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Lea 111

The document outlines the basic functions of the police, including crime prevention, crime control, and regulation of non-criminal conduct, along with the general categories of police activities such as primary, secondary, and administrative functions. It details the organizational principles of police, including division of work, span of control, and unity of command, as well as the structure and qualifications of the Philippine National Police and the National Police Commission. Additionally, it discusses the attrition and promotion systems within the PNP, including requirements for appointment and various types of promotions.

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0% found this document useful (0 votes)
18 views17 pages

Lea 111

The document outlines the basic functions of the police, including crime prevention, crime control, and regulation of non-criminal conduct, along with the general categories of police activities such as primary, secondary, and administrative functions. It details the organizational principles of police, including division of work, span of control, and unity of command, as well as the structure and qualifications of the Philippine National Police and the National Police Commission. Additionally, it discusses the attrition and promotion systems within the PNP, including requirements for appointment and various types of promotions.

Uploaded by

meericsandra
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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What are the Basic Functions of the Police?

Crime Prevention-
 This is the function of the police which is directed in eliminating or reducing the desire
to commit crime
 In crime prevention, coordination of criminal justice agencies and other sectors of the
society is required

Crime Control-
 It refers to a control or neutralization of criminal activity
 The key of crime control is the proper enforcement of the provisions of the Revised
Penal Code and Specials laws
Regulations and Control of Non-Criminal Conduct-
 It concerned with the maintenance of order by enforcing rules, regulations, and
ordinances

The General Categories of Police Activities:


Primary or Line Functions of the Police-
 These refers to patrol work, traffic control/management, criminal investigation,
juvenile and vice control
 Intelligence work is considered as line function
 This primary task of the police should achieve the police objectives
Secondary or the Auxiliary Functions of the Police-
 These police functions responsible on transportation, communication, property supply,
records and identification, laboratory, jail and custody maintenance
 These tasks of the police will assist and effectively support the primary task of the
police in the accomplishment of the police objectives
Administrative or Managerial Functions of the Police-
 These include police personnel management, intelligence, inspection, planning acting
activities, budgeting, training, and public relations
 These tasks should assist and effectively support the primary and secondary police
tasks/functions in the attainment of the objectives

Concept and Principles of Police Organization:


Division of Work-
 A division of tasks among the various units or groups according to some logical plan.
 The task is divided according functions, time schedule, territorial units, specialization,
and other aspects to avoid duplication of functions and friction among various units
Span of Control-
 This is the extent of direction, coordination and control over immediate subordinates
 The span of control of a supervisor over personnel or units shall not be more than
what he can effectively direct and coordinate.
 Span control is based on the assumption that there is a limit to the number of
individuals that one person can effectively supervise.
 The control of personnel must be based on the complexity of the work performed, the
skills, training and experience of personnel, the degree of specialization involve in the
work, and the knowledge, skills and experience of the supervisor.

Unity of Command-
 Every members of the police department shall be under the immediate control of one
and only one person.
 This principle is based on the belief that an individual should be responsible to one and
only one person at any given time at any given situation.

Chain of Command-
 This is a line or chain of superiors from top to bottom
 It determines the specific persons in the chain of command from the first level
supervisor to the chief of police, must be given an opportunity to deal with those
incidents for which they are responsible.

Delegation of Authority-
 It is the authority of the Chief to delegate the subordinates
 The responsibility for a function shall carry with it commensurate authority

Integration and Coordination-


 The efforts of the different units must be coordinated and integrated so as to
accomplish a harmonious progress towards the primary objectives of the of the
police.
 More specialized units are needed for integration and coordination of personnel

Command Responsibility-
 The commander is directly responsible for any acts or omission of his subordinates in
relation to the performance of their official duties.

The Philippine Constabulary:


 1901- The year that the Philippine Constabulary was formally inaugurated by Capt
Henry Allen. With 2,500 personnel
 The tasked of the PC is to maintain peace and order, and to suppress rebellion in the
territory
 1917- Brig. Gen Rafael Crame was appointed as the first Filipino chief of the Philippine
Constabulary for (10) years

National Police Commission, General Qualification for Appointment,


Waiver Program, Appointing Authorities, and Attrition System of the
PNP

National Police Commission(NAPOLCOM)


Creation of National Police Commission
 RA 4864 which was approved on Sept. 12, 1966, creating Police commission
 POLCOM as an advisory body to the President on all matters affecting local police
administration
 Due to government organization plan, the Commission became the National Police
Commission

Constitutional Provision Related to the Creation of the PNP

The State shall establish and maintain one police force, which shall be the national in
scope and civilian in character to administered and controlled by National Police Commission,
the authority of the local executives over the police units in their jurisdiction shall be provided
by law. (Section 6 of Article XVI of the 1987 Philippine Constitution).

The National Police Commission (NAPOLCOM)-


 NAPOLCOM is the agency attached to the DILG for policy and program coordination
 The power of the NAPOLCOM is to exercise administrative control and operational
supervision over the PNP
 The NAPOLCOM offices are national, regional, and provincial.
 The national office is located Makati city headed by the Vice-Chairperson as the
Executive Officer
 The regional office is headed by a Director.
 The provincial office is headed by a Provincial officer.

NAPOLCOM Composition:
DILG Secretary – Ex. Officio Chairman

PNP Chief- Ex. Officio Member

There are Four (4) Regular Commissioners of the NAPOLCOM:


One will be designated as vice chairman and Executive officer of the NAPOLCOM
Three (3) Commissioners shall come from civilian sector
One (1) Commissioner shall come from the law enforcement sector
One of the (4) four regular commissioners shall be a woman

Note: The four regular and full-time Commissioners of NAPOLCOM shall be appointed by the
President for a term of (6) six years without re-appointment or extension.

Qualifications of NAPOLCOM Regular Commissioners:


Citizens of the Philippines
A member of the Philippine bar with at least (5) years’ experience in handling criminal and
human rights cases or holder of master’s degree in public administration, sociology,
criminology, criminal justice, and law enforcement.
The regular member coming from the law enforcement sector should have practical
experience in law enforcement work for at least (5) years while the (3) other regular
commissioners must have done extensive research work or project on law enforcement,
criminology, criminal justice or members of the NGO involved in promotion of peace and order

Qualifications of the NAPOLCOM Regional Directors:


He and she is a citizen of the Philippines
A master’s degree and appropriate civil service eligibility holder

The role of the PNP on Counter-Insurgency Functions:


 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 .
 In times of emergency, upon the direction of the President shall call on the PNP to
support the Armed Forces in meeting the national emergency.

Under Sec. 2 of RA 8551:


 The PNP shall be a community and service oriented agency
 Responsible for the maintenance of peace and order and public safety
II. General Qualification for Appointment in PNP:
Citizen of the Philippines
Person of good moral conduct
Must be passed the psychiatric/psychological, drug test and physical test
Must possess a formal baccalaureate degree from a recognized learning institution
Must be eligible in accordance with the standards set by the NAPOLCOM.
Must not have been dishonorably discharged from military employment or dismissed for cause
from any civilian position in government
Must have been convicted by final judgement of an offense or crime involving moral turpitude
must not less than (21) years old, nor more than (30) years of age
Must be at least 1.62 centimeters (5’4” in height for male and 1.57 (5’2”) centimeters for
female

Waiver Programs of the Philippine National Police:


 The age, height, weight, and educational requirements (AHWE) for initial
appointments to the PNP may waived
Note: The NAPOLCOM en banc per recommendation of the Committee on Waiver may issue
a waiver after considering the following:
The number of qualified applicants falls below the minimum annual quota
Endorsement of the Chief PNP
Outstanding accomplishment or special skills possession of special skills in law enforcement,
police work, martial arts, and similar skills. Special talents in the field of sports, music, extensive
experiences of training in forensic science and other technical skills.

Grant of Special Waiver:


The NAPOLCOM allows the direct filing of application for age and height requirement waivers
by the top (20) board passers for criminologist and other and other board examinations.
Waiver for height requirement shall be automatically granted to applicants belonging to
cultural communities.

Field Training Program (FTP)(Requirement for (Permanency of Appointment)


 All uniformed members of the PNP after their graduation of basic training shall
undergo a Field Training Program for (12) months involving actual experience and
assignment in patrol, traffic and investigation.
Exception from Field Training Program:
PNPA graduates
Testimonial eligibility for the purpose of automatic appointment in the PNP.
Patrolman to Executive Master Sergeant- the Regional Director has the appointing
authority,for those in the regions. The appointing authority is the Chief PNP for applicant in
NCR.
Lieutenant to Lt. Colonel- PNP Chief upon recommendation by the immediate superiors,
before the appointment by the Chief PNP.
Police Colonel to Lt. General- The President has appointing authority, upon recommendation
by the PNP Chief, and the NAPOLCOM with proper endorsement by the Civil Service
Commission.
Police General- The President among the senior officers down to the rank of Brigadier General.

Note: Attestation of appointment from Patrolman up to Lt. Colonel by the Civil Service
Commission. From Police Colonel and above, attestation is not required since they are
appointed by the President.

Examination for Policemen:


 The NAPOLCOM shall administer the entrance and promotional examination

Qualification for Provincial Directors/Commanders:


Holder’s in master’s Degree in public administration, sociology, criminology, criminal justice,
law enforcement, national security administration, defense studies
Has satisfactorily passed the required training and career courses necessary for the position
established by the CSC
It should be Police Colonel/Colonel

Qualification of Chief of Police in the City


 A graduate of Bachelor of Laws, or a graduate of Master’s Degree in Public
Administration, criminology, criminal justice, and national security administration

Municipal Police Office:


. At least 2nd year Bachelor of Law or at least (12) units in Master’s degree in any above-
mentioned discipline.
Note: A Member of Bar with at least five years’ experience in law practice, a criminologist, a
PNPA graduate can be appointed as a COP of city and Municipal Police Offices.

Attrition System of the PNP

What is Attrition System?


 It is a system of force retirement or separation from the police service

Maximum tenure of PNP Members:


Attrition by Attainment of Maximum Tenure of Position:

Position Maximum of Tenure


Chief PNP 4 years
Deputy Chief 4 years
Chief of the Directorial Staff 4 years
Director of Staff Services 4 years
Regional Directors 6 years
Provincial/City Directors 9 years

Note: Upon reaching the maximum tenure without being promoted or assigned to a higher
position, a PNP member shall be compulsory retired if he has reached the maximum tenure of
20 years or more of service
Attrition by Relief-
 The PNP personnel who has not been relieved for a just cause and has not been given
an assignment within two years shall be retired or separated from service
Attrition by Demotion in Position or Rank-
 Any PNP Personnel, civilian or uniformed, who is relieved or reassigned to a position
lower than what is established his grade on the PNP staffing pattern, and who shall
not have assigned to a position commensurate his grade within (18) months after such
demotion shall be retired or separated.
Attrition by Non-Promotion-
 Any PNP member or officer who has not been promoted for a continuous period of (10)
years shall be retired or separated
Attrition by other means:
 A PNP member with at least (5) years of accumulated active service shall be separated
on the ground of inefficiency of service.
Inefficiency based on poor performance during the last two to three successive annual rating
periods
Physical or mental incapacity to perform police functions and duties
Failure to passed the required entrance examination twice of failure to finish the required
career courses, except for justifiable reasons

Promotion System of the PNP

There are three (3) Kinds of Promotion:

1.Regular promotion

2.Special/Meritorious/Spot promotion

3.Promotion by virtue of position

The Following are the Qualifications for regular promotion:


Appropriate eligibility
Appropriate training
Have passed the required psychiatric/psychological and drug tests

Regular Promotion under RA 9708:


 The institution of a criminal action or complaint against a police officer shall not be a
bar to promotion
 Upon finding of probable cause, the police officer shall be ineligible for promotion.
 If the case remains unresolved for tw0 years from the time of the determination of
probable cause, he or she be considered for promotion.
 In the event that he or she found guilty of the crime by final judgement, said
promotion shall be recalled without prejudice to the imposition of the appropriate
penalties under the rules and regulations.
 If the complaint involving human rights violation and the evidence of guilt is strong
punishable of reclusion perpetua or life imprisonment as determined by the court, the
police officer shall be completely ineligible for promotion during the pendency of the
criminal case (Sec. 33, RA 8551, and Sec. 2, RA 9708).

Other Factors considered to determine most qualified and capable candidate for
promotion:
Performance
Command and Leadership competence
Field and Administrative experience
Geographical assignment
Service reputation, Potential, personality traits
Awards, Recognition, and fitness

Important Principles on Regular Promotion:


The authority of the Commission (NAPOLCOM) to develop promotion policies (RA 6975)
Considerable balance between competence and seniority
Corresponding promotion board of each rank
No promotion is given to those with less than one year of service (RA 8551)
Promotion of the PNP officer to the rank of Police Lieutenant and shall be coursed through the
NAPOLCOM for review and confirmation.

Validity of Clearance for purposes of promotion:


 Validity of clearance issued by the NAPOLCOM, PNP IAS, and PLEB from three to six (6)
months from the date of its issuance.

What is Special/Meritorious/Spot Promotion?


 Any uniformed member of the PNP who exhibited acts of conspicuous courage and
gallantry at the risk of his/her life above and beyond the call of duty shall be
promoted to the next higher rank after the validation made by the NAPOLCOM.
Example:
Overwhelming number of enemies and firepower capability against the strength of PNP
operatives
Infiltration and penetration of the safe houses and hideouts of organized crimes syndicates
Shootouts in robbery/hold up incidents in public utility vehicles
Conduct of rescue/disaster operations that resulted in the saving of lives and properties
Requirements:1. It must be supported by the affidavit of at least two persons who are
eyewitnesses to the act
2.It must be supported by the sworn declaration of the immediate
Superior

Waiver of Certain Requirements in Special Promotion:


 For PNCO- Requirements on educational attainment, eligibility, training and
experience MAY BE WAIVED.
 For PCO’s- Only the experience requirement may be waived (time and grade)

Note: Temporary appointments are qualified

Promotion by Virtue of Position:


 PNP personnel designated to a key position whose rank is lower than the required
position shall, after (6) months of occupying the same is entitled to a rank adjustment
to the corresponding position, provide that he will not be reassigned within (2) years
from the date of the rank adjustment.
 For those PNP personnel who does not possess the required minimum qualification
shall occupy the same temporarily for not more than (6) without reappointment or
extension.
Note: Psychiatric, psychological and drug test are the additional requirements

Status of Appointment of the PNP:


Permanent Status- those who meet all the qualifications
Temporary- initial appointment under waiver program: In case of promotion, meets all the
minimum qualification
Probationary- those who are appointed as permanent status in entry level grade shall
undergo mandatory (one-year probationary period).

>They may be dropped from the service for unsatisfactory conduct within the same period.

Lateral Entry of the PNP

Lateral Entry:
 Original Appointment for officers will commence with the Rank of Lieutenant , like in
the case of the graduates of the PNPA
 Lateral entry for Dentists, nurses, engineers, forensic science graduates shall
commence with the Rank of Lieutenant.
 Lateral entry of Medical Doctors, Lawyers and Chaplains shall commence with the Rank
of Captain.
 In case vacancy, Criminologist are qualified for lateral entry.
Rank Insignia of the PNP

Corresponding Rank Insignia:


4,3,2,1 silver stars for Police General, Director down to the Brigadier General
3,2,1 silver Sampaguita cluster for Colonel, Lt. Colonel and Major
2,1 bronze Anahaw leaf for Captain and Lieutenant
Chevron for a Police Non-Commission Officers (PNCO)
Chevron in White Sampaguita cluster at the center flanked by gold laurel leaves for Combat
Executive Police Staff Sergeant, Police Master Sergeant, Police Senior Master Sergeant,
Police Chief Master Sergeant, and Police Executive Master Sergeant.

Badges:
Police Badge- center of the left breast
Combat Citation Badge- above the right pocket on the top of citations budges
Parachutist/EDC/Pilot Wings/Technical service Badges- above the left pocket on the top of the
service decoration.

Retirement Program of the PNP:


Compulsory Retirement- (56) years’ old
Brigadier General, Major General, and Lt. General are allowed by the NAPOLCOM to stay after
attaining the age 56, for a non-extendible period of (1) year
Optional Retirement – at least (20) years of satisfactory service with the approval by the
NAPOLCOM
Permanent and totally disabled PNP personnel as a result of injuries suffered in the
performance of duty certified by the NAPOLCOM be entitled to (1) year salary and to a lifetime
monthly pension equivalent to (80%) of his last salary (base pay only)
 Any PNP member who has been retired under permanent total disability, die with
(5) years from the retirement, his surviving spouse or surviving legitimate children for
the remainder of the (5) year guaranteed period.
Any PNP member who is dismissed under attrition system shall be retired if he has rendered
at least (20) years of service
Monthly retirement benefits shall be 50% of the base pay
Longevity pay shall be an increase of 2.5% for every year of active service in case of more than
(20) years of active service
Lump sum pay for the first (5) years
Retirement pay is subject for adjustment based on the prevailing scale of based pay of police
personnel in the active service.
One rank higher for the retire grade as basis of computing the retirement pay.
Internal Affairs Service (IAS) of the PNP

Powers and Duties of IAS:


Pro-actively conducts inspections and audits of PNP personnel
Investigates complaints and gather evidence in support of an open investigation
Conduct summary hearing on PNP members facing administrative charges
Submits a periodic report to the Chief PNP and the office of NAPOLCOM on the assessment,
analysis, and evaluation of the character and behavior of the PNP personnel
File appropriate criminal cases against PNP members, and in the prosecution of the case
Provide assistance to the office of the ombudsman in cases involving personnel of the PNP.

Moto Propio Investigation by IAS:


Incidents where some police personnel discharge a firearm
Incidents where death, serious physical injuries, or any violation of human rights occurred in
the conduct of police operations.
Incidents where the evidence is compromised, tampered, with, obliterated, or lost while in
custody of police personnel
Incidents where a suspect in the custody of police was seriously injured.
Incidents where the established rules of engagement have been violated

Note: Moto Propio means “Automatic Investigation”

Recommendatory duty of IAS with regards to promotion:


 The IAS has a recommendatory duty to provide documents or recommendations as
regards to the promotion of the PNP members or the assignment of the PNP
personnel to key position.

Recommendatory Power of IAS as Regards to Discipline:


 Recommendations of IAS in 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, otherwise the disciplinary officers are liable
for Gross Neglect of Duty.

Composition/Organization of the Internal Affairs Office:


National Office – Headed by Inspector General (Civilian) to be assisted by the Deputy Director
General
Regional Office- Director
Provincial Office – Lt. Colonel
Note: The Head of IAS is a Civilian appointed by the President

Entry Qualification and Benefits of the Members Internal Affairs Service:


 Only PNP members with at least (5) years experienced in law enforcement, and no
derogatory records
 Lawyers may enter the service laterally
 IAS members are granted occupational specialty pay not exceeding 50% of the base
pay and other allowances allowed by law.
Notes:

>The immediate superior of the Unit of the personnel being investigated is automatically
included in the investigation to determine the lapses in administrative and supervision of
his/her subordinate on the Principle of Command Responsibility.

> The decision of the Provincial IAS is appealable to the Regional IAS with (10) days, while the
decision of the Regional Affairs Office (RIAS) is appealable to the National Appellate Board
(NAB) Court.

> Complaint against members of the IAS shall be brought to the office of Inspector General or
to the NAPOLCOM.

PNP Disciplinary Mechanism:

Internal Disciplinary Machinery-


 Cases of breach of discipline as well as minor offenses that affect the internal discipline
of the PNP like-
Simple Misconduct and Negligence
Insubordination
Frequent absences or tardiness
Gambling prohibited by law

Internal Disciplining Authority ---- Administrative Penalty


>Chief of Police ------- - Admonition or reprimand, restrictive custody, withholding of privileges,
forfeiture of salary, suspension for a period of not less than (15) days.

> Provincial Commander –---- admonition or reprimand, restrictive custody; withholding of


privileges; forfeiture of salary or suspension of not exceeding (30) days

> PNP Chief - --------------- admonition or reprimand; restrictive custody; withholding of


privileges; forfeiture of salary, suspension of not exceeding (180) days, as well as dismissal from
service and demotion in rank.

Regional Commander0 -60 days

2. Concurrent Disciplining Authorities-

> City Mayor -------------------withholding of privileges, restrictive custody, suspension for a

period from 16 to 30 days.

4.External Disciplinary Machinery-


>Peoples Law Enforcement Board (PLEB)- withholding of privileges; restrictive
custody, suspension or forfeiture of salary from (30) days and not more than (90) days.

Who are the Summary Dismissal Authorities PNP?


NAPOLCOM
PNP Chief
PNP Regional Director

What are the grounds for Removal and Dismissal of Police Officers?
When the charge is serious and the evidence of guilt is strong.
When the respondent is recidivist or has been repeatedly charged, and there are reasonable
grounds to believe that he is guilty of the charges.
When the respondent is guilty of conduct unbecoming of a police officer.

Peoples Law Enforcement Board

Composition of the PLEB:


Any member of the Sanguniang panglungsod/Bayan/ chosen by the sangunian
Any Barangay Captain chosen by respective association of Barangay Captains
Three (3) members chosen from the respective community
One (1) member of the bar, in absence thereof, a college graduate, or a principal of the central
elementary school

Notes: 1. The Chairman shall be elected among themselves


One of the PLEB members must be a woman

National Appellate Board of the PNP

Composition of National Appellate Board (NAB):


Four (4) regular Commissioners and chaired by the Vice-Chairperson of the NAPOLCOM
The NAB shall entertain appeal from the decision of the Chief PNP

Composition of Regional Appellate Board (RAB)


NAPOLCOM Senior Officer as Chairman
One representative from the PNP
One representative from the Regional Peace and Order Council

Notes: 1. The RAB entertains appeal from the decisions of the Mayor, PLEB, and the Regional

Director of the PNP.

2. The decision of the PLEB on suspension against PNP members is final and cannot be appeal.
However, decisions for dismissal is appealable to the Regional Director or immediately
executed, but subject to appeal to RAB.
3. The period of appeal is (10) days upon receipt of decision by the respondent-policemen
4. The decision of the Chief of Police (COP) is appealable within (10) days to Provincial Director
5. The decision of the provincial director is appealable to RD with (10) days
6. The decision of RD is appealable within (10) days to the PNP Chief

What are the Grounds for Appeal to RAB or NAB?


New material evidence has been recovered which is not available during the hearing
Errors of law or irregularities have been committed by the disciplining authority
The findings of the of the disciplinary body is not commensurate to the offense committed.

What is the Effect of filing appeal?


Dismissal
Suspension or demotion

Functions of Women’s Desk in PNP:


To entertain cases involving crimes against chastity, sexual harassment, abuses committed
against women and children
At least 10% recruitment for women’s desk in every quota

Participation of the Local Government Unit (LGU)

What is the participation of the Local Executives in the Administration of the


PNP?
 Mayors and Governors are automatically become deputize of the NAPOLCOM
 The Provincial Governor can choose the Provincial Director of the province from the
three (3) choices recommended by the Regional Director
 The Mayor can choose the Chief of Police from the (5) recommended by the Provincial
Director
 Authority of the Mayor and the Governor to recommend to the provincial
Director/Regional Director for the transfer, reassignment, or detail the PNP members
outside their respective city or town
 Recommended from the list of eligible individuals are subject to screening by the
Peace and Order Council to their respective cities or town.

 Participation of the Mayor and the Governor:The control and supervision of Anti-
Gambling, crime prevention and traffic control activities are within the jurisdiction of
the local government executives under the rules and Regulations by the NAPOLCOM.

What are the Grounds for suspension or withdrawal of deputation of the local
executives?
1.Frequent unauthorized absences
2.Abuse of authority
3.Providing material support to criminal elements
4.Engaging in acts inimical to national security

Note: There must be a consultation first of the Provincial governor and the congressman in the
respective prior to the suspension and withdrawal of deputation local executives, unless
restore by the President through NAPOLCOM
Note: There must be a consultation first of the Provincial governor and the congressman in the
respective prior to the suspension and withdrawal of deputation local executives, unless
restore by the President through NAPOLCOM

**************************************************************

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