Law Enforcement Administration Background

Law
- the system of rules that a particular country or community recognizes as regulating the actions
of its members and may enforce by the imposition of penalties.
Enforcement
- means to compel obedience to a law, regulation or command.
Administration
- an organizational process concerned with the implementation of objectives and plans and
internal operating efficiency.
Connotes bureaucratic structure and behavior, relative routine decision-making and
maintenance of the internal order.
Law Enforcement Administration
- the process involved in ensuring strict compliance, proper obedience of laws and related
statutes.
Focuses on the policing process or how law enforcement agencies are organized and
manage in order to achieve the goals of law enforcement most effectively, efficiently and
productively.
Sir Robert Peel
- considered the “father of law enforcement”.
In Bury, Lancashire, on February 5, 1788, the “Father” of modern-day policing was born.
Through his work and studies of public service, Sir Robert Peel developed principles and
policies that have impacted what is considered modern day policing. He created what is
commonly known as the Peelian Principles. While Sir Robert Peel’s principles still stand out in
law enforcement policies today, nine points of policing stand true today.
Sir Robert Peels Nine Principles of Policing
1. The basic mission for which the police exist is to prevent crime and disorder.
2. The ability of the police to perform their duties is dependent upon public approval of
police actions.
3. Police must secure the willing cooperation of the public in voluntary observance of the
law to be able to secure and maintain the respect of the public.
4. The degree of cooperation of the public that can be secured diminishes proportionally to
the necessity of the use of force.
5. Police seek and preserve public favor not by catering to public opinion but by constantly
demonstrating absolute impartial service to the law.
 6. Police use physical force to the extent necessary to secure observance of the law or to
restore order only when the expertise of persuasion, advice and warning is found to be
insufficient.
7. Police at all time should maintain a relationship with the public that gives reality to the
historic tradition; the police are the public and the public are the police. The police being
only full-time individuals charged with the duties that are incumbent on all of the
citizens.
8. Police should always direct their actions strictly towards their functions and never appear
to usurp the powers of the judiciary.
9. The test of police efficiency is the absence of crime and disorder not the visible evidence
of police action in dealing with it.
Starting In 1829, Sir Robert Peel began developing his theory of policing. These nine principles
are as relevant today as they were in the 1800's. Peel established the Metropolitan Police when
he served as Home Secretary of England. Since Sir Robert Peel introduced his principles of
policing in the early 1800's, our country has continued to follow his ideas of effective policing.
Community policing is based on Peel's concept of prevention.
HISTORICAL BACKGROUND OF POLICING
Police forces or Law enforcers have been used for centuries all around the world but
America took particular interest in the English’s policing system. America’s policing ideas and
process began.
The role of police officers is very significant to American and Philippine history. Police
work toward protecting citizens’ rights and helping our country become the land of the free.
The United States of America is built from the U.S. Constitution Bill of Rights and police play
a major role in making sure American rights are met. Evolution has changed many of American
history for the better; policing is part of those changes. As new issues in society arise, police
must change and adapt to protect and serve the public.
HISTORICAL BACKGROUND ON THE EVOLUTION OF THE PHILIPPINE
POLICING SYSTEM.
A. Stages of Philippine Policing System
Historically, the Philippine policing system from its inception to present has been ruled,
structured and organized by different system.
These systems are equally effective as to its respective period of existence. However, there was
one darkest point in the policing history where the police are publicly condemned as unfriendly
and hostile to the community.
These were spurred by the alleged human rights violation, brutality and abuses committed at
that time. On the other hand, the most interesting among the system so far is the traditional type
of police where the public regards as their hero and savior. Above all, knowing the attributes of
each system helps the learner to understand suitable police structure based from the state
declaration and in its vision and mission.
Above all, knowing the attributes of each system helps the learner to understand suitable police
structure based from the state declaration and in its vision and mission.
1. Early Time
No available record of the early or Pre-Spanish policing system. But as far as law is
concerned, the code of Kalantiao and Maragtas had been in the forefront of the early policing
system in the Philippines.
Kalantiao and Maragtas are known rulers of some islands in the archipelago. Rulers in
the country before the Spaniards came are known as Hari, Datu, Sultan and Rajah.
MARAGTAS code is the first law ever written which focuses on the penalty for those who are
lazy.
The Maragtas Code was written by Datu Sumaktel of Panay in 1250 in an example of a written
law.
It was actually written in 1913 by Jose E. Marco as a part of his historical fiction.
The epic story Maragtas was the Code of Kalantiao legendary legal code.
The Code of Rajah Kalantiaw was a supposed legal code in the epic history Maragtas that is
said to have been written in 1433 by Datu Kalantiaw.
Datu kalantiaw is a chief on the island of Negros in the Philippines. It is now generally accepted
by historians that the documents supporting the existence and history of the code, according to
some sources, “appear to be deliberate fabrications with no historical validity".
written in 1913 by a priest named Jose Marco as a part of a historical fiction titled Las antiguas
leyendas de la Isla de Negros (English: The Ancient Legends of the Island of Negros).
In 1990, Philippine historian Teodoro Agoncillo described the code as "a disputed
document." Despite doubts on its authenticity, some history textbooks continue to present it as
historical fact. In 2005, the National Historical Commission of the Philippines officially
recognized Kalantiaw and the Code of Kalantiaw to be a 20th-century fraudulent work by José
Marco with no historical basis.
Code of Kalantiaw was a legendary legal code in the epic story Maragtas.

They have their own method of protecting their citizenry by encouraging all able-bodied
constituents in the community to help these rulers and take part in protecting its citizenry and
crops against enemy and wild animals.
The criminal justice process also at this period solely lies on the hand of these rulers and their
advisers. It was in this period where authorities then informally used the Doctrine of Posse
Comitatus.
This 143-year-old law embodies an American tradition that sees military interference in civilian
affairs as a threat to both democracy and personal liberty. The Posse Comitatus Act bars federal
troops from participating in civilian law enforcement except when expressly authorized by law.
What does the term “posse comitatus” mean?
In British and American law, a posse comitatus is a group of people who are mobilized by the
sheriff to suppress lawlessness in the county.
In any classic Western film, when a lawman gathers a “posse” to pursue the outlaws, they are
forming a posse comitatus. The Posse Comitatus Act is so named because one of the things it
prohibits is using soldiers rather than civilians as a posse comitatus.
The posse comitatus (the Latin word for "power of the county/community/guard"),
frequently shortened to posse, is in common law a group of people mobilized by the
conservator of peace.
Who are these conservators of peace?
These conservators of peace typically, a reeve, sheriff, chief, or another special/regional
designee like an officer of the peace potentially accompanied by or with the direction of a
justice or adjudged prejudicial process given the imminence of actual damage – to suppress
lawlessness, defend the people, or otherwise protect the place, property, and public welfare.
The posse comitatus as an English jurisprudentially defined doctrine dates back to ninth-century
England and the campaigns of Alfred the Great (and before in ancient custom and law of locally
martialed forces) simultaneous thereafter with the officiation of sheriff nomination to keep the
regnant peace (known as "the queen/king's peace"). Here must be a lawful reason for a posse,
which can never be used for lawlessness.
This Doctrine of Posse Comitatus eventually served as the forerunner of the Contemporary
Patrol function of the Police for Crime Prevention.
Inclusion of the Doctrine under the Law
Basically, the doctrine of Posse Comitatus was adopted in Section 2275, Book III, Title IX,
Article XI of the Revised Administrative Code of the Philippines, approved on March 10, 1917.
THE EVOLUTION OF THE POLICE ORGANIZATION IN THE PHILIPPINES The police
under the Philippine settings primitively evolved from the practice of different tribes to select
able-bodied young men to protect their villages, not from the assault of criminals, but from the
depredation of wild animal which prey on their livestock.
Section 2275, Book III, Title IX, Article XI, Revised Administrative Code of the Philippines,
March10, 1917, provides; Requirements of police service or patrol duty from male residents –
between the age of 18 to 55 years old to assist, for a period not exceeding five days in any
month.
Further, Section 4, Article II of the 1987 Constitution provides that ―The prime duty of the
government is to serve and protect the people. The government may call upon the people to
defend the state and, in the fulfillment thereof, all citizens may be required, under conditions
provided by law, to render personal military or civil service.
Posse Comitatus Revisited: The Use of the Military in Civil Law Enforcement
The Posse Comitatus Act of 1878, which removed the military from regular civil law
enforcement, was enacted in response to the abuses resulting from the extensive use of the army
in civil law enforcement during the Civil War and the Reconstruction. The Act allows legislated
exceptions.
2. Spanish Era
Members of the police force during Spanish time are under the Governor
General.

The Police organization during the Spanish period are:

a. Cuadrillos
b. Carabineros de Seguridad Publica
c. Guardia Civil
d. Guardia Civil Beterana
Spanish Regime Police functions during the Spanish Regime consist mainly of the following:
(a) the suppression of brigandage by patrolling unpacified areas; (b) the detection of local or
petty uprisings by spying upon the work and movements of the people; and (c) the enforcement
of tax collection including church revenues.
The Cuadrillos or Guardrilleros: this was a body of rural police organized in each town and
established by the Royal decree of January 8, 1836. This act provides that 5% of the able
bodied-male residents of each town were to be enlisted in this Police Organization for three
years. At first, they were armed with lance, spare and bolos but later on they were allowed to
use firearms, most of which were, however, muzzle loading rifles. They were compensated for
at least P3.00 a month for 3 years while other progressive provinces received P4.00 to P5.00 a
month.
The Cuadrilleros (1836). It was a body of police organized in each town during the Spanish
Regime. The Royal Decree which established it provided that five percent of the able-bodied
male inhabitants of each province was to be enlisted in this organization for three years. The
duties consisted of maintaining peace and order in the towns, patrolling, guarding the tribunal
and prison cells, and other odd duties in the town. Each member of the organization in each
town were formed into company. Administered like a military unit, having officers of different
ranks and enlisted men of different grades.
LANCE
a long weapon for thrusting, having a wooden shaft and a pointed steel head, formerly
used by a horseman in charging.
Basic Functions:
 They act as messenger.
 To guard dark and unsafe places.
 To make patrol.
 To guard the municipal buildings and halls.
 Prison Guard.

The Carabineros de Seguridad Publica: this was organized in 1712 for the purpose of
carrying out the regulations of the department of state. It was armed, as its name indicates with
carbines. In 1781, it was given the special commission of government custodies of the tobacco
monopoly. By Royal decree of December 20, 1842, it was organized and called Cuerpo de
Carabineros de Seguridad Publica (Corps of Carabines for Public Safety). This was the 1st
group to be arm with rifle in the history of Philippine Police System.

Carabineros de Seguridad Publica (1712). Armed with carbines, this police body was organized
for the purpose of carrying out the regulations of the department of State. It became police-like
when reorganized and named Cuerpo de SeguridadPublica (Corps of Carrabineros for Public
Security). Its specific duties were watching and guarding the custom houses, rivers, seacoasts,
tobacco warehouses and the prevention of entry of contraband. It developed into a more special
kind of police for land and sea.

CARBINE
A firearm similar to a lightweight rifle but with a shorter barrel. A short rifle or musket
used by cavalry.
The Guardia Civil: this 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. It
consisted of a body of Filipino policemen organized originally in each of the provincial capitals
of the central province of Luzon under the Alkalde. This semi military police institution was
armed as the Spanish Infantry, very Martial in Appearance because of its bright and showy
uniform and distinctly prominent insignia, plus a rigidly maintained military bearing.
The Guardia Civil (1852). This police institution was created to partially relieve the colonial
army troops of their work in policing the towns. But since those duties were not wholly police
in nature, it did not advance the development of the local police. On the contrary, being a part
of the army in fact, it strengthened the old doctrine of military control in civil affairs. It was
very military in organization and control in the same way that the Philippine Constabulary is
built and administered.
As national police body the Guardia Civil was instrumental in checking highway robbery to a
certain extent. Its utility, however, was impaired for it was misused in apprehending political
offenders, in detecting the enemies of the church, and in framing up cases to compromise
persons who were persona-non-grata to the ruling power or to the henchman of the church
authorities. So, it was hated and feared by all: rightly feared by the outlaws and hated by the
peaceful citizens.
The Revolutionary Government Period When the Filipinos revolted against the Spanish rule,
the Insurrectos emerged to exercise police authority over the areas within their jurisdiction.
With their de facto government they imposed taxation, military conscription and was
responsible for the peace and order situation in general.

The Guardia Civil Beterana: In 1860, Manila has established a local police force composed
partially of non-military personnel. This was in line with Spanish reform in colonial civil
administration. The significant police reform was the division of the city into three (3) police
districts with a “Comisario” (Deputy of Police) which rendered service on the call of the local
authorities, Manila by that time had two (2) police bodies, namely: The Cuerpo de” Vigilancia
Publica” and “The Torcio Civil de Manila” in 1872, both police bodies were abolished and their
stead was established the “Guardia Civil Beterana”. This police organization was patterned after
the Guardia Civil.
 The Spanish Government ceded the Philippines to the United States in December 10, 1898.
 The Schurman Commission offered to Gen. Emilio Aguinaldo on May 4, 1899 a plan of
self-government. One important point is the self-policing system in the Philippines.

3. American Regime

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

The first American occupation in the Philippines that came after the Filipino-American War
(1898 to 1901) was followed by a period of political turmoil and social imbalance.
1. INSULAR POLICE FORCE
- was established on November 30, 1890 during the Filipino-American war (1898-1901)
upon the recommendation of the Philippine Commission to the Secretary of War.

2. INSULAR CONSTABULARY
- was created on July 18, 1901 by virtue of Act Nr. 175titled as “An Act Providing for the
Organization and Government of an Insular Constabulary”.
3. MANILA POLICE DEPARTMENT (MPD)
 - was organized on July 31, 1901 by virtue of Act Nr. 183 of the Philippine Commission.
The 1st Chief of Police was Capt. George Curry, a US Army officer appointed by the TAFT
COMMISSION on August 7, 1901. Capt. Columbus Piatt was the last American COP of MPD
before WW II broke out.

Capt. George Curry

The 1st Chief of Police was Capt. George Curry, a
US Army officer appointed by the TAFT
COMMISSION on August 7, 1901.

Capt. Columbus Piatt

He was the last American COP of Manila Police D
before WW II broke out.

 Goldenberg Mansion = initial headquarters of

MPD located along Gen. Solano St., San Miguel, Manila and then moved to Manila City
Hall where it stayed until 1945 and after WWII in United Nations where it stands today.
 1978 = MPD underwent another transformations with its integration into the Integrated
National Police (INP)
 1986 = MPD further evolved into the Western Police District (WPD) Command
 January 21, 1901 → when the Department of Public Instruction was created. This department
became the basis of the United States in creating the Western Police District (WPD) to police
Manila.
 July 31, 1901 → by virtue of Act No.183, the Western Police District was created which is
famously known as the Manila Police Department and eventually called as the Manila’s
Finest.
 The Police Force was placed under the direct supervision of the Governor.
Western Police District (WPD) Command
 Captain George Curry = first chief of Police of Manila
The 1st Chief of Police for WPD was Capt. George Eastman Currey.
 Col. Antonio C. Torres = first Filipino Police Chief
 December 8, 1941 = Col. Torres declared Manila as an open city
 Col. Lamberto T. Javalera = first Filipino Chief of Police of Manila, appointed by Pres.
Manuel Roxas
 1939 – the Manila Police District introduced the bicycle patrol.
 March 17, 1954 – Automobile Patrol was introduced in Metro Manila.
 Isaias Alma Jose – first chief of Mobile Patrol of MPD

Col. Lamberto T. Javalera

He was the first Filipino Chief of Police of Manila,
appointed by Pres. Manuel Roxas.

 July 20, 2005 = WPD was renamed Manila

Police District pursuant to General Order 05.
 Another important event that transpired on August 01, 1901 was the creation of the
Philippine Constabulary, which was considered as the 1st Insular Police Force in the
country.
 On the other hand, the Revised Administrative Code of the Philippines was approved on
March 20, 1917. Section 2275, Title IX, Book III of the Code provides for the creation of
Policemen in any City or Municipality thru the approval of the Provincial Governor if a
town is infested with:
1. Outlaws;
2. Lawbreakers; and
3. Suspicious looking characters.
For this purpose, services of Military Force are not allowed.
Metropolitan Police Force (MPF)
 established as the police force in Manila on January 9, 1901.
 Gen. Arthur McArthur (Father of Douglas MacArthur) = first District Director of MPF
 July 31, 1901 = MPF evolved into Manila Police Department (MPD)

OTHER IMPORTANT DATES IN THE EVOLUTION OF PHILIPPINE POLICING

 November 3, 1900– the base of police organization was approved.
 January 9, 1901– Metropolitan Police Force now known as the Manila Police District was
established, its first Chief of Police was General Arthur McArthur (father of Gen Douglas
McArthur).
 July 4, 1901 William H. Taft was inaugurated as the First Civil Governor of the
Philippines. He felt the need of the police force under his supervision upon assuming the
responsibility of civil government.

General Arthur McArthur

He is the father of Gen Douglas McArthur.

He is the first Chief of Police when
Metropolitan Force now known as Manila
Police District was established.

William Howard Taft

William H. Taft was inaugurated as the First Civil
Governor of the Philippines on July 4, 1901. He
felt the need of the police force under his
supervision upon assuming the responsibility of
civil government.
He was an American politician and lawyer who was
the 27th president of the United States (1909–
1913) and the tenth chief justice of the United States (1921–1930), the only person to have held
both offices.

 July 18, 1901- Act 175 was approved providing to the organization of Insular
Constabulary
 July 31, 1901- the MPF evolved into Manila Police Department - founded by Gov. Taft.
 October 3, 1901– the Insular Constabulary was changed to Philippine constabulary.
 1935 -The Manila Police Department became an all-Filipino organization with the
appointment of Col. Antonio C. Torres as the first Filipino Chief of Police.
 January 2, 1941 the Japanese forces invaded Manila Police and the Japanese military
police known as the “KEMPETAI” took the role police.
 February 7, 1941, Manuel A. Roxas become the first President of the Republic.
Appointed Col. Lambert T. Javalera, a retired PC Officer, as his first Filipino Chief of
Police for Manila.
 Thus, within the span of forty-four years from1901 to 1945, the American police system
was the lifestyle of Philippine policing.
 August 8, 1975 – PD 765constituted the Integrated National Police with the Philippine
Constabulary as nucleus.
 August 26, 1977 - PD 1184– Integrated National Police Personnel Professionalization
law of 1977
 December 13, 1990 - RA 6975– An Act establishing the Philippine National Police under
a reorganized DILG.
 February 25, 1998 - RA 8551– An Act providing the reform and reorganization of the
Philippine national Police.
4. On October 3, 1901, the Insular Constabulary was changed to PHILIPPINE
CONSTABULARY (PC) by virtue of Act Nr. 255. Capt. Henry T. Allen was the 1st Chief of
the Philippine Constabulary. He was the PC Chief from 1901 to 1907 such that he was called as
the Father of Constabulary in the Philippines. The PC was manned mostly by Filipinos but
officers were mostly Americans.

5. REVISED ADMINISTRATIVE CODE OF 1917 was approved a year before World War I
(August 1914 to November 1918) ended. In Section 825 of this law, it stated that the Philippine
Constabulary is a national police institution for preserving the peace keeping order and
enforcing the law. Brig/Gen. Rafael Crame became the first Filipino Chief of Police. He served
as the PC Chief from 1917-1927.

6. On January 1, 1932 Act Nr. 3815, otherwise known as the Revised Penal Code of the
Philippines took effect.
7. In November 1938, Act Nr. 181 required the creation of a Bureau of Investigation. This
agency should be the modification of the Division of Investigation from the Department of
Justice. Finally, on June 19, 1947, Republic Act Nr. 157was enacted which created the National
Bureau of Investigation.
IMPORTANT FILIPINO PERSONALITIES IN THE EVOLUTION OF PHILIPPINE
POLICING
BRIG GEN RAFAEL CRAME
→ The first Filipino chief of the Philippine Constabulary in 1917.
COL ANTONIO TORRES
→ The first Filipino Chief of Police of the Manila Police Department in 1935.
The 1st Filipino COP when Manila Police Department became an all-Filipino police
organization was Col. Antonio C. Torres. And he was the one who declared Manila as an open
city when World War II broke-out in 1941; and during the World War II, Manila police was
placed again under the American control.
COL LAMBERTO JAVALERA
→ The first chief of police of the Manila Police Department after the Philippine Independence
from the United States of America in 1946.
Col. Lamberto T. Javalera was the 1st Filipino Chief of Police of Manila Police Department
appointed by Pres. Roxas under the Republic Government.
(Rafael Crame: First Chief of Philippine Police)
In February 1986, at the height of the EDSA People Power
Revolution, Camp Crame became the focal point of events as
then-Defense Minister Juan Ponce Enrile and then-AFP Vice
Chief of Staff Gen. Fidel V. Ramos consolidated their forces at
the police headquarters. These days, any mention of “Crame”
automatically brings to mind the Philippine National Police
Headquarters, but hardly anyone remembers who it was named
after and why.

Rafael Perez de Tagle Crame, was the first Filipino chief of

police in the Philippines, which, at the time, was called
Philippine Constabulary. He was the grandson of the former governor-general of the
Philippines, Joaquín Rafael de Crame, who ruled the country in 1835.
Rafael Crame: First Chief of Philippine Police
The Philippine Constabulary or PC succeeded the Guardia Civil and was the forerunner of the
Philippine National Police. Crame became the first Filipino chief of police in December 1917.
At the time, he held the rank of brigadier general.
As chief of police, Crame was instrumental in numerous victories against rebels and syndicates.
According to Almario, his name rose above the rest when he successfully led a vigorous
campaign against entrenched criminal lords in the provinces who ran crime syndicates. Crame
was also instrumental in subduing a mutiny in Manila in 1921.
COL ANTONIO TORRES

The 1st Filipino COP when Manila Police

Department became an all-Filipino police
organization was Col. Antonio C. Torres. And
he was the one who declared Manila as an open
city when World War II broke-out in 1941; and
during the World War II, Manila police was
placed again under the American control.

P/DIR GEN CESAR NAZARENO

→ The first chief of the Philippine National
Police.
Col. Marcus Ellis Jones – a U.S. Provost Marshall who was named as MPD COP just after the
Manila Liberation.

P/DIR GEN CESAR PARDO NAZARENO

He was the first chief of the Philippine National
Police.

CAPTAIN HENRY TUREMAN ALLEN

He was the 1st Chief of the Philippine Constabulary from 1901 to 1907 such that he was called
as the Father of Constabulary in the Philippines. The PC was manned mostly by Filipinos but
officers were mostly Americans.

CAPTAIN HENRY T. ALLEN “Father of the Philippine Constabulary”

This image was during the

year 1901 wherein you can
see Captain Henry T. Allen
together with the Philippine
Constabulary

As for you to know the

origin of Captain Henry T.
Allen, he of the 6th U.S
Cavalry (meaning he is a
regiment of the United
States Army that began as a
regiment of cavalry in
the American Civil War).

He is a Kentucky-born
graduate of West Point (Class 1882). And he was named as the Chief of the Force, and
was later dubbed as the “Father of the Philippine Constabulary”.
After the World War II, what laws were enacted relevant to the development of police
service in the Philippines?

1. In 1960, Republic Act Nr. 2678 was enacted and this law provided the expansion and
reorganization of the NBI. This law established that the NBI is both an investigative and
research service agency.
2. On January 1, 1964, the RULES OF COURT took effect. This procedural law was
construed in order to promote the broad objective of the criminal justice system.
And to assist the parties in obtaining just, speedy and inexpensive determination of every legal
action and proceeding.
3. On September 18, 1966, Republic Act Nr. 4864 otherwise known as POLICE ACT OF
1966 was enacted. The law created the office of the POLICE COMMISSION (which was later
called National Police Commission under the Office of the President. Originally, the
NAPOLCOM was created as a supervisory agency to the PC. Its function was to oversee the
training and professionalization of the local police forces. Through this law, reformation and
professionalization of the police service gained official recognition.
4. On August 8, 1975, Presidential Decree Nr. 765 was enacted and stipulated that the Office
of the NAPOLCOM should be under the office of the Ministry of National Defense. It defined
also the relationship between the Integrated National Police and the Philippine Constabulary.
This was in compliance with the provision of Section 12, Article 15 of the 1973 Philippine
Constitution.
5. On December 13, 1990, Republic Act Nr. 6975 was approved by then President Corazon
Aquino. This law was known as the DILG Act of 1990 but it was also recognized later as the
PNP Law of 1991.This law created the Philippine National Police and declared it to be the only
police force of the country with national in scope and civilian in character.
Republic Act 6975 entitled An Act Establishing the Philippine National Police under a
reorganized Department of the Interior and Local Government and Other Purposes. This act
shall be known as the “Department of the Interior and Local Government Act of 1990”. This act
was amended by RA 8551 Philippine National Police Reform and Reorganization Act of 1998
and further amended by RA 9708.
It is hereby declared the policy of the State to establish a highly efficient and competent police
force which is national in scope and civilian in character administered and controlled by a
national police commission.
CIVILIAN IN CHARACTER
• means that that the PNP is not a part of the military, although it retains some military
attributes such as discipline POWERS AND FUNCTIONS OF THE PNP
means that the PNP is a nationwide government organization whose jurisdiction covers the
entire breadth of the Philippine archipelago all uniformed and non-uniformed personnel of the
PNP are national government employees
6. On February 25, 1998, Republic Act Nr. 6975 provisions concerning the PNP were
amended when President Fidel Ramos approved Republic Act Nr. 8551. Republic Act Nr. 8551,
known as the PNP Reform and Reorganization Act of 1998, reorganized the PNP for the
purpose of reforming and professionalizing it.
4. Japanese Invasion
As a result of World War II, on January 2, 1942 the Japanese Imperial Force captured Manila
and WPD was re-named Metropolitan Constabulary under the Japanese Military Police
(KEMPETAI) which eventually supplanted all types of Police Forces.
The Kempeitai, translated as Military Police Corps. They served as the military police of the
Japanese Army from 1881 –1945. It draws parallels with Nazi Germany’s Gestapo, in that it
was a secret police force rather than overt operation. The Kempeitai was not restricted to the
army, but also worked for the Imperial Japanese Navy (IJN). However, the IJN had its own,
similar force: the Tokkeitai (contraction of Tokubetsu Keisatsutai), "Special Police Corps"; the
Naval Secret Police. Those who were part of the Kempeitai were called a “kempei”, meaning
“military police”.
The Kempeitai formed in 1881 under the decree “Kempei Ordinance”, which was modelled on
the Gendarmerie of France. Their code of conduct was known as the “Kempei Rei” in 1898
—“rei” roughly meaning “example”.
5. Re-occupation by the Americans
True to his words “I shall return,” Gen. Douglas Mc Arthur returned to the Philippines on
February 7, 1945. Shortly after liberation, all police forces were again reconstituted including
WPD and placed under the leadership of Col. Marcus Ellis Jones.
6. Other Pertinent Laws creating Policing System in the Philippines:
1. R.A. No. 541 - This Law was created to improve the Police Service and Administration, it is
also known as the Police Pension Law, but later said law was proved to be defective that
contributed more problems and conflict in the policing system.
2. R.A. No. 4864 - This Law was passed on September 8, 1966 and is otherwise known as the
Police Act of 1966. It was passed and approved by Congress with the end in view of
professionalizing the police service which serves as the code of all local police departments in
the country, some of its pertinent provisions reads:
“Sec. 2. Purpose – It is hereby declared to be the policy and purpose of this Act to achieve and
attain a high degree of efficiency with the end in view that peace and order may be maintained
more effectively and the laws enforced with more impartiality. It is also the object of this Act to
place the local police service on a professional level.”
One of the most significant provisions of RA 4864 is Section 7 which specifically define the
duties of peace officers expressly provide that:
“Sec. 7. Duties of Peace officers – All members of the police agency shall be PEACE
OFFICERS. It shall be their duty to preserve peace and order; prevent the commission of
crimes; protect life, liberty and property; and arrest all violators of laws and ordinances within
their jurisdiction.
They shall exercise the general powers to make arrest, searches and seizures IN
ACCORDANCE WITH LAW. They shall detain an arrested person only within the period
prescribed by law.”
By virtue of this provisions, the local police agencies were expressly granted the authority in
law as PEACE OFFICERS so lawfully exercise general police powers limited within their
respective jurisdiction.
Some of the features of this law are:
 The Local Police is still under local executives but the salaries are subsidized by the
Government,
 It created the Police Commission (Now NAPOLCOM)
 It provided standard qualification and training for the service.

3. Amendatory Laws of RA No. 4864

Subsequent Presidential Decrees were issued amending and modifying RA No. 4864 to suit the
needs of those who are close to the Palace. On the 21st day of March 1974, Presidential
Decree No. 421 was issued modifying and/or repealing certain pertinent provisions of the
Revised Administrative Code, further amending RA No. 4864, the provisions of the city charter
of Manila, Quezon, Caloocan, and Pasay, as well as all existing laws, rules and regulations
governing the police force in the country.

By express mandate of PD 421, the Metropolitan Police Force (MPF) was formed and created
whose officers and men are regular members of the Philippine Constabulary. The four cities and
thirteen municipalities comprising Greater Manila Area (GMA) at that time were place under
the exclusive military and police authority of the MPF.

The real plan however was to utilize Greater Manila Area as an experimental ground to test the
propriety and effectiveness of integrating all the police agencies in the country into one
Integrated National Police.

It would seem that the military authorities were then anticipating that officers and men of the
different local police agencies may possibly band together and rebel against the dictatorship. To
thwart the possibility, it was decided to integrate them under the direct control and supervision
of the Philippine Constabulary.

On the 13th day of June 1974, PD No, 482 was issued, the principal purpose of which
(“purportedly”) is to bolster the entire police agencies in the country (2nd, 3rd and 4th
paragraphs, pd no. 482). as distinguished from pd 421, pd 482 specifically lodged to the
Philippine Constabulary the powers of direct control, direction & supervision over the
provincial integrated police forces (1st sentence, sec. 4, supra.). Several presidential decrees
were subsequently issued complementing, modifying and/or amending other existing PDs.

4. Proclamation No. 1081

By virtue of this proclamation, the entire Nation was declared under Martial Law in September
1972. Three (3) years after the declaration of Martial Law, President Ferdinand E. Marcos felt
the need to have a new type of Police Force to augment with what he referred to as the New
Society. For this purpose, he signed Presidential Decree No. 765 on the 8th day of August,
1975.
Presidential Decree No. 765

This is otherwise known as the Police Integration Law of 1975 or most popularly known as the
PC/INP Law. The Organizational structure of which is Semi-Military, and Semi-Civilian. The
organization retained its Military attribute since the Philippine Constabulary— being the
Nucleus belongs to a Military Organization, in fact, it is one among the then (4) branches of
Armed Forces of the Philippines, namely:
1. Philippine Air Force
2. Philippine Army
3. Philippine Constabulary
4. Philippine Navy

The issuance of PD 765 somehow finds constitutional basis under Section 9, Article XIV of the
1935 Constitution which expressly provides: “Section 9 – The government shall organize and
maintain as national police force to preserve the public order and enforce the law.”

Observe the language of the law. “The Constitutional duty of the INP under the 1935
Constitution is merely to preserve public order and enforce the law. To defend and protect the
people were not included thereto as distinguished from the 1987 Constitution.”

Excerpts from the said Presidential Decree read as follows:

“Section 1. – Constitution of the Integrated National Police – There is hereby established and
constituted the Integrated National Police which shall be composed of the Philippine
Constabulary as the NUCLEUS and the Integrated (National) Police Forces established under
the Department of National Defense.”

The word composed as provided in that provision of law makes the Philippine Constabulary a
cohesive part of the INP. It became the central point of authority, even as it remained as one of
the major services of the Armed Forces of the Philippines (Section 5, PD 765).

While the previously mentioned Military organizations are under the Department of National
Defense and said department belongs to the executive branch of government, their functional
concern is more on National Security (Both Internal and External) and Insurgency Problem.

On the other hand, the PC/INP organization is also considered civilian because the Integrated
National Police, consists of Civilian components namely:
1. The Police Force
2. The Fire Fighting Force
3. The Jail Force
Some of the important innovations introduced by the law are:
1. All components are considered as national employees
2. There is standardized system on recruitment
3. While the local executives retain some control over police assigned in their locality, they
have no power to hire or fire any member.

V. POLICE IN THE MODERN WORLD

The police form part of a nation’s criminal justice system (CJS), which also includes the courts
and correctional institutions. In this sense, the police are called law enforcers. In the CJS, they
compose the law-enforcement pillar.