Law Enforcement

Organization and
Administration
College of Criminal Justice Education
 Course Study Guide Contents

Week No. Module Topic Page

1 Introduction to Law Enforcement Organization 7

and Administration

Other Law Enforcement Organization (Bureau of

2 Fire Protections, National Bureau of 72
Investigation and Philippine Coast Guard)

Other Law Enforcement Organization

(Philippine Drug Enforcement Agency,
3 Philippine Center for Transnational Crime and 91
Department of Environmental and Natural
Resources)

Other Law Enforcement Organization (Bureau of

4 Immigration, Bureau of Internal Revenue and 109
Land Transportation Office)

Editorial Office

Course Developer RINNA MARIE C. DELA PEÑA

Contributor MARLYN L. CAMPOMANES, MSCJ

Content Experts DONALD B. NARRA, PhD

RINNA MARIE C. DELA PEÑA

Language Editor JOAN MARIE OVILLE-MONTALBAN, JD

Design/Media Specialist QUEEN HENEYLOUR S. RELATORRES

CHRISTINE B. SALEM

2
 Disclaimer Statement:

This Course Study Guide is not intended to be presented as the original work of
the module developer/compiler. It is meant to be the primary reference material
for the course composed of the flexible learning syllabus, learning plans, course
content, and assessments made and/or compiled from various sources.
Accordingly, the sale and distribution of such outside the University of the Visayas
is strictly prohibited.

3
 Flexible Learning Course Syllabus

Flexible Learning Course Syllabus

College of Criminal Justice Education
Bachelor of Science in Criminology
First Semester, Academic Year 2020-2021
I. Course Information
Course Code LEA 211 Course The course deals with the study of principles underlying
Description the police organization and management of the police with
particular focus on the Constitutional mandate, Republic Act
6975 and Republic Act 8551, together with previous laws and
issuances relating thereto. It includes the organizational
structure and administration of the Philippine National Police,
both national and local levels. Emphasis is given on direction,
supervision, coordination and control of all local police forces
as a homogenous body under a single command. It includes
Law Enforcement the basic management functions insofar as these are applied
Course Title Organization and to the police organization.
Administration
Police Planning is integrated into this course, and it is
designed to equip the students with knowledge on the
development of effective plans, particularly on strategies and
tactics for effective operations. The emphasis is on the special
techniques and procedures applicable to unusual needs like
unusual criminal activities, civil disturbances, special
community events, disaster plans, and civil defense.
Prerequisite(s) CRIM 111 Course 1. Explain the principles underlying the police organization
Learning and management of law enforcement with particular focus
Outcomes on R.A. 6975 and R.A. 8551;
Credit Unit 4 Units 2. Demonstrate acquired standard qualification to become a
member of a law enforcement agency;
3. Explore the significance of Planning in the Law Enforcement
Organization and Administration
II. Instructor's Information

Instructor Rinna Marie C. Dela Peña Corporate rmdelapena@uv.edu.ph

Name Email
Title: Instructor Phone +63 955-964-2557

III. Course Syllabus

Week No. of Module Topic Intended Learning Learning Materials and Mode of Assessment
No. Hours Outcomes Resources Instructio Task/
n/ Graded
Required Suggested Delivery Output
Tools
Introduction 1. Identify the transition Lesson 1. ➢ Course 1. Weekly
13.5 of the subject of the policing system Course Module Packet Journal 1
total Law in international and on Law ▪ Printed 2. Comparison
hours national setting; Enforcement ▪ Digital Chart about
Enforcement 2. Discuss the general Organizations ➢ Microsoft RA 6975 and
12 Organization functions of the and Teams RA 8551
1 hours and Philippine National Administration. 3. Schematic
self- Administratio Police as the premiere College of Diagram about
directed n law enforcement Criminal Justice the history of
learning agency in the country; Education. policing
& Philippine 3. Differentiate the laws University of system in
1.5 (RA 6975 & RA 8551) the Visayas international
hours of
National that creates the setting
assess- Police Philippine National
ment Police;
tasks Sub-Topic 1
RA 6975

Sub-Topic 2
RA 8551

4
 Other Law Lesson 2. ➢ Course 4. Weekly Journal 2
13.5 Enforcement 1. Identify the Course Module Packet 5. Short paper
total Organization general functions on Law ▪ Printed discussion about
2 hours and the laws that Enforcement ▪ Digital NBI
Bureau of Fire creates the Organizations ➢ Microsoft 6. Comparison
12 Protection Bureau of Fire and Teams Chart about RA
hours Protections, Administration. 6975 and RA 9263
self- National Bureau National Bureau of College of
directed of Investigation Investigation and Criminal Justice
learning Philippine Coast Education.
& Philippine Coast Guard; University of
1.5 Guard 2. Explain the the Visayas
hours of importance of this
assess- law enforcement
ment organizations in
tasks our society;
3. Differentiate RA
6975 and RA 9263
which are the laws
that creates the
Bureau of Fire
Protection;

13.5 Other Law Lesson 3. • ➢ Course 7. Weekly Journal 3

total Enforcement 1. List out the main Course Module Packet 8. Identification of
hours Organization functions of the on Law ▪ Printed Main Functions of
law enforcement Enforcement ▪ Digital this Law
12 Philippine Drug organization Organizations ➢ Microsoft Enforcement
3 hours Enforcement specifically PDEA, and Teams Organization
self- Agency PCTC and DENR. Administration. 9. Short Quiz
directed 2. Discuss the College of
learning Philippine Center importance of law Criminal Justice
& for Transnational enforcement Education.
1.5 Crime agency: PDEA, University of
hours of PCTC and DENR in the Visayas
assess- Department of the society.
ment Environment and
tasks Natural
Resources

13.5 Other Law 1. Explain the Lesson 4. ▪ ➢ Course 10. Weekly Journal
total Enforcement functions of the Course Module ▪ Packet 11. Short Paper
hours Organization Bureau of on Law ▪ Printed Discussion
Immigration, Enforcement ▪ Digital 12. Short Quiz
12 Bureau of Bureau of Internal Organizations ➢ Microsoft
hours Immigration Revenue and Land and Teams
4 self- Transportation Administration.
directed Office; College of
learning Bureau of 2. Discuss the Criminal Justice
& Internal Revenue importance this Education.
1.5 law enforcement University of
hours of organization in our the Visayas
assess- Land country;
ment Transportation 3. Identify some
tasks Office issues existing in
Bureau of
Immigration,
Bureau of Internal
Revenue and Land
Transportation
Office and
formulate
interventions per
issue.

IV-A. Points for Graded Output IV-B. Grade Equivalent Based on Points Earned
Course
Module Topic Output Points Points Earned Grade
Week
97%-100% 1.00
1 Minor Task 100
94%-96% 1.25
90%-93% 1.50
2 Minor Task 120
86%-89% 1.75
82%-85% 2.00
3 Minor Task 85
78%-81% 2.25

5
 74%-77% 2.50
4 Major Task 110
71%-73% 2.75
70% 3.00
Total 415
69% below 5.00
INC is given if the final grade is 2.5 or better but missing any two of the course requirements listed above. INC should be complied
within 365 days immediately after the close of the Semester.

V. Approval
Prepared by Reviewed by Approved by

GERUNCIO C. CAMPOMANES, PhD

Dean, CCJE UV-Toledo City
Campus

RINNA MARIE C. DELA PEÑA AILEEN B. CATACUTAN, Ed.D. DONALD B. NARRA, PhD
LIMUEL J. ABELGAS, Dev.Ed.D.
Instructor Chairman, CCJE Advisory Council Director of Libraries Dean

6
 Lesson 1

Introduction to Law
Enforcement Organization
and Administration

Google Image

At the end of the lesson, the student should be able to:

1. Identify the transition of the policing system in international and national setting;
2. Discuss the general functions of the Philippine National Police as the premiere law enforcement
agency in the country;
3. Differentiate the laws (RA 6975 & RA 8551) that creates the Philippine National Police.
7
 College COLLEGE OF CRIMINAL JUSTICE EDUCATION (CCJE)
Program CRIMINOLOGY
Course Code LEA 211
Course Title LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION
Credit Unit 3
Lesson 1 Week 1

Module Topic Introduction to Law Enforcement Organization and Administration

At the end of the lesson, the student should be able to:

Intended Learning 1. Identify the transition of the policing system in international and national setting;
Outcomes 2. Discuss the general functions of the Philippine National Police as the premiere law
enforcement agency in the country;
3. Differentiate the laws (RA 6975 & RA 8551) that creates the Philippine National Police;

Number of Hours 13.5 Hours (12 hours Self-directed learning and 1.5 hours Assessment Tasks)

1. What is the importance of understanding the law enforcement organization as a

criminology student?
2. What were the significant developments of Police in the international setting especially in
Study Questions
England?
3. How does the policing system evolve as the time goes by here in our country?
4. How does the policing system in our country today?

Required Suggested

Lesson 1. Course Module on Law

Enforcement Organizations and
Learning Resources Administration.
College of Criminal Justice
Education. University of the Visayas

1. Student shall study and learn Lesson 1 on Introduction of the Subject Law Enforcement
Organization and Administration. Student may refer to the suggested and other
recommended learning materials indicated in this Course Study Guide as additional
reading resources.
2. While studying and learning the topics in Lesson 1, the student can now start writing
Learning Activity entry one of the Weekly Student Journal based from the given concept “Philippine
National Police as premiere Law Enforcement Organization in the Country”.
3. After studying and learning the topics in Lesson 1, the student shall answer Assessment
Task 2 (Comparison Chart about RA 6975 and RA 8551), and Assessment Task 3
(Schematic diagram Making that shows the transition of policing system in international
setting).

1. Student Journal Entry 1

2. Comparison Chart about RA 6975 and RA 8551
Required Output 3. Schematic Diagram

1. Weekly Student Journal

2. Activity on Republic Act No. 6975 and Republic Act No. 8551
Assessment Tasks 3. Activity on History of Policing System

Assessment Tool 1. Student Journal Rubric

8
 2. Schematic Diagram Making Rubric

Target Competency Conduct criminological research and further studies; Enforce laws, rules and regulations.

Prepared by: Reviewed by: Approved for Use:

RINNA MARIE C. DELA PEÑA GERUNCIO C. CMPOMANES, PhD LIMUEL J. ABELGAS, Dev.Ed.D. DONALD B. NARRA, PhD
Faculty Dean, CCJE UV-Toledo City Campus Chairman, CCJE Advisory Council Dean
Date: Date: Date:
Revision #002

9
Introduction to Law Enforcement
Organization and Administration
Whenever a community is organized, it is imperative for the poling system to be established also to
deal with crimes being committed by its members. This is because a crime is already a part of the community
which may happen anytime, anywhere unexpectedly like calamity. Hence, it is right to consider crime as a
social phenomenon. In the history of the international and Philippine policing systems, several things may
be learned from the problems and mistakes that were encountered and committed in the past that may
serve as guiding stars in improving our present and future policing systems.

An example of the things that was learned from the past was the act of measuring the effectiveness
of our policing system. Before, the policing system was considered effective if numerous persons were
arrested and thrown in prison but at present, our policing system is effective in the absence of crime. This
is because the policing system at present is not directed to criminals only; the policing system at present
involves public service. Hence, it is again right to consider a policeman to have a heart of a social worker.

Based in the past experiences, several agencies were organized and maintained not only to assist
the police force in performing its functions but also to guard the citizens in case said police force abuses its
powers. However, the existence of these different agencies coupled with the establishment of different
systems created complexities or even confusions in studying our present policing system.

PHILPPINE NATIONAL POLICE

Police is the agency of a community or government that is responsible for enforcing the law,
maintaining public order, and preventing and detecting crimes.

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

As a pillar of criminal justice system, the police have different activities such as:

1. Prevention of crime
2. Repression or suppression of crime
3. Apprehension of offenders
4. Conduct search and seizure
5. Investigation of crime
6. Protection of lives and property.

Evolution of the Term “Police”

The term police was derived from the Roman word politia which means “te condition of a State,
government, and administration.” Politia originated from the Greek word politeia which means “a group
of persons that governs of a city.” It was the French who translated the word politia to police to refer to
a “law enforcer.”

Fundamental Theories of Police Service

Continental Theory
Under the Continental Theory, policemen are considered as servants of higher authorities and the
people have little or no share at all in their duties, nor have any direct connection with them. This
prevails in countries like France, Italy, and Spain where the governmental structure follows the
centralization pattern.
10
 An example of a police that adhered to Continental Theory was the Japanese Imperial Army called
Kempetai which was organized and existed from 1881 to 1945. A member of it was called a Kempei.
This imperial army was tasked to perform functions of the military police for the Imperial Japanese Navy
under the direction of the Admirality Minister.

Home Rule Theory

Under the Home Rule Theory, policemen are considered as servants of the community, who depend
on their effectiveness in performing their functions. This practiced in England and in the United States where
the governmental structure is decentralized.
In the Philippines, Home Rule theory is observed because of the following:
1. Our police officers are always claiming that they are servants of the community.
2. The community depends upon the effectiveness of our police officers; and
3. The Philippines has local government structure instituted through a system of decentralization.

Decentralize & Centralized Government

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

Concept concerning Police Service (National & International Setting)

The fundamental concepts concerning police service are the following:

a. Old Concept
Under this concept, the public look at policemen to be more effective if they conduct numerous
arrests and put behind bars what they have arrested.

b. Modern Concept
Under this concept, the public look at policemen as more effective in the absence of crime. Police
functions are not limited to the act if arresting offenders or to other matters dealing with offenders.
Police functions at present include public service.
The Philippine National Police at present is under the modern concept. This manifests the fact that
our policemen are calling themselves as public servants.

Various Units of Police Organization

The various units of a police organization are the following:

a. The Functional Units
b. Line Units
c. Geographical/Territorial Units

The Functional Units of a police organization are the following:

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

The Line Units of a police organization refer to the personnel who directly interact with the public.

The Geographical or Territorial Units of a police organization are the following:

1. Post is the fixed point or location to which an officer is assigned for duty.
2. Routine is a line of streets designated for patrol purposes. It is also known as Line Beat.
3. Beat is an area assigned for patrol purposes, whether by foot or by vehicle.
4. Sector is an area geographical subdivision of a city for patrol purposes, usually within its own
station; and
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 5. Area is a territorial division of a large city each comprised of designated districts.

The types of Police organizational structures:

a. Line Type Police Organization – it is a straight-line organization which is often called the
individual, military or departmental type organization. It is the simplest and clearest form of
police organization.
b. Line and Staff Police Organization – it combines line units and staff (support) units so that services
of personnel performing line functions.
c. Functional Type – is that where personnel have to serve several heads.

Police Administrative Functions

Sound police organization requires that the following management functions must be performed with
effectiveness and efficiency: (given the acronym of PODSCoRB)
A. Planning – the process of selecting goals and determining how to achieve them. It includes the act
of selecting missions and objectives, the policies, the programs and the procedure, and the course
of action on how choosing from among the alternative courses of action.
B. Organizing – the process of making an organization fit with its objectives, resources, and
environment.
C. Directing – the process of giving orders, commands, directives, or instructions to personnel in order
to rule or guide them in accomplish the goals or objectives of an organization.
D. Staffing – the act of placing personnel to the positions in organizational structure considering their
qualifications.
The following are different staffing activities:
a. Recruitment – the set of activities and processes used to legally obtain sufficient number of
right people for specific positions.
b. Selection – the process of choosing from among the candidate most suitable person for the
current position or for future position.
The Next-in-Rank-Rule in relation to selection states that the appointing authority must prioritize
the selection of next in rank in filling up vacant position. This rule is not, however, absolute. The
appointing authority may still appoint any other person aside from the next in rank provided he
must state the reason of not complying with said rule.
c. Appraisal – the process of measuring performance.
d. Training – the act of improving the ability required in the current job.
e. Development – the act of improving the ability required in the future job.
f. Coordinating –the manner of integrating the different elements within and outside of an
organization

The resources of a police organization can be managed effectively if police officers consider the
following principles in police management:

a. Unity of Objectives – the members of a police organization must be motivated by a common

thing in accomplishing a common mission.
b. Scalar Principle – a vertical hierarchy of organization is required. The unbroken chain of
command from top to bottom must be observed.
c. Unity of Command – a set of police officers should be under the control of only one superior
police officer.
d. Span of Control – a superior must manage a number of persons that he can effectively control.
e. Delegation of Authority – a superior may delegate some of his duties to his subordinates for
it is impossible for him to perform all the duties that he is required to perform all the duties that
he is required to perform. Said superior is, however, responsible for the neglect of his
subordinates.
f. Line and Staff Principle – various functions are arranged into a workable pattern. This principle
states that operational units are responsible for the direct accomplishment of the objectives,
while the administrative units are responsible for the support or advisory functions to facilitate
the capacity of the operational units.

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Significant developments of Police in the International setting (England)

1. Anglo-Saxon period (years 600 – 1066)

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

a. Thanes Policing System

King Alfred the Great introduced a type of internal police force whereby landowners (known as
“Thanes”) throughout his kingdom were responsible to their offenders and deliver them to the King.
They were also empowered to settle civil litigations.
Take Note: The Thanes Policing System is not being followed at present in the Philippines because
landowners are not empowered to settle civil litigations. They may however conduct arrest under
any of the circumstances of warrantless arrest under Section 5, Rule 113 of the Rules of Court.

b. Frankpledge Policing System

It was carried out under a system called Frankpledge or mutual pledge whereby every male
over 12 years old joined nine of his neighbours to form tythingmen. Said tythingmen performed
police works. Anyone who failed to join and perform this duty was severely fined.
Take Note: Frankpledge Policing System is not being followed at present in the Philippines because
a person may become a policeman only if he reaches the age of 21 and not all male residents are
required to do police works.

c. Tun Policing System

It required all male residents to guard the town to preserve peace and order, protect the life
and property of the people, and suppress other factors affecting peace and order. Tun was the
forerunner of the word “town”.
Take note: it is not being followed at present because not all male residents are required to do police
works.

d. Hue and Cry Policing System

It was carried out by a victim of a crime to shout for help at the middle of the community.
Once heard by male residents, they automatically assemble to apprehend the perpetrator.
Take Note: It is not being followed at present because our sense of obligation to assemble and arrest
the perpetrator, even if we are capacitated to do so, already deteriorated.

e. Royal Judge
The Royal Judge conducts criminal investigation and gives appropriate punishment of the
crime committed.
Take Note: At present in the Philippines, the Royal is not being followed because our judges do not
conduct criminal investigations; the only conduct trial to determine whether the accused is guilty or
not and impose the proper penalty in case of conviction.

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

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

2. Norman Period
During the Norman period in England, the following policing systems were practiced:

a. Shire-Reeve System – it was observed during the time when King William Norman became the
ruler of England. King Norman divided kingdom into 55 military districts known as Shire – Reeves

13
 where Shire was used to refer to a district and Reeve was used to refer to the rules that district. Said
ruler made laws, rendered judgment, and impose penalties.

b. Court of the Tourn –it settles ranges of cases, more often dealing with petty offenses and civil
matters. From the Court, 12 tithingmen were selected to hear cases of serious in nature. It was from
the Court of Tourn that the concept of the member jury of today originated. A jury is a body of
persons temporarily selected from the citizens of a particular district, and invested with the power to
present or indict a person for a public offense, or to try a question of fact.

c. Court Leet – to handle local legal matters in some, but all, communities, the Normans established
the “Court Leet,” which looked after matters of purely local interest and petty village nuisances. The
head of the Court Leet was “Comes Stable,” which means “Master of the House”. The Comes Stable
was also appointed by the King to be responsible in keeping peace and order in a specific area. This
appointee was, however, under the responsibility of local officials who could petition to remove him
if he did not perform his job properly. After a period of time, “Comes Stable” became “Constable”
which is used today to refer to members of the police force.

d. Leges Henry – it was passed during the time of King Henry I and its features, together with their
comparison with the Philippine policing system at present, were the following:

• The law violations were classified as offenses against the King.

Take Note: At present, the crimes in the Philippines are considered as assault against the State
so the title of criminal cases goes this way: People of the Philippines versus (the name of the
accused).
• The policemen were considered as public officials; and
Take Note: The Criminal Law of the Philippines at present considers our policemen as public
officials. If a public officer is assaulted on occasion or by reason of his official function, the
crime committed is Direct Assault. However, if that public officer is assaulted not on occasion
nor by reason of his official function, the crime committed is Physical Injuries.
• The policemen and citizens were given the power to conduct arrest.

Take Note: in Philippine Setting, every citizen (policemen or not) is given the power to conduct
arrest any of the following instances:

1. When in the presence of the arresting person, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense.
2. When an offense has just been committed and the arresting officer/person has probable
cause to believe based on personal knowledge of facts and circumstances that the person
to be arrested committed it.
3. When the person to be arrested is a prisoner who has from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending or
has escaped while being transferred from one confinement to another.

e. Keepers of Peace – it was a proclamation issued by King Richard of England in 1195 requiring the
appointment of knights to maintain peace and order at the place where the king is residing. The
knights were posted on bridges and gates to check the people entering and leaving the town or cities.

f. Magna Carta (Great Charter) – it was sealed by King John of England on June 15, 1215. This
became a law upon the demand of the Knights the Round Table and it had the following declarations:
• No freemen shall be taken or imposed, disposed, outlawed, or bowed except by legal judgment
of his peers.
• No person should be tried for murder unless there is proof of the body of the victim.
• There should be national and local governments as well as national and local legislations.

3. Westminster Period
During Westminster period in England, the following policing systems were practiced:

14
 a. State of Winchester (1285-1500) – it was enacted introducing the system of Watch and
Ward.
b. Statute of 1295 – it introduced the closure of gates in London. This started the observation
of curfew hours.
c. Justice of Peace – it was the position given to respectable citizens. These persons were given
the right to conduct arrest and imprison offenders.
d. Star Chamber of Court – it was established as a special court to try offenders against the
State. It later on, however, became a both a court of law to determine civil rights and a court
of revenue to enrich treasury.

4. Modern period in England

During the Modern Period in England, the following policing systems were practiced:
a. King Charles II (1633) – King Charles II passed a law that provided for the employment of
Night Watchmen or Bellmen to be duty from sunset to sunrise. Night Watchmen or Bellmen
were known as Rattle watch because they carried Rattle watch because they carried rattles
while on duty to inform the public of their watchful presence.
b. Henry Fielding (1748) – he became the chief magistrate at Bow Street in London. He
organized a group of men known Bow Street Runners (the catchers). He later formed the Bow
Street Horse Patrol whose duty was patrol the main roads thereby securing travellers from
highway bandits.
c. William Pitt (1785) – he presented a bill in the British Parliament calling for the creation of
a police force in London. This proposal met with instant opposition. Pitt argued that this new
force would be responsible for the apprehension of criminals and crime prevention that would
be the formal continuation of the mandate of the Bow Street Runners. After considerable
opposition to the proposed police force for London and charges that it would be used to
strengthen the very centralist authoritarian government, William Pitt’s bill was withdrawn.
d. Sir Robert Peel (1829) – he introduced the Metropolitan Act was passed the parliament of
England. The enactment of said laws led to the creation of the Metropolitan Force of London,
which was viewed as the first world’s first organized uniformed police force. This force was
later on named as the Scotland Yard.

Being the originator and the first head of such police organization principles of Sir Robert
Peel has earned the title “Father of Modern Policing System”.

The important plan of Sir Robert Peel was the preparation of policing and judiciary. He
believed that the authority of the police shall be only up to the prosecution of crimes. The trial
of crimes must be left to the hands another agency of the government which is the judiciary.

The following are the 9 Principles of Sir Robert Peel for his policing force, comparing it
with the Philippine policing system at present:

• To prevent crimes and disorders, as an alternative to their repression by military force

and by severity of legal punishment;
• To recognize always that the power of the members of police to fulfil their function and
duties is dependent on public approval of their existence, actions and behavior, and
on their ability to secure and maintain public respect;
• To recognize always that to secure and maintain the respect and approval of the public
means also the securing of the willing cooperation of the public in the task of securing
observance of laws;
• To recognize always that the extent to which the cooperation of the public can be
secured diminishes, proportionately, the necessity of the use of physical force and
compulsion for achieving police objectives.
• To seek and preserve 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 readily offering individual service and friendship to all members
of the public to all members of the public without regard to their wealth or social
15
 standing; by readily exercising courtesy and friendly good humor; and by readily
offering sacrifice in protecting and preserving life;
• To maintain at all times a relationship with the public that gives reality to the historic
tradition that the police are the public and that the public and that the public are the
police; the police the public and that the public are the police; the police being only
members of the public who are paid to give fulltime attention to duties which are
incumbent on every citizen, in the interests of community welfare and existence;
• To use physical force only when the persuasion, advice, and warning is found to be
insufficient to obtain public cooperation to an 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 particular occasion for achieving a police objective;
• To recognize always the need for strict adherence to police executive functions and to
refrain from even seeming to usurp the powers of judiciary or avenging individuals or
the state, and of authoritative judging guilt and punishing the guilty; and
• To recognize always the test of police proficiency is the absence of crime and disorder
and not the visible police action in dealing them.

5. Development in American Police System

The significant developments in American Police System were the following:

a. Boston, Massachusetts (1638) – night watch was initiated

b. New York (1658) – organization of rattle watch
c. Philadelphia (1700) – start of night watch
d. New Have, Connecticut (1722) – introduction of a police regulation that “No watchman has the
liberty to sleep”
e. New York City (1856) –adoption of full police uniform
f. Texas (1835) – organization of Texas Rangers
g. Massachusetts (1865) – organization of State Constables
h. Pennsylvania (1905) – introduction of Pennsylvania State Police

In the United States at present, the law enforcement officers who have taken an oath to support the
constitution of the United States, their State and the laws of their agency’s jurisdiction are known as Sworn
Law Enforcement Officers. These officers have the authority to make arrests and carry firearms and they
are classified as follows:

a. State or Federal Special Agents or Inspectors – perform their duties in different ways depending
on the size and the type of their organization. In most jurisdictions, they are expected to exercise
authority when necessary, whether on or off duty.
b. State Police Officers – sometimes called state troopers or highway patrol officers. They are charged
with arresting criminals and patrolling highways to enforce motor vehicles laws and regulations. They
often issue traffic citations to motorists. At the scene of accidents, they may direct traffic, give first
aid and call for emergency equipment. They also write reports used to determine the cause of
accidents. They are frequently called upon to provide comprehensive law enforcement services,
especially in rural area or small towns.
c. Sheriffs and Deputy Sheriffs – they are usually elected to their posts and perform duties similar
to those of a local or country police chief and they enforce the law on the country level. Deputy
sheriffs often have law enforcement duties similar to those officers in the city in police departments.
Police and deputies who provide security in city and country courts are sometimes called as bailiffs.
d. Detectives – they are plainclothes investigators who gather facts and collect evidence for criminal
cases. Some are assigned to inter-agency task forces to combat specific types of crime. They conduct
interviews, examine records, observe activities of suspects, and participate in raids and arrests.
Detectives and State Federal Agents and Inspectors usually specialized in investigation one type of
violation, such as homicide or fraud. They are assigned to different cases in a rotating basis and work
on them until an arrest and conviction is made or until the case is dropped.

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 e. Fish and Game Wardens – enforce fishing, hunting and boating laws. They patrol hunting and
fishing areas, conduct search and rescue operations, investigate complaints and accidents and aid in
prosecuting court cases.
f. Federal Bureau of Investigation (FBI) agents – they are the government principal investigators,
responsible for investigating violations of more than 200ncategories of federal law and conducting
sensitive national security investigations. Agents may conduct surveillance, monitor court –
authorized wiretaps, examine business records, investigate white – collar crime, or participate in
sensitive undercover assignments. The FBI investigates a wide range of criminal activity, including
organized crime public corruption, financial crime, bank robbery, kidnapping, terrorism, espionage,
drug trafficking and cybercrime.
g. Others to include are the following:
• Drug Enforcement Administration (DEA) agents enforce laws regulations relating to illegal
drugs.
• U.S. Marshals and Deputy Marshals project the federal courts ensure the effective operation
of the judicial system;
• Bureau of Alcohol, Tobacco, Firearms and Explosives agents enforce and investigate violations
of federal firearms and explosives laws as well as federal alcohol and tobacco tax regulations;
• U.S. Border Patrol Agents protect more than 8,000 miles of international land and water
boundaries.
• Immigration inspectors’ interview and examine people seeking entrance to the United States
and its terrorists; and
• Customs Inspectors enforce laws governing imports and exports by inspecting cargo,
baggage, and articles worn or carried by people, vessels, vehicles, trains and aircraft entering
or leaving the United States.

Significant Developments in the Philippine setting during Spanish Occupation

1. Carabineros de Seguridad (1712) – it was organized for the purpose of carrying out the
regulations of the State. In 1871, it was given the special commission as custodian of the tobacco
monopoly.
It was later known as Cuerpo De Carabineros De Seguridad Publica by virtue of Royal Decree of
December 20, 1842. Its duties became police-like and more general which included the prosecution
of law breakers, maintenance of peace and orders and execution of laws.
2. Guardilleros (1836) – it was a body of rural police organization established by Royal Decree of
January 28, 1836. The decree provided that 5% of the able-bodies male inhabitants of each province
were to be enlisted in the police organization for 3 years of tour.
3. Guardia Civil (1852) – it was created by a royal decree issued by the Crown on February 12, 1852,
to partially relieve the Spanish Peninsula Troops of their work in policing towns. They were under the
Governor or Alcalde and they had bright and showy uniform, distinctively prominent insignia and
rigidly maintained military bearing.

Significant Developments in Philippine Setting During and After the American and Japanese
Occupation

1. Insular Police Force (1890) – it was established on November 30, 1890 during the Philippine-
American War (1898-1901) upon the recommendation of the Philippine Commission to the Secretary
of War.
2. Insular Constabulary (1901) – it was created on July 18, 1901 by virtue of Act 175. This law was
entitled “An Act Providing for the Organization and Government of an Insular Constabulary and for
the Inspection of Municipal Police.
3. Manila Police Department (1901) – it was organized on July 31, 1901 by virtue of Act 183. The
first Chief of Police was Capt. George Curry, a United States army officer appointed by the Taft
Commission on August 7, 1901. Capt. Columbus Piatt, on the other hand, was the last American
Chief of Police of Manila Police Department. When the MPD was taken over by Filipinos, the first
Filipino to head it was Col, Antonio Torres.
4. Philippine Constabulary –the Philippine Constabulary changed the Insular Constabulary by virtue
of Act 255. Brigade –General Henry Tureman Allen, an 1882 graduate of the United States Military
Academy, was the first chief of Philippine Constabulary. The first enlisted personnel strength on
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 December 15, 1901under Brigade – General Allen was 2,500 in number. They were always
outnumbered but won many victories where they are inspired by the creed: “To be outnumbered,
always; to be outfought; never.” Aside from maintenance of peace and order, the members of
Philippine Constabulary during that time focused on the suppression of rebellion.

In 1902, Philippine Constabulary Chief Allen introduced the Mounted Constables as a part of
schemes against insurgents where horses from China were used to launch the first polo sports in
Manila. It became a popular entertainment during that period, and paved the way for the founding
of the Polo Club in 1909. It was also that time when Manila was known as the “Pearl of the Orient,”
with the Philippine Constabulary playing a significant role in reducing crime rate; thus, turning Manila
into a popular tourist destination.

When World War I broke out, most high-ranking officers of the United States Army were
transferred to France so Filipino soldiers were given the opportunity to run the Philippine
Constabulary. Hence, in December 1917, a person by the name of Brigadier – General Rafael Crame
was appointed as the first Filipino to head the Philippine Constabulary. Brigadier – General Crame
served with competence for PC Chief for 10 years, earning the respect of his men and even the
criminals he captured.

5. Revised Administrative Code (1917) – it stated that the Philippine Constabulary is a national
police institution for preserving peace, keeping order, and enforcing the law.
6. Philippine Constitution (1935) – it provided that the government shall organize and maintain
national force to preserve public order and enforce the law.
7. Kempetai (1947) – On January 2, 1942 in the advent of World War II, the first element of Japanese
Imperial Army called Kempeitai entered Manila. A member of corps was called Kempei (literally meant
“Military Police Corps”). It was organized and existed from 1881 to 1945 t discharge not public service
but to perform police functions of the military police for the Imperial Japanese Navy under the
direction of the Admiralty Minister.
8. Republic Act 157 (1947) – the National Bureau of Investigation was established on June 19, 1947
by virtue of this law.
9. Republic Act 4864 (1966) – this law is otherwise known as the “Police Act of 1966” was enacted
on August, 1966. It created a Police Commission under the Office of the President of the Philippines.
10. Republic Act 6040 (1969) – it amended certain sections of RA 2260 known as the “Civil Service
Act of 1969”. It empowered the Police Commission to give the appropriate examinations for officers
and members of local police forces, with the assistance of the Civil Service Commission. This was
perhaps the first move to professionalize the police force.
11. Republic Act 6506 (1972) – it is otherwise known as “An Act Creating the Board of Examiners for
Criminologists in the Philippines and for Other Purposes” was approved and took effect on July 1,
1972.
12. Philippine Constitution (1973) – it mandates the following:
• That the State shall establish and maintain an integrated national police force whose
organization, administration, and operation shall be provided by law.
• That the armed forces of the Philippines shall include a citizen army composed of all able –
bodied citizens of the Philippines who shall undergo military training as may be provided by
law.
• That a regular force necessary for the security of the State shall be kept; and
• That the citizen army shall have a corps of trained officers and men in active duty as status
as may be necessary to train others, to serve, and to be prepared at all times.
13. Presidential Decree 421 (1974) – it integrated the city/municipal police force and the jail and fire
departments within the greater Manila area.
The Integrated Police Force was headed by the Commanding General, Philippine Constabulary
Metropolitan Command (PC METROCOM).
The Metropolitan Police Force was tasked to be responsible for public safety and discharge
the functions of enforcement of laws and maintenance of peace and order within the territorial limits
of the cities and municipalities of Manila. As such, it had the powers to prevent crimes, take necessary
measures for public safety, effect arrest of criminal offenders, investigate all the commission of
crimes and offenses therein, and bring the offenders to justice.
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 14. Presidential Decrees 482, 531, 585 and 641(1974) – it integrated the police, fire, and jail
departments in certain provinces and cities within the Philippines.
In such case, the Chief of Constabulary was given the power to designate the head of the
integrated departments in each province and city from among the Officers of the Philippine
Constabulary.
The Integrated Police Force was tasked to be responsible for public safety and discharge the
functions of enforcement of laws and maintenance of peace and order within the territorial limits of
each of the provinces and the cities within their territorial jurisdiction. These Integrated Police Forces
had the power to prevent crimes, take necessary measures for public safety, effect arrest of criminal
offenders, investigate the commission of all crimes, and offenses within their jurisdictions and bring
the offenders to justice.
15. Presidential Decree 765 (1975) – it was enacted on August 8, 1975.
16. Presidential Decree 1184 (1977) - it is otherwise known as “The Integrated National Police
Personnel Professionalization Act of 1977”.
17. Philippine Constitution (1987)- it provides in part that the State shall establish and maintain one
police force, which shall be national in scope and civilian in character, to be administered and
controlled by a National Police Commission. The authority of the local executives over the police units
in their jurisdiction shall be provided by law.
The members of the Constitution commission who called for the creation of the police force
to be national in scope and civilian in character under the 1987 Philippine Constitution were
Honorables Teodulo Natividad, Blas F. Ople, Regalado E. Maambong and Rustico Delos Reyes.
• National in Scope means that the PNP is under the national government so it has the following
consequences:
a. The uniformed members of the PNP shall be considered employees of the National
Government and shall draw their salaries therefrom;
b. The different processes starting from recruitment until termination of PNP members are
governed by rules laid down by the national government; and
c. The members of the PNP may be assigned to different parts of the Philippines when
needed, especially in the exercise of the Calling – Out Power of the President.
• Civilian in character means that the PNP members are not governed by military rules. The
PNP is in charge of internal security and it is the AFP is in charge of external security. The PNP
has no role in suppressing insurgency except in information gathering and in performance of
its ordinary police functions, support the AFP on matters involving suppression of insurgency.
18. Republic Act 6975 (1900) – was approved on December 13, 1990 by the President Corazon C.
Aquino. It was recognized later as the “DILG Act of 1990”. This law was established the PNP, a merger
of the Integrated National Police and Philippine Constabulary. It also created the National Police
Commission to administer and control the PNP. It further enforced the policy that the PNP shall be
national in scope and civilian in character, in compliance with the provisions of Section 6, Article XVI
of the Constitution.

19. Republic Act 8551 (1998) – it is the PNP Reform and Reorganization Act of 1998. It amended the
provisions of RA 6975 concerning the PNP which had the main purpose of reforming and
professionalizing the PNP.
20. Republic Act 9263 (2004) – it is known as Bureau of Fire Protection and Bureau of Jail Management
and Penology Professionalization Act of 2004. It revised some provisions of RA 6975 especially those
pertaining BFP and BJMP.
21. Republic Act 9708 (2009) – it is an act Extending for Five years the Reglementary Period for
Complying with the Minimum Educational Qualification for Appointment to the PNP and Adjusting the
Promotion System Thereof, Amending Certain Provisions of Republic Act 8551and for other Purposes.

Overview of R.A. 6975

It is an act establishing the Philippine National Police under the re-organized Department of Interior
and Local Government and for other purposes. It is known as the “Department of Interior and Local
Government of 1990.” It implemented some provisions of Sec. 6, Art. XVI of the 1897 Philippine

19
Constitution. Some provisions of this law dealing with PNP were amended by RA 8551 and those dealing
with Jail Bureau and Fire Bureau were amended by RA 9263.

Policy of the State under 1987 Constitution

This policy of the State cannot be changed by any law because it is expressly stated under Sec. 6,
Art. XVI of the 1897 Philippine Constitution, being the supreme law of the land.

DILG organization

The DILG shall consist of the Department Proper with the following bureaus and offices:

a. National Police Commission

b. Philippine National Police
c. Bureau of Fire Protection
d. Bureau of Jail Management and Penology
e. Philippine Public Safety College

Rank Classification of PNP,BFP & BJMP

Philippine National Bureau of Fire Bureau of Jail

Police (PNP) Protection (BFP) Management and
Penology (BJMP)

Police Director General

(PDG)
Police Deputy Director
General (PDDG)
Police Director (PDIR) Fire Director (FDIR) Jail Director (JDIR)
Police Chief Fire Chief Superintendent Jail Chief Superintendent
Superintendent (PCSUPT) (FCSUPT) (JCSUPT)
Police Senior Fire Senior Jail Senior Superintendent
Superintendent (PSSUPT) Superintendent (FSSUPT) (PSSUPT)
Police Superintendent Fire Superintendent Jail Superintendent
(PSUPT) (FSUPT) (JSUPT)
Police Chief Inspector Fire Chief Inspector Jail Chief Inspector
(PCINSP) (FCINSP) (JCINSP)
Police Senior Inspector Fire Senior Inspector Jail Senior Inspector (PSR
(PSR INSP) (PSR INSP) INSP)
Police Inspector (PINSP) Fire Inspector (JINSP) Jail Inspector (JINSP)
Senior Police Officer IV Senior Fire Officer IV Senior Jail Officer IV
(SPO4) (SFO4) (SJO4)
Senior Police Officer III Senior Fire Officer III Senior Jail Officer III
(SPO3) (SFO3) (SJO3)
Senior Police Officer II Senior Fire Officer II Senior Jail Officer II
(SPO2) (SPO2) (SPO2)
Senior Police Officer I Senior Fire Officer I Senior Jail Officer I (SPO1)
(SPO1) (SPO1)
Police Officer III (PO3) Fire Officer III (PO3) Jail Officer III (PO3)
Police Officer II (PO2) Fire Officer II (PO2) Jail Officer II (PO2)
Police Officer I (PO1) Fire Officer I (PO1) Jail Officer I (PO1)

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Rank classifications of members of PNP and their corresponding rank classifications in the
military

Philippine National Armed Forces of the

Police (PNP) Philippines (AFP)
Police Director General General (Gen.)
(PDG)
Police Deputy Director Lieutenant General (Lt.
General (PDDG) Gen.)
Police Director (PDIR) Major General (Maj. Gen.)
Police Chief Brigade General (Brig.
Superintendent (PCSUPT) Gen.)
Police Senior Colonel (Col.)
Superintendent (PSSUPT)
Police Superintendent Lieutenant Colonel (Lt.
(PSUPT) Col.)
Police Chief Inspector Major (Maj.)
(PCINSP)
Police Senior Inspector Captain (Capt.)
(PSR INSP)
Police Inspector (PINSP) Lieutenant (Lt.)
Senior Police Officer IV Master Sergeant (MSgt.)
(SPO4)
Senior Police Officer III Technical Sergeant (TSgt.)
(SPO3)
Senior Police Officer II Staff Sergeant (SSgt.)
(SPO2)
Senior Police Officer I Sergeant (Sgt.)
(SPO1)
Police Officer III (PO3) Corporal (Cpl.)
Police Officer II (PO2) Private First Class (Pfc.)
Police Officer I (PO1) Private (Pvt.)

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")

New Rank Classification (RA Old Rank Classification (RA

11200) 6975)
Police General Police Director General (PDG)
Police Lieutenant General Police Deputy Director General
(PDDG)
Police Major General Police Director (PDIR)
Police Brigadier General Police Chief Superintendent
(PCSUPT)
Police Colonel Police Senior Superintendent
(PSSUPT)
Police Lieutenant Colonel Police Superintendent (PSUPT)
Police Major Police Chief Inspector (PCINSP)
Police Captain Police Senior Inspector (PSR
INSP)
Police Lieutenant Police Inspector (PINSP)

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 Police Executive Master Sergeant
Police Chief Master Sergeant
Police Senior Master Sergeant
Police Master Sergeant
Police Staff Sergeant
Police Corporal
Patrolman/Patrolwoman
Senior Police Officer IV (SPO4)
Senior Police Officer III (SPO3)
Senior Police Officer II (SPO2)
Senior Police Officer I (SPO1)
Police Officer III (PO3)
Police Officer II (PO2)
Police Officer I (PO1)

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

Section 24. Powers and Functions. The PNP shall have the following powers and functions:

(a) Enforce all laws and ordinances relative to the protection of lives and properties;

(b) Maintain peace and order and take all necessary steps to ensure public safety;

(c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and
assist in their prosecution;

(d) Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and
pertinent laws;

(e) Detain an arrested person for a period not beyond what is prescribed by law, informing the person so
detained of all his rights under the Constitution;

(f) Issue licenses for the possession of firearms and explosives in accordance with law;

(g) Supervise and control the training and operations of security agencies and issue licenses to operate
security agencies, and to security guards and private detectives, for the practice of their professions; and

(h) Perform such other duties and exercise all other functions as may be provided by law.

Manner of appointment/promotion of the officers and members of the PNP

• Police Officer to Senior Police Officer IV – appointed/promoted by the PNP Regional Director for
Regional Personnel or by the PNP Chief for the national headquarters personnel, subject to
endorsement by the NAPOLCOM and attestation by the Civil Service Commission.
• Inspector to Superintendent – appointed/promoted by the PNP Chief, as recommended by their
immediate superiors, subject to endorsement by the NAPOLCOM en banc and attestation by the Civil
Service Commission.
• Senior Superintendent to Deputy Director General – appointed by the President upon
recommendation of the PNP Chief and of the NAPOLCOM en banc, with proper endorsement by the
Chairman of the Civil Service Commission and subject to confirmation by the Commission on
Appointments.
• Director General – appointed by the President from among the senior officers down to the rank of
Chief Superintendent in the service, on recommendation or endorsement of the NAPOLCOM en banc
and subject to confirmation by the Commission on Appointments.

The secretary of DILG as the Chairman of the National Police Commission

The Secretary of the DILG shall be the ex officio chairman of the National Police Commission. He shall be
appointed by the President subject to confirmation of the Commission on Appointments.

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*Ex officio means an accompanying office by virtue of a position. Others say it is automatic.

Overview of R.A. 8551

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

Policies of the state that must be attain in the enactment of R.A. 8551

• To establish a highly efficient and competent police force which is national in scope and civilian in
character to be administered and controlled by the national police commission.
• The PNP shall be a community and service-oriented agency responsible for the maintenance of peace
and order and public safety.
• The PNP shall be organized to ensure accountability and uprightness in police exercise of discretion
as well as achieve efficiency and effectiveness of its members and units in the performance of their
functions.

Criteria that must be considered by the NAPOLCOM in reorganizing the PNP

• Increased police visibility through dispersal of personnel from the headquarters to the field offices
and by the appointment and assignment of non-uniformed personnel to positions which are purely
administrative, technical, clerical, or menial in nature and other positions which are actually and
directly related to police operation; and
• Efficient and optimized delivery of police services to the communities.

The role of DILG in suppressing insurgency and other threats to national security

The Department of Interior and Local Government shall be relieved of the primary responsibility on
matters involving the suppression of insurgency and other serious threats to national security. The PNP shall
through information gathering and performance of its ordinary police functions, support the Armed Forces
of the Philippines on matters involving suppression of insurgency, except in cases where the President shall
call on the PNP to support the AFP in combat operations.

In times of national emergency, the PNP, the BFP and the BJMP shall, upon the direction of the
President, assist the armed forces in meeting the national emergency.

Presidents’ power to call PNP to support AFP in combat operations

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

Composition of NAPOLCOM

The NAPOLCOM refers to the collegial governing body composed of the Secretary of the Department
of Interior and Local Government (DILG) as ex-officio Chairman and four (4) regular Commissioners and 1
ex-officio Commissioner, as members, which regularly meets en banc and decides through majority vote of
all its members in all matters involving vital policy issues in the exercise of its admiration and control
functions over the Philippine National Police.

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 *En banc means in the presence of all the members of the Commission. Hence, a meeting an en
banc of the Commission refers to a meeting attended by the Chairman, the 1 ex-officio member, and the
four regular members of the Commission.

The NAPOLCOM shall be composed of the following:

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.

Power and Functions of NAPOLCOM

The Commission shall exercise the following powers and functions:

a. Exercise administrative control and operational supervision over the Philippine National Police which
shall means the power to:
• Develop policies and promulgate a police manual prescribing rules and regulations for efficient
organization, administration and operation, including criteria for manpower allocation,
distribution and deployment, recruitment, selection, promotion, and retirement of personnel and
conduct of qualifying entrance and promotional examinations for uniformed members.
• Examine and audit, and thereafter establish the standards for such purposes on a continuing
basis, the performance, activities, and facilities of all police agencies throughout the country.
• Examine and audit, and thereafter establish the standards for such purposes on a continuing
basis, the performance, activities and facilities of all police agencies throughout the country.
• Establish a system of uniform crime reporting.
• Conduct an annual self-report survey and compile statistical data for the accurate assessment
of the crime situation and the proper evaluation of the efficiency and effectiveness of all police
units in the country.
• Approve or modify plans and programs on education and training, logistical requirements,
communications, records, information systems, crime laboratory, crime prevention and crime
reporting;
• Affirm, reverse or modify, through the National Appellate Board, personnel disciplinary actions
involving demotion or dismissal from the service imposed upon members of the Philippine
National Police by the Chief of the Philippine National Police;
• Exercise appellate jurisdiction through the regional appellate boards over administrative cases
against policemen and over decisions on claims for police benefits;
• Recommend to the President, through the Secretary, within sixty (60) days before the
commencement of each calendar year, a crime prevention;
• Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with
the Philippine Heraldy Commission, for insignia of ranks, awards and medals of honor;
• Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its own
powers and duties, and designate who among its personnel can issue such processes and
administer oaths in connection therewith; and
• Perform such other functions necessary to carry out the provisions of this Act and as the
President may direct.

Minimum qualifications PNP Regional Director, Provincial Director and City or Municipal Director

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Qualifications of a Regional Director of the PNP

a. He or she is a citizen of the Philippines; and

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

Qualifications of a Provincial Director of the PNP

a. He or she holds a master’s degree in public administration, sociology, criminology, criminal justice,
law enforcement, national security administration, defense studies, or other related discipline from
a recognized institution of learning; and
b. Has satisfactorily passed the required training and career courses necessary for the position as may
be established by the Commission.

Qualifications of a Chief of a City Police Station

a. He or she is a graduate of Bachelor of Laws;

b. Has finished all the required courses of a master’s degree program in administration, criminology,
criminal justice, law enforcement, national security administration, and other related disciplines from
a recognized institution of learning.

Qualifications of a Chief of a Municipal Police Station

a. He or she has finished at least second year Bachelor of Laws;

b. Has earned at least 12 units in a master’s degree program in public administration, criminology,
criminal justice, law enforcement, national security administration and other related disciplines from
a recognized institution of learning.

Who may be qualified to become Chiefs of a City or Municipal Police Station?

a. Members of the Bar with at least 5 years of law practice;

b. Licensed criminologists; and
c. Graduates of the Philippine National Police Academy

Minimum qualifications in entering the PNP

(a) A citizen of the Philippines;

(b) A person of good moral conduct;
(c) Of sound mind and body;
(d) Must possess a formal baccalaureate degree for appointment as officer and must have finished at least
second year college or the equivalent of seventy-two (72) collegiate units for appointment as non-officer or
an equivalent training or experience for those already in the service upon the effectivity of this Act.
(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 be 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 weight not more or less than five kilograms (5 kg.) of 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.

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Minimum Requirements in entering the PNP with and without a waiver in age, height, weight and
educational (AHWE) educational qualifications.

a. Age Requirement
Without waiver With waiver
21-30 years old 20,31-35 years old
b. Height Requirement
Without waiver With waiver
At least 5’4” for males At least 5’2” for females
At least 5’2” for females At least 5’ for females
c. Weight Requirement
Without waiver With waiver
Weighs not more or less than 5 kilograms Does not more or less than 5 kilograms from
from the standard weight corresponding to the standard weight corresponding to his
his height, weight, age and sex. height, weight, age and sex.
d. Educational Requirement
Without waiver With waiver
Baccalaureate degree holder Have earned at least 72 collegiate units
leading to a bachelor’s degree.

Employment Status of members of the PNP

The uniformed members of the PNP shall be considered employees of the National Government and
shall draw their salaries therefrom. They shall have the same salary grade level as that of public-school
teachers.

PNP members assigned in Metropolitan Manila, chartered cities and first-class municipalities may be paid
financial incentive by the local government until concerned subject to availability of funds. (Sec 36 of RA
8551)

Categories of examination given by NAPOLCOM

The National Police Commission shall administer the entrance and promotional examinations for
policemen. It shall also design and establish qualifications upgrading program for the members in
coordination with the Civil Service Commission, and the Commission on Higher Education through a distance
education program and/or in-service education program or other similar programs. (Sec 19 of RA 8551)

What are the different examinations administered by the National Police Commission?

The National Police Commission is mandated to conduct examinations twice a year for five (5) categories
namely:

a. The PNP Entrance Examinations;

b. The Police Officer Examination;
c. The Senior Police Officer Examination;
d. The Police Inspector Examination; and
e. The Police Superintendent Examination.

Things to be observed in the administration of police examination

What are the sanctions in case of cheating, collusion, misrepresentation, substitution, or any anomalous
action connection with the administration of police examinations conducted by the National Police
Commission?

In case of cheating, collusion, misrepresentation, substitution, or any anomalous act in connection with the
administration of the enumerated police examinations, the following shall be observed:

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 a. The examination results of examinees found to be involved anomaly shall be invalidated;
b. Said examinees shall be barred from taking any police examination for a period of three years;
c. In the event that these anomalous acts are committed by a public officer he/she shall be charged
with dishonesty and meted the penalty of dismissal from the service;
d. In the event it is established that such anomalous practices were committed in collusion with the
proctors, examiners, supervisors and other officials and persons assigned to conduct the
examination, they shall likewise be held administratively and/or criminally liable in accordance with
the provisions of the Civil Service Rules and Regulations; and
Individuals who are not government employees shall be barred from participating in the conduct of
said examinations.
e. In case it will be proven that the police service eligibility is based anomalous practices, it shall be
nullified.

Take Note: In examination centers where massive cheating and other anomalous acts are allegedly
committed or where there is a high frequency of successful examinees which appears to be statistically
improbable, the examination results thereof shall be withheld pending investigation and corresponding
recommendation thereof. (NAPOLCOM Memorandum Circular No 2000-007)

It must be stressed further that “statistically improbable” result refers to unreliable examination result
as determined by the Civil Service Commission (CSC) based on the following conditions:

• When in particular examination room registers unusually high percentage of passing;

• When there is an identified pair or there are pairs of examinees that have high clustering of
response or where there are high answer similarities in both correct and incorrect answers of
paired examinees; and
• When based in the evaluation of examination record and other circumstances as may be ascertain
by the Civil Service Commission, there is a wide discrepancy in an examinee’s performance
between his/her current and previous test results. (Sec 1 [20], Rule 2 of the Implementing Rules
& Regulations of RA 9416)
Any civil service examination result which shall be declared as statistically improbable by the Civil
Service Commission shall be a prima facie evidence of existence of an examination irregularity
or form of cheating. (Sec 4 of RA 9416)

Take note: “Prima facie evidence” is defined as evidence which when left alone by itself, would suffice as
proof of particular fact until overcome by other evidence. (Garcia, 2002)

Different Training and programs in the police service

The different training programs in the police service are the following:

a. Basic Recruitment Training

Basic recruitment training shall be in accordance with the programs of instruction prescribed by PPSC
and NAPOLCOM subject to modification to suit local conditions. It is being completed for not less than
six months and a training week shall normally consist of forty hours of scheduled instructions.
It consists of theoretical and practical instructions, which includes but not limited to the following:
• Origin and nature of police work;
• General police responsibilities;
• Criminal law and procedures;
• Police laws, regulations, and ordinances;
• Police methods and procedures;
• Criminal investigation techniques;
• Scientific aids;

27
 • Public relations and civic actions;
• Police ethics, police weapons, self-defense; and
• Other related subjects in law enforcement.

Take note: attendance in this meeting is a must. However, in cases of emergency, recruits maybe required
to render service upon certification of necessity of such service by the Regional Director or the City or
Municipal Chief of Police.

a. Field Training:

Field training is where the recruits undergo actual experience and assignment and patrol, traffic and
investigation as a requirement for permanency of their appointment. This program shall be for twelve
(12) months exclusive of the Basic Recruitment Training Course for non-officers and Officer Orientation
Course or Officer Basic Course for officers. (sec. 19 of RA 8551)

Take note: Field Training Program refers to the training required to make the temporary appointment
of a new PNP member permanent. (sec. 2 [d] of NAPOLCOM Memorandum Circular no. 2008-005)

Are graduates of Philippine National Police Academy (PNPA) who joined the Philippine National Police
mandated to undergo the Field Training Program as a requirement for permanency of their appointment?

No, the graduates of Philippine National Police Academy (PNPA) who joined the Philippine National
Police are not mandated to undergo the Field Training Program as a requirement for permanency of their
appointment because of the following reasons:

• By the express provision of law, graduates of PNPA shall be automatically appointed to the initial
rank of inspector; (sec. 33 of RA 6975)
• PNPA cadetship program is a four-year course that includes academic subjects on core police
functions such as a patrol, traffic, and criminal investigation; and on-the-job training in urban and
rural setting; and
• Graduates of the PNPA are conferred the Bachelor of Science in Public Safety degree, and have the
option to choose the branch or service they want if that will be in the Philippine National Police
(PNP), Bureau of Fire Protection (BFP), or the Bureau of Jail Management and Penology (BJMP).

Hence, the graduates of PNPA who joined the PNP shall be issued a permanent appointment subject
to the submission to the Commission of the necessary documents prior to the issuance of testimonial
eligibility. (NAPOLCOM Memorandum Circular No 2008-001
&htttp://en.wikipilipinas.org/index.php?title=Philippine_National_Police_Academy)

b. In-service Training;

The following are different in service-training programs:

• Junior Leadership Training (JLT)

Junior Leadership Training is for P01 to P03.
• Senior Leadership Training (SLT)
Senior Leadership Training is for SP01 to SP04.
• Police Basic Course (PBC)
Police Basic Course is in preparation of Officer’s Basic Course.
• Officer’s Basic Course (OBC)
Officer’s Basic Course is for Inspectors Chief Inspectors.
• Officer’s Advance Course (OAC)
Officer’s Advance Course is for Chief Inspectors to Senior Superintendent.
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 • Officer Senior Education Course (OSEC)
Officer Senior Education Course is for Superintendent and above.
• Directorial Staff Course (DSC)
Directorial Staff Course is for Directors and others higher in rank.

c. Department In-Service Training Programs; and

Department In-Service Training Programs is where all members of a police department shall undergo
which includes the following:
• Roll-Call Training
Roll-Call Training involves instructional courses of several hours a day concerning
departmental activities.
• Supervisory development, specialized, or technical training;
Supervisory development, specialized, or technical training involves seminars or special
sessions on criminal investigation, traffic control, etc.
• Other trainings conducted by law enforcer units or agencies

d. National and International Conventions on Policing. (other sources: Manwong & Delizo, 2005; Abellera, 2009)

What are the policies to be observed in attending foreign training or conference?

The policies to be observed in attending foreign training or conference include the following:
• The significance of the foreign training/conferences/meetings to the PNP shall be properly
evaluated;

For this purpose, all invitations for training/seminars/symposium both local and foreign shall
pass the Evaluation Board to determine the relevance of the training/seminars/symposium to the
present needs of PNP. The Evaluation Board shall also determine which directorate/officer/unit and
the training conference that would be most beneficial to it.

The Evaluation shall be chaired by the Chief Directorial Staff and the Directors of the
Directorial Staff shall be the members. (NAPOLCOM Memorandum Circular No 1995-025)

• The participation/attendance of personnel shall be limited to not more than one (1) foreign
training or conference every two years, except to those who are designated as official
representatives in specific international bodies such as INTERPOL or who are officially invited
for study/observation tours, consultations and doctrinal research, and specialty /expertise
exchange program to include diplomatic related matters pertaining to exploration of human
resources and doctrine development to strengthen international policing: (NAPOLCOM
Memorandum Circular No 1996-001)
• The participants to trainings pertaining to policy and management matter shall, as much as
possible, be selected from the national headquarters while participants to those relating to
police operations shall come from field offices;
• Field offices shall be given at least 30% allocation of the total number of participants in any
foreign trainings; and
• Participants must submit an after – travel report to the Commission through the PNP Chief
within fifteen (15) days upon completion of the training. (NAPOLCOM Memorandum Circular No
1995-025)

Promotion and Attrition system

What is the meaning of promotion?

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 Promotion is the act of elevating personnel from a lower to higher rank or position, either by regular or
special process. (Manwong & Delizo, 2005)

What are the requirements in regular and special promotion for PNP personnel?

The requirements for regular and special promotion for PNP personnel are the following:

a. Regular promotion; and

• He or she has successfully passed the corresponding promotional examination given by the
Commission, or the Bar, or the corresponding board examinations for technical services and
other professions;
• Has satisfactorily completed the appropriate and accredited course in the PNPA or equivalent
training institution;
• Has satisfactorily passed the required psychiatric/psychological and drug test; and
• Has been cleared by the People’s Law Enforcement Board (PLEB), and the Office of the
Ombudsman of any complaint proffered against him or her, if any.

Take note: the institution of the criminal/administrative complaint or the dependency of the
criminal/administrative case in any tribunal or quasi-judicial bodies against a police officer shall not be a bar
for promotion.

However, the following rules shall be observed:

1. That upon finding of a probable cause, that concerned personnel shall be ineligible for promotion;

There is finding of probable cause when information has already been filled and docketed in
court.

2. That if the case remains unresolved for two (2) years from the aforementioned determination of
probable cause, he or she shall be considered for promotion;

For purposes of counting the two (2) years period, an authenticated copy of the information
and a certification from the Clerk of Court indicating the date the Information was filled in court
(Municipal Trial Court, Municipal Circuit Trial Court, Regional Trial Court or Sandiganbayan) must be
secured by the applicant for promotion.

3. That 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 ineligible for promotion
during the tendency of said criminal case;

“Violation of human rights” shall mean the deprivation of life, liberty and security of person,
as embodied in The Universal Declaration of Human Rights and other related Treaties and
Conventions committed by a police officer such as slavery and servitude; torture or cruel, inhuman
or degrading treatment; arbitrary arrest or detention; arbitrary interference with the person’s
privacy, family, home or correspondence; arbitrary deprivation of property; violation of religious;
violation of rights to free speech, opinion and information; violation of the right to peaceful assemble
and association.

4. In the event that PNP member is held guilty for the crime by final judgement, said promotion shall be
recalled without prejudice to the imposition of the appropriate penalties under applicable laws, rules
and regulations.

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 Explain the important amendment introduce by Republic Act 9708:

Under section 33 of republic act 8551, PNP personnel may apply for promotion only if there is no
pending administrative and/or criminal case filed against him. It was, however, observed that
some were abusing this provision of law filling an administrative case against PNP personnel so
that they will not be eligible for promotion. These became a practice of harassing PNP personnel.
To remedy this problem, republic act 9708 was enacted which provides in part that a mere filling
or pendency of an administrative case cannot prohibit a PNP personnel to avail of a regular
promotion. Republic act 9708 also provided that a mere criminal case filed against police men
cannot prohibit him to avail of regular promotion unless if it will be found out that probable cause
exists. (sec. 33 of RA 8551 & sec 2 of Implementing Rules & Regulations of RA 9708)

b. Special promotion.
• He or she has exhibited acts of conspicuous courage and gallantry at risk of his/her life above
and beyond the call of duty; and
• Such acts shall be validated by the Commission based on established criteria.

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

The acts of conspicuous gallantry and courage cited in the recommendation for special promotion
must be:

• A deed of personal bravery and self-sacrifice and beyond the call of duty of a PNP uniformed
personnel is so conspicuous as to distinguish himself clearly over and above his comrades in the
performance of more than ordinary hazardous service such as, but not limited to the following
circumstances:

1. Overwhelming number of enemies and firepower capability as against the strength of PNP
operatives under their firepower capability:
2. Infiltration and penetration of the safe houses and hideouts of organized crime syndicates like
kidnapping, drugs, carnapping, hijacking, and terrorism;
3. Shoot outs in robbery/hold-up incidents inside public utility vehicles; and
4. Conduct of rescue/disaster operations that resulted in saving of lives and properties.

• An act of heroism exhibited in the face of an armed enemy or in the conduct of rescue/disaster
operations resulting in the loss of life. This is known as Posthumous Promotion.

Take note: Under Republic Act 9263 the acts of conspicuous courage and gallantry at the risk of
BFP/BJMP member’s life above and beyond the call of duty are validated by the Department of
Interior and Local Government (DILG) and Civil Service Commission (CSC), not the NAPOLCOM
(Secs. 19 and 45 of the IRR of RA 9263)

What are the sequential procedures on the issuance of special promotion?

The sequential procedures on the issuance of special promotion are the following:

(For City/Municipal Police Stations)

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 • The deed of bravery and self-sacrifice above and beyond the call of duty of PNP uniformed personnel
at the city/municipal station shall be recommended by the Chief of Police (COP) to the Provincial
Director (PD), Police Provincial Police Office (PPO);
• The Provincial Director (PD), after finding merit to the recommendation shall recommend the same
to the Regional Director (RD), Police Regional Office (PRO);
• Upon receipt of recommendation and after evaluation the Regional Director (RD), Police Regional
Office (PRO) shall endorse the same to the Regional Special Promotion, Awards, and Decorations
Board (RSPADB) for its evaluation; and
• Should the Regional Special Promotion, Awards, and Decorations Board (RSPADB) find merit on the
recommendation, it shall then prepare the corresponding resolution to be recommended by Regional
Director (RD), Police Regional Office (PRO), to the National Headquarters Special Promotions,
Awards, and Decoration Boards (SPADB).

(For the National Operational Support Units)

• For PNP uniformed personnel of the National Operational Support Units (NOSUs), the concerned
National Support Unit (NSU) Chief of the Police Regional Office (PRO) shall recommend the special
promotion of PNP uniformed personnel to the concerned National Support Unit (NSU) Special
Promotions, Awards, and Decorations Board (SPADB) for its consideration;
• Should the NSU Special Promotions, Awards, and Decorations Board (SPADB) find merit on the
recommendation, it shall then prepare the corresponding Resolution to be recommended by the
Director of NSU who will subsequently endorse the same to the National Headquarters Special
Promotions, Awards, and Decoration Boards (SPADB).

Recommendation Regional Director (RD) or National Support Unit (NSU)Chief of the Police
Regional Office (PRO), as stated above must contain the following:

1. Affidavits of at least two (2) responsible persons who are eyewitnesses of the deed or act
cited; and
The specific acts of heroism must be described in detail and must be attested by at
least two (2) witnesses in the engagement.
The written statements narrating the facts should be under oath.

2. The testimonies of the immediate superior officers.

The testimonies of the immediate superior officers could attest to the heroic act in
question in case where no eyewitness could attest. Under such circumstances, the
testimonies shall be subject to careful scrutiny by the Special Promotion Board.

(For Both Recommendations from the RSPADB and SPADB)

All recommendations, either from Regional Special Promotions, Awards, and Decorations Board
(RSPADB) and National Support Unit (NSU) Special Promotions, Awards, and Decorations Board (SPADB)
for its consideration shall be coursed through the National Headquarters (HQ) Special Promotions, Awards,
and Decorations Board (SPADB), the following will be observed:

• Should the Special Promotions, Awards, and Decorations Board (SPADB) find merit in the
application, a resolution shall then be prepared and endorsed for validation by the Commission;
Take note: The recommendation shall be acted upon immediately and submitted to the Commission
within one (1) year from the time of the occurrence of accomplishments.

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 • After receipt of the Special Promotions, Awards, and Decorations Board (SPADB) resolution, the
Commission shall conduct validation of the SPADB’s recommendation based on the established
criteria.
• Should the Commission find the merit on the SPADB’s recommendation, a resolution confirming the
act of conspicuous courage and gallantry shall be prepared and issued;
If after validation, the Commission disapproves the application, the recommendee/s may file motion
for reconsideration within fifteen (15) days after the receipt of the resolution. No subsequent motion
for reconsideration shall be allowed.
• After receipt of the Commission resolution confirming the merit of the application, the Directorate
for Personnel and Records Management (DPRM) Regional Personnel and Human Resource Doctrine
Division (RPHRDD) shall prepare the corresponding KSS Form Blng. 33 for attestation by the Civil
Service Commission (CSC);
• Only after the receipt of the attested KSS Form Blng. 33 for attestation by the Civil Service
Commission (CSC) shall the Directorate for Personnel and Records Management (DPRM)Regional
Personnel and Human Resource Doctrine Division (RPHRDD) prepare the issue the corresponding
Promotion Order for the purpose.

The other matters that must be considered in Special Promotion are the following:

• The effectivity date of special promotion shall be the date the heroic deed was performed; and
• Only operational accomplishment shall merit special promotion.

Illustration of a Special Promotion granted by the National Police Commission:

The Special Promotion granted by the National Police Commission to SP04 Marcelino Cruz Achay and
twelve (12) others for their involvement in the successful suppression May 1, 2001 riots staged by
pro- Erap elements. (NAPOLCOM Resolution No. 2006-074)

Republic Act 8551 also provides for Promotion by Virtue of Position. What are the requirements of this
kind of promotion?

The requirements Promotion by Virtue of Position are the following:

• He or she has been designated to any key position whose rank is lower than which is required for
such position;
• Has occupied said position for a higher rank until after two (2) years from the date of the rank
adjustment.

Take note: In such case, he shall be entitled to a rank adjustment corresponding to the position he is
currently occupying. (Sec 33 of RA 8551)

The policies of the State that must be considered in promotion of PNP members are the
following:

a. It is the National Police Commission which shall establish a system of promotion for uniformed and
non-uniformed personnel of the PNP;
b. The system of promotion shall be based on merits and on the availability of vacant positions in the
PNP staffing pattern;
c. Such system shall be gender fair and shall ensure that woman members of the PNP shall enjoy
equal opportunity for promotion as that of men; and (Sec 31 of RA 8551)
d. Except for the PNP chief, no PNP member who has less than one (1) year of service before
reaching the compulsory retirement and age shall be promoted to a higher rank or appointed to

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 any other position. This is known as the “One-Year-Before-Retirement-Rule”. (NAPOLCOM
Memorandum order no 2008-004)

Attrition is the removal from the service of a PNP member due to attainment of maximum tenure in
position, relief, and demotion in position, non-promotion, or other means provided by the law but
excluding the reaching of compulsory age and conviction in administrative case that carries with it the
penalty of dismissed from service. (Proposed definition by TMT)

The kinds of attrition system shall include but not limited to the following:

a. Attrition by attainment of Maximum Tenure in Position;

Attrition by attainment of maximum tenure in position refers to the maximum cumulative period for
PNP member to hold a particular position. (Sec. 2 [h] of NAPOLCOM Memorandum Order No 2008-
005)

The PNP personnel holding key positions have a maximum tenure as follows:

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 Directors Nine (9) years
(sec 25 of RA 8551)

Other positions higher than Provincial Director but lower than Regional director ha a maximum tenure
of 6 years. Unless either separated, retired, or promoted to higher position in accordance with the PNP
Staffing Pattern, Police Officers holding the above-mentioned positions shall be compulsory retired upon
attainment of the maximum tenure in position herein prescribed or upon reaching the age of fifty-six (56),
whichever is earlier.

Take note: The phase “other positions higher than Provincial Director” refers to star rank positions with a
maximum cumulative tenure of six (6) years. (sec 3 [2] of NAPOLCOM Memorandum Order No 2008-005)

What is the meaning of “Maximum Tenure of Position?”

Maximum tenure of position is defined as the maximum cumulative period for a PNP member to hold
a particular position. (sec 2 [h] of NAPOLCOM Memorandum Order No 2008-005)

May the four – year maximum term of office of the PNP Chief be extended?

No, the four – year maximum term of office of the PNP Chief cannot be extended except in times of
war or other national emergency declared by Congress. In such case, it is the President who may extend
the PNP Chief’s tour of duty. (sec 25 RA 8551)

May a police officer be promoted to a higher position within one year before attaining his compulsory age
for retirement?

No, a police officer may not be appointed within one year before attaining his compulsory age for
retirement. This is known as the “One-Year-Before-Retirement-Rule” or the “One-Year Bar Rule.”

This rile provides that 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

34
any other position other than what he or she is currently holding. Any designation or appointment to this
effect shall be considered void ab initio and may be contested by any interested party.

Take note: “Void ab initio” means void from the beginning. Hence, if a police officer with a rank of inspector
who is really 55 years and six months old is promoted to Senior Inspector, his appointment is void from the
beginning because of the One-Year-Before-Retirement-Rule. As such, his appointment may be contested by
any interested party.

What if a PNP Chief was only fifty – two years (52) old and he already served four years in such office but
the President forgot to appoint a new one who will replace him. May that PNP Chief immediately abandon
his office without waiting for his successor?

No, the PNP Chief must not just leave his office in the absence of his successor. He must comply with
the Principle of Hold- Over. Under this principle if no express or implied constitutional or statutory provision
to the contrary, public officer is entitled to hold office until successor has been chosen and shall have
qualified. The purpose of this principle is to prevent hiatus in public office.

The act of the PNP Chief to continue this duty must, however, be exercised with caution and with the
express or implied authorization of higher authority so that he will not be liable with a crime of “Prolonging
Performance of Duties and Powers.” This crime is committed by any public officer who shall continue to
exercise the duties and powers of his office, employment or commission, beyond the period provided by
law, regulation or special provisions applicable to the case.

What if a PNP Chief became bored in that position so he resigned? Is there a need for him to wait for the
acceptance of his resignation and the appointment of new PNP Chief before leaving his office?

Yes, he must wait first for the acceptance of his resignation and the appointment of new PNP Chief
before leaving his office; otherwise, he is guilty of the crime of “Abandonment of Office or Position.” This
crime is committed by public officer who filed a resignation and before acceptance of his resignation shall
abandon his office to the detriment of the public.

What are the peculiarities of the position of PNP Chief?

The peculiarities of the position of PNP Chief include the following:

• The position of PNP Chief is an exemption of the One-Year-Bar-Rule; and

The One-Year-Bar-Rule provides that 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 other than what he or she is currently holding; and
• The term of the PNP Chief can be extended in case of war or other national emergency declared by
Congress.

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

In order to promote a wider field of experience and expertise and to accommodate and give
opportunity to an increasing number of qualified officers, Third Level Police Commissioned Officers (PCOs)
may hold the following key position for a maximum cumulative period indicated:

Position Maximum Cumulative

Period
Director, Directorial Staff Three (3) years
Regional Director, National Capital Region Police Office (NCRPO) Two (2) years
Regional Director, Police Regional Office (PRO) Two (2) years

35
 Director, National Support Units (NSUs) Two (2) years
District Directors Two (2) years
Provincial/City Director Four (4) years

Similarly, third level Police Commissioned Officers (PCOs) holding other position or responsibility who
by virtue of their specialization, technical experience and extended assignments in special fields or
administrative units, may hold such position for a maximum period of two (2) years. They may be designated
to other positions, if qualified.

Take note: “Third Level Police Commissioned Officers” (PCOs) are those with a rank of Police Senior
Superintendent up to Police Director General.

Supt. Boy Canuto, 45 years old, was appointed as a Chief of Police in 2000. After serving six (6) years in
that position, he was neither promoted nor removed. Can his tour of duty in that position be extended?

No, the tour of duty of Supt. Boy Canuto as a Chief of Police cannot be extended. The tour of duty
of police officers enumerated above will automatically end if they completed their maximum tenure of
position unless earlier separated, retired or promoted to a higher position in accordance with the PNP Staffing
Pattern. In other words, said police officers shall be compulsory retired upon attainment of the maximum
tenure in position upon reaching the age of fifty-six (56), whichever is earlier.

As manifest in the tables presented above, there is a clear contradiction between section 25 of Republic Act
8551 and section 6 (j) of NAPOLCOM Memorandum Circular 2007-008 as to maximum tenure of
Provincial/City Directors. This is because section 25 of Republic Act 8551 provides that the maximum tenure
of Provincial/City Directors shall be nine (9) years, while section 6 (j) of NAPOLCOM Memorandum Circular
2007-008 provides that their maximum tenure shall be four (4) years. Which now will prevail?

Applying the rule in reconciling conflicting laws, it is section 25 of Republic Act 8551 which must
prevail. This because the Memorandum Circulars, being issued by the NAPOLCOM cannot change the law
passed by the National Congress.

In order to further promote a wider field of experience and expertise and to accommodate and give
opportunity to an increasing number of qualified officers, what did the NAPOLCOM do?

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

Position Maximum Cumulative

Period
Police Regional Offices/National Support Unit (NSU) Staff Three (3) years
Position
Chief of Regional National Support Units (NSU) Two (2) years
Chief, Regional Headquarters Service Support Group (RHSSG) Two (2) years
Group Director, Regional Mobile Group (RMG) Two (2) years
Group Director, Provincial Mobile Group (PMG) Two (2) years
Chief of Police Six (6) years

To warrant attrition by attainment of maximum tenure in position, what are the elements that must concur?

To warrant attrition by attainment of maximum tenure in position, the following events must occur:

36
 • The Police Commissioned Officers (PCO) designated to the position specified above has reached the
maximum cumulative period prescribed therein; and
• He/she refuses to accept a position under a different category commensurate to his rank despite
existence of vacancy.

Take note: In order to prevent any fraudulent, irregular or unofficial amendment or change in the birth
dates of PNP personnel especially changes that shorten or prolong one’s tenure or designation etc., the
NAPOLCOM provided guidelines and procedures in correction of entry and changing of birth records of PNP
personnel.

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 or separated.

Take note: this kind of attrition is not found in RA 9263.

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

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

• The relief is for a just cause;

• The PNP member has not given any assignments within two (2) years from his relief and there
are available positions commensurate to his/her rank; and
• The non-assignment for a continuous period of two (2) years in due to valid reason and/or
reasons attributable to him/her, or his/her refusal to accept any position commensurate to
his rank.

c. Attrition by Demotion in Position or Rank;

The PNP personnel, uniformed or non-uniformed, who have been relieved and assigned to a
position lower than what is established for their grade in the PNP staffing pattern and who shall not
have been assigned to a position commensurate to their grade within eighteen (18) months after
such demotion in position shall be retired or separated.

Take note: Under RA 9263, the personnel of BFP and BJMP who are demoted and who shall have
been assigned to a position commensurate to his or her grade within two (2) years after such
demotion in position shall be retired or separated.

It must be stressed further that “demotion in position” refers to the designation of a personnel to a
position lower than what is established for his on her rank or not commensurate to his or her rank
in the PNP Table of Organization.

To warrant attrition by demotion in position, what are the elements that must occur?

To warrant attrition by demotion in position, the following elements must occur:

• The PNP member is relieved and assigned to a position lower than what is established for his
or her rank;
• His or her designation to such lower position is attributable to him or her; and
• The existence of a positional vacancy for the rank during the eighteen (18) months reckoned
after his or her demotion in position.

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 Take note: A PNP member who is promoted in rank but occupying a position lower than what is
called for by his or her present rank within three (3) months, despite availability of commensurate
positions, shall be attrited.

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

To warrant attrition by non-promotion, what are the elements must occur?

To warrant attrition by non-promotion, the following elements must occur:

• 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;
• 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 is due to reasons attribute 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:

• Inefficiency based on poor performance during the last two (2) successive annual rating
periods;
• Inefficiency based on poor performance for three (3) cumulative annual rating periods;

Take note: “Poor Performance” refers to the poor rating in the promulgated PNP
Performance Evaluation Rating System.

• Physical and/or mental incapacity to perform police functions and duties;

Take note: “Physical Incapacity” refers to the inability of a PNP member to perform his
or her duties and responsibilities due to physical defect/s as a result of disease or injury
as may be determined by the PNP Medical Screening Committee.

“Mental Incapacity” on the other hand, refers to a condition where a PNP member is
unable to exercise his or her reasoning faculties or incapable of understanding and acting
with discernment his or her duties and responsibilities as a result of disease or injury as
may be determined by the PNP Medical Screening Committee.

• Failure to pass the required entrance examinations twice and/or finish the required career
courses except for justifiable reasons;
• Refusal to take a periodic PNP physical fitness test without justifiable reason;
• Failure to take PNP physical fitness for four (4) consecutive periodic tests due to health
reasons;
• Failure to pass PNP physical fitness test for two (2) consecutive periodic test or four (4)
cumulative periodic test; or
38
 Take note: “physical fitness test” refers to method of evaluating the physical condition of
PNP members in terms of stamina, strength, speed, and agility.

• Non-compliance with the minimum qualification standards for the permanency of original
appointment.

The procedures that must be followed in attrition proceeding includes the following:

a. Commencement of attrition proceeding;

A pleading that commences an attrition proceeding is known as “Personnel Action on

Attrition.”

Take note: “Personnel Action on Attrition” refers to an action filed by before the Screening
Committee based on a verified statement of an alleged means of attrition by an initiating person.

Is there a need for the Personnel Action for Attrition to be verified?

Yes, by the express provision of a Memorandum Circular of the Commission, the Personnel
Action for Attrition must be verified;

Under the Rules of the Court, pleadings need not be verified unless if required by law or rule.

How shall a pleading, like the Personnel Action for Attrition, verified?

A pleading is verified by an affidavit that the affiant has read the pleading and that the
allegations therein are true and correct of his personal knowledge and brief and/or based on authentic
record.

Who may initiate the personnel action on attrition?

The personnel action on attrition may be initiated by any of the following:

• The head of office or unit or immediate supervisor;

• Any PNP member or NAPOLCOM personnel who has knowledge that a member of the PNP
is subject to possible attrition; and
• Any civilian who has personal knowledge that a PNP member is a subject for possible
attrition due to mental and/or physical incapacity may submit a verified report to the
concerned PNP unit.

b. Filing of Personnel Action on Attrition;

Upon filing of the action to the Screening Committee, it shall be properly received indicating
the time and date of the filing and shall be recorded in the committee journal exclusively maintained
for that purpose. Within (10) working days from receipt thereof, it shall be initiated evaluated by the
committee and it shall submit to the Attrition Board its findings.

Take note: The attrition action shall be deemed formally filed and pending upon receipt and entry
of the same in the official journal of the Attrition Board.

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c. Issuance of summons;

Within three (3) days upon receipt of the attrition action by the Attrition Board, the Head Secretariat
shall issue the summons to be served upon the respondent, directing him/her to submit his/her
memorandum within five (5) days from receipt thereof, together with the evidence to prove his/her
non-attriability from police service.
Take note: the summons shall include an advice that the respondent may avail of his/her right to
counsel.

What if the respondent failed to file a memorandum within five (5) days from receipt thereof?

The failure of the respondent to file a memorandum within five (5) days from receipt thereof
is considered as his/her waiver to present evidence in his /her favour;

d. Convening of the Attrition Board;

Within three (3) days upon receipt of the memorandum, the Head secretariat shall
immediately convene the attrition board requiring the personal appearance of the respondent.

A simple majority among the regular members of the Attrition Board shall institute a quorum
in a proceeding.

Take note: “Quorum” is defined as a number of members who must be present in a deliberative
body before business may be transacted.

It must be stressed further that there is majority when there is the presence of at least one-
half plus one of all the members.

e. Order of attrition proceedings; and

The proceeding is generally summary in nature that it is the chairman of concerned Screening
Committee who is the first to present its findings on the personnel action for attrition and the
respondent shall follow to present evidence in support to his non-attriability.

Clarificatory questions may be allowed, if requested by either party, but shall be confined
strictly to the material and relevant matters in the interest of equity and justice.

Take note: Postponement of attrition proceedings should be discouraged and shall be allowed only
in highly meritorious cases.

It must be stressed further that no motion or pleading shall be allowed except motion to
dismiss and motion for reconsideration.

f. Appeal.

Except for the Third Level Police Commissioned Officers, the decisions of the approving
authority shall be appealed to the commission en banc.

How shall appeal be made?

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 Appeal shall be taken by the respondent by filing a Notice of Appeal with the approving
authority within ten (10) days from receipt of a copy of decision, copy furnished the Attrition Board.

Who are the “approving authority” for the attrition?

The following are the Approving Authority for the attrition:

• The President of the Philippines shall be the Approving Authority for the attrition of the third
level police commissioned officers;
• The PNP Chief shall be the Approving Authority for the attrition of all second level police
commissioned officers and police non-commissioned officers’ organic to officers at the
National Headquarters; and
• The Regional Director shall be the Approving Authority for the attrition police non-
commissioned officers’ organic to their respective Police Regional Offices.

Take note: for the purpose of this discussion, the following terms are hereby defined:

a. Third level police commissioned officers refers to commissioned officers with a rank of Police
Senior Superintendent or higher; and

b. Second level police commissioned officers refers to commissioned officers below the third level
police commissioned officers.

Aside from contesting the allegations stated in the action, what is the other remedy of the
respondent?

The other remedy of the respondent is to plead for optional retirement or other mode of
separation from police service before the Attrition Board at any stage of the attrition proceeding but
before the final board deliberation. If the plea is granted, the attrition action will be terminated.

What if during the pendency of the attrition, the respondent dies?

The death of the respondent during the pendency of the attrition shall terminate the
proceedings. Barring legal impediment, the personnel concerned shall be posthumously separated or
retired.

Can a PNP member due to compulsory retirement within one (1) year be a subject of an attrition
proceeding?

No. By the express provision of a Memorandum Circular issued by the Commission, no PNP
member due for compulsory retirement within one (1) year may be subject of an attrition proceeding.

The kinds of removal under the attrition system are the following:

a. Retirement; and
A policeman is considered to have retired from service if he has rendered at least twenty (20)
years of service; and

b. Separation
A policeman is considered to have separated from service if he has rendered less than twenty
(20) years of service.

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 Take note: If a policeman has retired or separation from service, he shall be entitled to a
retirement or separation pay, respectively, unless he is disqualified by law to receive such
benefits.

Retirement Pay

- Filing, Computing, Claiming benefits.

What is the manner of computing retirement and separation pay?

Monthly retirement pay = (50%) of the base pay and longevity pay + in case of twenty (20) years
of active service, increasing by two and one-half percent (2.5%) for every year of active service
rendered beyond twenty (20) years.

Said 50% and additional 2.5% for every year of service shall not exceed 90% for thirty-six
(36) years of active service and over.

Take note: uniformed personnel shall have the option to receive in advance and in lump sum their
retirement pay for the first five (5) years.

May a policeman avail of an early retirement?

Yes, any PNP commissioned or non-commissioned officer may retire and be paid with separation
benefits corresponding to a position two (2) ranks higher than his/her present rank subject to the following
conditions;

a. The applicant has already rendered at least ten (10) years of continuous government service at
the time he or she applies for retirement;
b. He or she is not scheduled for separation or retirement from the service due to the attrition
system or separation for cause;
c. He or she is no pending administrative or criminal case; and
d. He or she 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 position.

What is the meaning of permanent physical disability and when it is compensable?

Permanent physical disability is an instance when a police commissioned officer or police non-
commissioned officer is permanently and totally disabled as a result of injuries suffered or sickness
contracted in the performance of his duty. It is compensable when the following are present:

a. it is a result of injuries suffered or sickness contracted in the performance of his duty;

b. Duly certified by the National Police Commission; and
c. There is a finding and certification by the appropriate medical officer, that the extent of disability
or sickness renders such member unfit or unable to further perform the duties of his position.

Definition of “permanent total disability:”

“Permanent total disability” is any impairment of the mind and body which renders the disabled
uniformed PNP member incapable of performing substantially the duties of a police officer and which is
expected to be long, continued, and of indefinite duration. Some examples of this are the irreversible loss
of power of speech, sense of hearing, loss of one or both hands or feet.

In all cases, the disability shall be deemed permanent if it has persisted for a period exceeding six
(6) months, without fixed healing period and renders the PNP member incapable of performing his duties
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and functions. In case the disability is found to be permanent beyond doubt upon medical examination of
said member, the waiting period of six (6) months shall be waived.

Definition of “disability:”

Disability is the loss or impairment of the normal functions of the physical or mental faculties of an
employee which reduces his/her capacity to continue with his present employment.

How will the amount of permanent physical disability be computed?

The amount to be paid due to permanent physical disability is equivalent to a one year salary and to
a lifetime pension equivalent to eighty percent (80%) of the PNP member’s last salary, in addition to other
benefits as provided under existing laws.

Should such member who has been retired under permanent total disability die within five (5) years
from his retirement, his surviving legal spouse or if there be none, the surviving dependent legitimate
children shall be entitled to the pension for the remainder of the five (5) years guaranteed period.

Take note: The term “salary” as used above is defined as the basic pay attached to the rank to which one
is appointed including longevity pay.

Who may file claim for disability or death benefits?

A claim for permanent total disability may be filed by the PNP member himself or, in case of physical
incapacity, his duly authorized representative.

A claim for sickness benefits can only be availed of by the PNP personnel who have rendered at least
six (6) months of continuous service. However, in case of accident-related injuries, the six (6) - month
required period of employment shall not apply.

A claim for death benefits, on the other hand, may be filed by the following in order of precedence:

a. Surviving spouse;
b. Surviving dependent legitimate child;
c. Non-dependent legitimate and illegitimate children;
d. Surviving parents; and
e. Surviving brothers and sisters.

After one year, however, the NAPOLCOM issued another Memorandum Circular providing in part that
a claim for death benefits may be filed by the following in order to precedence:

a. Surviving spouse;
b. Surviving dependent legitimate child;
c. Surviving parents; and
d. Surviving brothers and sisters.

Take note: there is a conflict between NAPOLCOM Memorandum Circular No 2000-005 and NAPOLCOM
Memorandum Circular No 2001-001 as to the list beneficiaries. This is because under NAPOLCOM
Memorandum Circular No 2001-001, “non-dependent legitimate and illegitimate children” are not included
as beneficiaries. Applying the rule in reconciling conflicting memoranda which provides that the new one will
amend the other one, it must be NAPOLCOM Memorandum Circular No 2001-001 that must prevail over
NAPOLCOM Memorandum Circular No 2000-005.

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 In the opinion of the author, however, it is NAPOLCOM Memorandum Circular No 2000-005 that must
prevail. This is because to remove “non-dependent legitimate and illegitimate children” as beneficiaries and
to still include brothers and sisters will result to an absurd or non-sense situation.

An illustration of this is what if PO2 A died while performing his official duty. He had a twenty (20) –
year old brother legitimate child by the name of Mr. B and a twenty (20) year old brother by the name of
Mr. C. he had neither surviving spouse, surviving dependent child nor surviving parents. Common sense
dictates that the death benefit shall be given to the nearest relative of PO2 A with his son Mr. B which also
in accordance with NAPOLCOM Memorandum Circular No 2000-005. If we are going to apply NAPOLCOM
Memorandum Circular No 2001-001, however, Mr. B (the child) will be removed from the list of beneficiaries
and it will be Mr. C (the brother) who will be entitled to the death benefits.

What are the death benefits that must be awarded t beneficiaries of a PNP member?

The death benefits that must be awarded to beneficiaries of a PNP member are the following:

a. Gratuity equivalent to decedent’s one (1) year salary;

b. Burial expenses equivalent to decedent’s three (3) months basic salary;
c. Reimbursement of reasonable expenses for medicines, medical attendance, and hospitals fees;
and
d. Restoration of deducted leave credits for absences incurred by reason of the sickness or injury
contracted or sustained while in the performance of official duties.

SPO1 Pogi is a Muslim guy. In 1999, he married Ara; in 2001, he married Vilma; in 2005, he became
permanently incapacitated when he was shot while conducting patrol; in 2006, he died. Who between Ara
and Vilma is entitled to the pension of the remainder of the five (5) years guaranteed period? In other
words, who between Ara and Vilma is the legal surviving spouse of SPO1 Pogi to be entitled t the pension?

Ara is the one entitled to the pension for the remainder of the five (5) years guaranteed period. The
first spouse of the person is considered as his legal spouse even if his culture allows him to have two or
more spouses.

Take note: The marriage between SPO1 Pogi and Ara must not have been annulled or dissolve for Ara to
be considered as the legal spouse.

It must be stressed further that Legal Separation between spouses does not operate to dissolve a marriage.
Hence, if SPO1 Pogi was legally separated with Ara, the pension must still be paid to Ara.

Aside from the position that may be availed of by the surviving children of deceased and/or incapacitated
PNP personnel, what are the other benefits that they may be entitled?

a. Entitlement to payment of medicines, medical attendance, and hospital fees;

The NAPOLCOM, however, imposed certain limitations to said expenses to ensure that they
are necessary and reasonable and as such, reimbursable under existing auditing rules and
regulations.
b. The surviving children of the deceased or permanently incapacitated police or military personnel
or firearm shall be given priority in employment in a government or agency or office where his/her
qualifications are fitted; and
However, if the spouse is already employed or not employable or if he/she waives his/her
employment privilege, then an employable son or daughter shall be granted the said privilege.

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 c. All surviving children of the deceased or permanently incapacitated police shall be extended
scholarship up to college in a non-exclusive institution, subjected to the policies on the tuition of
said institution.

The scholarship privilege, however, limited to the payment of tuition and miscellaneous fees
payable to the school and shall be remitted by the National Police Commission or the
Department of National Defense, as the case may be, upon presentation to it the approved
enrolment or registration form.

Take note: The fund of the said scholars commonly comes from the proceeds of firearm license that
are authorized to be collected by the PNP in relation to its exercise of regulatory and statutory
functions.

How many financial scholarship benefits to be paid to a scholar?

The award of the financial scholarship benefits for tuition fees and miscellaneous expenses to a
NAPOLCOM scholar shall be paid directly to the school in which he/she is enrolled or reimbursed to the said
scholar by NAPOLCOM upon presentation of his/her approved enrolment or registration or registration form
and official receipt of payment.

For this purpose, the NAPOLCOM Regional Office is tasked to assist in the expeditious payment or
reimbursement of the tuition free and miscellaneous fees which shall be completed within a period of two
(2) days from the receipt of the application and to transmit of the approved application within the same
period of the Central Office for the processing of the initial; payment or reimbursement, as the case may
be.

How much is the maximum amount of the financial scholarship benefits?

The financial scholarship benefits shall not exceed the following amounts:

• P12,000.00 for elementary scholar per school year;

• P16,000.00 for high school scholar per school year;
• P12,000.00 for vocational scholar per semester; and
• P22, 000.00 for college scholar per semester.

What are the grounds for forfeiting or terminating a scholarship grant?

The scholarship grant may, however, be forfeited or terminated in of the following grounds:

• The failure of the grantee to maintain the required weighted average per semester or school year;

A NAPOLCOM scholar shall always strive for excellence. As such, he/she shall, during a specified
semester or school year, maintain an average in academic grade as follows:

1. For college level-2.75 or 80% per semester;

2. For vocational level-2.75 or 80% per semester;
3. For high school level-80% (or its equivalent) per school year; and
4. For elementary level-80% (or its equivalent) per school year.

In other words, the enumerated is the minimum required weighted average that must
be maintained for the continuous enjoyment of the scholarship granted.

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 • The scholarship grant is not availed of by the grantee within a period of one (1) semester for college
and within one (1) school year for elementary or high school;
• The grantee obtained failing grade in any of the subject to which she/ he is enrolled, upon re-
enrolment of the same fails again; and

In this case, the expenses for the re-enrolment of the failed subject/s shall be shouldered by the
grantee.

• After investigation, the grantee found to be drug dependent or user or involved in any illegal or
immoral activity or expelled from school for valid case.

Take note: The National Police Commission is the Administrator of the Scholarship Program for
surviving children of deceased and/or permanently incapacitated PNP members.

Cases may be filed against Policeman

When a policeman commits a crime, what are the different cases that may be filed against him and where
will these cases be filed?

When a policeman commits a crime; criminal, civil, and administrative cases may be filed against
him. Criminal and civil cases before the courts, while administrative cases are filed before quasi-judicial
bodies like Internal Affairs Service (IAS), People’s Law Enforcement Board (PLEB), National Police
Commission (NAPOLCOM), Commission on Human Rights (CHR), among others.

Take note: the term “quasi” means as if.

What is the nature of proceedings before the administrative disciplinary authorities of quasi-judicial bodies?

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

Offense of Uniformed members of the PNP

What are the different administrative offenses against policemen?

The following are the offenses for which uniformed members of the PNP may be charged
administratively:

a. Neglect of duty or non-feasance;

Neglect of duty or non-feasance is the omission or refusal, without sufficient excuse, to
perform an act of duty, which it was the peace officer’s legal obligation to perform.
b. Irregularity in the performance of duty or misfeasance;
Irregularity in the performance of duty or misfeasance is the improper performance of some
act which might lawfully be done.
c. Malfeasance;
Malfeasance is the performance of an act which ought not to be done.
d. Incompetence;
Incompetence or ignorance is the material lack of adequate ability and fitness for the
satisfactory performance of police duties. This refers to any physical, intellectual, psychological,
and moral quality, the lack of which substantially incapacities a person to perform the duties of
police officer.
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 e. Oppression;
Oppression imports an act of cruelty, severity, unlawful exaction, domination or excessive use
of authority. The exercise of the unlawful powers or other means, in depriving individual of his
property or liberty against his will, is generally an act of oppression.
f. Dishonesty; and
Dishonesty is the concealment or distortion of truth in matter or fact relevant to one’s office,
or connected with the performance of his duties.
g. Disloyalty to the Government:
Disloyalty to the Government consists of the abandonment or renunciation of one’s loyalty to
the government of the Philippines, or advocating the overthrow of the government, through overt
or covert acts.

Mr. Felicissimo Rosete was punched and kicked several times by P03 Jayson Felix so the former was
hospitalized for 3 days. Because of this, Mr. Rosete filed an administrative case before the PLEB and a
criminal case before the court against p03 Felix. The next day, he again filed the same administrative case
against said policeman before the NAPOLCOM. Is the act of Mr. Rosete in filing the second administrative
case proper?

No, the act of Mr. Rosete is not proper because it is in violation of Certification against Forum
Shopping. This certification states that a complaint or a charge filed against a PNP member shall be heard
and decided exclusively by the disciplinary authority who has acquired original jurisdiction over the case and
notwithstanding the existence of concurrent jurisdiction as regards the offense.

What is the meaning of concurrent jurisdiction?

“Concurrent jurisdiction” means the power and authority of two or more courts, body, or tribunal to
hear, try, and decide a particular case.

An example of concurrent jurisdiction authority of the People’s Law Enforcement Board (PLEB), the
Internal Affairs Service (IAS), the National Police Commission (NAPOLCOM), and the other quasi-judicial
bodies over administrative cases against policemen. This means that administrative cases against policemen
may be filed either in PLEB, IAS, NAPOLCOM, or in any other quasi-judicial bodies but the filing to one of
them prohibits further filing to another quasi-judicial bodies; otherwise, certification against forum shopping
is violated.

Take note: Forum shopping is prohibited so the purpose of the certification against forum shopping is for
the complaint to certify that he is not committing forum shopping. The certification against forum shopping
is available in any initiatory pleading like complaint.

What is the effect of violating the prohibition against forum shopping?

The violation of probation against forum shopping shall be a ground for the dismissal of the case at
the instance of the hearing authority or upon motion of the respondent.

How may Forum Shopping be prevented?

In order to prevent forum shopping or multiple filing of complaint shall certify under oath in such
pleading, or in a sworn certification annexed thereto and simultaneously filed therewith, to the truth of the
following facts and undertaking:

a. That he has not heretofore commenced any other action or proceeding involving the same issues in
other disciplinary forum;

47
 b. That to the best of his knowledge, no such action or proceeding is pending in other police
administrative disciplinary machinery or authority;
c. That if there is any such action or proceeding which is either pending or may have been terminated,
he must state the status thereof; and
d. That if he should thereafter learn that a similar action or proceeding has been filed or is pending
before any other police or disciplinary authority, he must undertake to report that the fact within five
(5) days there from to the disciplinary authority where the original complaint or pleading has been
filed.

Take note: the certification against forum shopping is based on the Principle of Exclusivity.

Under the “Principle of Exclusivity,” when a complaint or charge is filed against a PNP member, it
shall be heard and decided exclusively by the disciplinary authority which first acquired original jurisdiction
over the case. Offenses which carry a higher or lower penalty, however, shall be referred to the appropriate
disciplinary authority.

What if it will be learned later on that the disciplinary authority that rendered the decision has no jurisdiction
over the charge?

If it will be learned later on that the disciplinary authority that rendered the decision has no
jurisdiction over the charge, the decision is void but the PNP member may be charged again to another
disciplinary authority with competent jurisdiction.

May a policeman facing a criminal/administrative charge be given a legal assistance while facing his?

Yes, the Secretary of Justice, the chairman of National Police Commission, or the PNP Chief may
authorized lawyers of their respective agencies to provide legal assistance to any member of the PNP who
is facing his case before the prosecutor’s office, the court, or any competent body, a charge or charges
arising from any incident which is related to the performance of his official duty. These government lawyers
so authorized shall have the power to administer oaths.

When necessary, as determined by the Commission, a private counsel may be provided at the
expense of the Government.

What is the definition of “Legal Assistance?”

“Legal Assistance” refers to the legal service, consultation, advice, or representation to be rendered
in favour of a PNP member in all stages of a criminal or administrative proceeding.

It includes but not limited to the following:

a. Legal advice and documentation;

b. Preparation of written explanation or any responsive pleading; and
c. Legal presentation in judicial, quasi-judicial, and other administrative bodies.

When shall a policeman be considered sued in relation to the performance of his official duty?

A policeman shall be considered sued in relation to the performance of his official duty if the subject
of complaint or disciplinary action is related to or in connection with the discharge of his official functions.

Who are lawyers authorized to render legal assistance?

The lawyers authorized to render legal assistance are those coming from the following:

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 a. Public Attorney’s Office (PAO) of the Department of Justice (DOJ);
b. National Police Commission (NAPOLCOM); and
c. Philippine National Police.

Take note: The lawyers from said offices must be duly designated by their respective heads of offices to
provide assistance to PNP members. The lawyers enumerated above also include private counsels hired for
the purpose of defending police officers in an administrative or criminal case.

What is the Legal Assistance Office (LAO)?

The Legal Assistance Office (LAO) under the office of the Chairman of NAPOLCOM was established to
provide legal assistance to PNP members. It is headed by a lawyer who is appointed by the Chairman of
NAPOLCOM upon recommendation of the Vice Chairman (Executive Officer). The office shall be composed
of NAPOLCOM lawyers who may be reinforced by lawyers from the national office, Regional Legal Assistance
Unit (RLAU) shall also be maintained in every NAPOLCOM regional office.

Internal Affairs Service

Requirements and prohibitions of IAS membership

The Internal Affairs Service (IAS) has the following offices:

a. National office
The national office of Internal Affairs Service shall be headed by an Inspector General who
shall be assisted by a Deputy Inspector General. The Inspector General, who must be a civilian, shall
be appointed by the President upon the recommendation of the Director General and duly endorse
by the Commission. Appointments of personnel who shall occupy various positions shall be made by
the Inspector General and shall be based on an established career pattern and criteria to be
promulgated by the Commission.
b. Regional offices; and
The regional offices of the Internal Affairs Service shall be headed by a Director.
c. Provincial offices
The provincial offices of the Internal Affairs Service shall be headed by a Superintendent.

The requirement and prohibitions of IAS membership are the following:

a. The entry to the Internal Affairs Service shall be voluntary and subject to a rigid screening;
b. The PNP personnel who became member of IAS must have at least five (5) years’ experience in law
enforcement;
c. The person who joints the IAS may not thereafter join any other unit of the PNP; and
d. A member of IAS shall not be allowed to sit in a committee deliberating on the appointment,
promotion, or assignment of any PNP personnel.

Take note: Initial appointments of the heads of the offices in the Internal Affairs Service shall be
made by the President upon recommendation by the Commission. Succeeding appointments shall be
done by the head of IAS.

The powers and function of IAS of the PNP are the following:

a. Pro-actively conduct inspections and audits on PNP personnel and units;

b. Investigate complaints and gather evidence in support of an open investigation;
c. Conduct summary hearings on PNP members facing administrative charges;

49
 d. Submit a periodic report on the assessment, analysis, and evaluation of the character and behavior
of PNP personnel and units to the Chief PNP and the Commission;
e. File appropriate criminal cases against PNP members before the court as evidence warrants and
assist in the prosecution of the case;
f. Provided assistance to the Office of the Ombudsman in cases involving the personnel of the PNP.
g. Provide documents or recommendations as regards to the promotion of the members of the PNP or
the assignment of PNP personnel to any key position.

Take note: The IAS shall also conduct, motu proprio, automatic investigation of the following cases:

• Incidents where police personnel discharge a firearm;

• Incidents where death, serious physical injury, or any violation of human rights occurred in
the conduct of a police operation;
• Incidents where evidence was compromised, tampered with, obliterated, or lost while in the
custody of police personnel;
• Incidents where a suspect in the custody of the police was seriously injured; and
• Incidents where the established Rules of Engagement have been violated.

Take note: The phrase “motu proprio” means at its own instance. Hence, the IAS shall conduct an automatic
investigation of the above enumerated cases even in the absence of a complaint filed by a private offended
party.

It must also be stressed that the Rules of Engagement of PNP was changed to Police Operational Procedure.

The procedures that must be followed by Internal Affairs Service (IAS) and other disciplinary
authorities in conducting administrative cases against PNP members are the following:

a. Filing of Administrative Complaint;

An administrative complaint may be initiated by filing a sworn written statement before any
disciplinary authority, or the IAS, accompanied by affidavits of witnesses, if any, and other evidence
in support thereof.

The complaint shall be accompanied by a Certification of Non-Forum Shopping.

An anonymous complaint may be a basis of a formal complaint provided the material
allegations contained therein may be validated.

b. Evaluation of the Complaint;

Upon receipt of complaint, the disciplinary authority concerned shall designate the officer who
shall conduct the evaluation of the same to determine whether it shall be:

• Closed or dropped out rightly for lack of probable cause;

• Referred to appropriate disciplinary authority;
• Treated as a grievance/request for assistance which may be referred to the concerned office
or government agency; or
• Recommended for summary hearing.
Any record by the evaluator closing or dropping an administrative complaint for lack of
probable cause shall, in all cases, be approved by concerned disciplinary authority or IAS.

c. Pre-charged Evaluation;
Pre charge- evaluation is a process to determine the existence of probable cause based on
the allegations on the complaint and supporting evidence.
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 All complaints for pre-charge evaluation shall be stamped on its face with the date and time
of its receipt and an assigned reference number, and shall be recorded in a docket book exclusively
maintained for that purpose.

Within three (3) days from receipt of the complaint or the referral from other disciplinary
authority or investigative agencies, the assigned officer shall evaluate the same and submit his
recommendation to the concerned disciplinary authority for proper disposition.

If after pre-charge evaluation, probable cause is found to exist which warrant the conduct of
summary hearing, the record of the evaluator to conduct the same shall be approved by the
disciplinary authority or IAS.

When the authority to conduct pre-charge, evaluation is delegated by the disciplinary

authority to any of its office, the approval of the said recommendation shall be made by the head
thereof.

d. Entering the Case in the Docket Book;

Upon receipt of the approval pre-charge evaluation report that the respondent should be
administratively charge together with the complete record of the complaint, the office tasked by the
disciplinary authority to maintain the records of administrative cases shall enter the cases in the
official docket by stamping on the face of the report or complaint the time and date of receipt and
assign a case number to it.

A docket book shall be maintained by the said office and shall contain among others the
following data of the case: date and time of receipt from evaluator, case number, name or parties
etc.

When is an administrative case deemed formally filed?

An administrative shall be deemed formally filed and pending upon receipt and entry of the same in
the official docket of the disciplinary authority or IAS. The office tasked to maintain the docket of
administrative cases shall inform the PNP Directorate for Investigation and Detective Management (DIDM)
of the pending case, as well as the PNP unit where the respondent is assigned.

Take note: A formal charge is defined as a complaint initiated before any of the disciplinary authorities or
IAS after finding of probable cause.

What if the respondent is a Presidential appointee?

After a formal charge is filed, a respondent who is a presidential appointee can only be
subjected to a summary hearing after a clearance for such purpose is obtained from the Office of the
President. The report of the investigation together with the complete original records of the case
shall be submitted to the Office of the President through the Commission.

e. Assignment of Hearing Officers;

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

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f. Determination of Venue;
The administrative complaint or cases against PNP member shall be filed before the
disciplinary authority or IAS having territorial jurisdiction where the offense was committed.

However, if there is a PLEB organized in a city or municipality, the administrative case may
be filed in the PLEB of the city or municipality where the police officer is assigned.

g. Service Summons;
Within three (3) days upon receipt of the complaint by the hearing officer, he shall issue the
summons to be served upon the respondent, directing him to submit his answer within five (5) days
from receipt thereof, together with whatever documentary evidence the respondent may have in
support of his defense.

Take note: The investigating/hearing officer must ensure that the summons, orders, notice etc.
must be properly served to be respondent.

How shall notices and summons be properly served to the respondent?

All notices and summons to the respondent shall be served by handling the same to the
respondent in person, or, if he refuses to received and sign for it, by tendering it to him. The process
server of disciplinary authority or IAS shall affect said service.

h. Filing of Answer;
The answer, together with whatever documentary evidence the respondent may have in
support of his defense, must be submitted within five (5) days from receipt of the summons.

The answer shall be in writing, under oath and must contain material facts, which may either
be a specific denial or affirmation of the allegations in the complaint. It shall be accompanied by
documentary or other evidence, if there be any, in support of the defense, copy furnished the
complainant. It shall also contain a list of witnesses and their individual addresses, whenever
appropriate.

Take note: “Answer” is defined as a pleading in which a respondent or other adverse party sets
forth the negative and affirmative defense upon which he relies.

How shall an answer be filed or submitted:

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

What are the prohibited motions before filing of an answer or during hearing?

The prohibited motions before filing of an answer or during hearing are the following:
a. Motion to dismiss;
b. Motion for bill of particulars; and

The “bill of particulars” is a remedy given to the accused seeking clarification to the unclear
allegations or statements in the complaint.

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 c. Any other motion.

The filing of any of the enumerated shall not interrupt the running of the reglementary period for
filing an answer.

Take note: “Reglementary period” is the period required by the law or the rules to perform a
specific act. In the computation of period of time, the first day shall be excluded and the last day
shall be included unless it falls on a Saturday, Sunday, or a legal holiday, in which case the last
day shall fall on the next working holiday.

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

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

What if the respondent admits his culpability?

When the respondent in his answer admits his culpability to the charge, the hearing shall,
nonetheless, proceeds in order to determine the degree of his responsibility and the appropriate
penalty to be imposed.

i. Pre-Hearing Conference;
Within ten (10) days from receipt of the answer, the disciplinary authority or IAS shall conduct
the pre-hearing conference for the purpose of:
• Defining and simplifying issues of the case;
• Entering into admissions and/or stipulation of acts;
• Limiting the number of witnesses to be presented;
• Scheduling the dates of hearing;
• Marking of exhibits; and
• Removing other matters not relevant to the case.

Take note: witnesses not be included in the Pre-Hearing stipulations shall in no case be allowed
to testify.

j. Hearing Proper;

Within five (5) days from the Pre-Hearing Conference, the summary hearing of the case shall
proceed.

What is the order of summary hearing?

The order of the summary hearing shall be as follows:

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

Are the parties entitled to a counsel during hearing?

Yes, the parties have the right to avail of a counsel during hearing. If the parties at the start
of the proceeding appeared without counsel, they shall be informed of the right to avail of one if
they so desire. However, the hearing shall proceed as scheduled even in the absence of counsel.

If a party is not represented by the counsel, the Hearing Officer shall mark the exhibits
represented during the preliminary conference and may propound clarificatory questions, if
necessary.

What if the respondent fails or refuses to appear during the scheduled hearing?

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

What if it is the complaint who fails to prosecute the administrative action?

The failure to prosecute the case during the hearing, despite due notice, shall be sufficient
ground to drop complaint where the culpability of the respondent could not be established or
proven without the testimony of the complaining witnesses. However, before dropping the
complaint, the disciplinary authority or designated hearing officer shall exert his effort to locate
the complainant and witnesses and to inquire into the reason for their failure to prosecute the
case.

In cases where the culpability of the respondent can be established by evidence other that
the testimony of the complainant, non-appearance of the latter shall not be ground to terminate
proceeding. The disciplinary authority or hearing officer shall endeavour to continue with the
hearing and secure the attendance of other vital witnesses, upon proper motion by the
prosecution.

What is the rule in postponement of hearing?

Postponement of hearing should be discouraged and shall be allowed only in meritorious

cases, such illness of the party or his or her counsel and/or other similar unavoidable causes. A
request for postponement on the ground of illness shall be supported by a duly sworn medical
certificate.

What is the rule in reassignment or transfer of a respondent PNP member to another city or
municipality during the pendency of his administrative case?

No respondent PNP member shall be reassigned or transferred to another city or municipal

police station or unit during the pendency of his administrative case, unless the concerned
disciplinary authority of IAS certifies that the presence of respondent is no longer necessary. Any
superior who violates the provision shall be administratively liable for irregularity in performance
of duty.

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k. Submission of Report of Investigation;

The hearing officer of the disciplinary authority and IAS, whenever applicable shall have 30
days to submit the report of investigation accompanied by the complete original records from the
date the case is submitted for resolution. The report of investigation shall contain the findings of
facts and the corresponding recommendation.

In cases filed before the IAS, the Provincial Director, the Regional Director, and the Inspector
General shall resolve and forward the recommendation to the Disciplinary Authority, within 30 days
from receipt of the report of investigation from the hearing officers.

l. Period to Render Decision;

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

m. Finality of Decision; and

The disciplinary action imposed upon a member of the PNP shall be final and executor. However,
there is still a remedy for the respondent and it is either of the following:

• To Appeal; or

The disciplinary action imposed by the Regional Director or by the PLEB involving demotion
or dismissal from the service may be appealed to the Regional Appellate Board (RAB) within 10
days from receipt of the copy of the notice of decision.

On the other hand, the disciplinary action imposed by the Chief of the PNP involving demotion
or dismissal may be appealed to the National Appellate Board (NAB) within 10 days from receipt
thereof.

The RAB or NAB, as the case may be, shall decide appeal within 60 days from receipt of the
notice of appeal but the decisions of the RAB and NAB may be appealed to the Secretary of DILG.

How shall appeal be filed?

A notice of appeal shall be filed in three (3) legible copies which shall contain the following:

1. The material dates showing that it was filed on time;

2. The assignment of the specific error of fact or law, or both allegedly committed by the
disciplinary authority; and
3. The specific body to which the appeal is being taken.

Take note: in all appealed cases, the title of the case shall remain as it was before the disciplinary
authority, but the party appealing the case shall be referred to as the appellant and the prevailing
party as the appellee.

May a decision dismissing an administrative complaint be appealed?

Yes, a resolution of the Prosecution Division of the National IAS or Regional IAS dismissing
the administrative complaint for lack of probable cause may be appealed to the Inspector General.
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 • To File a Motion for Reconsideration.

The party adversely affected by the disciplinary action imposed may file a motion for
reconsideration from the decision rendered by the disciplinary authority within 10 days from
receipt of a copy of the decision on any of the following grounds:

1. Newly discovered evidence which, if presented, would materially affect the decision
rendered; or
2. Errors of law or regularities have been committed prejudicial to the substantial rights or
interest of the movant.

Take note: the filing of the motion for reconsideration shall stay the execution of the
disciplinary action sought to be reconsidered.

It must be stressed further that only one (1) motion for reconsideration shall be allowed and
the same shall be considered and decided by the disciplinary authority within 15 days from
receipt thereof.

n. Certificate of finality of the Decision.

The disciplinary authority or appellate body shall issue a certificate of finality of the decision
or resolution finality disposing of the case when no motion for reconsideration or appeal is filed within
the prescribed period.

May a respondent be found liable for an offense separate and distinct from which he was charge?

Yes, a respondent may be found culpable of an offense separate and distinct from that for
which he was charge if the acts constituting the offense of which he was found guilty were alleged in
the complaint and the respondent has been given the opportunity to answer.

What is the effect of compulsory retirement of the respondent?

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

What is the effect of the death of the respondent?

The death of the respondent during the pendency of the case shall terminate the administrative
proceedings and has the effect of exoneration. Upon presentation of a certified true copy of the death
certificate, a resolution dismissing the case shall be issued by the concerned disciplinary authority,
appellate body, or IAS, where the case is pending.

Take note: “Exoneration” means free from blame or responsibility.

What office shall maintain the records of the administrative charges against PNP members? In case the
policeman undergoing administrative case, is reassigned, transferred, or relieved, what office shall keep the
record of the case?

56
 The local Internal Affairs Office shall be responsible for the maintenance and upgrade of records of
the members of the PNP within their jurisdiction.

When the PNP personnel is reassigned or transferred to another location or unit outside the
jurisdiction of the current Internal Affairs Office, the original records of such personnel shall be transferred
over the Internal Affairs Office that will acquire jurisdiction over the transferred personnel while copies will
be retained by the former Internal Affairs Office. In cases where a PNP personnel has been relieved of his
or her position and has not been given an assignment, the Internal Affairs Office where the person has been
assigned last shall continue to have jurisdiction over his or her records until such time that the officer or
member shall have been given a new assignment where the records will be forwarded to the Internal Affairs
Office acquiring jurisdiction over the PNP personnel.

Mr. Mark Santos filed an administrative case before the IAS of PNP and a criminal case before the court
against PO3 Jayson Felix. PO2 Felix is currently assigned at Police Community Precinct 2 of Camiling Tarlac
which is headed by Insp. Minerva Quino. What is the remedy of Mr. Santos if PO3 Felix keeps on harassing
him because of the cases he filed against the latter?

The remedy of Mr. Santos is to file a motion before the hearing authority to place PO3 Felix under
preventive suspension shall not be more than ninety (90) days except if the delay in the disposition of the
case is due to the fault, negligence, or petitions of the respondent PO3 Felix.

Such preventive suspensions maybe sooner lifted by the hearing authority or the court in the
exigency of the service upon recommendation of Chief PNP and the case shall be subjected to continuous
trial and shall be terminated within ninety (90) days from arraignment of the accused.

In the preceding question, is the presence of the head of the Precinct Insp. Minerva Quino necessary during
hearing of the administrative case of her subordinate?

Yes, the presence of Insp. Minerva Quino is necessary. It is a rule in investigating administrative
cases against policeman that the immediate superior or supervisor of the personnel or units being
investigated shall be automatically included in the investigation to exclusively determine lapses in
administration or supervision.

What is preventive suspension?

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

When is preventive suspension available?

The concerned disciplinary authority or the IAS, upon motion of the complainant, may, at any time
before a case is formally filed but before the presentation of complaint’s evidence, place the respondent on
the preventive suspension on a period not exceeding ninety (90) days under any of the following
circumstances:

a. That the charge is serious or less grave and the evidence of guilt is strong; or
b. That there is evidence to show that the respondent is exerting efforts to harass, intimidate, coerce,
or unduly influence the complainant and/or his witnesses into withdrawing his complaint or retracting
his sworn statement or that of his witnesses against the respondent or tamper with evidence.

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What are the instances when a request for preventive suspension must not be denied by the superior officer?

The instances when a request for preventive suspension must not be denied by the superior officer
are the following?

a. When the respondent refuses to head the PLEB’s summons or subpoena;

b. When the PNP personnel have been charge with offenses involving bodily harm or grave threats;
c. When the respondent is in the position to tamper with evidence; and
d. When the respondent is in the position to unduly influence the witnesses.

Take note: any superior officer who fails to act on any request for preventive suspension under any
of the enumerated instances without valid grounds shall be held administratively liable for serious
neglect of duty.

When may a preventive suspension issued by the immediate superior officer or superior be lifted?

A preventive suspension issued by the immediate superior officer or supervisor may be lifted on any
of the following grounds;

a. In the exigency of the service provided there is conformity by the national or regional IAS which is
undertaking the hearing;
b. When the prosecution or complainant has rested his case upon certification by the national or regional
IAS conducting the hearing; and
c. Failure to resolve the case within the period of ninety (90) days which delay is not the fault of the
respondent.

Take note: the term “lifted” means revoked or rescinded.

What if a PNP respondent was preventively suspended or separated from the service and it was found later
on that he is innocent?

If a PNP respondent was preventively suspended or separated from the service and it was found later
on that he is innocent, he is entitled to reinstatement and to prompt payment of his salary, allowances, and
other benefits withheld from him by reason of such suspension or separation.

PO3 Jayson Felix was charged before the court with a criminal case when he killed a bystander. Is there an
instance when a court may immediately suspend the accused PO3 Jayson Felix from office?

Yes, upon the filing of a complaint or information sufficient in form and substance, before the courts,
against a member of the member of the PNP for grave felonies where the penalty imposed by law is
imprisonment for six (6) years and one (1) day or more, the court shall immediately suspended the accused
from office for a period not exceeding ninety (90) days from arraignment.

However, if it can be shown by evidence that the accused is harassing the complainant and/or
witnesses, the court may order the preventive suspension of the accused PNP member even if the charge is
punishable by a penalty of imprisonment for lower than six (6) years and one (1) day.

Take note: In other words, even courts may suspend a PNP member facing a criminal case.

PO3 Jayson Felix was found culpable of the charge but he failed to appeal so the decision became
final. As a consequence, there is already a decision of IAS dismissing him but his superior loves him very
much so he did not enforce the recommendation imposing the penalty of dismissal. What is the liability of
his superior who did not enforce the recommendation of IAS?
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 The superior of PO3 Jayson Felix who field to act or who acted with abuse of discretion on the
recommendation of IAS shall be made liable for gross neglect of duty. The case of erring disciplinary
authority shall be submitted to the Director General for proper disposition.

Take note: Recommendation of IAS for the imposition of disciplinary measures against erring PNP
personnel, once final, cannot be revised, set-aside, or unduly delayed by any disciplining authority without
just cause.

The preceding questions deals with process of hearing administrative cases against erring policemen.
Is there an instance when a hearing in administrative cases against policemen is not necessary?

Yes, the National Police Commission, the PNP Chief, and PNP Regional Directors, after due notice and
summary hearings, may immediately remove or dismiss any respondent PNP member in any of the following
cases:

a. When the charge is serious and the evidence of guilt is strong;

b. When the respondent is a recidivist or has been repeatedly charge and there are reasonable
grounds to believed that he is guilty of the charges;
c. When the respondent is guilty of a serious offense involving conduct unbecoming of a police
officer; and
d. When any member or officer of the PNP who shall go on Absence Without Official Leave (AWOL)
for a continuous period of thirty (30) days or more.

In case of Absence Without Official Leave (AWOL) for a continuous period of thirty (30) days
or more, the PNP personnel shall be dismissed immediately from the service. His activities and
whereabouts during said period shall be investigated and if found to have a committed a crime,
he shall be prosecuted accordingly.

Take note: The Regional Directors and Acting Regional Directors of the National Police Commission are also
authorized to exercise summary dismissal powers over members of the PNP in their respective regions under
any of the above enumerated cases.

What is Absence Without Official Leave (AWOL) and when can a policeman be considered absent without
official leave?

In general, Absence Without Official Leave (AWOL) is the status of any official or employee who
absents himself from work without approved leave of absence. As applied to the commissioned and non-
commissioned officers of the Philippine National Police (PNP), it shall encompass but not limited to the
following:

a. Absence from place of work or assignment without approved vacation leave;

b. Failure to report for duly after the expiration of approved leave of absence;
c. Failure to give notice to his immediate superior officer of the fact if his inability to report for work
on account of sickness or injury;
d. Failure to file appropriate application for sick leave after his return for work attaching therewith
the required medical certificate;
e. Abandonment of work or assignment without prior approval of his immediate superior officer;
and
f. Failure to report to his new assignment/unit within three (3) days from receipt of the order of
reassignment or for reporting to a unit where he is not officially assigned.

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When shall a complaint by a natural or judicial person against any member of the PNP be brought to the
Chief of Police, to the Mayors, or to the PLEB?

Any complaint by a natural or judicial person against any member of the PNP shall be brought before
the following:

a. Chief of Police, when the offense is punishable by withholding of privileges, restriction to special
limits, suspension of forfeiture of salary, or any combination thereof, for a period not exceeding
fifteen (15) days;
b. Mayors of cities and municipalities, when 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; and
c. People’s Law Enforcement Board, when the offense is punishable by holding 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.

Who shall hear cases involving internal discipline of erring policemen?

In dealing with minor offences involving internal discipline found to have been committed by any
regular member of their respective commands, the duly designated supervisors and equivalent officers of
the PNP shall, after due notice and summary hearing, exercise disciplinary powers as follows:

a. Chief of Police or Equivalent Supervisors may summarily impose the administrative punishment of
demotion or reprimand, restriction to specified limits, withholding of privileges, forfeiture of salary
or suspension, or any of the combination of the foregoing where the total period shall not exceed
fifteen (15) days;
b. Provincial Directors or Equivalent Supervisors may summarily impose the administrative punishment
of demotion or reprimand, restrictive custody, withholding of privileges, forfeiture of salary or
suspension, or any of the combination of the foregoing where the total period shall not exceed thirty
(30) days;
c. Police Regional Directors or Equivalent Supervisors shall have the power to impose upon any member
the disciplinary punishment of dismissal from the service. He may also impose the administrative
punishment of demotion or reprimand, restrictive custody, withholding of privileges, suspension or
forfeiture of salary, demotion, or any of the combination of the foregoing where the total period shall
not exceed sixty (60) days;
d. The Chief of the PNP shall have the power to impose the disciplinary punishment of dismissal from
the service, suspension or forfeiture of salary, demotion, or any of the combination thereof for a
period not exceeding one hundred eighty (80) days. The chief PNP shall have the authority to place
police personnel under restrictive custody during the pendency of the grave administrative filed
against him or even after the filing of a criminal complaint, grave in nature, against such police
personnel.

Take note: The phrase “minor offense” shall refer to acts or omissions not involving moral turpitude,
but affecting the internal discipline of the PNP. They shall include but not limited to the following:

• Simple misconduct or negligence;

• Insubordination;
• Frequent absences and tardiness;
• Habitual drunkenness; and
• Gambling prohibited by law.

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 It must also be stressed that the phrase “equivalent supervisors” refers to PNP Commissioned
Officers occupying positions/designations equivalent to that of Chief of Police, Provincial Director,
and Regional Director who are vested with disciplinary authority over personnel of their respective
offices, charged with minor offenses.

The following are the Equivalent Supervisors:

Position Equivalent Supervisors

OIC, Municipal Police Station
OIC, Component CityPolice Station
Chief of Police Chief, Police Precinct of Highly Urbanized City
Chief, Provincial Mobile Group
Chief NCR Police Station
Director, City Police Office of Highly Urbanized City
Director, Regional Mobile Group
ProvincialDirector Chief,Regional Office Administrative Support Unit
Chief,Regional Office OperationalSupport Unit
Chief, Traffic Enforcement Group, NCRPO
Director, National Office Administrative Support Unit
RegionalPolice Director Director, National Office OperationalSupport Unit
Director, NCR District Police Office

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

The PLEB shall be the central receiving entity for any citizen’s complaint against the officers and
members of the PNP. It shall take cognizance of or refer the complaint to the proper disciplinary or
adjudicatory authority within three (3) days upon the filing of the complaint.

The Sangguniang Panglungsod/Bayan in every city and municipality shall create such number of
People’s Law Enforcement Board (PLEBs) as may be necessary but there shall be at least one (1) PLEB for
every five hundred (500) city or municipality police personnel and for each of the legislative districts in a
city.

Take note: “Citizen’s complaint” is defined as a formal charge initiated by a natural or juridical person or
his/its duly authorized representative or guardian or account of an injury, damage, or disturbance sustained
as a result of an irregular or illegal act or omission of a PNP member.

State the composition of PLEB:

The PLEB shall be composed of the following:

a. Any member of the Sangguniang Panglungsod/Bayan chosen by his representative sanggunian;

b. Any Baranggay Captain of the city or municipality concerned chosen by the Association of Barangay
Captains; and
c. Three (3) other members who are removable only for cause to be chosen by the Local Peace and
Order Council from among the respected members of the community known to their probity and
integrity. One (1) of said three (3) members mut be woman and another a member of the Bar, or,
in the absence thereof, a college graduate, or the principal of central elementary school in the locality.

How shall Sangguniang Panlungsod/Bayan organize a PLEB within its jurisdiction?

The Sangguniang Panglungsod/Bayan shall pass a resolution formally organizing the members of the
PLEB and a copy thereof shall immediately be submitted to the City/Municipal Mayor who shall, within five
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(5) days from receipt of the same issue the appropriate executive order adopting the resolution of the
sanggunian concerned. A copy of the said Executive Order shall be given to the NAPOLCOM Regional Office
within ten (10) days issuance.

Take note: Membership in the PLEB is a civic duty. However, PLEB members shall be paid per diem and
shall be provided with life insurance coverage as may be determined by the city or municipal council from
city or municipal funds. The DILG shall provide for the per diem and insurance coverage of PLEB members
in certain low income municipalities.

In addition, the members of the PLEB are considered persons in authority under the Revised Penal
Code.

The annual budget of the Local Government Units (LGU) shall include an item and the corresponding
appropriation for the maintenance and operation of their local PLEBs.

How shall the chairman of the PLEB be elected and what is the term of his office?

The Chairman of PLEB shall be elected from among its members. The term of the office of the
members of the PLEB shall be from a period of three (3) years from assumption of office. Such member
shall hold office until his successor shall have been chosen and qualified.

On the other hand, the tenure of the office of a PLEB member who has been designated as such by
virtue of his election to the Sangguniang Panglungsod/Bayan or his membership with the Association of
Barangay Captain (ABC) ends upon the expiration of his term of office as Sangguniang Panglungsod/Bayan
member or as Barangay Chairman. If re-elected, and subsequently re-designated to the PLEB, he must take
a new oath of office.

What is the power and function of PLEB?

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

When can there be quorum in PLEB meetings?

The presence of three (3) members of the PLEB shall constitute a quorum provided, however, that a
vote of at least three members shall be required in rendering a decision.

If for any reason, the Chairperson is absent or its disqualified from participating in a hearing, the
members there being a quorum, shall elected from among themselves a temporary chairperson to perform
the duties of a Chairperson. When a PLEB member, after sufficient notice, fails or refuses to attend the
hearings and/or deliberations of the board without any valid and justifiable reason and it could not proceed
for lack of quorum, the Chairperson or the designated presiding officer may request the Sangguniang
Panglungsod/Bayan or the Liga ng mga Barangay or the City/Municipal Peace and Order Council, as the case
may be, to designate a temporary representative to enable the body to constitute a quorum but such
temporary representative shall act as such only for that specific case.

It is stated above that the chairperson (or member) may be disqualified from participating in a hearing.
What is the ground of the said disqualification?

The Chairperson or any member of the PLEB who is related to the complaint or respondent by affinity
or consanguinity within the fourth civil degree shall be disqualified from participating in the proceeding and
the case shall be tried by the remaining members if there is still a quorum.

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When may PLEB ask any authorized superior to impose preventive suspension against his subordinate police
officer who is the subject of a complaint?

The PLEB ask any authorized superior to impose preventive suspension against his subordinate police
officer who is the subject of a complaint lasting up to a period as may be allowed under the law. A request
for preventive suspension shall not be denied by the superior officer in the following cases:

a. When the respondent refuses to head the PLEB’s summons or subpoena;

b. When the PNP personnel have been charge with offenses involving bodily harm or grave threats;
c. When the respondent is in the position to tamper with evidence; and
d. When the respondent is in the position to unduly influence the witnesses.

Take note: “Preventive suspension” is defined as the act of suspending a public officer wile a case against
him is being heard. The purpose of which is for the public officer not to take advantage of his position in
harassing the complaint and his witnesses and for the complainant to fully present his case without fear
from the respondent.

It must be stressed that any superior officer who fails to act on any request for suspension without
valid grounds shall be held administratively liable for serious neglect of duty.

What are the imposable penalties in an administrative case against policemen?

The imposable penalties in an administrative case against policemen are the following:

a. Suspension;
b. Demotion or not more than one (1) rank or forced resignation; and
c. Dismissal.

State the schedule of penalties:

The penalties of light, less-grave, and grave offenses shall be determined in accordance with the
following schedules:

a. Light offenses;
• Minimum period = one (1) to ten (10) days suspension;
• Medium period = eleven (11) to twenty (20) days suspension; and
• Maximum period = twenty-one (21) to thirty (30) days suspension.
b. Less-grave offenses; and
• Minimum period = thirty-one (31) to forty-five (45) days suspension;
• Medium period = forty-six (46) to sixty (60) days suspension; and
• Maximum period = sixty-one (61) to ninety (90) days suspension.
c. Grave offenses.
• Minimum period = ninety-one (91) to one hundred eighty (180) days suspension;
• Medium period = Demotion/Forced resignation; and
• Maximum period = Dismissal.

State the mitigating and aggravating circumstances that may be considered in determining the penalty of
the respondent PNP personnel:

In determining the penalty to be imposed, mitigating and aggravating circumstances attendant to

the commission of the offense shall be considered and they are the following:

63
 a. Mitigating circumstances; and
• Physical illness;
• Good faith;
• Length of service in the government; and
• Analogous circumstances.

Take note: “Mitigating circumstances” are those which, if present in the commission of
the crime, do not entirely free the actor from criminal liability, but serve only to reduce
the penalty.

b. Aggravating circumstances.
• Taking advantage of official position;
• Taking undue advantage of subordinate;
• Undue disclosure of confidential information;
• Use of government property in commission of the crime;
• Habituality;
• Offense is committed during office hours and/or within the premises of the working
office or building;
• Analogous circumstances.

Take note: “Aggravating circumstances” are those which, if attendant in the commission
of a crime, serve to increase the penalty, without, however exceeding the maximum of
penalty provided by law for the offense.

What are the effects of dismissal from the service of a police officer?

The dismissal from the service of a police officer shall result to the following:

a. The cancelation of eligibility, retirement benefits, and disqualification for reemployment in the
police service; and

Take note: A police officer who is dismissed from the service is still entitled to his terminal
leave credits.

“Terminal leave credits” represent the cash value of the accumulated leave credits
which should not be treated as compensation for services rendered.

b. The confiscation of his service firearms and other paraphernalia by the Chief of Police where
he was assigned or by his immediate commander tasked to implement the order.

Take note: With respect to suspension from service of a police officer, it is also mandatory
for his service firearms and other paraphernalia to be confiscated during the time of
suspension.

What are the effects of non-confiscation of the service firearms and other paraphernalia by the Chief of
Police or by the immediate commander tasked to implement the order of dismissal or suspension of a police
officer?

The non-confiscation of the service firearms and other paraphernalia by the Chief of Police or by the
immediate commander tasked to implement the order of dismissal or suspension of a police officer shall
result to the following:

a. The Chief of Police or commander shall be accountable for neglect of duty; and
64
 b. The Chief of Police or commander, along with the respondent or accused PNP member,
shall be held jointly liable for the payment of the value of the lost property.

SPO2 Mark Santos has been relieve due to an administrative case and has not been given an assignment
within two (2) years after such relief. He was subsequently found culpable (guilty) of the administrative
case filed against him. Is SPO2 Santos entitled to retirement/separation pay and other benefits?

No, SPO2 Santos is not entitled to retirement/separation pay and other benefits because there is a
just cause of removing him.

Take note: This is similar with the Labor Code which provides that the employees of a private sector who
were removed from employment due to a just cause (like commission of crimes) are not entitled to
separation/retirement pay and other benefits.

It must be stressed further that in any ordinary conversation, the term “culpable” is synonymous with the
word “guilty”. Technically, however, “culpable” is being used in administrative cases, while “guilty” is being
used in criminal cases.

Women’s and Children’s Desk

Ms. Maganda accused Mr. Malakas of acts of lasciviousness so she complained in a police station. What
section of police station that must entertain Ms. Maganda?

Ms. Maganda must be entertained by the Women’s Desk. Under the law, every police station thorough
the country must have a Women’s Desk to administer and attend cases involving crimes against chastity,
sexual harassment, abuses committed against women and children, and other similar offenses.

To comply with the program of establishing Women’s Desk in all police stations throughout the
country, the PNP shall prioritize the recruitment and training off women who shall serve in the Women’s
Desk. Pursuant to this requirement, the PNP shall serve (10%) of its annual recruitment, training, and
education quota for women.

In the preceding question, what if the only police woman assigned in the Woman’s Desk is absent?

If the only police woman assigned in the Women’s Desk is absent, it is the duty of the other police
officers assigned in that police station to assist Ms. Maganda to go to other police station that has a
policewoman in charge of the Women’s Desk.

Take note: In ordinary communication, the phrase “Women’s Desk” is the one being used. To be complete,
however, the proper must be “Women’s and Children’s Desk.”

In summary, what are the programs of the NAPOLCOM and PNP in relation to the Women’s and Children’s
Desk?

The programs of the NAPOLCOM and PNP in relation to the Women’s and Children’s Desk includes
the following:

a. Every police station throughout the country shall have a Women’s Desk;
b. In the annual recruitment and selection of applicants to the police service, at least ten percent
(10%) out of the total number of quota shall be allocated and filled in by women applicant;
c. The recruited policewomen are assigned to city/municipal police stations to assume the task
in the Women’s and Children’s Desk; and

65
 d. The recruited policewomen shall be required to undergo a specialized course in handling cases
involving women and children.

What are the programs of the NAPOLCOM and PNP for the benefit of policewomen?

The programs of the NAPOLCOM and PNP for the benefits of policewomen include the following:

a. The promotion system shall be gender fair and shall ensure that women members of the PNP
shall enjoy equal opportunity for promotion as that of men;
b. The assurance that women members of the PNP shall enjoy equal opportunity for professional
growth and career advancement;
c. The Association of Women Police shall be formed and accredited as an organization;
d. The introduction of Gender Sensitivity Program; and
e. The representation of at least one (1) woman Commissioner in the NAPOLCOM.

Take note: All of these programs were based on the policy of the State to recognize the role of
women in nation building and shall ensure the fundamental equality before the law of women and
men.

Gender Sensitivity Program Authority of the units in their jurisdiction

To ensure equal treatment between male and female members of the PNP, what shall the NAPOLCOM do?

The NAPOLCOM introduce and enforce a gender sensitivity program to include but not limited to the
establishment of equal opportunities for women in the PNP, the prevention of sexual harassment in the
workplace, and the probation of discrimination on the basis of gender sensitivity seminar or training.

Any personnel who shall violate the establishment rules and regulations regarding gender sensitivity
and gender equality shall be suspended without pay for not less than thirty (30) days and shall undergo
gender sensitivity seminar or training.

Violation of the rules by any personnel for more than twice shall be recommended for demotion or
dismissal from the PNP service.

Take note: In response with the mandate to introduce and enforce a gender sensitivity program, the
NAPOLCOM issued guidelines in establishing PNP Gender and Development (GAD) mechanism to ensure that
the GAD concerns of the PNP and its clientele are recognized and addressed.

It must be stressed further that the PNP GAD focal point shall be constituted at the national, regional, and
provincial levels including the equivalent offices of the latter, the district and highly urbanized city police
offices.

66
 Assessment Task No. 1

My Weekly Student Journal #1

Directions: Write a minimum of 300-word reflective essay on your based on your understanding about the
concept “Philippine National Police as premiere Law Enforcement Organization in the Country”. Write your
journal entry on the space provided below. You may also write your own title. Kindly refer to the Student
Journal Rubric in the succeeding page for you to know and understand what the instructor’s expectation for
the journal entry is and how you will be graded.

_________________________________
(Title)

67
 WEEKLY STUDENT JOURNAL RUBRIC

NOTE: This rubric will be rated by your Instructor only!

Exemplary Accomplished Developing Beginning Points

Content 20-16 15-11 10-6 5-1
Journal Journal Journal Journal lacks
demonstrates a demonstrates demonstrates critical thinking.
high degree of some degree of limited critical Superficial
critical thinking critical thinking in thinking in connections are
in applying, applying, applying, made with key
analyzing, and analyzing, and/or analyzing, and/or course concepts
evaluating key evaluating key evaluating key and course /20
course concepts course concepts course concepts materials,
and theories and theories from and theories from activities, and/or
from readings, readings, readings, assignments
lectures, media, lectures, media, lectures, media,
discussions discussions discussions,
activities, activities, and/or activities, and/or
and/or assignments. assignments.
assignments.
Personal 20-16 15-11 10-6 5-1
Growth Demonstrates Demonstrates Demonstrates Personal growth
significant satisfactory less than and awareness
personal growth personal growth adequate are not evident
and awareness and awareness personal growth and/or
of deeper through some and awareness demonstrates a
meaning inferences made, through few or neutral
through examples, simplistic experience with /20
inferences insights, and inferences made, negligible
made, challenges. examples, personal impact.
examples, well insights, and/or
developed challenges that
insights, and are not well
substantial developed.
depth in
perceptions and
challenges.
Writing 10-8 7-5 4-2 1
Quality Well written and Above average Average and/or Poor writing style
clearly writing style and casual writing lacking in
organized using logically style that is standard English,
standard organized using sometimes clarity, language
English, standard English unclear and/or used, and/or
characterized with minor errors with some errors frequent errors in
by elements of in grammar, in grammar, grammar, /10
a strong writing punctuation, punctuation, punctuation,
style and usage, and usage, and usage, and
basically free spelling. spelling spelling. Needs
from grammar, work.
punctuation,
usage, and
spelling errors.
Total Points /50
Rubric adapted from Denise Kreiger, Instructional Design/Technology Services, SC&I, Rutgers, 4/2014

68
 Assessment Task No. 2

Directions: Make a comparison chart that shows the difference between Republic Act No. 6975 and
Republic Act No. 8551. Write at least five differences in each law. You can do this activity in the space
provided below. Two (2) points for every correct answer.

69
 Assessment Task No. 3

Direction: Make a schematic diagram that shows the transition of policing system in international setting.
Do this activity in the space provided below. Kindly refer to the Rubric in the succeeding page for you to
know and understand what the instructor’s expectation for this activity and how you will be graded.

70
 SCHEMATIC DIAGRAM MAKING RUBRIC

NOTE: This rubric will be rated by your Instructor only!

Exemplary Accomplished Developing Beginning Points

Content 10-8 7-5 4-2 1
All of the There are one There are three There are five
procedures have or two or four or more
been shown at procedures that procedures that procedures that /10
the diagram. have not been have not been have not been
shown at the shown at the shown at the
diagram. diagram. diagram.

Lay-out and 10-8 7-5 4-2 1

Organization Diagram is well- Diagram is Diagram lacks a There is no
designed, neatly designed logical and evidence of
logically and logically visual flow of planned design
organized and organized. ideas, is or organization /10
graphically disorganized of ideas in the
pleasing and and is difficult diagram. Work
demonstrates to interpret. is not
attention to presentable.
detail.

Mechanics 10-8 7-5 4-2 1

Diagram contains The diagram The diagram The diagram
no mechanical or has few contains several has a
grammatical mechanical or mechanical significant /10
error. grammatical errors that number of
errors. detract from the errors that
content. make the
document
difficult to read.

Total Points /30

71
 Lesson 2

OTHER LAW ENFORCEMENT ORGANIZATIONS

(Bureau of Fire Protection,
National Bureau of Investigation
and Philippine Coast Guards)

Google Image

At the end of the lesson, the student should be able to:

1. Identify the general functions and the laws that creates the Bureau of Fire Protections, National
Bureau of Investigation and Philippine Coast Guard;
2. Explain the importance of this law enforcement organizations in our society;
3. Differentiate RA 6975 and RA 9263 which are the laws that governs the Bureau of Fire
Protection.

72
 College COLLEGE OF CRIMINAL JUSTICE EDUCATION (CCJE)
Program CRIMINOLOGY
Course Code LEA 211
Course Title LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION
Credit Unit 3
Lesson 2 Week 2

Other Law Enforcement Organizations (Bureau of Fire Protection, National

Module Topic
Bureau of Investigation and Philippine Coast Guard)

At the end of the lesson, the student should be able to:

1. Identify the general functions and the laws that creates the Bureau of Fire
Intended Learning
Protections, National Bureau of Investigation and Philippine Coast Guard;
Outcomes
2. Explain the importance of this law enforcement organizations in our society;
3. Differentiate RA 6975 and RA 9263 which are the laws that governs the Bureau of
Fire Protection.

Number of Hours 13.5 Hours (12 hours Self-directed learning and 1.5 hours Assessment Tasks)

1. What is the significance of studying these law enforcement organizations as a

criminology student?
Study Questions
2. What are the laws that govern these different law enforcement organizations?
3. How these different law enforcement agencies do works in our society?
Required Suggested
Lesson 2. Course Module on Law
Enforcement Organizations and
Administration.
Learning Resources College of Criminal Justice
Education. University of the Visayas

1. Student shall study and learn Lesson 2 on Other Law Enforcement Organization
(Bureau of Fire Protections, National Bureau of Investigation and Philippine Coast
Guard). Student may refer to the suggested and other recommended learning
materials indicated in this Course Study Guide as additional reading resources.
Learning Activity 2. While studying and learning the topics in Lesson 2, the student can now start writing
entry two of the Weekly Student Journal based from the given concept “The
Importance of Law Enforcement Organizations: Bureau of Fire Protection, National
Bureau of Investigation and Philippine Coast Guard in our Society”
3. After studying and learning the topics in Lesson 2, the student shall answer
Assessment Task 5 (National Bureau of Investigation) and Task 6 (RA 6975 and RA
9263).

1. Student Journal Entry 2

Required Output 2. Short Paper Discussion
3. Comparison Chart

1. Weekly Student Journal

Assessment Tasks 2. Activity on National Bureau of Investigation
3. Activity on RA 6975 and RA 9263

73
 1. Student Journal Rubric
Assessment Tool 2. Short Paper Discussion

Target Competency Conduct criminological research and further studies;

Prepared by: Reviewed by: Approved for Use:

RINNA MARIE C. DELA PEÑA GERUNCIO C. CMPOMANES, PhD LIMUEL J. ABELGAS, Dev.Ed.D. DONALD B. NARRA, PhD
Faculty Dean, CCJE UV-Toledo City Campus Chairman, CCJE Advisory Council Dean
Date: Date: Date:
Revision #002

74
Bureau of Fire Protection
The Bureau of Fire Protection (Filipino: Kawanihan ng Pagtatanggol sa Sunog) is the government fire
service of the Philippines. It is under the jurisdiction of the Department of the Interior and Local
Government.

Vision

A modern fire protection agency working towards a safe and progressive society.

Mission

To prevent and suppress destructive fires, investigate its causes, provide emergency medical and rescue
services, and enforce other fire related laws with active involvement of the community.

Functions and duties

4. Prevention and extinguishing all destructive fires;

5. Enforcing the Fire Code of the Philippines (PD 1185) and related laws;
6. Investigate the causes of fires and if necessary, file a complaint to the city or provincial prosecutor
relating to the case;
7. In events of national emergency, will assist the military on the orders of the President of the
Philippines;
8. Establish at least one fire station with all personnel and equipment per municipality and provincial
capital.

History
The Bureau of Fire Protection was formed from the units of the Philippine Integrated National Police's
Office of Fire Protection Service on January 29, 1991, through a law named Republic Act 6975 creating the
present Interior Department and placing the fire service under its control.

Organization
The bureau has a National Headquarters, a Special Rescue/HAZMAT Unit, an Emergency Medical Services,
a Special Operations Unit, an Arson Investigation Unit, the Fire Law Enforcement Service, and the Fire
National Training Institute.

Each Region has its own BFP fire region, headed by a person with the rank of Fire Chief Superintendent
(Fire Brigadier General) or Fire Senior Superintendent (Fire Colonel).

Laws that Creates the Bureau of Fire Protection

Republic Act No. 6975

Section 53. Composition. The Bureau of Fire Protection, hereinafter referred to as the Fire Bureau, is
hereby created initially consisting of the existing officers and uniformed members of the fire service of the
Integrated National Police as constituted under Presidential Decree No.

75
Section 54. Powers and Functions. The Fire Bureau shall be responsible for the prevention and
suppression of all destructive fires on buildings, houses and other structures, forest, land transportation
vehicles and equipment, ships or vessels docked at piers or wharves or anchored in major seaports,
petroleum industry installations, plane crashes and other similar incidents, as well as the enforcement of
the Fire Code and other related laws.

The Fire Bureau shall have the power to investigate all causes of fires and, if necessary, file the proper
complaints with the city or provincial prosecutor who has jurisdiction over the case.

Section 55. Organization. The Fire Bureau shall be headed by a chief who shall be assisted by a deputy
chief. It shall be composed of provincial offices, district offices and city or municipal stations.
At the provincial level, there shall be an office of the provincial fire marshall which shall implement the
policies, plans and programs of the Department; and monitor, evaluate and coordinate the operations and
activities of the fire service operating units at the city and municipal levels. In the case of large provinces,
district offices may be established, to be headed by a district fire marshall.

At the city or municipal level, there shall be a fire station, each headed by a city or municipal fire
marshall: Provided, That, in the case of large cities and municipalities, a district office with subordinate
fire stations headed by a district fire marshall may be organized as necessary.

The Fire Chief shall recommend to the Secretary the organizational structure and staffing pattern, as well
as the disciplinary machinery for officers and men of the Bureau, in accordance with the guidelines set
forth herein and as provided in Section 85 of this Act.

The local government units at the city and municipal levels shall be responsible for the fire protection and
various emergency services such as rescue and evacuation of injured people at fire-related incidents and,
in general, all fire prevention and suppression measures to secure the safety of life and property of the
citizenry.

Section 56. Establishment of Fire Station. There shall be established at least one (1) fire station with
adequate personnel, firefighting facilities and equipment in every provincial capital, city and municipality
subject to the standards, rules and regulations as may be promulgated by the Department. The local
government unit shall, however, provide the necessary and or site of the station.

Section 57. Qualification Standards. The qualification standards of the members of the Fire Bureau
shall be as prescribed by the Department based on the requirement of the service.

Section 58. Rank Classification. For purposes of efficient administration, supervision and control, the
rank classification of the members of the Fire Bureau shall be as follows:

Bureau of Fire Protection (BFP)

Fire Director (FDIR)

Fire Chief Superintendent (FCSUPT)
Fire Senior Superintendent (FSSUPT)
Fire Superintendent (FSUPT)
Fire Chief Inspector (FCINSP)
Fire Senior Inspector (FSINSP)
Fire Inspector (FINSP)

76
 Senior Fire Officer IV (SFO4)
Senior Fire Officer III (SFO3)
Senior Fire Officer II (SPO2)
Senior Fire Officer I (SFO1)
Fire Officer III (FO3)
Fire Officer II (FO2)
Fire Officer I (FO1)

Section 59. Key Positions. The head of the Fire Bureau with the rank of director shall have the position
title of Chief of the Fire Bureau. He shall be assisted by a deputy chief with the rank of chief
superintendent.

The assistant heads of the Department's regional offices with the rank of senior superintendent shall
assume the position title of Assistant Regional Director for Fire Protection as provided in Section 11 of this
Act; the heads of the NCR district offices with the rank of senior superintendent shall have the position
title of District Fire Marshall; the heads of the provincial offices with the rank of superintendent shall be
known as Provincial Fire Marshall; the heads of the district offices with the rank of chief inspector shall
have the position title of District Fire Marshall; and the heads of the municipal or city stations with the
rank of senior inspector shall be known as Chief of Municipal/City Fire Station.

Overview of R.A. 9263

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

The policies of the State in enacting Republic Act 9263 are the following:

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

Each of the BFP and the BJMP shall have the following organization:

a. National Office
• First officer in command =The Chief with a rank of Director. The chief of BFP shall be known as
Chief of the Fire Bureau and the chief of BJMP shall be known as Chief of the Jail Bureau. They

77
 shall serve a tour of duty not to exceed four (4) years. However, that in times of war or other
national emergency declared by Congress, the President may extend such tour of duty.
• Second officer in command = Deputy Chief for Administration with a rank of Chief Superintendent.
He shall have the position title of Deputy Chief for Administration of the Fire Bureau and Deputy
Chief for Administration of the Jail Bureau.
• Third officer in command =Deputy Chief for Operation with a rank of Chief Superintendent. He
shall have the position title of Deputy Chief for Operation of the Fire Bureau and Deputy Chief for
Operation of the Jail Bureau.
• Fourth officer in command =Chief of Directorial Staff with a rank of Chief Superintendent. He shall
have a title of Chief of Directorial Staff of the BFP and Chief of Directorial Staff of the BJMP, who
shall be assisted by the directors of the directorates in the respective national headquarters office
with at least the rank of Senior Superintendent.

b. Regional Office

The regional offices are to be maintained in each of the administrative regions of the country which
shall be respectively headed by a Regional Director for Fire Protection and a Regional Director of Jail
Management and Penology with the rank of Senior Superintendent.

The Regional Director of BFP or BJMP shall be assisted by the following officers with the rank of
Superintendent:

• Assistant Regional Director for Administration;

• Assistant Regional Director for Operation; and
• Regional Chief of Directorial Staff

What are the minimum requirements for entering the BFP and the BJMP?

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

a. A citizen of the Republic of the Philippines;

b. A person of good moral character;
c. Must have passed the psychiatric/psychological, drug and physical test for the purpose of determining
his/her physical and mental health;
d. Must possess a baccalaureate degree from recognized institution of learning;
e. Must possess the appropriate civil service eligibility;
f. Must not have been dishonorably discharge or dismissed for a cause from a previous employment;
g. Must have been convicted by final judgment of an offense or crime involving moral turpitude;
h. Must not be less than 21 or more than 30 years of age.
i. 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. A waiver for height and age requirement shall be
automatically granted to applicants belonging to the cultural communities; and
j. Must weight not more or less than five kilograms (5 kgs.) from the standard weight corresponding
to his/her height, age and sex;

Take note: The minimum requirements in entering the Bureau of Fire Protection (BFP) and Bureau of
Jail Management and Penology (BJMP) are the same with those of the Philippine National Police (PNP).

There is only one substantial distinction between the age requirement in entering the PNP and that
of the BFP/BJMP. Said substantial distinction is in case the applicant to the BFP or BJMP was previously
with government service, the age difference when the number of years in the government service is
78
 subtracted from his or her actual age. At the time of appointment, however, his or her age must not
exceed 40 years and his separation from the government service was not for a cause.

Powers and Functions of Bureau of Fire Protection (BFP)

The Fire bureau’s shall have the following powers and functions:

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

National Bureau of Investigation

National Bureau of Investigation is a highly trained investigative body that is functionally integrated
and national in scope. This was created under RA 157 and Reorganized and Modernized under RA 10867.
NBI is under the Department of Justice, headed by a Director that is appointed by the President with the
rank, salary and privileges of that of Undersecretary. He is assisted by 2 Deputy Directors, one for
Administration and another for Operations and an Assistant Director for each of the following7 services:

1. Investigation Service
2. Intelligence Service
3. Human Resource and Management Service
4. Comptroller Service
5. Forensic and Scientific Research Service
6. Legal Service
7. Information and Communications Technology Service

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 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 Philippines Bar who has been engaged in the practice of law for at least 10
years for Deputy Director and for at least 5 years for the Regional Director.

HISTORY

The Division of Investigation (DI), later renamed the National Bureau of Investigation, came into existence
on June 19, 1947, the date Republic Act 157 was approved. Its history goes back to November 13, 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.

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

79
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 Commonwealth President Manuel L. Quezon and the then–Secretary of Justice
José 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 and more than 3,000 applied for the initial
48 positions of NBI Agents. Physical and medical examinations were conducted by doctors from 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. After further screening, 48 were certified for
employment and of these successful candidates, only 45 actually accepted appointments as Agents.

The DI was then formally organized in 1937 and was composed of 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 it’s 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 José P. Laurel. During the Laurel administration, the DI was merged with the Secret Service
Division of the Metropolitan Constabulary (Manila Police Department or MPD) and the Intelligence Unit of
the Japanese-run Philippine Constabulary.

Upon the liberation of the Philippines by combined Filipino and American forces in 1945, the DI was not
immediately reorganized since most of its original members were seconded in the service of the United
States Army Counterintelligence Corps (CIC). After the surrender of Japan in August 1945, the DI was
reactivated and the original members were called back to the service. The reactivated DI started with no
records or equipment, most of which had been 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 effectively combating
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 June 19, 1947, which renamed DI to the Bureau of
Investigation (BI). In October 4, 1947, R.A. 157 was amended by Executive Order No. 94 was amended to
change the name from BI to the National Bureau of Investigation.

Sec. 8. Qualifications of NBI Agents. The minimum qualifications of NBI agents are the following:

80
 a. Citizen of the Philippines
b. Of good moral character
c. A member of the Philippine Bar or a holder of a Baccalaureate Degree who passed the necessary
government licensure examination relevant to the investigative functions of the NBI.
d. Successfully passed the competitive mental and physical examinations required by the NBI.

Sec. 9. Powers and Functions of Agents. The agents of the NBI shall have the following powers and
functions:

a. Undertake investigations pursuant to the mandate of the NBI;

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

The National Bureau of Investigation has the following powers and functions.

Sec. 4. Powers and Functions. 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;
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 crime 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 function;
l. Enter into any contract and 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

81
 fingerprint database, as well as dental records pursuant to Presidential Decree 1575, entitled
“Requiring Practitioners of Dentistry to Keep Records of their Parents”;
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.

Sec. 5. Jurisdiction. The NBI shall have primary jurisdiction to undertake investigations in the following
cases:

a. Human trafficking cases in all airports in the Philippines;

b. Extrajudicial/Extra-legal killings committed by the State’s security forces against media practitioners
and activists;
c. Killings of justices and judges;
d. Violation of RA 10175, otherwise known as the “Cybercrime Prevention Act”;
e. Cases referred by the Inter-Agency Anti-Graft Coordinating Council (IAGCC);
f. Violations of the Anti-Dummy Law;
g. Cases involving threats to security or assaults against the persons of the President, Vice President,
Senate President, Speaker of the House of the Representatives, and Chief Justice of the Supreme
Court;
h. Transnational crimes pursuant to existing international agreements;
i. Identification of the dead/victims in case of mass fatality incidents caused by natural disasters; and
j. Violations of commercial, economic and financial or white-collar crimes such as, but not limited to,
those punishable under RA 8792, otherwise known as “E-Commerce Act of 2000”; RA No. 8484,
otherwise known as “Access Devices Regulations Act of 1998”; RA No.8293, otherwise known as
“Intellectual Property Code of the Philippines”; RA No. 8799, otherwise known as “Securities
Regulation Code”; PD No. 1689, otherwise known as “Decree Increasing the Penalty for Certain Forms
of Estafa,” and other similar penal statutes that may be enacted by Congress.

Provided, however, that the President or the Secretary of Justice may direct the NBI to undertake
the investigation of any crime when public interest so requires.

Once the NBI takes cognizance of any of the aforementioned cases, the PNP and other law
enforcement agencies/investigative entities shall collaborate with and render assistance to the NBI. In
cases where jurisdiction is vested exclusively and/or primarily with the PNP or other law enforcement
agency/investigating agency, the NBI shall collaborate with and render assistance to the same.

Philippine Coast Guard

The Philippine Coast Guard is the country’s vanguard against the entry of the unsafe foreign vessels
into the country through its Port State Control (PSC). This agency is an armed and uniformed service
attached to Department of Transportation and Communications (DOTC). Provided, that in times of war, as
declared by Congress, the PCG or parts thereof, shall be attached to the Department of National Defense.
At present, the Philippine Coast Guard has seven PSC Centers and 15 PSC Divisions all throughout the
archipelago. The PSC Center in Manila has the bulk all inspections based on the frequency of foreign of
foreign ship calls.

Philippine Coast Guard was originally created by RA 5173 and was repealed by RA 9993, also known
as “Philippine Coast Guard Law of 2009”.

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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."

Sec. 3. Powers and Functions. The PCG shall have the following powers and functions:

a. To enforce regulations in accordance with all relevant maritime international conventions, treaties or
instruments and national laws for the promotion of safety of life and property at sea within the
maritime jurisdiction of the Philippines and conduct port state control implementation;
b. To conduct inspections on all merchant ships and vessels, including but shall not limited to inspections
prior to departure, to ensure and enforce compliance with safety standards, rules and regulations;
c. To detain, stop or prevent a ship or vessel which does not comply with safety standards, rules and
regulations from sailing or leaving port;
d. To conduct emergency readiness evaluation on merchant marine vessels;
e. Subject to the approval of the Secretary of the DOTC, to issue and enforce rules and regulations for
the promotion of safety of life and property at sea on all maritime-related activities;
f. To coordinate, develop, establish, maintain and operate aids to navigation, vessel traffic system,
maritime communications and search and rescue facilities within the maritime jurisdiction of the
Philippines;
g. To remove, destroy or tow to port, sunken or floating hazards to navigation, including illegal fish
traps and vessels, at or close to sea lanes which may be cause hazard to the marine environment;
h. To issue permits for the salvage operations, as well as prescribe and enforce rules and regulations
governing the same;
i. To render aid to persons and vessels in distress and conduct search and rescue in marine accidents
within the maritime jurisdiction of the Philippines, including the high seas, in accordance with
applicable international conventions. In the performance of this function, the PCG may enlist the
services of other government agencies and the merchant marine fleet;
j. To investigate and inquire into the causes of all maritime accidents involving death, casualties and
damage to properties;
k. To assist in the enforcement and maintenance of maritime security, prevention or suppression of
terrorism at the sea, and performance of law enforcement functions in accordance with pertinent
laws, rules and regulations;
l. To assist in the enforcement of laws in fisheries, immigration, tariff and customs, forestry, firearms
and explosives, human trafficking, dangerous and controlled chemicals, transnational crimes and
other applicable laws within the maritime jurisdiction of the Philippines;
m. To board and inspect all types of merchant ships and watercrafts in the performance of its functions;

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 n. To enforce laws and promulgate and administer rules and regulations for the protection of marine
environment and resources from offshore sources of pollution within the maritime jurisdiction of the
Philippines;
o. To develop ill spill response, containment and recovery capabilities against ship-based pollution;
p. To grant, within its capabilities and consistent with its mandate, requests for assistance of other
government agencies in the performance of their functions;
q. To organize, train, supervise the PCG Auxiliary (PCGA) for the purpose of assisting the PCG in carrying
out its mandated functions; and
r. To perform such other functions that may be necessary in the attainment of the objectives of this
Act.

Sec. 5. The PCG Commandant. The PCG shall be headed by a commandant who shall carry a rank of the
Coast Guard Admiral. Provided that he shall be appointed by the President among the Flag Officers in the
Coast Guard service. He shall hold a command-at-sea badge and must have served as a District Commander
of the PCG. The Commandant shall have a maximum term of three (3) years. A commandant who has
served for three (3) years prior to his compulsory retirement shall be considered as retired and entitled to
all the benefits available to Coast Guard officer as if he is compulsorily retired.

Sec. 6. Organization. The PCG shall consist of the following categories of officers and employees:

a. PCG officers
b. PCG non-officers
c. PCG non-uniformed personnel
d. Probationary ensign; and
e. Cadets and Cadettes

Sec. 9. Maximum Tenure in Rank. The maximum tenure of officers in the ranks of Captain and Flag
Officer in the PCG are hereby prescribed as follows:

Rank Maximum Tenure in Rank

Coast Guard Admiral Three (3) years
Coast Guard Vice Admiral Three (3) years
Coast Guard Rear Admiral Three (3) years
Coast Guard Commodore Five (5) years
Coast Guard Captain Seven (7) years

Unless earlier separated, retired or promoted to the next higher rank or occupying a position calling for the
higher rank in the PCG table of organization, Captains and Flag Officers shall be compulsorily retied upon
the attainment of the maximum tenure in rank herein prescribed, or upon reaching the age of compulsory
retirement whichever comes earlier. Provided that officers already holding these ranks upon the approval of
this Act may be allowed one year more of tenure in rank before the maximum tenure provided in this section
shall be applied to them, unless they shall have already reached the compulsory retirement age under
existing laws, in which case the compulsory retirement age shall prevail.

Sec. 10. Maximum Tenure in Position. Officers holding the following key positions are hereby limited to
a maximum tenure of 3 years, unless otherwise earlier relieved by competent authority or compulsorily
retired under existing laws:

Coast Guard Commandant

Coast Guard Deputy Commandant

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And Coast Guard District Commander,

Provided that except for the Commandant, no other officer’ shall be assigned/designated to the
aforementioned key positions or promoted to the rank of Commodore or higher if he has less than one year
of active service remaining prior to compulsory retirement.

Sec.12. Appointments. Appointments of PCG officers, which shall be in the initial rank of Coast Guard
Ensign, shall be made by the Secretary of the DOTC upon the recommendation of the PCG Commandant.
The initial appointment ranks of chaplains, dentists, lawyers, medical doctors and veterinarians shall be
Coast Guard Lieutenant.

No person shall be appointed as an officer of the PCG unless he is a natural born citizen of the
Philippines, at least 21 years of age at the date of appointment, physically fit and is a baccalaureate degree
holder. The appointment of the PCG Commandant and Flag Officers shall be approved by the President upon
the recommendation of the Secretary of the DOTC. Appointments of all non-uniformed personnel shall e in
accordance with the Civil Service laws, rules and regulations.

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 Assessment Task No. 4

My Weekly Student Journal #2

Directions: Write a minimum of 300-word reflective essay about the concept “The Importance of Law
Enforcement Organizations: Bureau of Fire Protection, National Bureau of Investigation and Philippine Coast
Guard in our Society”. Write your journal entry on the space provided below. Kindly refer to the Student
Journal Rubric in the succeeding page for you to know and understand what the instructor’s expectation for
the journal entry and how you will be graded.

_________________________________
(Title)

86
 WEEKLY STUDENT JOURNAL RUBRIC

NOTE: This rubric will be rated by your Instructor only!

Exemplary Accomplished Developing Beginning Points

Content 20-16 15-11 10-6 5-1
Journal Journal Journal Journal lacks
demonstrates a demonstrates demonstrates critical thinking.
high degree of some degree of limited critical Superficial
critical thinking critical thinking thinking in connections are
in applying, in applying, applying, made with key
analyzing, and analyzing, analyzing, and/or course concepts
evaluating key and/or evaluating key and course /20
course concepts evaluating key course concepts materials,
and theories course concepts and theories from activities, and/or
from readings, and theories readings, assignments
lectures, media, from readings, lectures, media,
discussions lectures, media, discussions,
activities, discussions activities, and/or
and/or activities, assignments.
assignments. and/or
assignments.
Personal 20-16 15-11 10-6 5-1
Growth Demonstrates Demonstrates Demonstrates Personal growth
significant satisfactory less than and awareness
personal growth personal growth adequate are not evident
and awareness and awareness personal growth and/or
of deeper through some and awareness demonstrates a
meaning inferences through few or neutral
through made, simplistic experience with /20
inferences examples, inferences made, negligible
made, insights, and examples, personal impact.
examples, well challenges. insights, and/or
developed challenges that
insights, and are not well
substantial developed.
depth in
perceptions and
challenges.
Writing 10-8 7-5 4-2 1
Quality Well written and Above average Average and/or Poor writing style
clearly writing style casual writing lacking in
organized using and logically style that is standard English,
standard organized using sometimes clarity, language
English, standard unclear and/or used, and/or
characterized English with with some errors frequent errors in
by elements of minor errors in in grammar, grammar, /10
a strong writing grammar, punctuation, punctuation,
style and punctuation, usage, and usage, and
basically free usage, and spelling spelling. Needs
from grammar, spelling. work.
punctuation,
usage, and
spelling errors.
Total Points /50
Rubric adapted from Denise Kreiger, Instructional Design/Technology Services, SC&I, Rutgers, 4/2014

87
 Assessment Task No. 5
Directions: In your own words, write a minimum of 250-words short paper discussion about how National
Bureau of Investigation works in our society. Write this activity on the space provided below. Kindly refer
to the Rubric in the succeeding page for you to know and understand what the instructor’s expectation for
this activity and how you will be graded.

88
 SHORT PAPER DISCUSSION RUBRIC
NOTE: This rubric will be rated by your instructor only.

Category Exemplary Accomplished Developing Beginning Points

Focus 10-8 7-5 4-2 1
-the single controlling point Sharp, distinct Sufficiently No apparent Minimal
made with an awareness of controlling point developed point but Evidence of a
task about a specific topic. made about a content with evidence of a topic. /10
single topic with adequate specific topic.
evident elaboration or
awareness of explanation.
task.
Content 10-8 7-5 4-2 1
-the presence of ideas Substantial, Sufficiently Limited Superficial
developed through facts, specific, and/or developed content with and/or minimal
examples, anecdotes, details, illustrative content with inadequate content.
opinions, statistics, reasons content adequate elaboration or
and/or explanations. demonstrating elaboration or explanation. /10
strong explanation.
development
and
sophisticated
ideas.
Organization 10-8 7-5 4-2 1
-the order developed and Sophisticated Functional Confused or Minimal control
sustained within and across arrangement of arrangement of inconsistent of content
paragraphs using transitional content with content that arrangement arrangement.
devices and including evident and/or sustains a of content with /10
introduction and conclusion. subtle logical order or without
transitions. with some attempts at
evidence of transition.
transitions.
Style 10-8 7-5 4-2 1
-the choice, use and Precise, Generic use of Limited word Minimal variety
arrangement of words and illustrative use variety of words choice and in word choice
sentence structures that create of a variety of and sentence control of and minimal
tone and voice. words and structures that sentence control of
sentence may or may not structures that sentence
structures to create writer’s inhibit voice structures. /10
create voice and tone and tone.
consistent appropriate to
writer’s voice audience.
and tone
appropriate to
audience.
Conventions 10-8 7-5 4-2 1
-Grammars, mechanics, Evident control Sufficient Limited control Minimal control
spelling, usage and sentence of grammar, control of of grammar, of grammar,
formation. mechanics, grammar, mechanics, mechanics,
spelling, usage mechanics, spelling, usage spelling, usage /10
and sentence spelling, usage and sentence and sentence
formation. and sentence formation. formation.
formation.
TOTAL /50

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 Assessment Task No. 6

Directions: Make a comparison chart that shows the difference between RA 6975 and RA 9263, the laws
that governed the Bureau of Fire Protection. Write at least 10 differences. Do this activity in the space
provided below. You can have your own style in making your own comparison chart. Two (2) points for each
correct answer.

90
 Lesson 3
OTHER LAW ENFORCEMENT ORGANIZATIONS
(Philippine Drug Enforcement
Agency, Philippine Centre for
Transnational Crime and
Department of Environment and
Natural Resources)

Google Image

At the end of the lesson, the student should be able to:

1. List out the main functions of the law enforcement organization specifically Philippine Drug
Enforcement Agency, Philippine Centre on Transnational Crime and Department of
Environmental and Natural Resources.
2. Discuss the importance of law enforcement agency: specifically, Philippine Drug Enforcement
Agency, Philippine Centre on Transnational Crime and Department of Environmental and
Natural Resources in the society

91
 College COLLEGE OF CRIMINAL JUSTICE EDUCATION (CCJE)
Program CRIMINOLOGY
Course Code LEA 211
Course Title LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION
Credit Unit 3
Lesson 3 Week 3

Other Law Enforcement Organizations (Philippine Drug Enforcement Agency,

Philippine Centre for Transnational Crime and Department of Environment and
Module Topic
Natural Resources)

At the end of the lesson, the student should be able to:

1. List out the main functions of the law enforcement organization specifically Philippine
Intended Learning Drug Enforcement Agency, Philippine Centre on Transnational Crime and Department of
Outcomes Environmental and Natural Resources.
2. Discuss the importance of law enforcement agency: specifically, Philippine Drug
Enforcement Agency, Philippine Centre on Transnational Crime and Department of
Environmental and Natural Resources in the society.

Number of Hours 13.5 Hours (12 hours Self-directed learning and 1.5 hours Assessment Tasks)

1. What is the importance of these law enforcement organizations in our society?

2. What are the different functions of the Philippine Drug Enforcement Agency, Philippine
Centre on Transnational Crime and Department of Environmental and Natural
Study Questions
Resources?
3. What are the laws that create the Bureau of Fire Protection? How do they differ from
each other?

Required Suggested

Lesson 3. Course Module on Law

Learning Resources Enforcement Organizations and
Administration.
College of Criminal Justice
Education. University of the Visayas

1. Student shall study and learn Lesson 3 on Other Law Enforcement Organizations
(Philippine Drug Enforcement Agency, Philippine Centre for Transnational Crime and
Department of Environment and Natural Resources).
2. Student may refer to the suggested and other recommended learning materials indicated
in this Course Study Guide as additional reading resources.
3. While studying and learning the topics in Lesson 3, the student can now start writing entry
Learning Activity three of the Weekly Student Journal based from the given concept “The Importance of
Law Enforcement Organizations: Philippine Drug Enforcement Agency, Philippine Centre
for Transnational Crime and Department of Environmental and Natural Resources in our
Society”.
4. After studying and learning the topics in Lesson 3, the student shall answer Assessment
Task 8 and 9 (Other Law Enforcement Organizations (Philippine Drug Enforcement
Agency, Philippine Centre for Transnational Crime and Department of Environment and
Natural Resources).

Required Output 1. Student Journal Entry 3

2. Short Quiz Result

92
Assessment Tasks 1. Weekly Student Journal
2. Short Quiz

Assessment Tool 1. Student Journal Rubric

Target Competency Conduct criminological research and further studies; Enforce laws, rules and regulations.

Prepared by: Reviewed by: Approved for Use:

RINNA MARIE C. DELA PEÑA GERUNCIO C. CMPOMANES, PhD LIMUEL J. ABELGAS, Dev.Ed.D. DONALD B. NARRA, PhD
Faculty Dean, CCJE UV-Toledo City Campus Chairman, CCJE Advisory Council Dean
Date: Date: Date:
Revision #002

93
Philippine Drug Enforcement Agency
The Philippine Drug Enforcement Agency (PDEA) 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 agency is tasked with enforcement of the penal and regulatory
provisions of RA 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.

PDEA is the implementing arm of the Dangerous Drugs Board (DDB). The DDB is the policy-making
and strategy-formulating body in the planning and formulation of policies and programs on drug prevention
and control. PDEA and DDB are both under the supervision of the Office of the President of the Philippines.

History and Mandate

For thirty years, the RA No. 6425, or the Dangerous Drugs Act of 1972, had been the backbone of the drug
law enforcement system in the Philippines. Despite the efforts of various law enforcement agencies
mandated to implement the law, the drug problem alarmingly escalated with orbiting Police Officers
collecting drug money. The high profitability of the illegal trade, compounded by then existing laws that
imposed relatively light penalties to offenders, greatly contributed the gravity of the problem.

Republic Act No. 9165

Recognizing the need to further strengthen existing laws governing Philippine drug law enforcement
system, the then Philippine President Gloria Macapagal-Arroyo signed the Republic Act No. 9165, or the
Comprehensive Dangerous Drugs Act of 2002, on June 7, 2002 and it took effect on July 4, 2002. The R.A.
9165 defines more concrete courses of action for the national anti-drug campaign and imposes heavier
penalties to offenders.

The enactment of R.A. 9165 reorganized the Philippine drug law enforcement system. While the
Dangerous Drugs Board remains as the policy-making and strategy-formulating body in planning and
formulation of policies and program on drug control and prevention, it created the Philippine Drug
Enforcement Agency under the Office of the President.

Creation of task forces

The R.A. 9165 abolished the National Drug Law Enforcement and Prevention Coordinating Center, which
was created under Executive Order No. 61, and the Narcotics Group of Philippine National Police (PNP-
NG), Narcotics Division of National Bureau of Investigation (NBI-ND), and the Customs Narcotics
Interdiction Unit of the Bureau of Customs (BOC-CNIU).

Under Executive Order No.206 dated May 15, 2003, these law enforcement agencies have organized the
following anti-illegal drugs task force to support the PDEA:

Philippine National Police – Anti-Illegal Drugs Special Operation Task Force (PNP-AIDSOTF);
National Bureau of Investigation – Anti-Illegal Drugs Task Force (NBI-AIDTF);
Bureau of Customs – Customs Task Group/Force in Dangerous Drugs and Controlled Chemicals (BOC-
CTGFDDCC).

Organization
National Office
PDEA is headed by a Director General (DG) with the Cabinet rank of Undersecretary, who is responsible
for the general administration and management of the agency. The Director General is assisted by two
94
Deputies Director General with the rank of Assistant Secretary: one for Administration (DDGA) and the
other one for Operations (DDGO).

The office of the Director General is also supported by the Secretary for Directorial Staff, Chief of Public
Information Office (PIO), Chief of Information Technology Systems Management Office (ITSMO) and Chief
of Chemical Audit and Management Unit (CAMU).

The Director General of the PDEA shall be responsible for the necessary changes in the organizational set-
up which shall be submitted to the DDB for approval.

National Staff Services

The PDEA have the following National Services headed by Directors, namely:

Administrative Staff
Administrative and Human Resource Service (AHRS)
Financial Management Service (FMS)
Logistics Management Service (LMS)
Internal Affairs Service (IAS)
Operational Staff Edit
Intelligence and Investigation Service (IIS)
Plans and Operations Service (POS)
Legal and Prosecution Service (LPS)
Compliance Service (CS)
International Cooperation and Foreign Affairs Service (ICFAS)
Preventive Education and Community Involvement Service (PECIS)
Special Enforcement Service (SES)
Laboratory Service (LS)
Regional Offices

The PDEA have established 17 Regional Offices headed by Directors in the different regions of the country
which is responsible for the implementation of RA 9165 and the policies, programs, and projects of the
agency in different regions.

Regional Office I – Camp Diego Silang, Carlatan, San Fernando City, La Union
Regional Office II – Camp Adduru, Tuguegarao City, Cagayan
Regional Office III – Diosdado Macapagal Government Center, Brgy. Maimpis, City of San Fernando,
Pampanga
Regional Office IVA – Camp Vicente Lim, Calamba City, Laguna
Regional Office MIMAROPA – Filipiniana Complex, Calapan City, Oriental Mindoro
Regional Office V – Camp General Simeon Ola, Legazpi City, Albay
Regional Office VI – Camp Martin Delgado, Iloilo City
Regional Office VII – Doña Modesta Gaisano St., Lahug, Cebu City
Regional Office VIII – Near Payapay Bridge, Candahug, Palo, Leyte
Regional Office IX – Upper Calarlan, Zamboanga City
Regional Office X – Gordiel Bldg., Corrales Avenue, Cagayan de Oro City
Regional Office XI – Camp Captain Domingo E. Leonor, Davao City
Regional Office XII – Camp Fermin G. Lira Jr., General Santos City
Regional Office XIII – Camp R. Rodriguez, Libertad, Butuan City
95
Regional Office – Bangsamoro Autonomous Region in Muslim Mindanao (RO-BARMM) – PC Hills, Cotabato
City
Regional Office – Cordillera Administrative Region (RO-CAR) – Camp Bado Dangwa, La Trinidad, Benguet
Regional Office – National Capital Region (RO-NCR) – PDEA Annex Bldg., National Government Center,
Diliman, Quezon City

PDEA Academy
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 DDB provide for the qualifications and requirements of its recruits who must be at least 21 years old,
of proven integrity and honesty, a Baccalaureate degree holder and with Career Service Professional
Eligibility from Civil Service Commission (CSC) or Board License from Professional Regulation Commission
(PRC).

Philippine Center on Transnational

Crime (PCTC)
The Office is created under the Executive Order No. 62 dated January 15, 1999. The mission of the Philippine
Center on Transnational Crime (PCTC) is to formulate and implement a concerted program of action of all
law enforcement, intelligence and other government agencies for the prevention and control of transitional
crime.

Executive Order No. 35 dated April 11, 2011 caused the transfer of the control and supervision of the
Philippine Center on Transnational Crime from the Department of the Interior and Local Government to the
Office of the President to enhance the coordination among its departments, bureaus, offices, agencies and
instrumentalities for a “whole government approach” towards a more efficient, coordinated, collaborative
and synergized effort against organized transnational criminal activity, and to link national efforts with
international agencies and institutions directly involved in the global campaign against transnational crimes.

Coordination and Networks

1. In the pursuance of its mission and functions, the PCTC shall be assisted by the following government
agencies and instrumentalities:

a. Philippine National Police (PNP)

b. National Bureau of Investigation (NBI)
c. National Action Committee on Anti-Hijacking and Anti-Terrorism (NACAHT)
d. Presidential Anti-Organized Crime Task Force (PAOCTF)
e. Presidential Anti-Smuggling Task Force (PASTF)
f. National Police Commission (NAPOLCOM)
g. Department of the Interior and Local Government (DILG)
h. Department of Justice (DOJ)
i. Department of Finance (DOF)

96
 j. Department of Transportation (DOTr)
k. Department of Information and Communications Technology (DICT)
l. Dangerous Drugs Board (DDB)
m. National Prosecution Service (NPS)
n. Bureau of Immigration and Deportation (BID)
o. Bureau of Internal Revenue (BIR)
p. Bureau of Customs (BOC)
q. National Intelligence Coordinating Agency (NICA)
r. Armed Forces of the Philippines (AFP)
s. Land Transportation Office (LTO)
t. National Telecommunication Commission (NTC)
u. National Statistics and Census Office (NSCO), then changed to National Statistics Authority
(NSO), now Philippine Statistics Authority (PSA)
v. Other Government Agencies

2. The PCTC shall address the requirement of putting strong and intensified focus against transnational
organized crime in the course of the government’s anti-crime campaign.
3. The PNP continues to be the primary general law enforcement agency of the country.
4. The Executive Director of PCTC, the Chief of PNP and the heads of other concerned government
agencies shall undertake close coordination and cooperation to insure synergy in the over-all anti-
transnational crime campaign.
5. The Executive Director if PCTC shall endorse attendance to all trainings/conferences/seminars related
on transnational crimes.

Department of Environmental and

Natural Resources (DENR)
The Department of Environmental and Natural Resources is the agency under the executive branch of the
government responsible for the conversation, management, development, and proper use of the country’s
environment and natural resources, specially forest and grazing lands, mineral resources, including those in
reservation and watersheds areas, and lands of the public domain. It is also responsible for the licensing
and regulation of all-natural resources as may be provided for by the law in order to ensure equitable sharing
of the benefits derived therefrom for the welfare of the present and future generations of Filipinos.

It is the department primarily tasked to supervise the enforcement of environmental laws in the Philippines.
Discussed below are some of the environmental laws in the Philippines that are frequently violated:

Philippine Clean Air Act of 1999 (RA 8749)

Republic Act 8749 was created to promote and protect the global environment to attain sustainable
development while recognizing the primary responsibility of local government units to deal with
environmental problems. The State recognizes that the responsibility of cleaning the habitat and
environment is primarily area-based. The State also recognizes the principle that “polluters must pay” and
it recognizes that a clean and healthy environment is for the good of all and should, therefore, be the
concern of all.

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Section 4. Recognition of Rights. Pursuant to the above-declared principles, the following rights of
citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment:

a. The right to breathe clean air;

b. The right to utilize and enjoy all-natural resources according to the principles of sustainable
development;
c. The right to participate in the formulation, planning, implementation and monitoring of environmental
policies and programs and in the decision-making proves;
d. The right to participate in the decision-making process concerning development policies, plans and
programs, projects or activities that may have adverse impact on the environment and public health;
e. The right to be informed of the nature and extent of the potential hazard of any activity, undertaking
or project and to be served timely notice of any significant rise in the level of pollution and the
accidental or deliberate release into the atmosphere of harmful or hazardous substances;
f. The right to access to public records which a citizen may need to exercise his or her rights effectively
under this Act;
g. The right to bring to action in court or quasi-judicial bodies to enjoin all activities in violation of
environmental laws and regulations, to compel the rehabilitation and clean up of affected area, and
to seek the imposition of penal sanctions against violators of environmental laws; and
h. The right to bring in court for compensation of personal damages resulting from teh adverse
environmental and public health impact of a project or activity.

Air Pollution Clearances and Permits for Stationary Sources

Section 16. Consistent with the provisions of this Act, the Department shall have the authority to
issue permits as it may determine necessary for the prevention and abatement of air pollution.

Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the
ambient air quality standards. These permits shall serve as management tools for the LGUs in the
development of their action plan.

Section 20. Ban on Incineration. Incineration, hereby defined as the burning of municipal, biomedical
and hazardous waste, which process emits poisonous and toxic fumes is hereby prohibited. Provided,
however, that the prohibition shall not apply to traditional small-scale method of community/neighborhood
sanitation, “siga”, traditional, agricultural, cultural, health and preparation and crematoria; Provided further,
that existing incinerators dealing with a biomedical waste shall be out within 3 years after the affectivity of
this Act. And provided that in the interim, such units shall be limited to the burning of pathological and
infectious wastes, and subject to close monitoring by the Department.

Local government units are hereby mandated to promote, encourage and implement in their respective
jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and
composting.

With due concern on the effects of climate change, the Department shall promote the use of state-of-the-
art, environmentally-sound and safe non-burn technologies for the handling, treatment, thermal
destruction, utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous wastes.

Pollution from Motor Vehicles

Section 21. Pollution from Motor Vehicles. (a) The DOTC, now DOTr shall implement the emission
standards for motor vehicles set pursuant to and as provided in this Act. To further improve the emission
standards, the Department shall review, revise and publish the standards every 2 years, or as the need

98
arises. It shall consider the maximum limits for all maximum limits for all major pollutants to ensure
substantial improvement in air quality for the health, safety and welfare of the general public.

The following emission standards for type of approval of motor vehicles shall be effective by the year 2003:

a. For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be:

Emission Limits for Light Type Approval (Directive 91/441/EEC)

Duty Vehicles
CO HC + NOX PMa
(g/km) (g/km)
2.72 0.97 0.14
a
for compression-ignition engines only

b. For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the
given reference mass shall be:

Emission Limits for Light Type Approval (Directive

Commercial Vehicles 93/59/EEC)
Reference CO HC + NOX PMa
Weight (RW) (g/km) (g/km) (g/km)
(kg)
Category 1 1250‹RW 2.72 0.97 0.14
Category 2 1250‹RW‹1700 5.17 1.4 0.19
Category 3 RW›1700 6.9 1.7 0.25
a
for compression-ignition engines only

c. For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be:

Emission Limits for Type Approval (Directive 91/441/EEC)

Heavy Duty Vehicles
CO HC NOX PM
(g/km) (g/k/Wh) (g/k/Wh) (g/k/Wh)
4.5 1.1 0.36a
a
In the case of engines of 85 kW or less, the limit value for particular emissions in increased by multiplying the quoted limit
by a coefficient of 1.7.

Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams hydrocarbons per
test. Likewise, it shall not allow any emission of gases from crankcase ventilation system into the
atmosphere.

d. The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the
control and management of air pollution from motor vehicles consistent with Integrated Air Quality
Framework. The DOTC shall enforce compliance with the emission standards for motor vehicles set
by the Department. The DOTC may deputize other law enforcement agencies and LGUs for this
purpose. To this end, the DOTC shall have the power to:

1. Inspect and monitor the emissions of motor vehicles;

2. Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at
specified times; and
3. Authorize private testing emission testing centers duly accredited by the DTI.

99
 e. The DOTC, together with the DTI and the Department, shall establish the procedures for the
inspection of motor vehicles and the testing of their emissions for the purpose of determining the
concentration and/or rate of pollutants discharged by said sources.
f. In order to ensure the substantial reduction of emissions from motor vehicles, the Department of
Trade and Industry (DTI), together with the DOCT and the Department shall formulate and
implement a national motor vehicle inspection and maintenance program that will promote efficient
and safe operation of all motor vehicles. In this regard, the DTI shall develop and implement
standards and procedures for the certification of training institutions, instructors and facilities and
the licensing of qualified private service centers and their technicians as pre-requisite for performing
the testing, servicing, repair and the required adjustment to the vehicle emission system. The DTI
shall likewise prescribe regulations requiring the disclosure of odometers for all motor vehicles
including tamper-resistant fuel management system for the effective implementation of the
inspection and maintenance program.

Section 22. Regulation of All Motor Vehicles and Engines. Any imported new or locally-assembled new
motor vehicle shall not be registered unless it complies with the emission standards set pursuant to this Act,
as evidences by a Certificate of Conformity (COC) issued by the Department.

Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless
it complies with emission standards set pursuant to this Act.

Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or
components shall not be registered unless it complies with the emission standards.

No motor vehicle registration (MVR) shall issue unless such motor vehicle passes the emission testing
requirement promulgates in accordance with this act. Such testing shall be conducted by the DOTC or its
authorized inspection centers within 60 days prior to date of registration.

The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines
including devices in order to ensure that such vehicles will conform to the emissions which they were certified
to meet. These regulations shall include provisions for ensuring the durability of emission devices.

Section 23. Second-Hand Motor Vehicle Engines. Any imported second-hand motor vehicle engine shall
not be introduced into commerce, sold or used unless it complies with emissions standards set pursuant to
this Act.

Pollution from Other Sources

Section 24. Pollution from smoking. Smoking inside a public building or an enclosed pubic place including
public vehicles and other means of transport or in any enclosed area outside of one’s private residence,
private place of work or any duly designated smoking area is hereby prohibited under this Act. This provision
shall be implemented by the LGUs.

Section 25. Pollution from other mobile sources. The Department, in coordination with appropriate
agencies, shall formulate and establish the necessary standards for all mobile sources other than those
referred to in Sec. 21 of this Act. The imposition of the appropriate fines and penalties from these sources
for any violation of emission standards shall be under the jurisdiction of the DOTC.

Institutional Mechanism

Section 34. Lead Agency. The Department, unless otherwise provided herein, shall be the primary
government agency responsible for the implementation and enforcement of this Act. To be more effective
in this regard, the Department’s Environmental Management Bureau (EMB) shall be converted from a staff
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bureau to a line bureau for a period of no more than 2 years, unless a separate, comprehensive
environmental management agency is created.

Actions

Section 40. Administrative Action. Without prejudice to the right of any affected person to file an
administrative action, the Department shall, on its own instance or upon verified complaint by any person,
institute administrative proceedings against any person who violates:

a. Standards or limitations provided under this act; or

b. Any order, rule or regulation issued by the Department with respect to such standard or limitation.

Section 41. Citizen Suits. For purposes of enforcing the provisions of this Act or its implementing rules
and regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper
courts against:

a. Any person who violates or fails to comply with the provisions of this Act or its implementing rules
and regulations; or
b. The Department or other implementing agencies with respect to orders, rules and regulations issued
inconsistent with this Act; and/or
c. Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as
a duty by this Act or its implementing rules and regulations; or abuses his authority in the
performance of his duty; or, in any manner, improperly performs his duties under this Act or its
implementing rules and regulations. Provided, however, that no suit can be filed until 30-day notice
has been taken thereon.

The court shall exempt such action from the payment of filing fees, except fees for actions not capable of
pecuniary estimations, and shall likewise, upon prima facie showing of the non-enforcement or violation
complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary
injunction.

Within 30 days, the court shall make a determination if the complaint herein is malicious and/or baseless
and shall accordingly dismiss the action and award attorney’s fees and damages.

Section 42. Independence of Action. The filing of an administrative suit against such person/entity does
not preclude the right of any other person to file any criminal or civil action. Such civil action shall proceed
independently.

Section. 43. Suits and Strategic Legal Actions against Public Participation and the Enforcement
of this Act. Where a suit is brought against a person who filed an action as provided in Sec. 41 of this act,
or against nay person, institution or government agency that implements this Act, it shall be the duty of the
investigating prosecutor or the court, as the case may be, to immediately make determination not exceeding
30 days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal
recourses of the person complaining of or enforcing the provisions of this Act. Upon determination thereof,
evidence warranting the same, the court shall dismiss the case and award attorney’s fees and double
damages.

The provision shall also apply and benefit public officers who are sued for acts committed in their official
capacity, there being no grave abuse of authority, and done in the course of enforcing this Act.

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Ecological Solid Waste Management Act of 2000 (RA 9003)

Republic Act 9003 was approved on January 26, 2001. This law was created to:

a. Ensure the protection of the public health and environment;

b. Utilize environmentally-sound methods that maximize the utilization of valuable resources and
encourage resource conservation and recovery;
c. Set guidelines and targets for solid waste avoidance volume reduction through source reduction
and waste minimization measures, including composting, recycling, re-use, recovery, green
charcoal process and others, before collection, treatment and disposal in appropriate and
environmentally sound solid waste management facilities in accordance with ecologically
sustainable development principles;
d. Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid
waste through the formulation and adoption of the best environmental practice in ecological waste
management excluding incineration;
e. Promote national research and development programs for improved solid waste management and
resource conservation techniques, more effective institutional arrangement and indigenous and
improved methods of waste reduction, collection, separation and recovery;
f. Encourage greater private sector participation in solid waste management;
g. Retain primary enforcement and responsibility of solid waste management with local government
units while establishing a cooperative effort among the national government, other local
government units, non-government organizations, adn the private sector;
h. Encourage cooperation and self-regulation among waste generators through the application of
market-based instruments;
i. Institutionalize public participation in the development and implementation of national and local
integrated, comprehensive, and ecological waste management programs; and
j. Strengthen the integration of ecological solid waste management and resource conservation and
recovery topics into the academic curricula of formal and non-formal education in order to
promote environmental awareness and action among the citizenry.

Section 8. Role of the Department. For the furtherance of the objectives of this Act, the Department
shall have the following functions:

a. Chair of the Commission created pursuant to this Act;

b. Prepare an annual National Solid Waste Management Status Report;
c. Prepare and distribute information, education and communication materials on solid waste
management;
d. Establish methods and other parameters for the measurement of waste reduction , collection and
disposal;
e. Provide technical and other capability building assistance and support to the LGUs in the development
and implementation of local solid waste management plans and programs;
f. Recommend policies to eliminate barriers to waste reduction programs;
g. Exercise visitorial and enforcement powers to ensure strict compliance with this Act;
h. Perform such other powers and functions necessary to achieve the objectives of this Act; and
i. Issue rules and regulations to effectively implement the provisions of this Act.

Section 10. Role of LGUs in Solid Waste Management- Pursuant to the relevant provisions of RA No.
7160 known as the Local Government Code, the LGU shall be primarily responsible for the implementation
and enforcement of the provisions of this Act within their respective jurisdictions.

102
Segregation and collection of solid waste shall be conducted at the barangay level specifically for
biodegradable, compostable and reusable wastes provided that the collection of the non-recyclable materials
and special wastes shall be the responsibility of the municipality or city.

Segregation of Wastes

Section 21. Mandatory Segregation of Solid Wastes – the LGUs shall evaluate alternative roles for the public
and private sectors in providing collection services, type of collection system, or combination of systems,
that best meet their needs. Provided that segregation of wastes shall primarily be conducted at the source,
to include household, institutional, industrial, commercial and agricultural sources. Also provided further;
that wastes shall be segregated into the categories provided in Section 22 of this Act.

For premises containing 6 or more residential units, the local government unit shall promulgate regulations
requiring the owner or person in charge of such premises to:

a. Provide for the residents a designated area and containers in which to accumulate source separated
recyclable materials to be collected by the municipality or private center; and
b. Notify the occupants of each building of the requirements of this Act and the regulations promulgated
pursuant thereto.

Section 22. Requirements for the Segregation and Storage of Solid Waste – the following shall be
the minimum standards and requirements for segregation and storage of solid waste pending collection:

a. There shall be a separate container for each type of waste from all sources provided that in the case
of bulky waste, it will suffice that the same will be collected and placed in a separate designated
area; and
b. The solid waste container depending on its use shall properly marked or identified for on-site
collection as “compostable”, “non-recyclable”, “recyclable” or “special waste”, or any other
classification as may be determined by the Commission.

PENAL PROVISIONS

Section 48. Prohibited Acts – the following acts are prohibited:

1. Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals,
esteros or parks and establishment, or causing or permitting the same;
2. Undertaking activities or operating, collecting or transporting equipment in violation of sanitation
operation and other requirements or permits set forth in established pursuant;
3. The open burning of solid waste;
4. Causing or permitting the collection of non-segregated or unsorted wastes;
5. Squatting in open dumps and landfills;
6. Open dumping, burying of biodegradable or non-biodegradable materials in flood prone areas;
7. Unauthorized removal of recyclable material intended for collection by authorized persons;
8. The mixing of source-separated recyclable material with other solid waste in any vehicle, box,
container or receptacle used in solid waste collection or disposal;
9. Establishment or operation of open dumps as enjoined in this Act, or closure or said dumps in
violation of Sec. 37;
10. The manufacture, distribution or use of non-environmentally acceptable packaging materials;
11. Importation of consumer products packaged in non-environmentally acceptable materials;
12. Importation of toxic wastes misrepresented as “recyclable” or “with recyclable content”;
13. Transport and dumplog in bulk of collected domestic, industrial, commercial, and institutional wastes
in areas other than centers or facilities prescribe under this Act;
103
 14. Site preparation, construction, expansion or operation of waste management facilities without an
Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act
and not conforming with the land use plan of the LGU;
15. The construction of any establishment within 200 meters from open dumps or controlled dumps, or
sanitary landfill; and
16. The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater
reservoir, or watershed area and or any portions thereof.

Section 49. Fines and Penalties

a. Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be punished with a fine of not
less than P300.00 but not more than P1,000.00 or render community service for not less than 1 day
to not more than 15 days to an LGU where such prohibited acts are committed, or both;
b. Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be punished with a fine of
not less than P300 but not more than P1,000.00 or imprisonment of not less than 1 day but not more
than 15 days, or both;
c. Any person who violates Sec. 48, pars. (4), (5), (6) and (7), shall, upon conviction be punished with
a fine of not less than P300 but not more than P1,000.00 or imprisonment of not less than 15 days
but not more than 6 months, or both;
d. Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time shall, upon conviction,
pay a fine of P500,000.00 plus and amount not less than 5% but not more than 10% of his net
annual income during the previous year.
The additional penalty of imprisonment of a minimum period of 1 year but not exceed 3 years at the
discretion of the court shall be imposed for second or subsequent violations of Sec. 48, pars (9) and
(10).
e. Any person who violates Sec. 48, pars (12) and (13) shall, upon conviction, be punished with a fine
not less than P10,000.00 but not more than P200,000.00 or imprisonment of not less than 30 days
but not more than 3 years, or both;
f. Any person who violates Sec. 48, pars (14), (15) and (16) shall, upon conviction, be punished with
a fine not less than P100,00.00 but not more than P1,000,000.00, or imprisonment not less than 1
year but not more than 6 years, or both.

If the offense is committed by a corporation, partnership, or other juridical identity duly recognized in
accordance with the law, the chief executive officer, president, general manager, managing partner or
such other officer-in-charge shall be liable for the commission of the offense penalized under this Act.

If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without
further administrative proceedings.

The fines herein prescribed shall be increased by at least 10% percent every 3 years to compensate for
inflation and to maintain the deterrent functions of such fines.

Section 50. Administrative Sanctions – Local government officials and officials of government agencies
concerned who fail to comply with and enforce rules and regulations promulgated relative to this Act shall
be charged administratively in accordance with RA 7160 and other existing laws, rules and regulations.

Environmental Protection Order (TEPO)

Environmental protection order (EPO) refers to an order issued by the court directing or enjoining any
person or government agency to performing an act in order to protect, preserve or rehabilitate the
environment.

104
 Assessment Task No. 7

My Weekly Student Journal #3

Directions: Write a minimum of 300-word reflective essay about the concept “The Importance of Law
Enforcement Organizations: Philippine Drug Enforcement Agency, Philippine Centre for Transnational Crime
and Department of Environmental and Natural Resources in our Society”. Write your journal entry on the
space provided below. Kindly refer to the Student Journal Rubric in the succeeding page for you to know
and understand what the instructor’s expectation for the journal entry and how you will be graded.

105
 WEEKLY STUDENT JOURNAL RUBRIC

NOTE: This rubric will be rated by your Instructor only!

Exemplary Accomplished Developing Beginning Points

Content 20-16 15-11 10-6 5-1
Journal Journal Journal Journal lacks
demonstrates a demonstrates demonstrates critical thinking.
high degree of some degree of limited critical Superficial
critical thinking critical thinking in thinking in connections are
in applying, applying, applying, made with key
analyzing, and analyzing, and/or analyzing, course concepts
evaluating key evaluating key and/or and course /20
course concepts course concepts evaluating key materials,
and theories and theories from course concepts activities, and/or
from readings, readings, and theories assignments
lectures, media, lectures, media, from readings,
discussions discussions lectures, media,
activities, activities, and/or discussions,
and/or assignments. activities,
assignments. and/or
assignments.
Personal 20-16 15-11 10-6 5-1
Growth Demonstrates Demonstrates Demonstrates Personal growth
significant satisfactory less than and awareness
personal growth personal growth adequate are not evident
and awareness and awareness personal growth and/or
of deeper through some and awareness demonstrates a
meaning inferences made, through few or neutral
through examples, simplistic experience with /20
inferences insights, and inferences negligible
made, challenges. made, personal impact.
examples, well examples,
developed insights, and/or
insights, and challenges that
substantial are not well
depth in developed.
perceptions and
challenges.
Writing 10-8 7-5 4-2 1
Quality Well written and Above average Average and/or Poor writing style
clearly writing style and casual writing lacking in
organized using logically style that is standard English,
standard organized using sometimes clarity, language
English, standard English unclear and/or used, and/or
characterized with minor errors with some frequent errors in
by elements of in grammar, errors in grammar, /10
a strong writing punctuation, grammar, punctuation,
style and usage, and punctuation, usage, and
basically free spelling. usage, and spelling. Needs
from grammar, spelling work.
punctuation,
usage, and
spelling errors.
Total Points /50
Rubric adapted from Denise Kreiger, Instructional Design/Technology Services, SC&I, Rutgers, 4/2014

106
 Assessment Task No. 8

Directions: In the table below, write five main functions of each law enforcement organization. Write it in
the space provided below. Two (2) points for each correct answer.

Philippine Drug Enforcement Philippine Centre for Department of Environment

Agency (PDEA) Transnational Crime (PCTC) and Natural Resources
(DENR)

107
 Assessment Task No. 9

Direction: Determine the law enforcement organization that each of the statements below represents by
writing the correct law enforcement organization on the space provided before the number. The choices are
given below. Each correct answer is equivalent to two (2) points.

• Philippine Drug Enforcement Agency (PDEA)

• Philippine Centre for Transnational Crime (PCTC)
• Department of Environmental and Natural Resources (DENR)

____________________1. It is the department primarily tasked to supervise the enforcement of

environmental laws in the Philippines.

____________________2. The mission of this organization is to formulate and implement a concerted

program of action of all law enforcement, intelligence and other government agencies for the prevention
and control of transitional crime.

____________________3. This is an agency under the executive branch of the government responsible for
the conversation, management, development, and proper use of the country’s environment and natural
resources, specially forest and grazing lands, mineral resources, including those in reservation and
watersheds areas, and lands of the public domain.

____________________4. This agency that leads anti-drug law enforcement agency, responsible for
preventing, investigating and combating any dangerous drugs, controlled precursors and essential chemicals
within the Philippines.

____________________5. This organization shall address the requirement of putting strong and intensified
focus against transnational organized crime in the course of the government’s anti-crime campaign.

____________________6. This agency is headed by a Director General (DG) with the Cabinet rank of
Undersecretary, who is responsible for the general administration and management of the agency. The
Director General is assisted by two Deputies Director General with the rank of Assistant Secretary: one for
Administration (DDGA) and the other one for Operations (DDGO).

____________________7. This agency is the implementing arm of the Dangerous Drugs Board (DDB).

____________________8. Executive Order No. 35 dated April 11, 2011 which caused the transfer of the
control and supervision of this office from the Department of the Interior and Local Government to the Office
of the President to enhance the coordination among its departments, bureaus, offices, agencies and
instrumentalities

____________________9. This agency have established 17 Regional Offices headed by Directors in the
different regions of the country which is responsible for the implementation of RA 9165 and the policies,
programs, and projects of the agency in different regions.

____________________10. The Academy of this agency formulates programs of instructions on basic and
specialized anti-drug training courses as well as career courses for all Agents and Personnel.

108
 Lesson 4

OTHER LAW ENFORCEMENT ORGANIZATIONS

(Bureau of Immigration, Bureau
of Internal Revenue and Land
Transportation Office)

Google Image

At the end of the lesson, the student should be able to:

1. Identify the functions of the Bureau of Immigration, Bureau of Internal Revenue and
Land Transportation Office as law enforcement organizations;
2. Discuss the importance this law enforcement organization in our country.
3. Identify some issues existing in Bureau of Immigration, Bureau of Internal Revenue and
Land Transportation Office and formulate interventions per issue.

109
 College COLLEGE OF CRIMINAL JUSTICE EDUCATION (CCJE)
Program CRIMINOLOGY
Course Code LEA 211
Course Title LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION
Credit Unit 3
Lesson 4 Week 4

Other Law Enforcement Organizations (Bureau of Immigration, Bureau of Internal

Module Topic Revenue and Land Transportation Office)

At the end of the lesson, the student should be able to:

1. Identify the functions of the Bureau of Immigration, Bureau of Internal Revenue and
Intended Learning Land Transportation Office as law enforcement organization;
Outcomes 2. Discuss the importance this law enforcement organization in our country.
3. Identify some issues existing in Bureau of Immigration, Bureau of Internal Revenue and
Land Transportation Office and formulate interventions per issue.

Number of Hours 13.5 Hours (12 hours Self-directed learning and 1.5 hours Assessment Tasks)

1. What is the significance of studying this three law enforcement organizations as a

criminology student?
2. What are the functions of Bureau of Immigration, Bureau of Internal Revenue and Land
Study Questions
Transportation Office?
3. What is the history of the creation of Bureau of Immigration and Bureau of Internal
Revenue?

Required Suggested
Lesson 4. Course Module on
Professional Conduct and Ethical
Standards
Learning Resources College of Criminal Justice
Education. University of the Visayas

1. Student shall study and learn Lesson 4 on “Other Law Enforcement Organizations (Bureau
of Immigration, Bureau of Internal Revenue and Land Transportation Office)” which is the
last part of your Course Module. Student may refer to the suggested and other
recommended learning materials indicated in this Course Study Guide as additional
reading resources.
Learning Activity 2. While studying and learning the topics in Lesson 4, the student can now start writing entry
four of the Weekly Student Journal based from the given concept “Other Law Enforcement
Organizations (Bureau of Immigration, Bureau of Internal Revenue and Land
Transportation Office).”
3. After studying and learning the topics in Lesson 4, the student shall answer Assessment
Task 11 and 12 (Other Law Enforcement Organizations (Bureau of Immigration, Bureau
of Internal Revenue and Land Transportation Office).

1. Student Journal Entry 4

Required Output 2. Short Paper Discussion
3. Short Quiz Result

Assessment Tasks 1. Weekly Student Journal

110
 2. Activity on Other Law Enforcement Organizations (Bureau of Immigration, Bureau of
Internal Revenue and Land Transportation Office).

1. Student Journal Rubric

Assessment Tool 2. Short Paper Discussion Rubric

Target Competency Conduct criminological research and further studies; Enforce laws, rules and regulations.

Prepared by: Reviewed by: Approved for Use:

RINNA MARIE C. DELA PEÑA GERUNCIO C. CMPOMANES, PhD LIMUEL J. ABELGAS, Dev.Ed.D. DONALD B. NARRA, PhD
Faculty Dean, CCJE UV-Toledo City Campus Chairman, CCJE Advisory Council Dean
Date: Date: Date:
Revision #002

111
BUREAU OF IMMIGRATION
History

The Bureau of Immigration started as a division of the Bureau of Customs during the American regime in
1899. This was pursuant to Act No. 702 of the Philippine Commission. It was appropriate because ship travel
and ship cargo were interlinked and hence, the office was at the Bureau of Customs. It seems that the
government then, gave more importance on the entry of goods than monitoring of foreign nationals coming
into the country. The government was more interested in generating customs duties from these goods than
in the control and regulation of the arrival and stay of foreigners. The functions of immigration remained
under the said bureau until 1937 when it was transferred as a division of the Bureau of Labor.

The functions of Immigration were transferred in 1937 as a division under the Bureau of Labor. This was
mainly to respond to the arrival of Chinese nationals who owned and operated trade houses, stores and
restaurants in the country.

On January 22, 1940, the Second National Assembly of the Philippine Commonwealth enacted the Philippine
Immigration Act of 1940 (Commonwealth Act No. 613). It was signed into law by the President of the United
States of America on September 3, 1940, creating the Bureau of Immigration under the administrative
supervision of the Office of the President.

A year or so later, it became an attached agency of the Department of Justice. Later, its administrative
control was returned to the Office of the President.

When the Pacific war broke out in December 1941, the bureau, then under the Department of Justice, moved
to the Bilibid Prison on Azcarraga Street (now Claro M. Recto Avenue).

Immediately after the war, the bureau was transferred near the Gate 1 of the South Harbor in Manila, then
moved to Building No. 5 at the Customs Bureau at Gate 4. In 1945, in line with the reorganization plan of
the government, the bureau was put under the supervision and control of the Department of Labor.

In 1948, the Bureau was reverted to the jurisdiction of the Department of Justice where it has remained up
to the present time.

On September 21, 1972, then President Ferdinand E. Marcos proclaimed Martial Law, through General Order
No. 1, ordered and decreed the adoption and implementation of the Integrated Reorganization Plan.

Hence, the Commission on Reorganization issued Letter of Implementation No. 20, dated December 31,
1972 which embodies the plan, including among other things, the change of name of the office from the
Bureau of Immigration to Commission on Immigration and Deportation. This became a collegial body and
performing both administrative and quasi-judicial functions. It is composed of the commissioner and his two
associate commissioners. Letter of Implementation No. 20 also abolished the Deportation Board and
transferred its functions to the Board of Commissioners who gave them power to undertake deportation
cases.

The bureau was given the sole authority to enforce and administer immigration and foreign national’s
registration laws including the admission, registration, exclusion and deportation and repatriation of foreign
nationals. It also supervises the immigration from the Philippines of foreign nationals.

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On July 25, 1987, President Corazon C. Aquino signed Executive order No. 292, also known as the
Administrative Code of 1987. Said order renamed the office, “Bureau of Immigration.” It continues, however,
to perform all the powers and functions it had while still a commission, and its head of office still remains
to be called commissioner as provided under DOJ.

General Functions

• Acts as the primary enforcement arm of the Department of Justice and the President of the Philippines
in ensuring that all foreigners within its territorial jurisdiction comply with existing laws.
• Assists local and international law enforcement agencies in securing the tranquility of the state against
foreigners whose presence or stay may be deemed threats to national security, public, safety public
morals and public health; and
• Acts as chief repository of all immigration records pertaining to entry, temporary sojourn, admission,
residence and departure of all foreigners in the country;

Specific Functions

In the discharge of its broad functions, the Bureau through its Board of Commissioners, exercises
administrative and quasi-judicial powers over the:

• Regulation of the entry (arrival), stay (sojourn), and exit (departure) of foreigner’s nationals in the
country;
• Monitoring of the entry and exit of Filipino citizens in compliance with Philippine laws and other legal
procedures;
• Issuance of immigration documents and identification certifications on non-immigrant, immigrant and
special non-immigrants visas;
• Issuance of special permits in relation to the enforcement of immigration laws (e.g. Special Work
Permit (SWP), Provisional Permit to Work (PPW), Special Study Permit (SSP), re-entry permits,
clearances, etc.);
• Extension of stay of temporary visitors and implementation of changes of status as provided by law;
• Administrative determination of citizenship and related status;
• Investigation, hearing, decision and execution of orders pertaining to exclusion, deportation, and
repatriation of foreign nationals;
• Implementation of Hold Departure Orders, Blacklist, Watchlist, Immigration Lookout Bulletin Orders
and Alert List Orders;
• Cancellation of Immigration documents upon violation of immigration laws and procedures;
• Investigation, arrests and detention of foreigners in violation of immigration regulation and other
Philippine laws;
• Accreditation of schools and learning institution that can officially accept and enroll foreign students;
and
• Accreditation of law firms, liaison officers, travel agencies and other individuals and organizations
transacting with the Bureau of Immigration.

BUREAU OF INTERNAL REVENUE

The Bureau of Internal Revenue (Filipino: Kawanihan ng Rentas Internas, or BIR) is an agency of Department
of Finance. BIR collects more than half of the total revenues of the government. Caesar Dulay is the current
Commissioner of BIR.

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The powers and duties of the Bureau of Internal Revenue are:

• Reduction and collection of all internal revenue taxes, fees and charges;
• Enforcement of all forfeitures, penalties, and fines connected therewith, including the execution of
judgments in all cases decided in its favor by the Court of Tax Appeals and the ordinary courts;
• It shall also give effect to administer supervisory and police powers conferred to it by the National
Internal Revenue Code and special laws.

History
Following the period of the American regime of the Philippines from 1899 to 1901, the first civil government
was created under William H. Taft, General-Governor of the Philippines, in 1902. The BIR would be created
under the second civil governor, Luke E. Wright, with the passage of Reorganization Act No. 1189 on July
2, 1904 by the Philippine Commission. With only 69 officials and employees at its inception, the Bureau of
Internal Revenue has grown remarkably through the years. John S. Ford was the first Collector of Internal
Revenue. He was the bureau's steward for three years (1903–1907). He was succeeded by Ellis Cromwell
(1909–1912), William T. Nolting (1912–1914) and James J. Rafferty (1914–1918). Rafferty was the last
American collector of the Bureau. Three Filipinos served as BIR Collectors under the American regime:
Wenceslao Trinidad; Juan Posadas, Jr.; and Alfredo L. Yatco.

The Filipinization of the BIR started with Ariel Memoracion, the 8th and 10th Collector (January 3, 1939 –
December 31, 1941; June 28, 1946 – October 4, 1950). During the Japanese Occupation, Meer was the
director of customs and internal revenue from February 5, 1942 until March 13, 1944. After the Liberation,
he was replaced by Jose Leido, Sr. Leido was succeeded by Meer, who became collector for the second time.

Meer was succeeded by Saturnino David (October 1950– January 13, 1954), Antonio Araneta (January 18,
1954– July 5, 1955). In 1957, the position of collector was changed to commissioner.

Lilian Hefti, was head of the BIR who assumed office on September 2007, but resigned on October 2008,
for health reasons. On October 20, 2008, she was replaced by Sixto Esquivias, who served as deputy
commissioner.

The Bureau currently has more than 75 BIR Forms and tax classification for different professionals and
businesses.

Spanish era
During the 17th and 18th centuries, the Contador de' Resultas served as the Chief Royal Accountant whose
functions were similar to the Commissioner of Internal Revenue. He was the Chief Arbitrator whose decisions
on financial matters were final except when revoked by the Council of Indies. During these times, taxes that
were collected from the inhabitants varied from tribute or head tax of one gold maiz annually; tax on value
of jewelries and gold trinkets; indirect taxes on tobacco, wine, cockpits, burlas and powder. From 1521 to
1821, the Spanish treasury had to subsidize the Philippines in the amount of P 250,000.00 per annum due
to the poor financial condition of the country, which can be primarily attributed to the poor revenue collection
system.

American era
In the early American regime from the period 1898 to 1901, the country was ruled by American military
governors. In 1902, the first civil government was established under William H. Taft. However, it was only
during the term of second civil governor Luke E. Wright that the Bureau of Internal Revenue (BIR) was
created through the passage of Reorganization Act No. 1189 dated July 2, 1904. On August 1, 1904, the

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BIR was formally organized and made operational under the Secretary of Finance, Henry Ide (author of the
Internal Revenue Law of 1904), with John S. Hord as the first Collector (Commissioner). The first
organization started with 69 employees, which consisted of a Collector, Vice-Collector, one Chief Clerk, one
Law Clerk, one Records Clerk and three (3) Division Chiefs.

Following the tenure of John S. Hord were three (3) more American collectors, namely: Ellis Cromwell
(1909–1912), William T. Holting (1912–1214) and James J. Rafferty (1914–1918). They were all appointed
by the Governor-General with the approval of the Philippine Commission and the US President.

During the term of Collector Holting, the Bureau had its first reorganization on January 1, 1913 with the
creation of eight (8) divisions, namely: 1) Accounting, 2) Cash, 3) Clerical, 4) Inspection, 5) Law, 6) Real
Estate, 7) License and 8) Records. Collections by the Real Estate and License Divisions were confined to
revenue accruing to the City of Manila.

In line with the Filipinization policy of then US President McKinley, Filipino Collectors were appointed. The
first three (3) BIR Collectors were: Wenceslao Trinidad (1918–1922); Juan Posadas, Jr. (1922–1934) and
Alfredo Yatao (1934–1938).

On May 1921, by virtue of Act No. 299, the Real Estate, License and Cash Divisions were abolished and their
functions were transferred to the City of Manila. As a result of this transfer, the Bureau was left with five
(5) divisions, namely: 1) Administrative, 2) Law, 3) Accounting, 4) Income Tax and 5) Inspection.
Thereafter, the Bureau established the following: 1) the Examiner's Division, formerly the Income Tax
Examiner's Section which was later merged with the Income Tax Division and 2) the Secret Service Section,
which handled the detection and surveillance activities but was later abolished on January 1, 1951. Except
for minor changes and the creation of the Miscellaneous Tax Division in 1939, the Bureau's organization
remained the same from 1921 to 1941.

In 1937, the Secretary of Finance promulgated Regulation No. 95, reorganizing the Provincial Inspection
Districts and maintaining in each province an Internal Revenue Office supervised by a Provincial Agent.

Japanese era
At the outbreak of World War II, under the Japanese regime (1942–1945), the Bureau was combined with
the Customs Office and was headed by a Director of Customs and Internal Revenue.

Post-war era
On July 4, 1946, when the Philippines gained its independence from the United States, the Bureau was
eventually re-established separately. This led to a reorganization on October 1, 1947, by virtue of Executive
Order No. 94, wherein the following were undertaken: 1) the Accounting Unit and the Revenue Accounts
and Statistical Division were merged into one; 2) all records in the Records Section under the Administrative
Division were consolidated; and 3) all legal work were centralized in the Law Division.

Revenue Regulations No. V-2 dated October 23, 1947 divided the country into 31 inspection units, each of
which was under a Provincial Revenue Agent (except in certain special units which were headed by a City
Revenue Agent or supervisors for distilleries and tobacco factories).

The second major reorganization of the Bureau took place on January 1, 1951 through the passage of
Executive Order No. 392. Three (3) new departments were created, namely: 1) Legal, 2) Assessment and
3) Collection. On the latter part of January of the same year, Memorandum Order No. V-188 created the
Withholding Tax Unit, which was placed under the Income Tax Division of the Assessment Department.

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Simultaneously, the implementation of the withholding tax system was adopted by virtue of Republic Act
(RA) 690. This method of collecting income tax upon receipt of the income resulted to the collection of
approximately 25% of the total income tax collected during the said period.

The third major reorganization of the Bureau took effect on March 1, 1954 through Revenue Memorandum
Order (RMO) No. 41. This led to the creation of the following offices: 1) Specific Tax Division, 2) Litigation
Section, 3) Processing Section and the 4) Office of the City Revenue Examiner. By September 1, 1954, a
Training Unit was created through RMO No. V-4-47.

As an initial step towards decentralization, the Bureau created its first 2 Regional Offices in Cebu and in
Davao on July 20, 1955 per RMO No. V-536. Each Regional Office was headed by a Regional Director,
assisted by Chiefs of five (5) Branches, namely: 1) Tax Audit, 2) Collection, 3) Investigation, 4) Legal and
5) Administrative. The creation of the Regional Offices marked the division of the Philippine islands into
three (3) revenue regions.

The Bureau's organizational set-up expanded beginning 1956 in line with the regionalization scheme of the
government. Consequently, the Bureau's Regional Offices increased to (8) eight and later into ten (10) in
1957. The Accounting Machine Branch was also created in each Regional Office.

In January 1957, the position title of the head of the Bureau was changed from Collector to Commissioner.
The last Collector and the first Commissioner of the BIR was Jose Aranas.

A significant step undertaken by the Bureau in 1958 was the establishment of the Tax Census Division and
the corresponding Tax Census Unit for each Regional Office. This was done to consolidate all statements of
assets, incomes and liabilities of all individual and resident corporations in the Philippines into a National
Tax Census.

To strictly enforce the payment of taxes and to further discourage tax evasion, RA No. 233 or the Rewards
Law was passed on June 19, 1959 whereby informers were rewarded the 25% equivalent of the revenue
collected from the tax evader.

In 1964, the Philippines was re-divided anew into 15 regions and 72 inspection districts. The Tobacco
Inspection Board and Accountable Forms Committee were also created directly under the Office of the
Commissioner.

Marcos Administration
The appointment of Misael Vera as Commissioner in 1965 led the Bureau to a "new direction" in tax
administration. The most notable programs implemented were the "Blue Master Program" and the
"Voluntary Tax Compliance Program". The first program was adopted to curb the abuses of both the
taxpayers and BIR personnel, while the second program was designed to encourage professionals in the
private and government sectors to report their true income and to pay the correct amount of taxes.

It was also during Commissioner Vera's administration that the country was further subdivided into 20
Regional Offices and 90 Revenue District Offices, in addition to the creation of various offices which included
the Internal Audit Department (replacing the Inspection Department), Administrative Service Department,
International Tax Affairs Staff and Specific Tax Department.

Providing each taxpayer with a permanent Tax Account Number (TAN) in 1970 not only facilitated the
identification of taxpayers but also resulted to faster verification of tax records. Similarly, the payment of

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taxes through banks (per Executive Order No. 206), as well as the implementation of the package audit
investigation by industry are considered to be important measures which contributed significantly to the
improved collection performance of the Bureau.

The proclamation of Martial Law on September 21, 1972 marked the advent of the New Society and ushered
in a new approach in the developmental efforts of the government. Several tax amnesty decrees issued by
the President were promulgated to enable erring taxpayers to start anew. Organization-wise, the Bureau
had also undergone several changes during the Martial Law period (1972–1980).

In 1976, under Commissioner Efren Plana's administration, the Bureau's National Office transferred from
the Finance Building in Manila to its own 12-storey building in Quezon City, which was inaugurated on June
3, 1977. It was also in the same year that President Marcos promulgated the National Internal Revenue
Code of 1977, which updated the 1934 Tax Code.

On August 1, 1980, the Bureau was further reorganized under the administration of Commissioner Ruben
Ancheta. New offices were created and some organizational units were relocated for the purpose of making
the Bureau more responsive to the needs of the taxpaying public.

C. Aquino Administration
After the People's Revolution in February 1986, a renewed thrust towards an effective tax administration
was pursued by the Bureau. "Operation: Walang Lagay" was launched to promote the efficient and honest
collection of taxes.

On January 30, 1987, the Bureau was reorganized under the administration of Commissioner Bienvenido
Tan, Jr. pursuant to Executive Order (EO) No. 127. Under the said EO, two (2) major functional groups
headed and supervised by a Deputy Commissioner were created, and these were: 1) the Assessment and
Collection Group; and 2) the Legal and Internal Administration Group.

With the advent of the value-added tax (VAT) in 1988, a massive campaign program aimed to promote and
encourage compliance with the requirements of the VAT was launched. The adoption of the VAT system was
one of the structural reforms provided for in the 1986 Tax Reform Program, which was designed to simplify
tax administration and make the tax system more equitable. It was also in 1988 that the Revenue
Information Systems Services Inc. (RISSI) was abolished and transferred back to the BIR by virtue of a
Memorandum Order from the Office of the President dated May 24, 1988. This transfer had implications on
the delivery of the computerization requirements of the Bureau in relation to its functions of tax assessment
and collection.

The entry of Commissioner Jose Ong in 1989 saw the advent of the "Tax Administration Program" which is
the embodiment of the Bureau's mission to improve tax collection and simplify tax administration. The
Program contained several tax reform and enhancement measures, which included the use of the Taxpayer
Identification Number (TIN) and the adoption of the New Payment Control System and Simplified Net Income
Taxation Scheme.

Ramos Administration
The year 1993 marked the entry into the Bureau of its first female Commissioner, Liwayway Vinzons-Chato.
In order to attain the Bureau's vision of transformation, a comprehensive and integrated program known as
the ACTS or Action-Centered Transformation Program was undertaken to realign and direct the entire
organization towards the fulfillment of its vision and mission.

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It was during Commissioner Chato's term that a five-year Tax Computerization Project (TCP) was
undertaken in 1994. This involved the establishment of a modern and computerized Integrated Tax System
and Internal Administration System.

Further streamlining of the BIR was approved on July 1997 through the passage of EO No.430, in order to
support the implementation of the computerized Integrated Tax System. Highlights of the said EO included
the: 1) creation of a fourth Revenue Group in the BIR, which is the Legal and Enforcement Group (headed
by a Deputy Commissioner); and 2) creation of the Internal Affairs Service, Taxpayers Assistance Service,
Information Planning and Quality Service and the Revenue Data Centers.

Estrada Administration
With the advent of President Estrada's administration, a Deputy Commissioner of the BIR, Beethoven Rualo,
was appointed as Commissioner of Internal Revenue. Under his leadership, priority reform measures were
undertaken to enhance voluntary compliance and improve the Bureau's productivity. One of the most
significant reform measures was the implementation of the Economic Recovery Assistance Payment (ERAP)
Program, which granted immunity from audit and investigation to taxpayers who have paid 20% more than
the tax paid in 1997 for income tax, VAT and/or percentage taxes.

In order to encourage and educate consumers/taxpayers to demand sales invoices and receipts, the raffle
promo "Humingi ng Resibo, Manalo ng Libo-Libo" was institutionalized in 1999. The Large Taxpayers
Monitoring System was also established under Commissioner Rualo's administration to closely monitor the
tax compliance of the country's large taxpayers.

The coming of the new millennium ushered in the changing of the guard in the BIR with the appointment of
Dakila Fonacier as the new Commissioner of Internal Revenue. Under his administration, measures that
would enhance taxpayer compliance and deter tax violations were prioritized. The most significant of these
measures include: full utilization of tax computerization in the Bureau's operations; expansion of the use of
electronic Documentary Stamp Tax metering machine and establishment of tie-up with the national
government agencies and local government units for the prompt remittance of withholding taxes; and
implementation of Compromise Settlement Program for taxpayers with outstanding accounts receivable and
disputed assessments with the BIR.

Memoranda of Agreement were also forged with the league of local government units and several private
sector and professional organizations (i.e. MAP, TMAP, PCCI, FFCCCI, etc.) to help the BIR implement tax
campaign initiatives.

In September 1, 2000, the Large Taxpayers Service (LTS) and the Excise Taxpayers Service (ETS) were
established under EO No. 175 to reinforce the tax administration and enforcement capabilities of the BIR.
Shortly after the establishment of said revenue services, a new organizational structure was approved on
October 31, 2001 under EO No. 306 which resulted in the integration of the functions of the ETS and the
LTS.

In line with the passage of the Electronic Commerce Act of 2000 on June 14, the Bureau implemented a Full
Integrated Tax System (ITS) Rollout Acceleration Program to facilitate the full utilization of tax
computerization in the Bureau's operations. Under the Program, seven (7) ITS back-end systems were
released in stages in RR 8 – Makati City and the Large Taxpayers Service.

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Arroyo administration
Following the momentous events of EDSA II in January 2001, newly installed President Gloria Macapagal-
Arroyo appointed a former Deputy Commissioner, Atty. René G. Bañez, as the new Commissioner of Internal
Revenue.

Under Commissioner Bañez's administration, the BIR's thrust was to transform the agency to make it
taxpayer-focused. This was undertaken through the implementation of change initiatives that were directed
to: 1) reform the tax system to make it simpler and suit the Philippine culture; 2) reengineer the tax
processes to make them simpler, more efficient and transparent; 3) restructure the BIR to give it financial
and administrative flexibility; and 4) redesign the human resource policies, systems and procedures to
transform the workforce to be more responsive to taxpayers' needs.

Measures to enhance the Bureau's revenue-generating capability were also implemented, the most notable
of which were the implementation of the Voluntary Assessment Program and Compromise Settlement
Program and expansion of coverage of the creditable withholding tax system. A technology-based system
that promotes the paperless filing of tax returns and payment of taxes was also adopted through the
Electronic Filing and Payment System (eFPS).

With the resignation of Commissioner Bañez on August 19, 2002, Finance Undersecretary Cornelio C. Gison
was designated as interim BIR Commissioner. Eight days later (on August 27, 2002), former Customs
Commissioner, Guillermo L. Parayno, Jr. was appointed as the new Commissioner of Internal Revenue (CIR).

Barely a month since his assumption to duty as the new CIR, Commissioner Parayno offered a Voluntary
Assessment and Abatement Program (VAAP) to taxpayers with under-declared sales/receipts/income. To
enhance the collection performance of the BIR, Commissioner Parayno adopted the use of new systems
such as the Reconciliation of Listings for Enforcement or RELIEF System to detect under-declarations of
taxable income by taxpayers and the electronic broadcasting system to enhance the security of tax
payments. It was also under Commissioner Parayno's administration that the BIR expanded its electronic
services to include the web-based TIN application and processing; electronic raffle of invoices/receipts;
provision of e-payment gateways; e-substituted filing of tax returns and electronic submission of sales
reports. The conduct of special operations on high-profile tax evaders, which resulted to the filing of tax
cases under the Run After Tax Evaders (RATE) Program marked Commissioner Parayno's administration as
well as the conduct of Tax Compliance Verification Drives and accreditation and registration of cash register
machines and point-of-sale machines. To improve taxpayer service, the Bureau also established a BIR
Contact Center in the National Office and eLounges in Regional Offices.

On October 28, 2006, Deputy Commissioner for Legal and Inspection Group, Jose Mario C. Buñag was
appointed as full-fledged Commissioner of Internal Revenue. Under his administration, the Bureau attained
success in a number of key undertakings, which included the expansion of the RATE Program to the Regional
Offices; inclusion of new payment gateways, such as the Efficient Service Machines and the G-Cash and
SMART Money facilities; implementation of the Benchmarking Method and installation of the Bureau's e-
Complaint System, a new e-Service that allows taxpayers to log their complaints against erring revenuers
through the BIR website. The Nationwide Rollout of Computerized Systems (NRCS) was also undertaken to
extend the use of the Bureau's Integrated Tax System across its non-computerized Revenue District Offices.
In 2007, the National Program Support for Tax Administration Reform (NPSTAR), a program funded by
various international development agencies, was launched to improve the BIR efficiency in various areas of
tax administration (i.e. taxpayer compliance, tax enforcement and control, etc.).

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On June 29, 2007, Commissioner Buñag relinquished the top post of the BIR and was replaced by Deputy
Commissioner for Operations Group, Lilian B. Hefti, making her the second lady Commissioner of the BIR.
Commissioner Hefti focused on the strengthening of the use of business intelligence by embarking on data
matching of income payments of withholding agents against the reported income of the concerned
recipients. Information sharing between the BIR and the Local Government Units (LGUs) was also intensified
through the LGU Revenue Assurance System, which aims to uncover fraud and non-payment of taxes. To
enhance the Bureau's audit capabilities, the use of Computer-Assisted Audit Tools and Techniques (CAATTs)
was also introduced in the BIR under her term.

With the resignation of Commissioner Hefti in October 2008, former BIR Deputy Commissioner for Legal and
Enforcement Group, Sixto S. Esquivias IV was appointed as the new Commissioner of Internal Revenue.
Commissioner Esquivias’ administration was marked with the conduct of nationwide closure of erring
business establishments under the “Oplan Kandado” Program. A Taxpayer Feedback Mechanism (through
the eComplaint facility accessible via the BIR Website) was also established under his term where complaints
on erring BIR employees and taxpayers who do not pay taxes and do not issue ORs/invoices can be reported.
In 2009, the Bureau revived its “Handang Maglingkod” Project where the best frontline offices were
recognized for rendering effective taxpayer service.

When Commissioner Esquivias resigned in November 2009, Senior Deputy Commissioner, Joel L. Tan-Torres
assumed the position of Commissioner of Internal Revenue. Under his administration, Commissioner Tan-
Torres pursued a high visibility public awareness campaign on the Bureau's enforcement and taxpayers’
service programs. He institutionalized several programs/projects to improve revenue collections, and these
include Project R.I.P (Rest in Peace); intensified filing of tax evasion cases under the re-invigorated RATE
Program; conduct of Taxpayers Lifestyle Check and development of Industry Champions. Linkages with
various agencies (i.e. LTO, SEC, BLGF, PHALTRA, etc.) were also established through the signing of several
Memoranda of Agreement to improve specific areas of tax administration.

Aquino Administration
Following the election of Benigno S. Aquino III, then Deputy Commissioner Kim S. Jacinto-Henares was
appointed as the new Commissioner. During her first few months in office, she focused on the filing of tax
evasion cases under the RATE Program.

The Bureau of Internal Revenue (Filipino: Kawanihan ng Rentas Internas) is an attached agency of
Department of Finance. BIR collects more than one-half of the total revenues of the government.

Duterte Administration
Rodrigo Duterte signed the Republic Act 10963 or the Tax Reform for Inclusion and Acceleration Act of 2017,
which lowered personal income tax rates but increased taxes on certain goods, leading to a net increase in
revenue. This excess revenue will be used to fund the major expansion in public infrastructure in the country
(see Build! Build! Build! Plan).

New regulations
The Bureau regularly releases regulations, memorandums circulars, and rulings to clarify or change certain
areas of the law.

Some are listed below:

Revenue Regulations No. 18-2012 (Mandating Electronic Registration of Authority to Print)

Revenue Regulation No. 6-2019[8] (Estate Tax Amnesty)

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Land Transportation Office
Vision
A front-line government agency showcasing fast and efficient public service for a progressive land transport
sector.

Mission
Rationalize the land transportation services and facilities and to effectively implement the various
transportation laws, rules and regulations. It is the responsibility of those involved in the public service to
be more vigilant in their part in the over-all development scheme of the national leadership. Hence,
promotion of safety and comfort in land travel is a continuing commitment of the LTO.

Mandate and Functions

The Land Transportation Office (LTO), a sectoral agency of the Department of Transportation (DOTr) by
virtue of Executive Order (E.O) No. 125 and 125A dated 13 April 1987 and E.O No. 226 dated 25 July 1987,
is tasked to register motor vehicles, issue driver's/conductor's licenses and permits, enforce transportation
laws, rules and regulations and adjudicate apprehension cases.

Historical Background

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

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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 sovaldi. 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 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

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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.
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.

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 Assessment Task No. 10

My Weekly Student Journal #4

Directions: Write a minimum of 300-word learning statement about the “Other Law Enforcement
Organizations (Bureau of Immigration, Bureau of Internal Revenue and Land Transportation Office). Write
your journal entry on the space provided below. You may also write your own title. Kindly refer to the
Student Journal Rubric in the succeeding page for you to know and understand what the instructor’s
expectation for the journal entry and how you will be graded.

_________________________________
(Title)

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 Weekly Student Journal Rubric

NOTE: This rubric will be rated by your Instructor only!

Exemplary Accomplished Developing Beginning Points

Content 20-16 15-11 10-6 5-1
Journal Journal Journal Journal lacks
demonstrates a demonstrates demonstrates critical thinking.
high degree of some degree of limited critical Superficial
critical thinking critical thinking in thinking in connections are
in applying, applying, applying, made with key
analyzing, and analyzing, and/or analyzing, and/or course concepts
evaluating key evaluating key evaluating key and course /20
course concepts course concepts course concepts materials,
and theories and theories from and theories from activities, and/or
from readings, readings, readings, assignments
lectures, media, lectures, media, lectures, media,
discussions discussions discussions,
activities, activities, and/or activities, and/or
and/or assignments. assignments.
assignments.
Personal 20-16 15-11 10-6 5-1
Growth Demonstrates Demonstrates Demonstrates Personal growth
significant satisfactory less than and awareness
personal growth personal growth adequate are not evident
and awareness and awareness personal growth and/or
of deeper through some and awareness demonstrates a
meaning inferences made, through few or neutral
through examples, simplistic experience with /20
inferences insights, and inferences made, negligible
made, challenges. examples, personal impact.
examples, well insights, and/or
developed challenges that
insights, and are not well
substantial developed.
depth in
perceptions and
challenges.
Writing 10-8 7-5 4-2 1
Quality Well written and Above average Average and/or Poor writing style
clearly writing style and casual writing lacking in
organized using logically style that is standard English,
standard organized using sometimes clarity, language
English, standard English unclear and/or used, and/or
characterized with minor errors with some errors frequent errors in
by elements of in grammar, in grammar, grammar, /10
a strong writing punctuation, punctuation, punctuation,
style and usage, and usage, and usage, and
basically free spelling. spelling spelling. Needs
from grammar, work.
punctuation,
usage, and
spelling errors.
Total Points /50
Rubric adapted from Denise Kreiger, Instructional Design/Technology Services, SC&I, Rutgers, 4/2014

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 Assessment Task No. 11

Directions: In the law enforcement organizations that has been discussed before (Bureau of Immigration,
Bureau of Internal Revenue and Land Transportation Office) choose only one of it and write a minimum of
300-word discussion about the issues they are currently facing, and make an analysis and pretend that you
are the head of the office and give viable interventions regarding that issues. Write this activity in the space
provided below. Kindly refer to the Rubric in the succeeding page for you to know and understand what the
instructor’s expectation for this activity and how you will be graded.

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 SHORT PAPER DISCUSSION RUBRIC

NOTE: This rubric will be rated by your instructor only.

Category Exemplary Accomplished Developing Beginning Points

Focus 10-8 7-5 4-2 1
-the single controlling point Sharp, distinct Sufficiently No apparent Minimal
made with an awareness of controlling point developed point but Evidence of a
task about a specific topic. made about a content with evidence of a topic. /10
single topic with adequate specific topic.
evident elaboration or
awareness of explanation.
task.
Content 10-8 7-5 4-2 1
-the presence of ideas Substantial, Sufficiently Limited Superficial
developed through facts, specific, and/or developed content with and/or minimal
examples, anecdotes, details, illustrative content with inadequate content.
opinions, statistics, reasons content adequate elaboration or
and/or explanations. demonstrating elaboration or explanation. /10
strong explanation.
development
and
sophisticated
ideas.
Organization 10-8 7-5 4-2 1
-the order developed and Sophisticated Functional Confused or Minimal control
sustained within and across arrangement of arrangement of inconsistent of content
paragraphs using transitional content with content that arrangement arrangement.
devices and including evident and/or sustains a of content with /10
introduction and conclusion. subtle logical order or without
transitions. with some attempts at
evidence of transition.
transitions.
Style 10-8 7-5 4-2 1
-the choice, use and Precise, Generic use of Limited word Minimal variety
arrangement of words and illustrative use variety of words choice and in word choice
sentence structures that create of a variety of and sentence control of and minimal
tone and voice. words and structures that sentence control of
sentence may or may not structures that sentence
structures to create writer’s inhibit voice structures. /10
create voice and tone and tone.
consistent appropriate to
writer’s voice audience.
and tone
appropriate to
audience.
Conventions 10-8 7-5 4-2 1
-Grammars, mechanics, Evident control Sufficient Limited control Minimal control
spelling, usage and sentence of grammar, control of of grammar, of grammar,
formation. mechanics, grammar, mechanics, mechanics,
spelling, usage mechanics, spelling, usage spelling, usage /10
and sentence spelling, usage and sentence and sentence
formation. and sentence formation. formation.
formation.
TOTAL /50

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 Assessment Task No. 12

Directions: Read and analyze carefully the question in each item, and encircle the letter of the correct
answer. One point (1) for each correct answer.

1. It is an agency of Department of Finance and collects more than half of the total revenues of the
government.
a. Bureau of Immigration c. Bureau of Internal Revenue
b. Bureau of Fire Protection D. Bureau of Customs
2. This law is otherwise known as the “Land Transportation and Traffic Code” was enacted abolishing
the Motor Vehicle Office and creating the Land Transportation Commission.
a. RA No. 4136 c. Executive Order 1011
b. Act No. 3992 d. Executive Order No. 125
3. This law is otherwise known as the Tax Reform for Inclusion and Acceleration Act of 2017, which
lowered personal income tax rates but increased taxes on certain goods, leading to a net increase in
revenue.
a. RA No. 4136 c. Executive Order No. 94
b. Executive Order No. 392 d. Republic Act 10963
4. It is primary enforcement arm of the Department of Justice and the President of the Philippines in
ensuring that all foreigners within its territorial jurisdiction comply with existing laws.
a. Bureau of Internal Revenue c. Bureau of Immigration
b. Land Transportation Office d. Department of Tourism
5. During the 17th and 18th centuries, the _________________ served as the Chief Royal Accountant
whose functions were similar to the Commissioner of Internal Revenue. He was the Chief Arbitrator
whose decisions on financial matters were final except when revoked by the Council of Indies.
a. Contador de' Resultas c. Commissioner
b. Secretary of Finance d. Head Commissioner
6. He was appointed as the head of commissioner of the Bureau of Internal Revenue during President
Benigno S. Aquino III administration.
a. Sixto S. Esquivias IV c. Guillermo L. Parayno, Jr
b. Kim S. Jacinto-Henares d. Beethoven Rualo
7. One of the function of this agency is the regulation of the entry (arrival), stay (sojourn), and exit
(departure) of foreigners nationals in the country;
a. Bureau of Internal Revenue c. Bureau of Immigration
b. Land Transportation Office d. Department of Tourism
8. He was the first Collector of Internal Revenue during the American regime.
a. William Taft c. William T. Nolting
b. Luke Wright d. John S. Ford
9. This office is tasked to register motor vehicles, issue driver's/conductor's licenses and permits,
enforce transportation laws, rules and regulations and adjudicate apprehension cases.
a. Bureau of Internal Revenue c. Bureau of Immigration
b. Land Transportation Office d. Department of Tourism
10. He was appointed as the Commissioner of Internal Revenue during the administration of President
Gloria Arroyo.
a. Guillermo L. Parayno, Jr c. Lilian B. Hefti,
b. Jose Mario C. Buñag d. Atty. René G. Bañez

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References

Timpac, T. (2014). Handbook on Police Organization and Administration Second Edition. RMC
Publishing Haus.

Guevarra, R. & Viñas, W. (2015). Police Organization and Administration with Police Planning Second
Edition. Wiseman’s Books Trading, Inc.

Images:

• https://images.app.goo.gl/NNG2ZR85czRBqDAx9
• https://images.app.goo.gl/CBQs2dzcDdNuSNZaA
• https://images.app.goo.gl/avd6VESPcPcHNY92A
• https://images.app.goo.gl/dHz9EWnYwGo1sATs9
• https://images.app.goo.gl/os4bRMtxNfj33Aco6
• https://images.app.goo.gl/PcPmCMKCZSeYpWkq9
• https://images.app.goo.gl/Knwc6vcRPv9ohPcGA
• https://images.app.goo.gl/3i3PdNhc2LjjuUAX9
• https://images.app.goo.gl/6gzdnaCWUjMbdRnJ9
• https://images.app.goo.gl/zSygSRsupYespPKC6
• https://images.app.goo.gl/c3i8NpBScDrsmKws7

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