Law Enforcement Admin and Org
Law Enforcement Admin and Org
Law Enforcement Admin and Org
1. POLICE
– the agency of a community or government that is responsible for enforcing the law, maintaining public order, and
preventing and detecting crimes
– it is the organization of armed men, which is actually an institution that is capable of exercising legally mandated
duties to enforce the law, maintain public order and detect and prevent crimes
2. ORGANIZATION
– a group of individuals working towards the fulfilment of common goals and objectives
– an association of human beings to attain a specific goal or objective
3. POLICE ORGANIZATION
– a number of police units systematically arranged for some purpose or objective
– a structured group of highly trained personnel dealt with the following goals and objectives
Goals
1. To protect lives and properties.
2. To ensure public safety.
3. To maintain peace and order.
Objectives
1. To attain effectiveness in the enforcement of law and efficiency of law enforcers.
2. To attain a low crime volume and crime rate.
3. To attain a maximum degree of solution and criminal conviction of law violators.
4. To attain maximum degree in the protection of lives and properties.
4. ADMINISTRATION
– the determination of objectives and major policies of an organization.
5. POLICE ADMINISTRATION
– an organizational process concerned with the implementation of the objectives and plans, and internal operating
efficiency of the police organization (Timpac, 2013)
– otherwise known as police in action, the cooperative human effort to achieve the purposes of the Criminal
Justice System
During the Normal Period (1066-1285), the following are significant contributions to the development of policing
system:
a. SHIRE-REEVE System. When King William Norman became the ruler of England, he divided his kingdom into 55
military districts known as the Shire-Reeves.
SHIRE means a district while REEVE means the ruler who made laws, pass judgment and impose
punishment. The term Shire-Reeve eventually became Sheriff, the title of the chief of constables or police officers
in a certain town. The TRAVELLING JUDGE was held responsible in deciding cases that were taken from Shire-
Reeves due to some abuses.
1
b. COURT OF THE TOURN. It settles a range of cases, more often dealing with petty offenses and civil matters. From the
Court, 12 tythingmen were selected to hear serious offenses.
c. COURT LEET. Handles local legal matters in some but all, communities, the Normans established the Court Leet looked
after matters of purely local interest and petty village nuisances. The head of the court was appointed by the King to be
“Master of the House”. The Comes Stable was also appointed by the King to be responsible in keeping peace and order
in 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. Comes Stable became Constable which is used today to refer to members of
the law enforcement.
d. LEGIS HENRIE. This law was enacted during the time of King Henry I, which imposed the following features:
o Law violations were classified as offenses against the King.
o Policemen became public officials.
o The police and the citizens have the broad power to arrest.
o Grand Jury was created to inquire on the facts of the law.
e. In 1195, King Richard of England issued a proclamation entitled KEEPERS OF THE PEACE, requiring the appointment
of Knights to keep the King’s peace by standing as guards on bridges and gates while checking the people entering and
leaving the cities and towns.
f. On June 15, 1215, MAGNA CARTA (Great Charter) was sealed by King John of England. This became a law upon the
demand of the Knights of the Round Table.
Developments in policing system during the Modern Period (17 th- 19th century) in England:
1. KING CHARLES II of England passed a law in 1663 that provided for the employment of NIGHT WATCHMEN or
BELLMEN to be on duty from sunset to sunrise.
2. In 1748, HENRY FIELDING became the Chief Magistrate at Bow Street in London. He organized a group of men known as
BOW STREET RUNNERS (thief catchers). He later formed the BOW STREET HORSE PATROL whose duty was to
patrol the main roads thus secure the travellers from highwaymen or highway bandits.
3. The British statesman SIR ROBERT PEEL in 1829 established the LONDON METROPOLITAN POLICE, which became
the world’s first modern organized police force. It was later called SCOTLAND YARD. The development of the British
police system is especially significant because the pattern that emerged not only became a model for the American police
system but also had great influence on the style of policing in almost all industrial societies. Peel earned the title – THE
FATHER OF MODERN POLICING SYSTEM.
2
The Manila Police Department, which was created during the first American occupation, was renamed into Metropolitan
Constabulary under the Bureau of Constabulary.
Developments concerning the police service during American Occupation until the World War II broke out:
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. 175 titled 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.
***Capt. George Curry - the 1st Chief of Police and was 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.
4. On October 3, 1901, the Insular Constabulary was changed to PHILIPPINE CONSTABULARY (PC) by
virtue of Act Nr. 255.
***Brig/Gen. Henry T. Allen - the 1st Chief of the Philippine Constabulary.
- the PC Chief from 1901 to 1907
- the Father of Constabulary in the Philippines.
5. REVISED ADMINISTRATIVE CODE OF 1917 was approved a year before World War I (August 1914 to
November 1918) ended.
***Section 825, R.A.C. 1917 - stated that the Philippine Constabulary is a national police
institution for preserving the peace, keeping order and enforcing the law.
***Brig/Gen. Rafael Crame - the first Filipino Chief of Police (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.
***Act Nr. 157 - June 19, 1947; created the National Bureau of Investigation.
***Col. Antonio C. Torres – the 1st Filipino COP when Manila Police Department
became an all Filipino police organization
- declared Manila as an open city when World War II broke-out in 1941
***Col. Marcus Ellis Jones – a U.S. Provost Marshall who was named as MPD COP
just after the Manila Liberation.
***Col. Lamberto T. Javalera – the 1st Filipino COP of MPD appointed by Pres. Roxas
under the Republic Government.
***May 17, 1954 – Automobile patrol was introduced in Metro Manila.
***Isaias Alma Jose - the first Chief of the mobile patrol
***December 13, 1990 – R.A. 6975 was created, “An Act establishing the PNP under
a reorganized Department of the Interior and Local Government and for
other purposes.
1. Act No. 3815 – otherwise known as the Revised Penal Code of the Philippines which took effect on January 1,
1932.
2. Philippine Constitution – it provided that the government shall organize and maintain a national police force
to preserve public order and enforce the law (Art. XIV, Sec. 9). It mandated that the State shall establish and
maintain an integrated national police force whose organization, administration, and operation shall be provided
by law (Art. XV, Sec. 12). It provides in part that the State shall establish and maintain a police force which
shall be national in scope and civilian in character to be adminstered and controlled by a National Police
Commission (Art. VI, Sec. 6 Phil. Consti. 1987)
3. Act No. 181 – it provides for the creation of Bureau of Investigation on November 1938. it was the
modification of the Division of Investigation from the Department of Justice.
4. Republic Act No. 157 – it provides for the creation of the National Bureau of Investigation.
5. Republic Act No. 2678 – it was enacted in 1960 which provides for the expansion and reorganization of the
NBI. This law established that NBI is both investigative and research service agency.
6. Rules of Court – this procedural law was construed in order to promote the broad objective of the criminal
justice system and to assist the practices in obtaining just, speedy and inexpensive determination of every legal
action and proceeding.
7. Republic Act No. 4864 – otherwise known as the Police Act of 1966. This law provided for the creation of the
Office of the Police Commission (POLCOM) which was later called National Police Commission under the
Office of the President. POLCOM was created as supervisory agency to the Philippine Constabulary. Its
function was to oversee the training and professionalization of the local police forces. Through this law,
3
reformation and professionalization of the police service gained official recognition.
8. Republic Act No. 6040 – the Civil Service Act of 1969. It empowered the POLCOM to give the appropriate
examinations for officers and members of local police forces with the assistance of the Civil Service
Commission.
9. Republic Act No. 6506 – an Act Creating the Board of Examiners for Criminologists in the Philippines and for
other purposes.
10. Presidential Decree No. 765 – stipulated that the Office of the NAPOLCOM should be under the Office of the
Ministry of National Defense. It defined the relationship between the Integrated National Police and the
Philippine Constabulary.
11. Presidential Decree No. 1184 – the Integrated National Police Personnel Professionalization Act of 1977.
12. Republic Act No 6975 – known as the DILG Act of 1990 but it was also recognized later as the PNP Law of
1991. It provides for the creation of the Philippine National Police and declared it to be the only police force in
the country which is national in scope and civilian in character.
13. Republic Act No. 8551 – known as the PNP Reform and Reorganization Act of 1998.
Learning objectives: At the end of the topic, the students will be able to:
1. Internalize the importance of the theories and concepts of police service
2. Apply the ideas in to real situation
4
2. Territorial or Geographical Units
a. Post – a fixed point where a police officer is assigned for duty. A permanent spot for general guard duty
b. Route – a length of streets designated for patrol purposes
c. Beat – an area assigned for patrol purposes, whether by foot or motorized
d. Sector – an area containing two or more beats, routes or posts
e. District – a geographical subdivision of a city for patrol purposes, usually with its own station
f. Area – a section or territorial division of a large city or metropolis, each composed of designated districts
3. Other Terminology
a. Organize – to form a police unit for the purpose of accomplishing a common objective. To arrange
systematically a group of police unit/s.
a. Organizing – the act of systematically arranging police units in hierarchical order to perform specific functions
thus achieve desired objectives.
b. Manage – to direct or conduct the affairs or interests of various police units. To control the direction, operation
and business of a police unit or the police organization as a whole.
c. Police management – the art or manner of admistering, controlling or handling all the various as pects of the
police organization. The skillful use of means to accomplish the task purpose or objective of a police unit or
organization.
d. Police politics – the study of public admistration or affairs of the government in relation to police matters.
e. Police power – the power of the government to impose what is considered reasonable restriction on the liberties
of its citizens for the maintenance of public order and safety.
f. Police accountability – the inherent responsibilities of the police organization to be answerable for the
misconducts committed by its members.
g. Sworn Officer – all personnel of the police department who took his oath and who posses the power to arrest.
h. Superior Officer – one having supervisory responsibilities, either temporarily or permanently, over officers of
lower rank.
i. Commanding Officer – an officer who is in command of the department, a bureau, a division, an area, or a
district.
j. Ranking Officer – the officer who has the more senior rank/higher rank in a team or group.
k. Commissioned officer – a police officer with the rank of police inspector and higher.
l. Non-commissioned officer – a police officer with the rank of senior police officer IV and lower.
m. Length Of Service – the period of time that has elapsed since the oath of office was administered to an officer.
n. On Duty – the period when an officer is actively engaged in the performance of his duty.
o. Special Duty – it is the form of duty requiring an officer to be excused from the performance of his active
regular duty.
p. Off Duty – the nature of which the police officer is free from specific routine duty.
q. Leave Of Absence – period, which an officer is excused from active duty by any valid/acceptable reason,
approved by higher authority.
r. Sick Leave – period which an officer is excused from active duty by reason of illness or injury.
s. Suspension – a consequence of an act which temporarily deprives an officer from the privilege of performing his
duties as result of violating directives or other department regulations
t. Department Rule - rules established by department directors/supervisors to control the conduct of the members
of the police force.
u. Duty Manual – describes the procedures and defines the duties of officers assigned to specified post or position.
v. Order – an instruction given by a ranking officer to a subordinate, either a. General Order, b. Special, or c.
Personal
w. Report - usually a written communication unless otherwise specifies to be verbal reports; verbal reports should
be confirmed by written communication.
POLICE FUNCTIONS
The duties and responsibilities explicitly carried out by police agencies to meet the demands concerning public order and
public safety.
5
• coordination of effort is relatively easy to achieve
1. Functional Organization
• it is rarely found in present day organization except at or near the top level
• it violates the prime rule that men perform best when they have but one supervisor
• it divides responsibility of each functional manager is limited to the particular activity over which
he has control, regardless of who performs the function
• line of authority and responsibility are fragmented into many functional channels making each
supervisor responsible for several superiors depending upon the function he happens to be
performing
2. Line and Staff Organization
• it has the combination of the line and functional types
• it combines staff specialist or units with line organization so that the service of knowledge can be
provided line personnel by specialist
• channels of responsibility is to think and provide expertise for the line units which are responsible
for doing
• the line supervisor obtains from the staff specialist, not commands
Under the 1987 Philippine Constitution, the State Policy on the Organization of the Nation’s police force is in the promotion
of peace and order to ensure public safety through effective delivery of basic services to the people. This State Policy accomplished
through the establishment of a highly efficient and component police force that is Civilian in Character and National in Scope.
The Philippine National Police is under the Department of Interior and Local Government together with two other bureaus,
the Bureau of Fire Protection and Bureau of jail Management and Penology. This organization is being administered and controlled by
the NAPOLCOM.
6
Image from www.pnp.gov.ph
The three (3) classification of City/Municipality Police Forces outside the direct control of Regional Director are:
Cities Class A – in the cities with 100,000 population and up
Class B – in the cities with 75,000 to 99,999 people
Class C – in the cities with less than 75,000 people
Municipalities Class A – in town with 75,000 people and up
Class B – in town with 30,000 to less than 75,000 people
Class C – in town with up to 29,999 people
Manning Level of PNP:
Minimum – 1:1000
Average – 1:500
PNP RANK CLASSIFICATION WITH RESPECTIVE RANK INSIGNIA AND AFP RANK EQUIVALENT
Ranks under the Philippine National Police are classified into two: COMMISSIONED RANKS and NON-COMMISSIONED
RANKS. Under Republic Act No. 11200, the newest rank classification of the Philippine National Police as of February 2019 is as
follows:
RANK INSIGNIA
COMMISSIONED RANKS
Police General (PGEN) Four Silver Stars
NON-COMMISSIONED RANKS
Three Red Chevron (below) and Four Red Bars
Police Executive Master Sergeant (PEMS)
(above) with a Yellow Star at the Center
7
Three Red Chevron (below) and Three Red Bars
Police Chief Master Sergeant (PCMS)
(above)
Three Red Chevron (below) and Two Red Bars
Police Senior Master Sergeant (PSMS)
(above)
Three Red Chevron (below) and One Red Bar
Police Master Sergeant (PMSg)
(above)
Police Staff Sergeant (PSSg) Three Red Chevron
General Qualifications for Appointment in the PNP under Republic Act No. 6975 as amended by Republic Act No. 8551
1. A citizen of the Philippines;
2. A person of good moral character;
3. Must have passed the psychiatric/psychological, drug and physical tests to be administered by the PNP or by
any NAPOLCOM accredited government hospital for the purpose of determining physical and mental health;
4. Must possess a formal baccalaureate degree from a recognized institution of learning;
5. Must be eligible in accordance with the standards set by the Commission;
6. Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian
position in the Government;
7. Must not have been convicted by final judgment of an offense or crime involving moral turpitude;
8. Must be at least one meter and sixty-two centimeters (1.62 cm) in height for male and one meter and fifty-seven
centimeters (1.57 cm.) for female;
9. Must weigh not more or less than five kilograms (5 kgs.) From the standard weight corresponding to his or her
height, age, and sex,
10. For a new applicant, must not be less than twenty-one (21) nor more than thirty (30). Except for the last
qualification, the above-enumerated qualifications shall be continuing in character and an absence of any one of
them at any given time shall be a ground for separation or retirement from the service. Provided, that PNP
members who are already in the service upon the affectivity of this Act shall be given at least two (2) more years
to obtain the minimum educational qualification and one (1) year to satisfy the weight requirement.”
For the purpose of determining compliance with the requirements on physical and mental health, as well as the non-use of
prohibited drugs, the PNP by itself or through a NAPOLCOM accredited government hospital shall conduct regular psychiatric,
psychological drug and physical tests randomly and without notice.
After the lapse of the time period for the satisfaction of a specific requirement, current members of the PNP who will fail to
satisfy the requirements enumerated under this section shall be separated from the service if they are below fifty (50) years of age and
have served in the Government for less than twenty (20) years or retired if they are from the age of fifty (50) and above and have
served the Government for at least twenty (20) years without prejudice in either case to the payment of benefits they may be entitled
under existing laws.
8
virtue of another waiver program.
WHAT IS SELECTION?
• It is the process of screening out undesirable candidates after they have applied and likewise involves the appointing of
qualified applicants.
• The purpose of the process is to secure candidates who have the highest potential for developing into good policemen.
WHAT IS APPOINTMENT?
• It is the designation of a person to an office position by a competent authority.
• Any applicant who meets the general qualifications for appointment to police service and who passes the test required in the
screening procedures shall be recommend for initial appointment.
Types of Appointment
1. Temporary
– it is granted to an applicant who does not possess all the basic requirements.
– It is valid for one year subject to renewal.
2. Probationary
– It is granted to all newly appointed PO1s subject to the completion of the Field Training Program before the
appointment is made either permanent or temporary.
3. Permanent
– It is granted to applicants who meet all the basic requirements for appointment.
– It is lasting and intending to a particular position.
– It guarantees security of tenure.
Note: Promotion to SPOIII and SPOIV is possession of a college degree as required by the NAPOLCOM
9
Senior Leadership Course (SLC) - for Police Chief Master Sergeant and Police Executive Master
Sergeant
Junior Leadership Course (JLC) - for Police Master Sergeant and Police Senior Master Sergeant
Police Basic Course - for Patrolman/Patrolman, Police Corporal and Police Staff Sergeant
A pending criminal or administrative case did not prevent promotion of a qualified candidate is not under preventive
suspension and that appointment is temporary only.
Temporary promotion can be changed to permanent when criminal or administrative case is resolved favorably and upon
application thru channels.
Service seniority is considered in promotion when seniority is clearly and positively related to the job performance and all
other promotional factors are relatively equal among the candidates.
Regular Promotion Board consists of one (1) chairman and not more than six (6) members carrying ranks higher than to be
filled.
A NAPOLCOM Representative is a required member of the Board in case of promotion of non- officers.
Appointment of PNP officers and members shall be effected in the following manner:
a. Patrolman/Patrolwoman to Police Executive Master Sergeant – Appointed by the PNP Regional Director for regional
personnel or by Chief PNP for nation al headquarters personnel and attested by the Civil Service Commission;
a. Police Lieutenant to Police Lieutenant Colonel – Appointed by the Chief of the PNP, as recommended by their
immediate superiors, and attested by the CSC;
b. Senior Superintendent to Deputy Director General – Appointed by the President upon recommendation of the chief of the
PNP, with proper endorsement by the Chairman; and
c. Police General – Appointed by the president from among the senior officers down to the rank of Police Brigadier
General in the service, subject to confirmation by the Commission on Appointment: Provided, that the Chief of the PNP
shall serve a tour of duty not to exceed four (4) years: Provided further, that, in times of war or other national emergency
declared by congress, the president may extend such tour of duty.
10
other allowances as provided by existing laws.
ATTRITION SYSTEM
Attrition by Attainment of Maximum Tenure in Position
The maximum tenure of PNP members holding key positions is hereby prescribed as follows:
***Except for the Chief, PNP, no PNP member who has less than one (1) year of service before reaching the compulsory retirement
age shall be promoted to a higher rank or appointed to any other positions.
Kinds of Attrition
1. Attrition by Relief – PNP uniformed personnel who has been relieved for just cause and has not been given an
assignment within two (2) years after such relief shall be retired or separated.
2. Attrition by Demotion in Position or Rank – Any PNP personnel, civilian or uniformed who is relieved and assigned
to a position lower than that established for his or her grade in the PNP staffing pattern and who shall not be assigned to
a position commensurate to his or her grade within eighteen (18) months after such demotion in position shall be retired
or separated.
3. Attrition by Non-Promotion – Any PNP personnel who have not been promoted for a continuous period of ten (10)
years shall be retired or separated.
4. Attrition by Other Means – A PNP member or officer with at least five (5) years of accumulated active service shall be
separated based on the following conditions.
a. Inefficiency based on poor performance during the last two (2) successive annual rating periods;
b. Inefficiency based on unsatisfactory performance for three (3) cumulative periods;
c. Physical and/or mental incapacity to perform police functions and duties, and
d. Failure to pass the required entrance examinations twice and/or finish the required career courses except for
justifiable reasons.
Retirement Benefits
Monthly retirement pay shall be fifty percent (50%) of the base pay and longevity pay of the retired grade 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 to a maximum of ninety percent (90%) for thirty six (36) years of active service and over. Provided, that the uniformed
personnel shall have the option to receive in advance and in lump sum his retirement pay for the first five (5) years. Provided further,
that payment of the retirement benefits in lump shall be made within six (6) months from effectivity date of retirement and/or the
completion of service. Provided finally, that the retirement pay of the officers/non-officers of the PNP shall be subject to adjustments
based on the prevailing scale base pay of police personnel in the active service.
DISCIPLINARY MECHANISM
A. Citizen's Complaints – Any complaint by a natural or juridical person against any member of the PNP shall be brought before the
following:
1. Chiefs of Police, where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or
forfeiture of salary, or any combination thereof, for a period not exceeding fifteen (15) days;
2. Mayors of cities and municipalities, where the offense is punishable by withholding of privileges, restriction to specified
limits, suspension or forfeiture of salary, or any combination thereof, for a period of not less than sixteen (16) days but not
exceeding thirty (30) days;
3. People's Law Enforcement Board, where the offense is punishable by withholding of privileges, restriction to specified limits,
suspension or forfeiture of salary, or any combination thereof, for a period exceeding thirty (30) days; or by dismissal.
B. Internal Discipline – On dealing with minor offenses 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:
1. Chiefs of police or equivalent supervisors may summarily impose the administrative punishment of admonition or reprimand;
restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or any of the combination of the
foregoing: Provided, That, in all cases, the total period shall not exceed fifteen (15) days;
2. Provincial directors or equivalent supervisors may summarily impose administrative punishment of admonition or reprimand;
restrictive custody; withholding of privileges; forfeiture of salary or suspension, or any combination of the foregoing:
Provided, That, in all cases, the total period shall not exceed thirty (30) days;
3. Police regional directors or equivalent supervisors shall have the power to impose upon any member the disciplinary
11
punishment of dismissal from the service. He may also impose the administrative punishment of admonition or reprimand;
restrictive custody; withholding of privileges; suspension or forfeiture of salary; demotion; or any combination of the
foregoing: Provided, That, in all cases, the total period shall not exceed sixty (60) days;
4. The Chief of the PNP shall have the power to impose the disciplinary punishment of dismissal from the service; suspension
or forfeiture of salary; or any combination thereof for a period not exceeding one hundred eighty (180) days: Provided,
further, That the chief of the PNP shall have the authority to place police personnel under restrictive custody during the
pendency of a grave administrative case filed against him or even after the filing of a criminal complaint, grave in nature,
against such police personnel.
*** A 'minor offense' shall refer to any act or omission not involving moral turpitude, but affecting the internal discipline of the PNP,
and shall include, but not limited to:
1. Simple misconduct or negligence;
2. Insubordination;
3. Frequent absences and tardiness;
4. Habitual drunkenness; and
5. Gambling prohibited by law.
Summary Dismissal Powers of the NAPOLCOM, PNP Chief and PNP Regional Directors The National Police Commission,
the chief of the PNP 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:
- When the charge is serious and the evidence of guilt is strong;
- When the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to believe
that he is guilty of the charges; and
- When the respondent is guilty of a serious offense involving conduct unbecoming of a police office
- 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 shall be dismissed immediately from the service. His activities and
whereabouts during the period shall be investigated and if found to have committed a crime, he shall be
prosecuted accordingly.
3. There shall be at least one (1) RAB per administrative region to be composed of a senior officer of the regional Commission
as Chairman and one (1) representative each from the PNP, and the regional peace and order council as members. It shall
consider appeals from decisions of the regional directors, other officials, mayors, and the PLEBs: Provided, that the
Commission may create additional regional appellate boards as the need arises.
Provided, however, That 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 lower than six (6)
years and one (1) day.
Provided, further, That the 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: Provided, finally, That such preventive suspension may be
sooner lifted by the court in the exigency of the service upon recommendation of the chief, PNP. Such case shall be subject to
continuous trial and shall be terminated within ninety (90) days from arraignment of the accused."
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 for their probity and integrity, one (1) of whom must be a woman and another a member
of the Bar, or, in the absence thereof, a college graduate, or the principal of the central elementary school in the locality. The Chairman
of the PLEB shall be elected from among its members. The term of office of the members of the PLEB shall be for a period of three
(3) years from assumption of office. Such member shall hold office until his successor shall have been chosen and qualified.
12
(Pambansang Kawanihan ng Pagsisiyasat)
The National Bureau of Investigation is an agency of the Philippine Government under the Department of Justice, responsible
for handling and solving major high-profile cases that are in the interest of the nation. The NBI’s original name was Bureau of
Investigation which came into existence on June 19, 1947, the date when Republic Act No. 157 was approved. The changing of the
name of the organization is by virtue of Executive Order No. 94, issued on October 4, 1947 by the President Manuel A. Roxas. Its
history goes back on November 13, 1936, when a Division of Investigation (DI) was created with the enactment of Commonwealth
Act No. 181 by the First National Assembly. The DI was the brainchild of Commonwealth President Manuel L. Quezon and then
Secretary of Justice Jose Yulo. A veteran American police officer, Capt. Thomas Duggan of the NYPD, and the only Filipino member
of the USFBI, Flaviano Guerero, were hired by the Philippine Government to organize the Division of Intelligence of the Department
of Justice.
***Under Section 5 of RA No. 10867, 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 killings/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 No. 10175
e. Cases referred by the Inter-Agency Anti-Graft Coordinating Council
f. Violations of the Anti-Dummy Law
g. Cases involving threats to security or assaults against the President, Vice President, Senate President, Speaker of
the House of Representatives and the 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
j. Violations of RA No. 8792; RA No. 8484; RA No. 8293; RA No. 8799 and PD 1689
III. Organization
Effective February 21, 2019 with the implementation of RA 10867, the following are the ranks of the NBI:
***Nota Bene
- The NBI Director shall be appointed by the President. No person shall be appointed Director unless he or she is a
natural-born citizen of the Philippines and a member of the Philippine Bar who has been engaged in the practice of law
for at least fifteen years
- No person shall be appointed Deputy Director or Regional 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 ten years for the
Deputy Director and for at least five years for the Regional Director
13
“… a member of the Philippine Bar or a holder of Baccalaureate Degree
who passed the necessary government licensure examination
relevant to the investigative functions of the NBI …”
***Requirements
1. Filipino citizen and of good moral character, with excellent physical, mental and psychological health
2. Can either be a lawyer or CPA or must have obtained baccalaureate degree
3. Can either be first grade civil service eligible and/or board exam passer. (General weighted average of 84% in
the transcript of records without any failing grade)
4. Height requirement: 5’5” (males) and 5’3” (females)
5. At least 25 years old but not more than 35
6. Must have excellent vision (normal range)
7. No pending criminal, civil or administrative cases and charges
8. Never must have been convicted of any crime
9. Must have no tattoo marks or body piercings – the main reason for this is that it is unprofessional and has
negative stigma.
***Training
There is a centralized training center for NBI aspiring agents which is situated at the NBI Academy located at Baguio City,
Philippines.
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 which was formed on July 7, 2002. The agency is tasked
with the enforcement of the penal and regulatory provisions of Republic Act No. 9165.
PDEA is headed by a Director General with the Cabinet rank of Undersecretary, who is responsible for the general
administration and management of the agency. The DG is assisted by two Deputy Director General with the rank of Assistant
Secretary; one for the Administration and the other for Operations.
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.
BUREAU OF CUSTOMS
(Kawanihan ng Adwana)
Legal Basis
14
Act No. 355 (February 6, 1902), “The Philippine Customs Administrative Act”, created the customs service of the
Philippines to collect all revenues warranted by law.
Executive Order No. 127 (January 30, 1987) reorganized/expanded the organization of the Bureau of Customs (BOC)-
Central Office by providing units to monitor and coordinate assessment and operations of the Bureau.
Executive Order No. 463 (January 9, 1998) created the Management Information System and Technology Group
(MISTG) to ensure the implementation of the BOC’s computerization program.
Republic Act No. 9335 (January 25, 2005), otherwise known as the Attrition Act of 2005, provided for a system of rewards
and sanctions to enhance revenue performance through the creation of a Rewards and Incentives Fund and a Revenue
Performance Evaluation Board within the Bureau of Internal Revenue and the BOC.
The BoC is a Philippine government agency under the Department of Finance and was created on February 6, 1902 by the Insular
Government while the Philippines was still under the rule of the United States of America. It has the following duties and functions
under the Republic Act No. 10863.
The Bureau of Customs is one of the lead agency responsible for the control and monitoring of the export-import of products
in the Philippines. It is considered as the first and last line of defense in the enforcement of export laws in the country. The following
are some of the functions of the Bureau:
- Assessment and collection of the lawful revenues from imported articles and all other dues,
fees, charges, fines and penalties accruing under the tariff and customs laws.
- The prevention and suppression of smuggling and other frauds upon the customs.
- Supervision and control over the entrance and clearance of vessels and aircraft engaged in
foreign commerce.
- Enforcement of the tariff and custom laws and all other laws, rules and regulations relating to
the tariff and customs administration
- The supervisions and control over the handling of foreign mails arriving in the Philippines, for
the purpose of the collection of the lawful duty on the dutiable articles thus imported and the
prevention of smuggling through the medium of such mails.
- Supervise and control all import and export cargoes, landed or stored in piers, airports,
terminal facilities, including container yards and freight stations, for the protection of
government revenue.
- Exercise exclusive original jurisdiction over seizure and forfeiture cases under the tariff and
customs laws.
The BoC is headed by a Commissioner, who is responsible for the general administration and management of the bureau.
The Commissioner is assisted by seven Deputy Commissioner, who supervises the following:
1. The Internal Administrative Group (IAG) – they assists the Commissioner in the formulation of policies and in the
setting up of objectives relative to financial, administrative, personnel, planning and management improvement of the
bureau.
2. Revenue Collection Monitoring Group (RCMG) – responsible in maintaining an accounting of revenues collected;
administers the legal requirements of the bureau; provides information and analysis of collection statistics and audits
liquidated entries and bonds.
3. Assessment and Operations Coordinating Group (AOCG) – gathers and publishes of values of commodities imported
into the country; and monitors implementation of rules and regulations governing assessment, end processing of goods
for exports, warehousing and support operations and auction and disposal activities.
4. The Intelligence Group (IG) – gathers intelligence related to customs and economic activities, responsible in
conducting internal inquiry and investigation and exercises police authority.
5. Enforcement Group (EG) – responsible in exercising police authority at all ports, taking charge of customs border
control, port security and communication, as well as inspection and monitoring of cargoes.
6. The Management Information System and Technology Group (MISTG) – assumes direct management and control
of information technology facilities and responsible for overall supervision of the different operating units
7. The Post Clearance Audit Group (PCAG) – mandated to conduct final payment of duties and taxes or customs
clearance, an audit examination, inspection , verification and investigation of records pertaining to any goods declaration
for the purpose of ascertaining the correctness of the goods declaration and determining the liability of the importer of
duties, taxes and other charge including any fine or penalty.
The Bureau of Customs has 17 Customs Districts. The Customs District is being headed by a District Collector, assisted as
many Deputy District Director as necessary. The BoC maintains their Customs District because they are designated as “principal port
of entry” and every principal port of entry has its sub-ports of entry. The following are the Collection Districts of the BoC:
1. Customs District I - Port of San Fernando City, La Union
2. Customs District II A – Port of Manila in Port Area, Manila
3. Customs District II B – Manila International Container Port (MICP) in Tondo, Manila
4. Customs District III -
The following are some of the laws and regulations being enforced by the Bureau of Customs:
1. Republic Act No. 1937 – An act to revise and codify the tariff and customs laws of the Philippines
2. Republic Act No. 5207 as amended by Presidential Decree No. 1484 – An act providing for the licensing
and regulation of atomic energy facilities and materials, establishing rules on liability for nuclear damage
and for other purposes
3. Republic Act No. 9165 in connection with the Philippine Drug Enforcement Agency
4. Republic Act No. 6969 – An act to control toxic substances and hazardous and nuclear wastes, providing
penalties for violations thereof, and for other purposes
5. Republic Act No. 8294 – An act amending the provisions of Presidential Decree No. 1866
6. Presidential Decree No. 930 – Simplifying export procedures and documentation by realigning functions of
certain government offices/agencies involved in processing export documents, by authorizing the issuance
15
of periodic clearances, by the adoption of standardized export documents, and for other purposes
7. Executive Order No. 522 – amending the EO No. 60 s. of 1967 – Prescribing rules and regulations for the
control and supervision of the importation, sale and possession of chemicals used as ingredients in the
manufacture of explosives and for other purposes
8. DENR Administrative Order No. 39 s. of 1977 – Chemical control order for cyanide and cyanide
compounds
9. DENR Administrative Order No. 2005-05 – Toxic Chemical Substances for Issuance of chemical control
orders
10. National Defense Ministry Cir. No. 22 Export of defense items
BUREAU OF IMMIGRATION
Origin of Bureau of Immigration
1899 (during American Regime) - This was pursuant to Act No. 702 of the Philippine Commission. The immigration then
was under the Bureau of Custom.
1937 - it was transferred as a division of the Bureau of Labor.
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.
1948 - the Bureau was reverted to the jurisdiction of the Department of Justice where it has remained up to the present time.
September 21, 1972 - 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, change of name of the office from the Bureau of
Immigration to Commission on Immigration and Deportation.
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.”
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 foreign 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-immigrant
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 institutions 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.
16