of PDEA is “The office of the President of the Philippines”.
The PDEA is headed by a Director General with the rank of Undersecretary and assisted by two (2)
Deputy Director Generals: one for Operation and the other for Administration, both with the rank of
Assistant Secretary.

Vision
To be a professional, effective and well-respected agency working for a drug-free Philippines.

Mission
To be the lead agency in the enforcement of the anti-drug law; to serve as the principal implementing arm of
the DDB; to exercise operational supervision over drug enforcement units of other law enforcement agencies;
and to coordinate the participation of other sectors in the national anti-drug campaign.

Core Values

Honor
We are committed to pursue the highest degree of integrity by conducting ourselves in a manner that would
earn the respect, trust and confidence of the people.

Commitment
We are dedicated to undertake prevention, control and elimination of dangerous drugs
over and above personal interest and take full accountability and responsibility for all our actions.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 46

Respect for Human Dignity


Our outmost concern is respect for human dignity. In the fulfillment of our duties, we uphold human rights,
treating each person with respect, justice and fairness.

Excellence and Competence


We strive to attain the highest standard in the quality of our work through continuous training and education in
order to meet the expectations and ultimately gain the active support of the community.

Functions
As the lead agency in the fight against illegal drugs, the law confers PDEA with the following functions to
attain its mission:
1. Implement or cause the efficient and effective implementation of the national drug control strategy
formulated by the Board thereby carrying out a national drug campaign which shall include drug law
enforcement, control and prevention campaign with the assistance of concerned government agencies;

2. Undertake the enforcement of the provisions of Article II of this 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 this Act and the provisions of Presidential Decree 1619;

3. Administer oath, issue subpoena and subpoena duces tecum relative to the conduct of investigation
involving the violations of this Act;

4. 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;

5. 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;

6. Establish forensic laboratories in each PNP office in every province and city in order to facilitate
action on seized or confiscated drugs, thereby hastening its destruction without delay;

7. Recommend to the DOJ the forfeiture of properties and other assets of persons and/ or corporations
found to be violating the provisions of this Act and in accordance with pertinent provisions of the
Anti-Money Laundering Act of 2001;

8. 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 their similar controlled
substances, and assist, support and coordinate with other government agencies for the proper and
effective prosecution of the same;

9. 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;

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 47

10. Conduct eradication programs to destroy wild or illegal growth of plants from which dangerous drugs
may be extracted;

11. 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 nongovernmental organizations,
including the citizenry, subject to the provisions of previously formulated programs of action against
dangerous drugs;
12. 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;

13. 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;

14. Create and maintain an efficient special enforcement unit to conduct an 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;

15. 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;

16. Coordinate with the Board for the facilitation of the issuance of necessary guidelines, rules and
regulations for the proper implementation of this Act;

17. Initiate and undertake a national campaign for drug 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 investigation of drug related crimes and prosecution of the drug traffickers;

18. 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.

Minimum Qualification Standard To become a PDEA Agent


 21 – 35 years old
 5’2” in height for males;
 5’ in height for females
 *With NCIP-issued Certificate of Confirmation (COC) if under height
 Baccalaureate degree holder
 Eligible for Career Service Second Level Position
 (CS Professional / Board exam passer / qualified by CSC / under special laws)

Application letter addressed to:

USEC. WILKINS M VILLANUEVA, MPA, CESE

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 48

Director General, PDEA


NIA North side Road, National Government Center
Barangay Pinyahan, Quezon City

Personal Data Sheet (PDS) (CSC Form Number 212) (original copy)
PDEA maintains its own PDEA Academy temporarily located at Camp General Mariano N. Castañeda
in Silang, Cavite. 

The PDEA Academy is headed by a superintendent, with the rank of director. It is responsible in the
recruitment and training of all PDEA agents and personnel. 

The PDEA Academy formulates programs of instructions on basic and specialized anti-drug training
courses as well as career courses for all PDEA Agents and Personnel.

The PDEA Drug Enforcement Officers Basic Course comprises:


 Basic management and leadership,
 Communication enhancement skills,
 Community-based anti-illegal drug advocacy, 
 Legal studies,
 Anti-illegal drug intelligence and tactics, 
 Interdiction operations and investigation, and 
 Other non-academic activities.

NATIONAL BUREAU OF INVESTIGATION


In

this module, we will be discussing the fundamental of the National Bureau of Investigation

 TO DO LIST:
Please do the following in sequential manner:

1. READ the notes in the NBI;


2. ANSWER the given Activity at the end of this module.

NBI (National Bureau of Investigation)

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 49

 
The National Bureau of Investigation is the prime investigating arm of the Department of Justice. In
2016, Republic Act no. 10867 otherwise known as the "National Bureau of Investigation Reorganization and
Modernization Act" was promulgated with the purpose of modernizing and reorganization of the NBI.

THE Bureau of Investigation, later renamed the National Bureau of Investigation, came into existence on
19 June 1947, the date Republic Act 157 was approved. Its history retroacts to 13 November 1936, when a Division
of Investigation (DI) under the Department of Justice was created with the enactment of Commonwealth Act No.
181 by the First National Assembly. Sec. 1, C.A. No. 181 provides:

"A Division of Investigation under the Department of Justice is hereby created. It shall be 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 DI was the brainchild 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 GUERRERO, were hired by the Philippine Government to organize the Division of
Investigation of the Department of Justice.

The formation of the DI generated considerable public interest wherein more than 3,000 applied for the
initial 48 positions of NBI Agents. Physical and medical examinations were conducted by doctors of the 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, and after the screening, 48 were certified for employment. Of these
successful candidates, only 45 actually accepted appointments as Agents.

The DI was then formally organized in 1937 and was composed of forty-five (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 of the Japanese Puppet Philippine Republic of 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 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 Counter Intelligence
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’s, most of which were
systematically destroyed by DI personnel for security reasons in order to prevent classified documents and
equipment from falling into the hands of the Japanese.

In 1947, as the Philippines 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

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 50

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 crimes of a complex
nature.
In response, congress filed House Bill No. 1162, from which Republic Act No. 157 originated. R.A. 157
was approved by Congress and enacted into law on 19 June 1947. Thus, was born the Bureau of Investigation. For
all intents and purposes, the Bureau of Investigation (BI) was patterned after the Federal Bureau of Investigation
(FBI) in organization, functions and objectives. the FBI also evolved into its present size from humble beginnings
as a division of the United States Department of Justice. The Bureau of Investigation created under R.A. 157 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.

Legal Basis
Commonwealth Act No. 181 (November 13, 1936) saw the inception of the National Bureau of
Investigation, originally called Division of Investigation (patterned after the US Federal Bureau of
Investigation).

Republic Act No. 157 (June 19, 1947) reorganized the Division of Investigation into the Bureau of
Investigation under the Department of Justice (DOJ).

Executive Order No. 94 (October 4, 1949) renamed the Bureau of Investigation to National Bureau
of Investigation which remained attached to DOJ.

Executive Order No. 292 (July 25, 1987), the Administrative Code of 1987, provided for the
organization structure and operation of the DOJ and its attached agencies, including the NBI.

Today, the DOJ continues to pursue its primary mission "To Uphold the Rule of Law" with its "Justice
for All" motto.

The Office of the Secretary (OSEC) is composed of the National Prosecution Service, the Legal Staff,
the Administrative, Financial, Technical and Planning and Management Services and the Board of Pardons
and Parole. The constituent and attached agencies include the National Bureau of Investigation (NBI), Bureau
of Immigration (BI), Public Attorney’s Office (PAO), Office of the Solicitor General (OSG), Office of the
Government Corporate Counsel (OGCC), Bureau of Corrections (BuCOR), Parole and Probation
Administration (PPA), Presidential Commission on Good Government (PCGG) and the Land Registration
Authority (LRA).

Mandate

The National Bureau of Investigation (NBI) undertakes efficient detection and investigation of crimes
and other offenses against the laws of the Philippines upon its own initiative and as public interest may
require, renders technical assistance upon request in the investigation and detection of crimes and other
offenses, coordinates with other national and local police agencies in the maintenance of peace and order, and
establishes and maintains an up-to-date scientific crime laboratory. It acts as a national clearing house of
criminal and other information for the use of all prosecuting and law enforcement entities of the Philippines:
identification records of identifying marks, characteristics, and ownership or possession of all firearms as well
as of test bullets fired therefrom.

VISION

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 51

To be the center of education and training for crime detection and investigation in the Philippines
 
MISSION
To undertake an effective, efficient and scientific instruction and training in crime investigation.

ORGANIZATIONAL STRUCTURE OF NBI?

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).

The organizational structure of the NBI shall be reorganized into the Office of the Director, Office of
the Deputy Director for Administration, Office of the Deputy Director for Operations, 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 (Sec 3 of RA 10867).
The NBI shall be headed by a Director and assisted by two (2) Deputy Directors, one for
Administration and another 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 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 natural-
born citizen of the Philippines and 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 citizen of the
Philippines and 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 (Sec. 6 of RA
10867).

RANK CLASSIFICATION IN NBI?


Effective February 21, 2019 with the implementation of RA10867), the following ranks are in force:

Old Position New Position


Director VI Director
Director V (Assistant Director) Deputy Director

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 52

Director III (Deputy Director) Assistant Director


Director II (Regional Director) Regional Director
Director I (Assistant Regional Director) Assistant Regional Director
Investigation Agent VI (Head Agent) Head Agent
Investigation Agent V (Supervising Agent) Supervising Agent
Investigation Agent IV (Senior Agent) Senior Agent
Investigation Agent III Investigation Agent III (Agent)
Investigation Agent II
Investigation Agent I
Special Investigator V
Special Investigator IV
Special Investigator III

QUALIFICATIONS OF NBI AGENTS

The minimum qualifications of NBI agents are the following:


1. Must be a Filipino citizen with good moral character.
2. Must be in excellent mental, physical, and psychological health.
3. Must have a baccalaureate degree.
4. Must be a board passer or a first grade Civil Service Exam passer.
5. Must have a general average of 84% in school.
6. Must have no failing grade.
7. Must be between 25-35 years old.
8. At least 5’5” in height for males and 5’3” in height for females.
9. Must have a good eyesight.
10. Must have no criminal, civil, and/or administrative record, cases, and charges.
11. Must not be convicted of any crime.
12. Must have no tattoo/s or body piercing (Expertist, 2020).

POWERS AND FUNCTIONS OF NBI

The NBI shall have the following powers and functions:

a. Undertake investigation and detection of crimes and offenses enumerated under


Section 5 hereof;
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;

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 53

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 government owned and/or -controlled
corporations, in its anti-crime drive. Such assistance may include the use of the agency’s personnel
and facilities upon prior approval by the head of the agency concerned;
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.

Why Lawyer and CPA? 


Simply because an agent must have expertise, knowledge and experience in Accounting, Finance,
Law, Law Enforcement, Political Science and Intelligence in solving cases and critical cases. Qualified agents
are also sent to special training to prepare them in the field and more diversified experience.

They will also be trained to learn more about crime management, investigative experience, military
experience, foreign language proficiency, engineering, computer science, information technology, Physics
expertise and a lot more skills and expertise to different important fields involved with investigation
techniques.

Qualified applicants shall undergo an extensive training for at least 20 weeks at the NBI Academy.

Basic salary of NBI Agents entry level used to be P18, 000 per month but now it is in the range of P32,
000 for the special investigator and around P37, 000 for the NBI agents.

The training is done at the NBI Academy in Baguio City and trainees will be taught with basic investigation
and intelligence course. A newly-commissioned NBI Agent with the rank of Investigation Agent III receives a
salary of P65,319.00 (Salary Grade 22). 

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 54

How to apply?
Download the NBI agent application form (This will only be given to you once you completed the
online application above) Print and fill up the form. Scan your document and email to
nbirecruitment@nbiacademy.edu.ph with the subject (NBI AGENT APPLICATION - "YOUR LAST
NAME") Wait for the official appointment email.

THE PHILIPPINE COAST GUARD

In this module, we will be discussing the history of policing as


well as the evolution of policing system in the Philippines.

   TO DO LIST:

Please do the following in sequential manner:

1. READ the notes in history of policing;


2. ANSWER the given Activity at the end of this module.

Mandates
The Philippine Coast Guard is mandated and responsible to perform maritime search and rescue, maritime law
enforcement, maritime safety, marine environmental protection and maritime security.

VISION
“By 2028, PCG is a world class guardian of the sea committed to save lives, ensure safe maritime
transport, cleaner seas, and secure maritime jurisdiction.”

MISSION
"We are a uniformed armed service that implements and enforces all national and international maritime
safety, security, search and rescue, and marine environmental protection laws in support of the integrated
Maritime Transportation Network objectives, national security and economic development of the Philippines."

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 55

The Philippine Coast Guard is the country’s vanguard against the entry of unsafe foreign vessels into
the country through its Port State Control. At present, the Philippine Coast Guard has seven (7) PSC Centers
and fifteen (15) PSC Divisions all throughout the archipelago. The PSC Center in Manila has the bulk of all
inspections based on frequency of foreign ship calls.

Pursuant to RA 9993, the Philippine Coast Guard is mandated to enforce regulations in accordance
with all relevant maritime international conventions, treaties or instruments of which the government is
signatory and national laws.  

MARITIME SAFETY or MARSAF function is designed to help prevent or minimize unnecessary


loss of lives and properties at sea. 

The seaworthiness of every vessel leaving the port is ensured through the intensified Mandatory Pre-
departure Inspection which include the compliance of vessels to safety standards and prevention of vessels
from sailing for failure  to comply with the standards; conduct of random Emergency Readiness Evaluation
and Operational Readiness Evaluation in the ports;  conduct of regular vessel safety inspections, and
publication of Notice to Mariners (NOTAM), and the implementation and enforcement of navigational rules
and designation of sea lanes, among others. 

Further, the PCG is also responsible in issuing permits and supervises all marine salvage operations. It is
mandated to destroy or tow floating hazards to navigation such as, but not limited to illegal fish traps and
vessels.

Moreover, navigational safety is ensured by operating and/or maintaining and servicing 565 lighthouses and
more than 44 navigational buoys around the country which guide and ensures safe voyage to mariners

The Philippine Coast Guard, in accordance with the Convention of Safety of Life at Sea (SOLAS), is the
national maritime search and rescue service of the country. The Coast Guard Action Center (CGAC) at the
PCG Headquarters in Manila, by virtue of the current functions and facilities, serves as the coordinating

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 56

centers for all search and rescue operations. The twelve Coast Guard Districts are designated as Maritime
Rescue Coordinating Council (MRCC) within their areas of responsibility while the 59 Coast Guard Stations
are designated as Maritime Rescue Sub-Centers (MRSC). The detachments under these stations are designated
as SAR units.

The PCG’s SAR organization maintains constantly-manned watch centers that operate 24 hours a day,
continuously monitoring distress frequencies and conducting coastal foot and seaborne patrol within their area
of responsibility. There is at least one division or squadron of Coast Guard Auxiliary in each MRSC where
watch can be set and assistance can be obtained when required. Likewise, at least one Deployable Response
Team composed of Special Operations Group, Medical Team, K-9 and rescue swimmers is organized at each
Coast Guard District or MRCC which can be dispatched immediately to any maritime and land base search
and rescue operations.

Maritime Security is another important function of the PCG. Considering the archipelagic character of the
country, it is vital to enhance the security of its different maritime zones to protect the integrity as a nation. In
the performance of this function, the PCG contributes to maintain good order at sea by conducting regular
patrols and surveillance for the safety of navigation of ships, to safeguard ships from illegal acts and to
promote freedom of navigation.

The PCG is likewise mandated to secure exploration and resource utilization activities within the country's
maritime jurisdiction.

In its Sea Marshal Program, the PCG manages composite security forces composed of AFP, PNP and PCG
elements to protect voyages of passenger-laden vessels in domestic routes. The Coast Guard also boasts of a
newly established nationwide K-9 unit composed of highly trained sniffing dogs deployed in the major ports
throughout the country.

The PCG is likewise mandated to conduct MARITIME LAW ENFORCEMENT (MARLEN) and implement
laws on fisheries (and poaching), immigration, tariff and customs, forestry, firearms and explosives, human
trafficking, dangerous drugs and controlled chemicals, and to implement the revised penal code and all other
applicable laws within the country’s maritime jurisdiction and battle transnational crimes. 

The PCG is authorized to board and inspect all watercrafts suspected to be involved in or used in illegal trade.
PCG personnel are also deemed agents of BFAR, Immigration, Customs, DENR, PDEA, and INTERPOL in
the performance of its MARLEN function.

As a maritime organization under RA 9993, it is deputized by 21 government agencies to perform maritime


law enforcement functions directed towards the suppression of piracy, smuggling, poaching, illegal fishing,
illegal entry, human smuggling, illegal logging, drug trafficking, gun running and terrorist activities.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 57

C
I PRELIM PERIOD
C

LAW ENFORCEMENT ORGANIZATION AND


ADMINISTRATION

1st Semester, School Year 2021-2022

Prepared By:

CARISSA R. MENDOZA, RCrim


Faculty

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 58

OTHER LAW
ENFORCEMENT
AND

FINAL PERIOD
1ST SEMESTER, S.Y 2021-2022

Week 13 The Bureau of Corrections


Week 14 The Department of Transportation
Week 15 The Land Transportation Office
Week 16 The Land Transportation and
Franchising Regulatory Board
Week 17 The Bureau of Customs
WEEK 18 FINAL EXAMAMINATION

THE BUREAU OF CORRECTIONS

In this module, we will be

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 59

discussing the fundamental


background and amendments
of the BuCor.

3. READ the notes in BuCor;


4. ANSWER the given Activity

at the end of this module.

BUREAU OF PRISONS AND BUREAU OF CORRECTIONS LOGO

The three (3) keys symbolized the three Century Prisons: The Old Bilibid
Prison (1866), San Ramon Penal Farm (1870) and Iwahig Penal Colony (1904),
integrated into one (1) office of the Bureau of Prisons

The seal signifies the productive and worthwhile activities that an inmate is
engaged in while inside prison. The focus of an education as means of self-
actualization and personal growth supported with sports, skills development and
religious activities that would help him assume a new outlook in life. He is also
engaged in various livelihood programs under the operation of agro-Industries to
enable him to have employment opportunities once released.

The Bureau of Corrections was founded in 1905. The eleven (11) bay leaves,
which represent a decade per leaf, refer to the achievement and developments of
BUCOR since its existence. It also covers the 112th anniversary of BUCOR where its
first ever modernization law put into place.
The man-figure represents the Person Deprived of Liberty (PDL), who had undergone
security and effective rehabilitation programs (prison railings with green
background) through meaningful justice (justice symbol), is about to be released from
prison facing the EAST where the sun rises which represent the free society and
symbolized new hope. The seven rays of the sun further symbolized the seven (7)
Operating Prison and Penal Farms of BUCOR.

Bureau of Corrections in the Philippines


The main penitentiary was the Old Bilibid Prison on Oroquieta Street in Manila, which was
established in 1847. It was formally opened on April 10, 1866 by a Royal Decree. About four years later,
on August 21, 1870, the San Ramon Prison and Penal Farm in Zamboanga City was established to confine
Muslim rebels and recalcitrant political prisoners opposed to the Spanish rule. The facility, which faced the
Jolo Sea, had Spanish-inspired dormitories and was originally set on a 1,414-hectare sprawling estate.
When the Americans took over in the 1900s, the Bureau of Prisons was created under the
Reorganization Act of 1905 (Act No. 1407 dated November 1, 1905) as an agency under the Department of

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 60

Commerce and Police. It also paved the way for the re-establishment of San Ramon Prison in 1907, which
was destroyed in 1898 during the Spanish –American war.
Before the reconstruction f San Ramon Prison, the Americans established in 1904 the Luhit Penal
Settlement (now Iwahig Prison and Penal Farm) on a vast reservation of 28, 072 hectares. It would
reach a total land area of 40,000 hectares in the late 1950s. The area was expanded to 41,007 hectares by
virtue of Executive Order No. 67 issued by Governor Newton Gilbert on October 15, 1912. On November
27, 1929, the Correctional Institution for Women (CIW) was created under Act no. 3579 to date; it is
the only prison facility for women. In the country, the Davao Penal Colony in Sothern Mindanao was
opened in January 21, 1932 under Act No. 3732.
Owing to the increasing number of committals to the old Bilibid Prison in Manila, the New Bilibid
Prison was established in 1935 in the southern suburd of Muntinlupa, Rizal. After the American regime,
the Sablayan Prison and Penal Farm in Occidental Mindoro under Proclamation No. 72 was issued on
September 26, 1954 and Leyte Regional Prison under Proclamation No. 1101 issued on January 16,
1973. The Bureau of prisons was renamed Bureau of Corrections under the New Administrative Code
of 1987 and Proclamation No. 495 issued on November 22, 1989. It is one of the attached agencies of the
Department of Justice.

CORRECTIONAL/ BILIBID PRISONS AND PENAL COLONIES

Old Bilibid Prison – known as “Carcel y Presidio Correccional” and could accommodate 1,127
prisoners. The Carcel was designed to house 600 prisoners who were segregated according to class, sex
and crime while Presidio could accommodate 527 prisoners. The prison occupied a quadrangular piece of
land 180 meters long on each side, which was formerly a part of the Mayhalique Estate in the heart of
Manila.
The Bureau of Prisons had a ship, the BUPRi that transported goods and prisoners to all penal
establishments in the country.
In 1940, the entire prison population including security facilities and equipment were transferred to a new
site in Muntinlupa. A portion was left to serve as the Manila office of the Bureau of Prisons. Remaining
edifices were used to house the Manila City Jail.
New Bilibid Prison (NBP): accordingly, Commonwealth Act No. 67 was enacted, appropriate,
appropriating one million pesos for the construction of a new national prison in Muntinlupa. On November
15, 1940 all inmates of the Old Bilibid Prison in Manila were transferred to the new site. It had capacity of
3,000 prisoners and it was officially named the New Bilibid Prison on January 22, 1941. The prison
reservation had an area of 587 hectares. The prison compound proper had an area of 300x 300 meters or a
total of 9 hectares.
It has maximum security compound in the „70s and continues to be so. Another facility was constructed.
The NBP expanded with the construction of new security facilities such as Camp Sampaguita or the
Medium Security Camp which served as a military stockade during martial law and the Minimum-
Security Camp, whose first site was christened Bukang Liwayway. On January 22, 1941 the electric
chair was transferred to New Bilibid Prison.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 61

Correctional Institution for Women (CIW) - after a series of negotiations started by Prison Director
Ramon Victorio, the Philippine Legislature passed Republic Act No. 3579 in November 1929. It
authorized the transfer of all women inmates to a building in Welfareville at Mandaluyung, Rizal on
February 14, 1931, the women prisoners were transferred from Old Bilibid Prison to the building especially
constructed for them. Its old name, Women‟s Prison, was change to Correctional Institution for Women
and it occupied 18 hectares.

Fort Bonifacio Prison – a committee report submitted to then President Carlos P. Garcia described Fort
Bonifacio, formerly known as Fort William McKinley, as a military reservation located in Makati, which
was established after the Americans came to the Philippines. The prison was originally used as a detention
center for offenders of US military laws and ordinances. During the administration of President Diosdado
Macapagal, the Fort was renamed For Andres Bonifacio. The correctional facility was also renamed Fort
Bonifacio Prison. The one-story building now stands on a one-hectare area.
Iwahig Penal Colony – Puerto Princesa was selected as the site for a correctional facility. The institution
had for its first Superintendent Lt. George Wolfe, a member of the U.S expeditionary force, who later
became the first prisons director. Governor Luke Wright authorized the establishment of a penal colony in
the Province of Palawan on November 16, 1904.
Administrative Order No. 20 was promulgated by the President and implemented by the Secretary of
Justice and the Secretary of Agriculture and Natural Resources. This order allowed the distribution of
colony lands for cultivation by deserving colonists. The order also contained a list of qualifications for
colonists who wished to apply for a lot to cultivate, the conditions for the settler’s stay in his land, loan
requirements and marketing of the settlers produce. Lots granted did not exceed six hectares.
San Ramon Prison and Penal Farm – it was established in Southern Zamboanga on August 21, 1870
through a Royal decree promulgated in 1869. Established during the tenure of Governor General Ramon
Blanco (whose patron saint the prison was named after), the facility was originally established for persons
convicted of political crimes. Prisoners in San Ramon were required to do agricultural work.

Davao Penal Colony – The Davao Penal Colony is the first penal settlement founded and organized under
Filipino administration. The settlement, which originally had an area of approximately 30,000 hectares in
the districts of Panabo and Tagum, Davao del Norte, was formally established on January 21, 1932 by
virtue of Act No. 3732.
Sablayan Prison and Penal Farm – it is located in Occidental Mindoro and relatively new. Established on
September 26, 1954 virtue of Presidential Proclamation No. 72, the penal colony has a total land area of
approximately 16, 190 hectares. Prison records show that the first colonists and employees arrived in
Sablayan on January 15, 1955. It was used by the national government as relocation site for refugees from
the eruption of Mt. Pinatubo eruption in 1991. Leyte Region Prison – the Leyte Regional Prison situated
in Abuyog, Southern Leyte, was established a year after the declaration of martial law in 1972 by virtue
of Presidential Decree No. 28.

REPUBLIC ACT No. 10575 – “This Act shall be known as "The Bureau of Corrections Act of 2013″.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 62

It is the policy of the State to promote the general welfare and safeguard the basic rights of every
prisoner incarcerated in our national penitentiary. It also recognizes the responsibility of the State to
strengthen government capability aimed towards the institutionalization of highly efficient and competent
correctional services.

Section 4. The Mandates of the Bureau of Corrections. – The BuCor shall be in charge of safekeeping and
instituting reformation programs to national inmates sentenced to more than three (3) years.

(a) Safekeeping of National Inmates – The safekeeping of inmates shall include decent provision
of quarters, food, water and clothing in compliance with established United Nations standards. The
security of the inmates shall be undertaken by the Custodial Force consisting of Corrections
Officers with a ranking system and salary grades similar to its counterpart in the BJMP.

(b) Reformation of National Inmates – The reformation programs, which will be instituted by the
BuCor for the inmates, shall be the following:

(1) Moral and Spiritual Program;

(2) Education and Training Program;

(3) Work and Livelihood Program;

(4) Sports and Recreation Program;

(5) Health and Welfare Program; and

(6) Behavior Modification Program, to include Therapeutic Community.

(c) The reformation programs shall be undertaken by Professional Reformation Personnel


consisting of Corrections Technical Officers with ranking system and salary grades similar to
Corrections Officers.

(1) Corrections Technical Officers are personnel employed in the implementation of


reformation programs and those personnel whose nature of work requires proximate or
direct contact with inmates.

(2) Corrections Technical Officers include priests, evangelists, pastors, teachers,


instructors, professors, vocational placement officers, librarians, guidance counselors,
physicians, nurses, medical technologists, pharmacists, dentists, therapists,
psychologists, psychiatrists, sociologists, social workers, engineers, electricians,
agriculturists, veterinarians, lawyers and similar professional skills relevant to the
implementation of inmate reformation programs.

Organization and Key Positions of the Bureau of Corrections.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 63

(a) The BuCor shall be headed by a Director who shall be assisted by three (3) Deputy Directors: one (1) for
administration, one (1) for security and operations and one (1) for reformation, all of whom shall be
appointed by the President upon the recommendation of the Secretary of the DOJ.
(b) The Head of the BuCor, with the rank of Undersecretary, shall have the position and title of
Director General of Corrections. The second officers in command of the BuCor, with the rank of
Assistant Secretary, shall have the position and title of Deputy Directors of Corrections. The third officer
in command of the BuCor, with the rank of Chief Superintendent, shall have the position and title of
Corrections Chief Superintendent. The fourth officer in command of the BuCor, with the rank of Senior
Superintendent, shall have the position and title of Corrections Senior Superintendent. The fifth officer in
command of the BuCor, with the rank of Superintendent, shall have the position and title of Corrections
Superintendent.

Professionalization and Upgrading of Qualification Standards in the Appointment of the BuCor


Personnel. – (a) No person shall be appointed as personnel of the BuCor unless one possesses the following
minimum qualifications:

(1) A citizen of the Republic of the Philippines;

(2) A person of good moral character;

(3) Must have passed the psychiatric/psychological, drug and physical test for the purpose of
determining his/her physical and mental health;

(4) Must possess a baccalaureate degree from a recognized learning


institution;

(5) Must possess the appropriate civil service eligibility;

(6) Must not have been dishonorably discharged or dismissed for cause from previous
employment;

(7) Must not have been convicted by final judgment of an offense or crime involving moral
turpitude; and

(8) 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 requirement/s may be granted to applicants belonging to the cultural communities:
Provided, further, that a new applicant must not be less than twenty-one (21) or more than
forty (40) years of age. Except for this particular provision, the above-enumerated
qualifications shall be continuing in character and an absence of any one of them at any given
time shall be ground for separation or retirement from the service: Provided, furthermore, That
those who are already in the service upon the effectivity of this Act shall be given five (5) years
from the date of such effectivity to obtain the minimum educational qualification and eligibility
with subsidiary assistance as provided for in this Act.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 64

Appointment of Personnel to the BuCor. – The appointment of the BuCor shall be effected in the
following manner:

(a) Corrections Officer I to Corrections Chief Superintendent – Appointed by the Director


General of Corrections, and attested by the Civil Service Commission (CSC); and

(b) Director General of Corrections and Deputy Director of Corrections – Appointed by the
President upon the recommendation of the Secretary of the DOJ, with the proper endorsement by
the Chairman of the CSC.

Lateral Entry of Officer into the BuCor. – In general, all original appointments of officers in the BuCor
shall commence with the rank of Corrections Inspector wherein applicants for lateral entry into the BuCor
shall include all those with highly specialized and technical qualifications such as, but not limited to, civil
engineers, mechanical engineers, electrical engineers, chemical engineers, chemists, architects,
criminologists, certified public accountants, nurses, physical therapists, dentists, social workers,
psychologists, sociologists, guidance counselors and teachers. Doctors of Medicine, members of the
Philippine Bar and chaplains shall be appointed to the rank of Corrections Senior Inspector in their
particular technical service.

Attrition System for the Personnel of the BuCor. – There shall be established a system of attrition for the
personnel of the BuCor within five (5) years from the effectivity of this Act, to be submitted by the said
bureau to the DOJ for approval. Such attrition system shall include, but is not limited to, the provision of the
following principles:

(a) Attrition by Demotion in Position or Rank – Any personnel of the BuCor who is relieved and
assigned to a position lower than what is established for the grade in the respective staffing pattern,
and who shall not be assigned to a position commensurate to one‟s grade within two (2) years after
such demotion in position shall be separated or retired from the service;

(b) Attrition by Non-Promotion – Any personnel of the BuCor who has not been promoted for a
continuous period often (10) years shall be separated or retired from the service, except for those
who are occupying a third level position;

(c) Attrition by Other Means – Any personnel of the BuCor with at least five (5) years of
accumulated active service shall be separated from the service based on any of the following
factors:

(1) Inefficiency based on poor performance during the last two (2) successive semestral
rating periods;

(2) Inefficiency based on poor performance for three (3) cumulative semestral rating
periods;

(3) Physical and/or mental incapacity to perform one‟s duties and functions; or

(4) Failure to complete the required career courses and/or appropriate civil service
eligibility for his/her position except for justifiable cause or reason; and

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 65

(d) Separation or Retirement from the BuCor under this Section – Any personnel who is
dismissed from the BuCor pursuant to the above enumerated principles in this section shall be
separated if one has rendered less than twenty (20) years of service, and be retired if one has
rendered at least twenty (20) years of service unless the concerned personnel is disqualified by law
to receive such benefits.

Promotion System for the Personnel of the BuCor. – Within six (6) months after the effectivity of this
Act, the BuCor shall establish a system of promotion for the personnel of the BuCor through the following
principles:

(a) Rationalized Promotion System – The system of promotion shall be based on merit and on the
availability of vacant ranks in the BuCor staffing pattern. Such system shall be gender-fair so as
to ensure that women personnel of the BuCor shall enjoy equal opportunity for promotion as to
men;

(b) Requirements for Promotion –

(1) Any personnel of the BuCor shall not be eligible for promotion to a higher rank
unless one has met the minimum qualification standards or the appropriate civil service
eligibility set by the CSC, and has satisfactorily passed the required
psychiatric/psychological, drug and physical test; and

(2) Any personnel of the BuCor who has exhibited acts of conspicuous courage and
gallantry at the risk of one‟s life above and beyond the call of duty, or selected as such in a
nationwide search conducted by any accredited civic organization, shall be promoted to the
next higher rank: Provided, that these shall be validated by the DOJ and the CSC based on
established criteria.

Standardization of the Base Pay and Other Benefits of the Uniformed Personnel of the BuCor. – In
order to enhance the general welfare, commitment to service and professionalism, the following are
considered uniformed personnel of the BuCor:

CUSTODIAL RANK REFORMATION RANK

Corrections Chief Superintendent

Corrections Senior Superintendent Corrections Technical Senior Superintendent

Corrections Superintendent Corrections Technical Superintendent

Corrections Chief Inspector Corrections Technical Chief Inspector

Corrections Senior Inspector Corrections Technical Senior Inspector

Corrections Inspector Corrections Technical Inspector

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 66

Corrections Senior Officer IV Corrections Technical Senior Officer IV

Corrections Senior Officer III Corrections Technical Senior Officer III

Corrections Senior Officer II Corrections Technical Senior Officer II

Corrections Senior Officer I Corrections Technical Senior Officer I

Corrections Officer III Corrections Technical Officer III

Corrections Officer II Corrections Technical Officer II

Corrections Officer I Corrections Technical Officer I

THE DEPARTMENT OF TRANSPORTATION

In this module, we will be discussing


the DOTr and its implantation, power and function to have an accessible transportation system in the
Philippines.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 67

Please do the following in sequential manner:

1. READ the notes in The DOTr;


2. ANSWER the given Activity at the end of this module.

The Department of Transportation (DOTr) is the primary policy, planning, programming, coordinating,
implementing and administrative entity of the executive branch of the government on the promotion,
development and regulation of a dependable and coordinated network of transportation and communications
systems, as well as in the fast, safe, efficient and reliable transportation and communications services

Republic Act No. 10844, Section 15 (a) (6)


An Act creating the Department of Information and Communications Technology, defining its Powers and
Functions, Appropriating Funds therefor, and for other purposes.

All operating units of the Department of Transportation and Communications (DOTC) with functions and
responsibilities dealing with communications are abolished, and their power and functions, applicable funds
and appropriations, records, equipment, property, and personnel transferred to the Department of Information
and Communications Technology, and renaming DOTC to Department of Transportation.

Executive Order No. 125-A


Amending Executive Order No.125, Entitled "Reorganizing the Ministry of Transportation and
Communications. Defining its power and functions, and for other purposes.

Executive Order No. 125


Reorganizing the Ministry of Transportation and Communications defining its powers and functions for other
purpose

Executive Order No. 546


Creating a Ministry of Public Works and a Ministry of Transportation and Communications

OFFICE FOR TRANSPORTATION SECURITY (OTS)


The Office for Transportation Security (OTS) is the single authority responsible for the security of the
transportation systems of the country, including, but not limited to, the following: Civil Aviation, Sea
Transport and Maritime Infrastructure, Land Transportation, Rail System and Infrastructure. It was created by
virtue of Executive Order No.277.  In response to the international mandate calling for a single authority for
all modes of transportation security in the Philippines, E.O. 311 was issued on April 26, 2004.

CIVIL AVIATION AUTHORITY OF THE PHILIPPINES (CAAP)


The CAAP is responsible for implementing policies on civil aviation in order to ensure safe, economical, and
efficient air travel. As an independent regulatory body with quasi-judicial and quasi-legislative powers, the
CAAP is mandated to set comprehensive, clear and impartial rules and regulations for the Philippine aviation
industry.

MANILA INTERNATIONAL AIRPORT AUTHORITY (MIAA)


Created by Executive Order 778, the MIAA provides safe, efficient, and reliable airport facilities for

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 68

international and domestic travel at the Ninoy Aquino International Airport (NAIA). It is also tasked with
promoting NAIA as a center for international trade and tourism.

CLARK INTERNATIONAL AIRPORT CORPORATION


The CIAC fully commits to provide quality management of airport infrastructure and services in order to
realize our vision to be premier world-class airport of the Philippines by 2020; the secondary airport of choice
by 2017; and, a competitive aviation services center in the Asia Pacific Region by 2015.

CIVIL AERONAUTICS BOARD (CAB)


The CAB is tasked with regulating, promoting, and developing the economic aspects of civil aviation in the
Philippines. The CAB regulates the lease, purchase, and sales of aircraft, along with overseeing consolidations
and mergers of domestic air carriers.

MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY (MCIAA)


The MCIAA is in charge of operating and maintaining the Mactan International Airport, which is currently the
premier gateway to the Central Visayas. The MCIAA provides airport safety and security, and also
implements airport rules and regulations.

ROAD TRANSPORT

TOLL REGULATORY BOARD (TRB)


The Toll Regulatory Board supervises and regulates the construction, operation, and maintenance of toll
facilities, and is also responsible for the collection of toll fees. It was created by virtue of Presidential Decree
(P.D.) No. 1112 (a.k.a. the Toll Operation Decree).

OFFICE OF TRANSPORT COOPERATIVES (OTC)


The OTC was created in 1963 by virtue of Executive Order 898, and was originally known as the Committee
on Transport Cooperatives. The current objective of the OTC is to integrate the transport cooperatives
program into the public transport and transit system, in order to achieve economies of scale with respect to
fuel consumption.

PHILIPPINE NATIONAL RAILWAYS (PNR)


The PNR was created via legislation in June 1964, in order to provide a nationwide railway transportation
system. There are currently plans to create new lines connecting the rapidly developing areas in Central Luzon
and the South Tagalog region with Metro-Manila.

LIGHT RAIL TRANSIT AUTHORITY (LRTA)


The LRTA was created via Executive Order 603 on July 12, 1980, in order to oversee the construction and
operation of the Light Rail Transit project extending from Baclaran in Pasay City, to Monumento in Caloocan.
Since then, the LRTA's mandate has expanded to encompass other light rail projects in Metro-Manila.

MARITIME TRANSPORT

PHILIPPINE PORTS AUTHORITY (PPA)


The PPA is the primary government agency concerned with the planning and development of the country
seaports. Established in 1974, the PPA charter was amended by Executive Order 857, which expanded its
functions to include the integration and coordination of ports nationwide.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 69

MARITIME INDUSTRY AUTHORITY (MARINA)


The MARINA oversees the promotion and development of the maritime industry, and also provides effective
regulation of shipping enterprises. Since its establishment in June 1994, MARINA was granted the authority
to issue Certificates of Public Convenience (CPC), permitting the operation of domestic and overseas water
carriers. Other functions of the agency include the registration of vessels, the issuance of licenses, the
addressing of safety concerns pertaining to vessel construction, and the enforcement of maritime law.

CEBU PORTS AUTHORITY (CPA)


The Cebu Ports Authority (CPA) was created through the enactment of Republic Act No. 7621, signed on
June 26, 1992. The CPA's mandate is to administer all ports located in Cebu Province, thus effectively
separating these ports from the Philippine Ports Authority (PPA) system. The CPA began operations and
officially took over all Cebu ports on January 1, 1996.

PHILIPPINE MERCHANT MARINE ACADEMY (PMMA)


The PMMA, formerly known as the Philippine Nautical School, was created in January 1963 via Republic Act
3680. The PMMA produces efficient and well-trained merchant marine officers of an international caliber.
PMMA graduates spearhead Philippine efforts in international trade, and are also capable of serving as
auxiliary naval officers during times of conflict.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 70

LAND TRANSPORTATION OFFICE

In this module, we will be discussing the organization of LTO.

Please do the following in sequential manner:

1. READ the notes in LTO


2. ANSWER the given Activity at the end of this module.

The LTO envisions a model government agency showcasing excellent and quality public service for a
progressive land transport sector.

Land Transportation Office (LTO) Mission

We are committed to work towards the rationalization of Land Transportation Office services and
facilities, and to implement effectively the various transportation laws, rules and regulations in coordination
and collaboration with other government agencies, business sector, civil society and other stakeholders.
Towards this end, we are determined to:

 Put order on the roads


 License quality drivers
 Register roadworthy and emission – free motor vehicles

Land Transportation Office (LTO) Mandate and Main Functions

 Inspection and Registration of Motor Vehicles


 Issuance of Licenses and Permits
 Enforcement of Land Transportation Rules and Regulations
 Adjudication of Traffic Cases
 Collection of Revenues for the Government

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 71

The concept of land transportation system in the Philippines started when our ancestors invented the
means of locomotion with the animals in moving people and goods from place to place. Although the means
of land transportation during the early days were not as sophisticated as the modern vehicles of today and the
roads not as well constructed, the early Filipinos also observed some laws to govern their mobility. These laws
were as informal and simple as specifying which animal could be used for certain purposes but these showed
that our ancestors had already felt the need to regulate the transportation system.

  As early as 1910, there were already few motor vehicles seen operating in public highways in Manila
and suburbs.

Better means of transportation were invented and introduced in the country. Gradually, the Filipinos
learned to use cars, trucks, jeeps and other types of vehicles. The means of transportation became better and
powerful and the laws governing land travel became more formal and modern.

On February 6, 1912, Legislative Act No. 2159 was enacted to regulate motor vehicles in the
Philippine Islands and to provide for the regulation and licensing of operators. This was the first formal law
on land transportation passed by the legislature. This law created an Automobile Section under the
Administrative Division of the Bureau of Public Works. The Section was tasked to take charge of motor
vehicles and drivers’ services.

Later on, Legislative Act 2159 was amended by 2389, 2556, 2587, 2639 and 2925. In 1922, Act No.
3045 was passed into law compiling and incorporating all laws governing motor vehicles. The
Automobile Section was upgraded to the Automobile Division under the Bureau of Public Works.

On January 1, 1933, Act No. 3992 otherwise known as “The Revised Motor Vehicle Law” was
enacted amending Act No. 3045.The Automobile Division was renamed Division of Motor Vehicles. The
Chief of the Division was called the Superintendent of Division of Motor Vehicles. Act No. 3992 was
amended by Commonwealth Act Numbers 123, 548, 556, 652 and Republic Act Numbers 314, 587, and 2383.

On June 2, 1945, Department Order No. 4 was issued by the Department of Public Works and
Highways reorganizing the Division This took effect after the liberation of the Philippines from the Japanese
invasion.

In 1947, Executive Order No. 94 was promulgated reorganizing the different executive departments,
bureaus and offices. Under Section 82 of this E.O., the Division of Motor Vehicles was upgraded into the
Motor Vehicles Office (MVO) with the category of a Bureau. The Chief of the MVO enjoyed the rights and
privileges of a Bureau Director.

During the fifties and early sixties, our country started undergoing rapid economic development.
Industrialization advanced and as a consequence, more and better roads were constructed. The Filipino then
realized the need for more and better means of transportation.

This need was second only to the need for drugs such as so valid. The growth in the number of motor
vehicles increased the demand for services that the MVO must render to the public. This necessitated the
issuance by the DPWH on June 5, 1961 of Administrative Regulation No. 1 transferring the function of
collecting the registration fees from city treasurers to the various vehicle agencies of MVO.

On June 20, 1964, R.A. 4136, otherwise known as the “Land Transportation and Traffic Code”
was enacted abolishing the Motor Vehicle Office and creating the Land Transportation Commission.
This law likewise partially repealed Act No. 3992. The Code provided that the Land Transportation

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 72

Commission shall “control as far as they apply, the registration and operation of motor vehicles and the
licensing of owners, dealers, conductors, drivers and similar matters.”

To effectively carry out its mandate, the Land Transportation Commission established regional offices
in various parts of the country.

On July 23, 1979, Executive Order Number 546 was promulgated creating the Ministry of
Transportation and Communications (MOTC) This marked reorganization. The Land Transportation
Commission was renamed Bureau of Land Transportation and was absorbed by MOTC.

On June 2, 1980, Batas Pambansa Bilang 43 was passed providing for the issuance of permanent
number plates to owners of motor vehicles and trailers, amending for the purpose section 17 of RA 4136.

On March 20, 1985, Executive Order 1011 was promulgated. This Executive Order abolished the
Board of Transportation and the Bureau of Land Transportation and established the Land Transportation
Commission.

The defunct BLT and BOT were merged and their powers, functions and responsibilities were
transferred to the Land Transportation Commission (LTC) headed by a chairman, assisted by four
Commissioners.

The LTC was tasked to perform functions such as registering motor vehicles, licensing of drivers and
conductors, franchising of public utility vehicles and enforcing traffic rules and regulations and adjudicating
apprehensions. On January 30, 1987, the Land Transportation Commission was abolished and two offices
were created, namely: The Land Transportation Office (LTO) and the Land Transportation Franchising and
Regulatory Board (LTFRB). The LTO took over the functions of the former BLT and the LTFRB took over
the functions of the former BOT. The MOTC was likewise renamed DOTC.

All these changes took effect with the promulgation of Executive Order No. 125 which was later
amended by Executive Orders No. 125-A dated April 13, 1987 and E.O. 226 dated July 25, 1987.

Despite the changes in names of Office and all the reorganizations that took effect, its basic functions
on land transportation system remain the same. The promotion of safety and comfort in land travel is its
continuing commitment. When Executive Orders 125, 125-A and 226 were promulgated, LTO was
composed of only thirteen (13) regions.

As time went on, additional regions were created, namely: CAR, CARAGA and MIMAROPA.
While CAR and CARAGA are attached to the DOTC, they report to LTO Central Office on matters of
registration of motor vehicles, issuance of driver's licenses and enforcement of land transportation laws, rules
and regulations.

The LTO is now composed of the following regions:

 Region I - Aguila Road, Brgy. Sevilla, San Fernando City, La Union


 Region II - San Gabriel, Tuguegarao, Cagayan
 Region III - Government Center, Brgy. Maimpis, City of San Fernando, Pampanga
 Region IVA - J. C. Abadilla Memorial Bldg., Old City Hall Compound, B. Morada Ave., Lipa City
Batangas
 Region IVB - MIMAROPA – LTO Compd., East Avenue, QC.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 73

 Region V - Regional Govt. Center Site, Rawis, Legaspi City


 Region VI - Tabuc-Suba, Jaro, Iloilo City
 Region VII - Natalio Bacalso Avenue, Cebu City
 Region VIII – Old Army Road, Tacloban City
 Region IX - Veterans Ave., Zamboanga City/Balangasan St., Pagadian
 Region X - MVIS Compound, Zone 7, Bulua, Cagayan de Oro City
 Region XI - Quimpo Blvd., Davao City
 Region XII - ARMM Compound, Cotabato City/No. 79 G. Del Pilar St., Koronadal City, South
Cotabato
 National Capital Region (NCR) – #20 G. Araneta Avenue, Brgy. Sto Domingo, Q.C.
 Cordillera Administrative Region (CAR) - Engineer’s Hill, Baguio City/2nd Flr., Post Office Loop,
Session Road, Baguio City
 CARAGA - J. Rosales Avenue, Butuan City

The volume of transactions at LTO has grown so fast without increasing the manpower, hence to meet the
public’s demand, LTO introduced the computerization of its transactions sometime in 1998.To date, almost all
LTO Offices are computerized except those with manpower, telecommunications and security issues.

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD

In this module, we will be discussing the background of the LTFRB and its basic function in the Philippine
Transportation.

Please do the following in sequential manner:

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 74

1. READ the notes in LTFRB;


2. ANSWER the given Activity at the end of this module.

HISTORICAL BACKGROUND
The regulatory land transportation dates back to the early 1900s. The LTFRB therefore, is a product of a
series of transformations. The evolutionary progression runs as thus:

 Coastwise Rate Commission – November 17, 1902


 Supervising Railway Expert – June 29, 1906
 Board of Public Utility Commissioners – December 19, 1913
 Public Utilities Commission – March 9, 1917
 Public Service Commission – 1926
 Specialized Regulatory Boards – 1972
 Board of Transportation – 1979
 Land Transportation Commission (BOT & BLT) – 1985
 Land Transportation Franchising & Regulatory Board – 1987

MISSION
Ensure that the commuting public has adequate, safe, convenient, environment-friendly and dependable public
land transportation services at reasonable rates through the implementation of land-based transportation
policies, programs, and projects responsive to an investment-led and demand-driven industry.

VISION
World-class land transportation services contributing to the over-all development of the country, improvement
of the socio-economic status of its stakeholders, and promotion of the welfare of the general public.

OUR MANDATE
To promulgate, administer, enforce, and monitor compliance of policies, laws, and regulations of public land
transportation services.

EXECUTIVE ORDER NO. 202


CREATING THE LAND TRANSPORTATION FRANCHISING AND
REGULATORY BOARD

Composition of the Board


a. One (1) Chairman and
b. Two (2) members with the same rank, salary and privileges of an Assistant Secretary,

all of whom shall be appointed by the President of the Philippines upon recommendation of
the Secretary of Transportation and Communications.

c. One (1) member of the Board shall be a member of the Bar and shall have engaged in the practice of
law in the Philippines for at least five (5) years,
d. One (1) degree in civil engineering, and
e. One (1) degree in economics, finance or management both with the same number of years of
experience and practice.

POWERS AND FUNCTIONS OF THE LAND TRANSPORTATION FRANCHISING AND


REGULATORY BOARD

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 75

The Board shall have the following powers and functions:

a. To prescribe and regulate routes of service, economically viable capacities and zones or areas of
operation of public land transportation services provided by motorized vehicles in accordance with the
public land transportation development plans and programs approved by the Department of
Transportation and Communications;

a. To issue, amend, revise, suspend or cancel Certificates of Public Convenience or permits authorizing
the operation of public Land Transportation services provided by motorized vehicles, and to prescribe
the appropriate terms and conditions therefore;

b. To determine, prescribe and approve and periodically review and adjust, reasonable fares, rates and
other related charges, relative to the operation of public land transportation services provided by
motorized vehicles;

c. To issue preliminary or permanent injunctions, whether prohibitory or Mandatory, in all cases in which
it has jurisdiction, and in which cases the pertinent provisions of the Rules of Court shall apply;

d. To punish for contempt of the Board, both direct and indirect, in accordance with the pertinent
provisions of, and the penalties prescribe by, the Rules of Court;

e. To issue subpoena and subpoena duces tecum and to summon witnesses to appear in any proceedings
of the Board, to administer oaths and affirmations;

f. To conduct investigations and hearings of complaints for violation of the public service laws on land
transportation and of the Board’s rules and regulations, orders, decisions and/ or ruling and to impose
fines and/ or penalties for such violations;

g. To review motu propio the decisions/actions of the Regional Franchising and Regulatory Office herein
created;

h. To promulgate rules and regulations governing proceedings before the Board and the Regional
Franchising and Regulatory Office: Provided, That except with respect to paragraphs d,e,f and g
hereof, the rules of procedure and evidence prevailing in the courts of law should not be controlling
and it is the spirit and intention of said rules that the Board and the Regional Franchising and
Regulatory Offices shall use every and all reasonable means to ascertain facts in its case speedily and
objectively and without regard to technicalities of law and procedures, all in the interest of due process;

i. To fix, impose and collect, and periodically review and adjust, reasonable fees and other related
charges for services rendered;

j. To formulate. Promulgate, administer, implement and enforce rules and Regulations on land
transportation public utilities, standard of measurements and/ or design, and rules and regulations
requiring operators of any public land transportation service to equip, install and provide in their
stations such devices, equipment facilities and operating procedures and techniques as may promote
safety, protection, comfort and convenience to persons and property in their charges as well as the
safety of persons and property within their areas of operations;

k. To coordinate and cooperate with other government agencies and entities Concerned with any aspect
involving public land transportation services with the end in view of effecting continuing improvement
of such services; and

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 76

l. To perform such other functions and duties as may be provided by law, as may be provided by law, as
may be necessary, or proper or incidental to the purposes and objectives of this Executive Order.

BUREAU OF CUSTOM
In this module, we will be discussing the background
and implementation of Bureau of Custom.

Historical records show that the Philippine


Customs Service started many centuries back long
before the Philippines was discovered by the eastern
and western expeditionary. The Philippines had already
a flourishing trade with countries of Southeast Asia, but
since money at that time was not yet the medium of
exchange, people then resorted to the barter system of
commodities. The rulers of the barangays were known
as the “datus” or “rajahs” collected tributes from the
people before they were allowed to engage in their
trade.

The practice of collecting tributes became part of their culture and was then observed and followed as
the Customs Law of the Land.

THE SPANISH REGIME


After Spain had taken full control of almost all the trades of the country, it passed three important statutes:

1. Spanish Customs Law which was similar to that of the Indies enforced in the country from 1582 to
1828. It was a concept of ad valorem levied on import and export.
2. A Tariff Board was established which drew up a tariff of fixed values for all imported articles on
which ten percent (10%) ad valorem duty was uniformly collected.
3. Another Tariff Law was introduced in 1891, which established the specific duties on all imports and
on certain exports and this lasted till the end of the Spanish rule in the Philippines.

THE AMERICAN REGIME


When the Americans came to the Philippines, the Military Government continued to enforce the
Spanish Tariff Code of 1891, which remained in effect until the Philippine Commission enacted the Tariff
Revision Law of 1901.

On October 24, 1900, the Philippine Commission passed Act No. 33 abolishing and changing the
position of Captain of the Port to Collector of Customs in all ports of entry except the Port of Manila. The
designation of the Captain of the Port in the Port of Manila was retained.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 77

When the Civil Government was established in the Philippines, the most important laws passed by the
Philippine Commission were the following:

1. Tariff Revision Law of 1902 based on the theory that the laws of Spain were not as comprehensive as
the American Customs Laws to conform with the existing conditions of the country.
2. Philippine Administrative Act No. 355 passed by the Philippine Commission on February 6, 1902.
The full implementation of this Act, however, was considered inadequate and incomplete, so the
Customs Service Act No. 355, called the Philippine Customs Service Act was passed to amend the
previous laws. After several modifications and amendments, the Philippine Customs Service finally
became a practical counterpart of the American Customs Service.
3. Act No. 357 reorganized the Philippine Customs Service and officially designated the Insular
Collector of Customs as Collector of Customs for the Port of Manila.
4. Act No. 625 abolished the Captain of the Port for the Port of Manila.
5. Public Act No. 430 transformed the Philippine Customs Service to a Bureau of Customs and
Immigration under the supervision and control of the Department of Finance and Justice.

When the Department of Justice became a separate office from the Department of Finance, the Customs
Service remained under the umbrella of the latter which set-up remained up to this time.

THE COMMONWEALTH GOVERNMENT


After the Commonwealth Government was established in the country, the Philippine Legislature
enacted Commonwealth Act No. 613 forming the Bureau of Immigration as a separate office from the Bureau
of Customs.

On May 1, 1947, the Bureau of Customs has as its head the Insular Collector of Customs. He was
assisted by the Deputy Insular Collector of Customs. Both officials were concurrently Collector of Customs
and the Deputy Collector of Customs of the Port of Manila. The Republic Pursuant to the Executive Order No.
94 of Republic Act No. 52, the President of the Philippines reorganized the different departments, bureaus,
offices and agencies of the government of the Republic of the Philippines. Consequently, the Insular Collector
of Customs was changed to Collector of Customs for the Port of Manila. The reorganization took effect on
July 1, 1947.

In 1957, Congress enacted the Tariff and Customs Code of the Philippines known as Republic Act No.
1937, otherwise known as the “Tariff Law of the Republic of the Philippines”. This took effect on July 1,
1957. The passage of this act by the defunct Congress of the Philippines subject to the provisions of the
Laurel-Langley Agreement, became the first official expression of an autonomous Philippine Tariff Policy.

Before the passage of Republic Act 1937, all importations from the United States enjoyed full
exemptions pursuant to the Tariff Act No. 1902 which was adopted by Republic Act No. 3 as the Tariff Laws
of the Philippines.

THE REPUBLIC
Pursuant to the Executive Order No. 94 of Republic Act No. 52, the President of the Philippines
reorganized the different departments, bureaus, offices and agencies of the government of the Republic of the
Philippines. Consequently, the Insular Collector of Customs was changed to Collector of Customs for the Port
of Manila. The reorganization took effect on July 1, 1947.

In 1957, Congress enacted the Tariff and Customs Code of the Philippines known as Republic Act No.
1937, otherwise known as the “Tariff Law of the Republic of the Philippines”. This took effect on July 1,

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 78

1957. The passage of this act by the defunct Congress of the Philippines subject to the provisions of the
Laurel-Langley Agreement, became the first official expression of an autonomous Philippine Tariff Policy.

Before the passage of Republic Act 1937, all importations from the United States enjoyed full
exemptions pursuant to the Tariff Act No. 1902 which was adopted by Republic Act No. 3 as the Tariff Laws
of the Philippines.

THE REORGANIZATION OF THE BUREAU OF CUSTOMS


On February 4, 1965, the Bureau of Customs was reorganized pursuant to Customs Administrative
Order No. 4-65 by authority if Sec. 550 & 551 of the Revised Administrative Code of Republic Act 4164.
During the reorganization, offices under the direct supervision and control of the Commissioner were elevated
to Department Level with ranks higher than Division Level. These Departments were the following: Public
Relations, Personnel, Legal, Administrative Service, Budget and Finance, and the Management Improvement.
Likewise, three (3) ranking Customs positions were created, namely: Assistant Commissioner for Revenue,
Assistant Commissioner for Security, and Director for Operations.

Later, Customs Administrative Order No. 4065 was amended abolishing the position of Assistant
Commissioner for Security and creating the position of Director for Administration.

In 1972, Congress passed the law revising the Tariff & Customs Code of the Philippines. However,
before it can be implemented, the President of the Republic of the Philippines issued Proclamation No. 1081
on September 21, 1972 declaring Martial Law in the country.

On October 27, 1972, President Ferdinand E. Marcos signed Presidential Decree No. 34 amending the
Tariff & Customs Code of the Philippines. The new Code took effect on November 26, 1972 except for
Section 104 thereof which became effective only on January 1, 1973.

In 1975, the Bureau undertook another reorganization under Presidential Decree No. 689 and the
result is what you see now in the Organization Chart, except for some slight changes and modifications.

On June 11, 1978, the Tariff & Customs Code was further amended, modified and supplemented by
new positions to make it a responsive code in keeping with the developmental programs of the New Society.
The new Code was embodied in Presidential Decree No. 1464.

The last major reorganization of the Bureau took place in 1986 after the EDSA Revolution with the
issuance of Executive Order No. 127 which expanded the organization umbrella of the Central Office by
providing offices that will monitor and coordinate assessment and operations of the Bureau and provided for a
staff of about 5,500 customs personnel.

The implementation of the computerization program also necessitated the creation of a new Group to
ensure its continuous development and progress. The creation of the Management Information System and
Technology Group (MISTG) under a new Deputy Commissioner with 92 positions was authorized under
Executive Order No. 463 dated January 9, 1998.

Customs Service and Smuggling in the Philippines

In the Philippines, a rudimentary customs administration was already in place even before the first
recorded Mid-Eastern and European expeditions arrived here. The country already had a flourishing trade with

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 79

its Asian neighbors at that time. But since money was not yet the medium of exchange then, people resorted to
barter and direct trade of commodities. Ruled by barangay leaders who were called “Datu” and “Rajah”, the
Asian, Arab, Chinese and other European traders who bartered their wares with the local’s paid tributes to
them to get their wares ashore and sell or barter with the locals. This was the country’s earliest form of tariff in
the 1500’s. Some merchants who found the tribute excessive resorted to every ruse and subterfuge to avoid
paying from unloading their wares in the cover of darkness to concealment and deception, they tried
everything to barter their wares without having to pay the usual tribute. Thus, started to country’s earliest form
of smuggling and thus were born the forerunners of today’s smugglers.

Organizing Customs Service

At the end of the Spanish rule and with the Americans replacing them, the Spanish Tariff Code of
1891 was initially left untouched. Meanwhile, the volume of trade grew, but so did the problems of
smuggling. In 1901, the Philippine Commission enacted the Tariff Revision Law. In 1902, after a series of
Customs Service Acts (CSA), Act No. 355, the Philippine Customs Service Act, was passed. This was
followed by Commonwealth Act No. 357 reorganizing the Philippine Customs Service and designating the
Insular Collector of Customs as Collector of Customs for the Port of Manila. Commonwealth Act No. 625
abolished the Captain of the Port for the Port of Manila. And finally, Republic Act No. 430 transformed the
Philippine Customs and Immigration under the supervision and control of the Department of Finance.

Starting the Customs Police

With smuggling beginning to hurt the government’s revenue collection efforts, and with the fact that
customs administration will not succeed without a strong Customs laws enforcement arm, the Customs police
was established.

On February 6, 1902 the Harbor Police was established, making it the first BOC group specifically
tasked with the enforcement of customs laws. It was also at this time that the Philippines Customs Service was
created.

The Harbor Police would be the BOC’s law enforcement group for 45 years, or until July 1, 1947,
when the Harbor Police was re-organized into the Customs Patrol Service under Executive Oder No. 94.
On August 15, 1957, 10 years after its first re-organization, the Customs Patrol Service would undergo
another re-organization with Customs Administrative Order (CAO) No.225 delimiting its power and duties,
adding into its mandate administrative and operational responsibilities. The Order also transferred the BOC’s
Launch Service, which was in charge of patrolling the seas, from the Collector of the Port of Manila to the
Customs Patrol Service.

On October 26, 1961, CAO No. 264, in relation to another CAO re-organizing the Office of the
Commissioner, designated a Deputy Collector for Customs for Security as the Commanding Office of the LEC
which was composed of the Water Patrol Division, Uniformed Division and the Intelligence Division. January
4, 1964 saw another movement in the LEC when CAO No. 16-63 abolished the LEC’s Intelligence Division,
replacing it with the Secret Service Division.

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 80

This division was formed to undertake surveillance work, conduct searches, seizures and arrest on
piers and wharves and other Customs premises.

On February 4, 1965, CAO No. 9-65 was issued creating the position of Assistant Commissioner for
Security. This was, however, abolished and changed to Director for Administration by virtue of CAO 1-671
which was issued on February 14, 1967.
During this time the Customs Police was known as the Customs Police Division.
To achieve enhanced coordination and effectiveness on the prevention of smuggling and maintenance of
security, peace and order in the Greater Manila Area, the Customs Police Division units at the North Harbor,
South Harbor and the Manila International Airport were integrated and placed under the direct supervision and
control of the Customs Commissioner and called the Customs Metropolitan Police Service by virtue of CAO
No. 13-70 issued August 14, 1970.

Building
Represents the BOC thru the image of POM Building where the
BOC started implementing its mandate

Carrying Vessels (Ship & Aircraft)


Symbolizes the mandates of BOC, i.e., revenue collection, anti-
smuggling and trade facilitation

Sea Lion carrying a torch


A mythical creature that symbolizes the mandated powers of the
BOC to protect the Philippine national territory from the seas as
well as the skies.

VISION
A modernized and credible Customs administration that is
among the world’s best.

MISSION
To strengthen border control, enhance trade facilitation and improve collection of lawful revenues.

CORE VALUES

 Professionalism
 Integrity
 Accountability

10-POINT PRIORITY PROGRAM FOR 2021 

1. Implementation of Customs Modernization Program


2. Intensification of Post Clearance Audit & Post Modification Measures
3. Onboarding of 15 Agencies to the National Single Window
4. Full implementation of Authorized Economic Operator Program
5. Promotion and Application of Advanced Ruling Program

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |
LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION 81

6. Pursuit of Integrity Development and Quality Management


7. Strengthening of Port Surveillance, Marine Interdiction and Water Patrol Capability
8. Enhancement of Customs Facilities Warehouse Management
9. Streamlining of Export Clearance Process
10. Simplification of Informal Entry Processing

REFERENCES:

Padduyao, F. D. (2016) Police Organization and Administration. Law Enforcement


Administration 1. Wiseman`s Books Trading, INC.

Castillo Jr., R. and Guerrero, B. (2013). Police Organization and Administration with Police
Operational Planning

Guevara, R. and Viñas, W. (2008). Police Organization and Administration with Police Planning

Republic Act 10575. The Bureau of Corrections Act of 2013. Retrieved from
https://lawphil.net/statutes/repacts/ra2013/ra_10575_2013.html on July 3, 2020.
Republic Act 9263. The Bureau of Fire Protection and Bureau of Jail Management and Penology
Professionalization Act of 2004." https://lawphil.net/statutes/repacts/ra2004/ra_9263_2004.html

“The same boiling water that softens the potato hardens the egg. It’s what you’re made of not the circumstances.” –
Unknown |

You might also like