Module 1

Download as pdf or txt
Download as pdf or txt
You are on page 1of 11

MODULE 1

PCRIM C1-Law Enforcement Organization and Administration

Title of the Module


Chapter I. Introduction to law enforcement organization

Introduction
This chapter presents the overview of the historical background and
development of policing in the world including the Philippines. This also
covers the basic theory, philosophy, and principle of law enforcement
service which serve as the foundation our existing law enforcement
agencies.

Learning Outcome
The students are expected to:
 Discuss the background of policing and how it was developed in the world
 Explain the various theory, philosophy, and principles behind law
enforcement service
 Determine significant events in the evolution of the Philippine police services
 Important Filipino Personalities in the evolution of Philippine Policing system
 Explain the elements/principles of organization
 Illustrate the various types of organizational structure
 Organizational Titles and Terminologies

Learning Content

DEFINITION OF MANAGEMENT AND ADMINISTRATION

 Management is an act of managing people and their work for achieving a


common goal by using the organization’s resources. It is a group of people
who use their skills and talent in running the complete system of the
organization.

 Administration is systematic process of administering the management


of a business organization.
DEFINITION OF POLICE ORGANIZATION AND ADMINISTRATION

 Police Organization is a structured group of trained personnel dealt with


achieving the goal of protecting life and property, ensuring public safety and
maintaining peace and order.

 Police Administration is simply refers to police in action which includes the


cooperative human effort to achieve the purposes of the Criminal Justice
System.

 Police Management includes the administrative activities of coordinating,


controlling and directing police resource, activities and personnel.

DEFINITION OF LAW ENFORCEMENT AND LAW ENFORCEMENT AGENCY

 Law enforcement is the act of enforcing the law by discovering, deterring,


rehabilitating or punishing violators of law. It encompasses police,
prosecution, court, correction and the lupong tagapamayapa. It refers also
to the department of people who enforce laws, investigate crimes, and
make arrest.

 Law enforcement agency refers to a government organization responsible


for ensuring that the law are followed by people. They are also responsible
for maintaining order and protecting property and life.

ETYMOLOGY OF THE WORD POLICE

 The word police originated from the Greek word “politeia” which means
government of a city or civil organization and the state. The term used to
describe a group of civil officers governing the city.

 When the Romans conquered the Greeks, they changed the word slightly to
“politia”. During the reign of the French, they changed the word to
“POLICE” and used it to describe authorized people who actually enforce the
law. The English and Americans borrowed the word from the French and used
it to describe a law enforcement officer.
HISTORICAL DEVELOPMENT OF POLICING

 The idea of policing originated from the use of military bodies as guardians
of peace in ancient Rome known as Praetorian Guards.

1. Anglo-Saxon Period (Ancient England)


a. Frankpledge (mutual pledge)- under this system, every male over 12
years old join 9 of his neighbor to form a tithingmen who are tasked to
apprehend any person who offends another and delivers him for trial.
b. Tun Policing- tun was the forerunner of the word town in which all male
residents were required to guard the town to preserve peace.
c. Hue and cry- a system of apprehending criminals whereby a complainant
goes to the middle of the community and shouts to call all male residents
to assemble and arrest the suspect.
d. Royal judge- started the identification of criminals through criminal
investigation and giving punishment.
e. Trial by ordeal- a system of determining guilt of a suspect by undergoing
an ordeal such as placing his hand in boiling water, not having been hurt
means that he is innocent, otherwise, he is guilty.
f. Thanes Policing System – it was introduced by King Alfred the great
where landowners acted as the internal police of their own territory having
the power to arrest offenders and settle civil litigations.

2. Norman Period

a. Shire Reeve System- England was divided into 55 military districts known
as shire-reeve. Shire was the district while reeve was the ruler. It was the
forerunner of the word sheriff.
b. Traveling judge- responsible in hearing cases taken from the shire reeve
due to some abuses. It was the forerunner of circuit trial court judge.
c. Legis Henrie (Henry)- a law enacted which classified offenses against the
king and the individuals, made policemen public officials, empowered
police and citizens to conduct arrest and assigned grand jury to inquire on
facts of law.
d. Magna Carta- document sealed by King John of England that became law
upon the demand of the knights of the round table which stated that no
freeman shall be imprisoned except by legal judgment, no person shall be
tried of murder unless there is proof of the body of the victim and that there
shall be a national and local government and legislation.

3. Westminster Period

a. statute of Winchester
 It was enacted for law and order
 It introduces the watch and ward system
b. statute of 1295
 This initiated the closing of the gates of London during sunset
 It stated the observation of the curfew hours
c. Justice of the peace
 This was a position given to the respected civilians to have the power
to arrest, pursue, and imprison offenders.
d. Star Chamber Court
 Initially established as a special court that tried offenders against the
state
 Later, became both a court of law to determine civil rights and a court
of revenue to enrich treasury

4. Modern Period

a. Night watchmen or bellmen


 They were deployed for duty from sunset to sunrise.
b. Bow Street Runner (thief catchers)
 It was organized by Henry Fielding in London
 Formed the Bow Street Horse Patrol whose duty was to patrol the main
roads and secure the travellers from highway bandits.
c. London Metropolitan Police
 It was established by Sir Robert Peel in 1829 which became the world’s
first modern organized police force;
 Later called as Scotland Yard

PRINCIPLES OF ORGANIZATION AND ADMINISTRATION BY ROBERT PEEL


 A stable effective military organization of civic police under government
control;
 Absence of crime would be the best proof of the efficiency of the police;
 Fast distribution of crime news to all the police was essential;
 The proper territorial distribution of the forces according to hours and shift
must be accomplished;
 No qualification more indispensable to a police officer than the perfect
command of temper since a quiet and determined manner has more effect,
and commands more respects , than violent action;
 Good appearance commands respects;
 Proper selection and training is the basis of efficiency;
 Public safety requires that every police officer be given a distinguishing
number.

THE POLICING PRINCIPLE OF ROBERT PEEL


1. “The basic mission for whom 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 co-operation 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 co-operation of the public that can be secured diminishes
proportionately to the necessity of the use of physical force”
5. “Police seek and preserve public favour not by catering to the 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 exercise of persuasion, advice and warning
is found to be insufficient.”
7. “Police, at all times, should maintain a relationship with the public that gives
reality to the historic tradition that the police are the public and the public are the
police; the police being only members of the public who are paid to give full-time
attention to duties which are incumbent on every citizen in the interests of
community welfare and existence”
8. “Police should always direct their action 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.”

FUNDAMENTAL THEORIES OF POLICE SERVICE


a. Continental Theory – Police officers are considered servants of the higher
authorities and the people have little or no share at all in their duties, nor
any direct connection with them. This theory prevails among continental
countries, like France, Italy, Spain, where the governmental structure
follows the centralized pattern.
b. Home-Rule Theory – Police officers are considered as servants of the
community who depend for the effectiveness of their functions upon the
express wishes of the people. In this theory, police officers are civil
employees whose primary duty is the preservation of public peace and
security. This is practiced in England and in United States of America,
where the governmental structure is decentralized.

CONCEPTS OF POLICE SERVICE


a. Old Concept – police service is looked upon the police as merely as
repressive machinery. This old philosophy means throwing more people in
jail rather than keeping them out of jail. Under this concept, punishment
is the sole instrument of crime control. The yardstick of efficiency of the
police is more arrest.

b. Modern Concept – police service considers the police as an organ of crime


prevention. Police service today has broadened its activities to include
certain aspects of social service and has for its objective the welfare of the
individual as well as that of the society. Under this philosophy, the
yardstick of efficiency of the police.

PRINCIPLES OF POLICE ORGANIZATION


1. Principle of Unity of Objectives – an organization is effective if it enables the
individuals to contribute to the organization’s objectives.
2. Principle of Organizational Efficiency – Organization efficiency is effective if it
is structured in such a way to aid the accomplishment of the organization’s
objectives with a minimum cost.
3. Scalar Principle – shows the vertical hierarchy of the organization which
defines an unbroken chain of units from top to bottom describing explicitly
the flow of authority.
4. Functional Principle – refers to division of work according to type, place, time
and specialization
5. Line and Staff – implies that a system of varied functions arrange into a
workable pattern. The line organization is responsible for the direct
accomplishment of the objectives while the staff is responsible for support,
advisory and facilitates capacity.
6. Principle of Balance – states the application of principles must be balanced
to ensure the effectiveness of the structure in meeting organization’s
objectives.
7. Principle of Delegation by result – states that authority delegated should be
adequate to ensure the ability to accomplish expected results.
8. Principle of absoluteness of responsibility – explains that the responsibility of
the subordinates to their superior for performance is absolute and the
superior cannot escape responsibility for the organization on activities
performed by their subordinates.
9. Principle of Parity and Responsibility – explains that responsibility for action
cannot be greater than that implied by the authority delegated nor should it
be less.
10. Authority Level Principle – implies that decisions within the authority of the
individual commander should be made by them and not be returned upward in
the organizational structure.
11. Principle of Flexibility – means that more flexible the organization, the more
it can fulfill its purpose.

EVOLUTION OF PHILIPPINE POLICE SERVICE


Spanish Regime
1. The Guardrilleros – This was body of rural police organized in each town and
established by the Royal Decree of January 8, 1836. This Act provided that
5% of the able-bodied male inhabitants of each province were to be enlisted
in this police organization for 3 years.
2. 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 with carbines. In 1781, it was given the special commission of
government custodian of the tobacco monopoly. By Royal Decree on
December 20, 1842, it was organized and called CUERPO DE CARABINEROS
DE SEGURIDAD PUBLICA, hence, its duties become police like and more
general.
3. The Guardia Civil – this was created by a Royal decree issued by the Crown
on February 12, 1852 to partially relieve the Spanish Peninsular troops of
their work in policing towns.

American Occupation
1. Insular Police Force (November 30, 1890)
 It was established during the Filipino-American war

2. Insular Constabulary (July 18, 1901)


 It was created by Act. No. 175 “An act providing for the organization and
government of an Insular Constabulary”
3. Manila Police Department (July 31, 1901)
 Organized by virtue of Act. No. 183
 Capt. George Curry, the first Chief of police
 Col. Antonio C. Torres, the first Filipino Chief of Police of MPD
 Col. Lamberto T. Javalera, the first Filipino COP of MPD under Republic
Government
4. Philippine Constabulary (October 3, 1901)
 It replaced the insular constabulary by virtue of Act. No. 255
 Capt. Henry T. Allen, first chief of PC and called as the father of
constabulary
 Brig/Gen. Rafael Crame, the first Filipino Chief of Police of PC

Japanese Occupation
 Kempeitai
o Japanese military police force held responsible in maintaining peace
and order in manila

IMPORTANT FILIPINO PERSONALITIES IN THE EVOLUTION OF PHILIPPINE


POLICING SYSTEM

 William Howard Taft - First Civil Governor of the Philippines.


 Capt. George Curry – First Chief of Police of the Manila Police
Department.
 Capt. Columbus E. Piatt – last American chief of police of manila police
department before the WWII broke out.
 Capt. Henry T. Allen – First Chief of police of Philippine Constabulary.
 Brig. Gen. Rafael Crame – First Pilipino Chief of Police o Phil.
Constabulary.
 Col. Antonio C. Torres – First Pilipino Chief Of Police of Manila Police
Department when it became All-Filipino Police Organization.
 Col. Marcus Ellis Jones – First Chief of Police of manila Police Department
upon Liberation of Manila from the Japanese Imperial Army.
 Col. Lamberto T. Jalavera – First Chief Of police of manila police
department under the Republican government of Pres. Roxas.
 P/DIR Gen Cesar Nazareno – The first Chief of Philippine National Police
(PNP).

RELATED LAWS IN POLICE SERVICE


1. Republic Act # 4864 (Police Act of 1966) – it was enacted on September 8,
1966 which created the Office of Police Commission which was later called
NAPOLCOM.

2. Presidential Decree # 765 – it was enacted on August 8, 1975 which created


the Integrated National Police and provides for the NAPOLCOM to be under
the Office of Ministry of National Defense.

3. Republic Act #6040 (Tolentino Law) – empowering the Police Commission to


give appropriate examinations to officers and members of police force aimed
at professionalizing police services.

4. Republic Act #6975 (DILG Act of 1990) – establishing the Philippine National
Police. Enacted December 13, 1990 this abolished the PC-INP and created
agencies under the DILG (PNP, BFP, BJMP & PPSC).

5. Republic Act #8551 (PNP Reform and Reorganization Act of 1998) – created
on February 25, 1998 which provides for the reformation and
professionalization of the PNP.

6. Republic act 9708 – Law amending the provision of RA 6975 and RA 8551
on the minimum educational qualification for appointment to the PNP and
adjusting the promotion system.
ELEMENTS OF THE ORGANIZATION
1. SPECIALIZATION - The assignment of particular workers to particular tasks.
Thus, it can be thought of in terms of either jobs or people.

2. HEIRARCHY OF AUTHORITY - Hierarchy represents the formal


relationship among superiors and subordinates in any given organization. It
can be visualized as a ladder with each rung representing a higher or lower
level of authority. Authority is the right to command or control the behavior
of employees in lower positions within an organizational hierarchy

3. SPAN OF CONTROL - Span of control is the maximum number of


subordinates at a given position that superior can supervise effectively.

4. DELEGATION OF AUTHORITY - Delegation is the conferring of an amount


of authority by a superior position onto a lower-level position. The person to
whom authority is delegated becomes responsible to the superior for doing
the assigned job.

5. UNITY OF COMMAND - It means that each employee should have only one
supervisor or “boss”.

TYPES OF POLICE ORGANIZATIONAL STRUCTURES

a. Line Organization – The straight line organization, often called the


individual, military or departmental type of organization is the simplest
and perhaps the oldest type; but it is seldom encountered in its channels
of authority and responsibility extends in a direct line from top to bottom
within the structures, authority is definite and absolute.
b. Functional Organization – The functional organization in its pure form is
rarely found in present day organization, except at or near the top of the
very large organization. Unlike the line type of structure, those
establishments organized on a functional basis violate the prime rule that
men perform best when they have but one superior. The functional
responsibility of each “functional manger” is limited to the particular
activity over which he has control, regardless of who performs the function.
c. Line and Staff Organization – Is a combination of the line and functional
types. It combines staff specialists such as the criminalist, the training
officer, the research and development specialist etc. Channels of
responsibility is to “think and provide expertise” for the line units. The line
supervisor must remember that he obtains advice from the staff
specialists.
CLASSIFICATION OF LINE STAFF AND AUXILIARY FUNCTIONS
 Line functions – are the backbone of the police department which include
patrol, investigation and traffic control which is performed by “line members”
including patrol officer, sergeant and the chief of police.
 Staff functions – are those operations assigned to support the line functions,
staff members are necessarily advisors who are typically assigned to planning,
research, legal advice and budgeting. Staff members are often civilians with
specialized training. The main function is to study police policies and
practices and to offer proposals to the chief executive of the department.
 Auxiliary functions – involve the logistical operations of the department
including training, communications, jailing, maintenance, record keeping
and similar operations.

ORGANIZATIONAL TITLES AND TERMINOLOGIES

Functional Units

 Bureau – The largest organic functional unit within a large department. It


comprises a number of divisions.
 Division – A primary subdivision of a bureau
 Section – Functional Unit within a division that is necessarily for
specialization
 Unit – functional group within section, or the smallest functional group
within an organization.

Territorial Units

 Post – A fixed point or location to which an officer is assigned for duty,


such as a designated desk or office or an intersection or cross-walk from
traffic duty.
 Route – A length of streets designated for patrol purposes. It also called
line beat.
 Beat – An area assigned for patrol purposes whether foot or motorized.
 Sector – An area containing two or more beats, routes or post.
 District – A geographical subdivision of a city for patrol purposes, usually
with its own station.
 Area - A section or territorial division of a large city each comprised of
designated districts.

Other Terminologies

 Sworn Officer – All personnel of the police department who have oath and
who possess the power of arrest.
 Superior Officer – One having supervisory responsibilities, either
temporary of permanently, over officers lower ranks
 Commanding Officer – an officer who is in command of the department,
a bureau, a division, an area or a district.
 Ranking Officer – The officer who has the more senior rank/higher rank
in a team or group.
 On Duty – The period when an officer is actively engaged in the
performance of his duty.
 Off Duty – The nature of which the police officer is free from specific
routine duty.
 Special Duty – the police service, its nature, which requires that the officer
be excused from the performance of his active regular duty.
 Leave of Absence – a period when a officer is excused from active duty by
any valid reason that is acceptable by the higher authorities.
 Sick Leave – Period which an officer is excused from active duty by reason
of illness or injury.
 Suspension – A consequences of an act which temporarily deprives an
officer from privilege of performing his duties as result of violating
directives or other department regulations.
 Order – An instruction given by ranking officer to a subordinate.
 Report – Usually written communication unless otherwise specifies to be
verbal reports; verbal reports should be confirmed by written
communication.

References
Guadamor, M. et al. 2010. Police Organization and Administration, TCS-
Publishing House, Quezon City.
Guevara, R. & Vinas, W. 2008. Police Organization and Administration
with Police Planning, Wiseman’s Books Trading Inc. Philippines.
Padduyao, F. 2016. Police Organization and Administration, Wiseman’s
Books Trading Inc. Philippines.
Soriano, O. 2012. Compendium in Law Enforcement Administration,
Nueva Ecija Review Center and Educational Supplies, Cabanatuan City.
Soriano, O. 2010. Police Personnel and Records Management, Great Books
Publishing.

You might also like