Introduction: Historical Background of Policing

LESSON 1: Historical Background of Policing

1.Anglo-Saxon (Ancient England) Period (from 600 to 1066 AD) Delizo & Manwong, 2005):

a.Thanes.

It was under King Alfred the Great that a type of internal police force evolved. Alfred
decreed that the various “thanes” or landowners throughout his kingdom were
responsible to police his territory, deliver criminals to the King and 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 tithinqmen (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. The head of
this group was referred to as a tythingman.

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/ 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.Norman Period about 1066 to 1285 AD:

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 became Sheriff, the title of the chief of constables or police officers in a
certain town. The Traveling Judge was held responsible in deciding cases that were taken
from Shire-reeves due to some abuses (Delizo & Manwong, 2005).

b. Court of the Tourn.

This court heard a range of cases, more often dealing with petty offences and civil
matters. From the court, 12 tythingmen were selected to hear cases of a serious nature
It is from this point that the early concept of the 12 member jury of today originates.

c. Court Leet.

To handle local legal matters in some, but not all, communities, the Normans established
the “Court Leet”, which looked after matters of purely local interest and petty village
nuisances. The head of the Court Leet was the “Comes Stable”, which was a term that
means “Master of the Houser. Over a period of time, this word became Constable”
which is still used today by members of our modern police forces. The Comes Stable
was often appointed by the King but was also responsible to keep the peace and order in
a specific area. This appointee was responsible to local officials who could petition to
have him removed if he did not do his job properly.

d. Leges Henrie.

This law was enacted during the time of King Henry I, which imposed the following
features (King-eo, C.D. 2007):

a. Law violations were classified as offenses against the King

b. Policemen became public officials

c. The police and the citizens have the broad power to arrest

d. Grand Jury was created to inquire on the facts of the law

e. Keepers of the Peace.

In 1195, King Richard of England issued a proclamation 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 (King-eo, 2007).

f. Magna Carta (Great Charter).

It was sealed On June 15, 1215 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:
 a. No freemen shall be taken or imprisoned, disposed, outlawed, or bowed
except by legal judgment of his peers

b. No person should be tried for murder unless there is proof of the body of the
victim.

c. There should be national and local government as well as the national and
local legislation (King-eo, 2007) .

3.Westminster Period (1285-1500):

a. Statute of Winchester (1285)

It was enacted for law and order. This law introduced the system of Watch and Ward]
The term “watch” corresponds to nighttime patrol by the selected constables while
“ward” means daytime security. The primary purpose of the watch and ward was to
guard the city gates at night and provide security for traveling justices. The duties of
watchmen were later expanded to include lighting streetlamps, calling time, watching
for fires, and reporting other conditions.

b. Statute of 1295

It was enacted, which began the closing of the gates of London during sunset. This
started the observation of curfew hours. At present, in our own locality, we are obliged
to abide with the promulgated curfew hours usually in the evening. Thus, at a certain
period in the nighttime, nobody is allowed to go out from their respective residences
and roam around the locality.

c. Justice of the Peerce

It is a position given to a respected citizen, who has the power to arrest, pursue and
imprison the offenders. .According to Encyclopedia Britannica (2011), Justice of the
Peace is a local magistrate empowered chiefly to administer criminal or civil justice in
minor cases. They are commonly ordinary persons who have the ability to decide cases
based on their level of intellect. At present, each appointee now undergoes a training
course in basic law and in the administrative duties

d. Star Chamber Court

It was established as special court that tried offenders against the state. According to
history in England, the monarch or the king controls this court. It originally sat in the
royal palace of Westminster in a room that had stars painted on the ceiling. The court
‘Was created in 1487, when King Henry VII forced Parliament to pass an act asserting the
ancient right of the king’s council to hear petitions of redress. It exercised wide civil and
criminal jurisdiction and was able to fry nobles too powerful to be tried in other courts.
The court had the power to order defendants tortured to extort their confessions, and
its punitive powers included the imposition of fines, prison sentences, and mutilation of
guilty people; it could not impose the death penalty. Although the court functioned
without a jury, it did not abuse its powers, and its proceedings were public (Microsoft
 Encarta, 2009). At present in our country, there are courts established for special
purposes also such as the Court of Tax Appeals and Sandiganbayan

4. Modern Period of Policing in England (17 th to 19th Century):

a. King Charles Il of England He passed a law in 1663 that provided for the employment of Night
Watchmen and Bellmen to be on duty from sunset to sunrise. Based on history, night
watchmen’s function patrols the streets during nighttime. They are tasked to examine and check
all persons of suspicious characters and ensure that they do not prowl around the area during
the hour of darkness. They are also responsible in guarding the streets to prevent crimes, to
watch out for fires.

b. 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 (Delizo & Manwong, 2005).

c. In 1785, William Pitt presented a bill in the British Parliament calling for the creation of a
police force in London. This proposal was met with instant opposition. Pitt argued that this new
force would be responsible for the apprehension of criminals (a formal continuation of the
mandate of the Bow Street Runners) and crime prevention (it was argued that their presence
would be a deterrent). After considerable opposition to the proposed police force for London,
and charges that it would be used to strengthen what was a very centralist authoritarian
government, William Pitt’s bill was withdrawn.

d. The British statesman Sir Robert Peel passed with the parliament the Metropolitan Police Act
on September 29, 1829, established the London Metropolitan Police Force, 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 Modern Policing
System.

An important element in Peel’s plan was the separation of policing and the judiciary. Peel and law
reformers of the day felt that the police should be responsible for one facet of the law, up to the
prosecution phase, while the trial, conviction and punishment phase should place be in the hands of
another body, the judiciary. This concept remains virtually unchanged today. In his legislation, Peel
suggested nine principles for his police force;

 To prevent crime and disorder, as an alternative to their repression by military force and by
severity of legal punishment.
o It is understood from this principle that crimes and disorders are better prevented
as early as possible before any repressive actions will be done. Hence, as crimes
and disorders are prevented, then there will be no acts to be repressed and not
criminals to be punished.
 To recognize always that the power of the police to fulfill their functions and duties is
dependent on public approval of their existence, actions and behavior, and on their ability to
secure and maintain public respect.
o This means that police authorities must gain respect, trust and confidence from the
public. At all times, they must act and behave in manners that they please the entire
public.
 To always recognize that to secure and maintain the respect and approval of the public
means also the securing of the willing co-operation of the public in the task of securing
observance of laws.
o Gaining respect from the public ensures cooperation and support in all aspects of
law enforcement.
 To recognize always that the extent to which the co-operation of the public can be secured
diminishes, proportionately, the necessity of the use of physical force and compulsion for
achieving police objectives.
o This emphasizes sustained and well supported policing activities from the police as
long as they continuously avoid physical forces in the exercise of their duties.
 To seek and preserved public favor, not by pandering to public opinion, but by constantly
demonstrating absolutely impartial service to law, in complete independence of policy and
without regard to the justice or injustices of the substance of individual laws; by ready
offering of individual service and friendship to all members of the public without regard to
their wealth or social standing; by ready exercise of courtesy and friendly good humor; and
by ready offering of sacrifice in protecting and preserving life.
o Police authorities must be conscious in exercising impartiality and equality by
avoiding unfair and/or bias treatment among the public.
 To use physical force only when the exercise of persuasion, advice and warning is found to
be insufficient to obtain public co-operation to an 1 extent necessary to secure observance
of law or to restore order; and to use only the minimum degree of physical force which is
necessary on any occasion for achieving a police objective.
o The police authorities are forbidden by law to use force if not necessary. They
should deal with the situation with utmost diligence and maximum tolerance. In
here, force maybe used when all persuasions and warnings are not anymore
applicable.
 To always maintain a relationship with the public that gives reality to the historic tradition
that the police are the public and that the public are the police; the police being only
members of the public who are paid to give full-time attention to duties which are
incumbent on every citizen, in the interests of community welfare and existence.
o This is an emphasis of mutual support mentioned earlier. Police should consider first
and foremost the welfare of the public. In so doing, they are creating good
relationship between them and the public thus, support and cooperation could be
sustained.
 To always recognize the need for strict adherence to police executive functions, and to
refrain from even seeming to usurp the powers of the judiciary or avenging individuals or
the state, and of authoritatively judging guilt and punishing the guilty.
 o This points out that the only role of police is to arrest the offenders without
automatically imposing punishments against them. Judgment and penalization are
absolutely left on the part of the judiciary or proper authorities not to the police
authorities.

 To recognize always that the test of police efficiency is the absence of crime and disorder,
and not the visible evidence of police action in dealing with them.
o This means that the main role of police is to prevent crimes and not allowing any
crimes to happen. As the community experiences no or less number of crimes, this
could speak up of police efficiency in doing their jobs.

Ancient Rome

a.Praetorian Guard — This was created by Emperor Augustus which is consisted of about 7000
men to protect the palace and the city of Rome.

b. Urban Cohorts — This is force created to conduct patrolling activities in the entire city of
Rome.

c. Vigiles — This was created to serve as a firefighting organization and eventually given law
enforcement activities (Pagnas, 2007).

LESSON 2: Evolution of the Philippine Policing System

A. Policing System During the Spanish Regime.

The police force in the Philippines during the Spanish Re$me 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. The police forces organized during the Spanish regime were (Delizo &
Manwong, 2005):

1. Carabineros de Seguridad Publico (Mounted Police) was organized in 1712 for the
purpose of carrying out the policies of the Spanish government. The members were
armed and considered as the mounted police because they are riding on horses as
they do patrolling in their respective areas of responsibility. Later, they discharged
the duties of a port, harbor, and river police.

2. Guardilleros 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 was the police organization created by the Royal Decree issued by the
Spanish Crown government on February 12, 1852. It 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)

B. Police Force During the Japanese Occupation

The Japanese Military Police known as kempetai was held responsible in maintaining
peace and order in Manila and adjacent urban areas. Kempetai ruled the urban areas
until General Douglas MacArthur returned on February 7, 1945.The Manila Police
Department, which was created during the first American occupation, was renamed into
Metropolitan Constabulary under the Bureau of Constabulary (King-eo & Manwong,
2004).

C. The Police Force during the American Occupation

The first American occupation in the Philippines that came after the American War (1898 to
1901) was followed by a period of political turmoil and imbalance (King-eo, C. & Manwong,
R., 2004).

a. Insular Police Force was established on November 30, 1S90 during the Filipino-
American war (1898-1901) upon the recommendation of the Philippine Commission
to the Secretary of War.

b. Insular Constabulary was created on JULY IS, 1901 by virtue of act 175 known as “An
Act Providing for the Organization and Government of an Insular Constabulary”.
Insular Constabulary was an established police force for the purpose of better
maintaining peace, law, and order in the various provinces of the Philippines.

c. Manna Police Department (MPD) was organized on July 31 by virtue of Act #183 of
the Philippines Commission. The 1 st Chief Of Police was Captain George Curry, a VS
Army officer appointed the TAFT COMMISSION on August 7, 1901. Captain
Columbus Piatt was the last American Chief of Police of MPD before Il broke out.

d. On October 3, 1901, the Insular Constabulary was changed to Philippine

Constabulary (PC) by virtue of Act # 255. Brigadier General Henry T. Allen was the 1 st
Chief of Philippine Constabulary. He was the Chief Of Philippine Constabulary from
1901 to 1907 such that he was called as the Father of Constabulary in the
Philippines. The PC was manned mostly by Filipinos but the officers were mostly
Americans.

e. The Revised Administrative Code of 1917 was approved a year before World War I
(August 1914 to November 1918) ended. In section 825 of this law, it stated that the
Philippine Constabulary is a national police institution for preserving the peace,
 keeping order and enforcing the law. It is called as the national police institution
because it is the only force that could be utilized by the government to perform
police duties and functions in the Philippines. Brigadier General Rafael Crame
became the first Filipino Chief of Police Constabulary. He served as the PC Chief from
1917-1927.

f. On Jan. 1, 1932, RA # 3815, otherwise known as the Revised Penal Code of the
Philippines (RPC), took effect. The RPC is as the criminal law of the country which
is composed of Book 1 and Book Il. This code enumerate and defines crimes or
felonies and provide penalties thereof.

g. In November 1938, Act # ISI required the creation of a bureau of investigation. This
agency should be the modification of the Division of Investigation (DI) from the
Department of Justice. Finally, on June 19, 1947, RA # 157 was enacted which
created the National Bureau of Investigation. At present, the mission of NBI is to
provide quality investigative and forensic services to the people through advance
methods and equipment in the pursuit of truth and justice.

D. The Development of Police Service in the Philippines after the World War Il (King-eo &
Manwong, 2004).

1. Ira 1960, RA # 2678 was enacted. This law provided the expansion and
reorganization of the NBI. This law established that the NBI is both an
investigative and research service agency. Based on this law, the National
Bureau of Investigation has expanded and reorganized by increasing the
composition of its personnel and creating additional divisions and regional
offices.

2. On January 1, 1964, the Rules of Court took effect. This procedural was
construed in order to promote the broad objective of the criminal justice
system and to assist the parties in obtaining just, speedy, and inexpensive
determination of every action and proceeding. This Rules of Court is
important or very much related to law enforcers since it entails the
processes on how the accused is dealt with in the court during trials. Let’s
take note that this criminals/accused are those who were arrested by police
officers or other law enforcement agencies. Besides, this topic is also being
discussed as separate subject in the BS Criminology Curriculum.

3. On September 18, 1966 “Republic Act #4864 otherwise known as Police Act
of 1966 was enacted . The Law created the office of the Police. Commission
or POLCOM under the Office of the President. The purpose of creating this
agency is to achieve and attain a higher degree of efficiency in the
 organization, administration and operation of local police agencies; and to
place the local police service on a professional level. Police organization
must be looked upon as the highly capable organization in the field of law
enforcement, criminal investigation, forensic sciences, and others. The
POCLOM was reorganized and became the Notional Police Commission or
NAPOLCOM in 1972. Originally, the POLCOM was created as a supervisory
agency to the PC. Its function is to oversee the training and
professionalization of the local police forces. Through this law, the police
organization have lot of improvements in terms of performances of the
police services. This was so considering that the police personnel are
considered as professionals with close supervision and monitoring by this
Commission.

4. On August 8, 1975, PD # 765 was enacted and stipulated that the office of
the NAPOLCOM should be under the office of the Ministry of National
Defense. PD # 765 also established the Integrated National Police (INP) with
the Philippine Constabulary as the nucleus. This law was recognized as the
Police Integration Law. It is called integrated because it is composed of the
Philippine Constabulary and the integrated police forces. As a result, the
different headquarters of the Philippine Constabulary in the national, zone/
regional and provincial levels shall be the nuclei of the corresponding
headquarters of the Integrated National Police;

UA5. Republic Act #6040 (Tolentino Law) — this law was enacted
empowering the Police Commission to give appropriate examinations to
officers and members of police force aimed at professionalizing police
services.

6. On December 13, 1990, RA # 6975 was approved by then President

Corazon C. Aquino. This law was known as the Department of Interior and
Local Government (DILG) Act of 1990 and it was also recognized later as the
Philippine National Police (PNP) Law of 1991. This called for the creation of
the Philippine National Police (PNP) and the reorganization of the

Department of the Interior and Local Government (DILG) in keeping with the
mandate of our constitution for a police force that is national in scope and
civilian in character. On January 29, 1991, at Camp Crame, Quezon City, the
Philippine Constabulary and the Integrated National Police were retired and
the PNP was activated in its place. PNP as national in scope means that it is
an organization which covers the entire country. This means then that PNP
exist as the prime law enforcement organization from Luzon to
 Mindanao. It is also called as civilian in character as it is considered
nonmilitary group so as not to create a conflict between them and the
Armed Forces of the Philippines (which is military in nature).
On February 25, 1998, RA # 6975 provisions concerning the PNP was
amended when President Ramos approved RA # 8551 also known as the
PNP Reform and Reorganization Act Of 1998 which reorganized the PNP for
the purpose of reforming and professionalizing it. It reorganized the PNP
through its several amendments on the provisions of R.A. 6975. Such
amendments include the qualifications upgrading of PNP personnel, the
attrition and promotion systems, upgrading of salaries and benefits, and the
like.

E. Important Personalities in the Historical Evolution of the Philippine Police Service (King-eo &
Manwong, 2004).

1. William Howard Taft — He was the first civil governor of the Philippines.

2. Captain George Curry – He was the first Chief of Police of the Manila Police
Department.

3. Captain Columbus E. Piatt The last American Chief of Police of Manila Police
Department before the World War Il broke out.

4. Captain Henry T. Allen — The first Chief of Police of the Philippine Constabulary.

5. Brigadier General Rafael Crame — He was the first Filipino Chief of Police of the
Philippine Constabulary.

6. Colonel Antonio C. Torres — The first Filipino Chief of Police of the Manila Police
Department when it became an all Filipino police organization.

7. Colonel Marcus Ellis Jones — He was the first Chief of Police of the Manila Police
Department upon the liberation of Manila from the Japanese Imperial Army.

8. Colonel Lamberto T. Jalavera — He was the first Chief of Police of Manila Police
Department under the Republican government of then President Roxas.

9. Maj. Gen. Cezar Nazareno — The first Chief of the Philippine National Police during
its creation by R.A. 6975.
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