Lea 1

September 23, 2017 | Author: Ser Docz | Category: Police, Crimes, Crime & Justice, Police Officer, Law Enforcement
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POPSHEETS IN LAW ENFORCEMENT ADMINISTRATION-1 [email protected]hoo.com HCCB-CRIMINOLOGY

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LEA-1 POLICE ORGANIZATION AND ADMINISTRATION WITH POLICE PLANNING By: RICO T. MUSONG, R.C.

Subject Code: Law Enforcement Administration (LEA) 1 Subject Course Title: Police Organization and Administration with Police Planning Course Description: The course deals with the study of principles underlying police organization and management with particular focus on the Constitutional mandate, Republic Acts 6975 and 8551, and previous laws and issuances relating thereto. It includes the organizational structure and organization of the Philippine National Police, on the national and local levels. Emphasis is given on direction, supervision, coordination and control of all local police forces as a homogeneous body under a single command. It also includes the basic management functions in so far as these are applied to the police organization. Police planning is integrated into this course, and it is designed to equip the students with knowledge on the development of effective plans, particularly on strategies and tactics for effective operations. The emphasis is on the special techniques and procedure applicable to unusual needs like unusual criminal activities, civil disturbances, special community events, disaster plans, and civil defense. Introduction: The organization with management and administration is directed towards the achievement of goals and objectives. Goals are broad statements of general and long term organizational purposes often used to define the role of the police, for instance, to prevent crime, maintain order or help solve community problems. Objectives are specific short term statements consistent with an organizations goal. The organization guides members in its operation of the assigned duties. It enhances better administration of the department. Good organization and administration would eventually mean effective and efficient police work. Organization can also distinguished by their degree of formality and structure: 1. Formal Organization- is defined as those organizations that are formally established for explicit purpose of achieving certain goals. (Stable social institutions.) 2. Informal Organization- are those sharing the basic characteristic of all organizations arise through the social interactions of individuals or through family grouping. What is Organization? It is a form of human association for the attainment of goal or objective. It is the process of identifying and grouping the work to be performed, defining and delegating

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responsibility and authority establishing relationships for the propose of enabling people work effectively. What is Police Organization? Police organization is a group of trained personnel in the field of public safety administration engaged in the achievement of goals and objectives that promotes the maintenance of crimes. Administration of Police Organization- It is the systematic structure of management of a police organization. What is Police? Police is a branch of the criminal justice system that has the specific responsibility of maintaining law and order and combating crime within the society. The term police are derived from the word POLITIA, meaning condition of a state, government and administration, POLITIA organization is from the Greek word POLITEIA which means government, citizenship, or the entire activity of a POLIS, a city. POLICE (broadest sense) means the internal organization or regulation of a state, the control and regulation of a community or state through the exercise of the constitutions power of the government. POLICE (less broadest sense) it denotes the power of the government which concerns the tranquility, public order, peace, security of persons and property and the protection of the public health and moral. In the very restricted sense, the word police refers exclusively to that body of armed men which as an institution is capable of exercising its duties by armed physical forces in the preservation and detection of crime and the execution of laws. Police Activities: 1. 2. 3. 4. 5. 6.

The prevention of Criminality. Repression of Crime. Apprehending of offenders. Recovery of Property. Regulation of Non-Criminal Conduct. Performance of Related Miscellaneous Service.

The organization of the police force commonly requires the following organizational units:

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Functional Units: 1. Bureau- the largest organic functional unit within a large department. It comprises of numbers of divisions: 2. Division- a primary subdivision of a bureau. 3. Section- functional unit within a division that is necessary for specialization. 4. Unit- functional group within a section; or the smallest functional group within an organization. Territorial Units: 1. 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. It is a spot location for general guard duty. 2. Route- a length of streets designated for patrol purposes. It is also called LINE BEAT. 3. Beat- an area assigned for patrol purposes, whether foot or motorized. 4. Sector- an area containing two or more beats, routes, or post. 5. District- a geographical subdivision of a city for patrol purposes, usually with its own station. 6. Area- a section or territorial division of a large city each comprised of designated districts. Other Items and Terminologies 1. Sworn Officers- all personnel of the police department who have oath and who posses the power to arrest. 2. Superior Officer- one having supervisory responsibilities, either temporarily or permanently, over officers of lower rank. 3. Commanding Officer- an officer who is in command of the department, a bureau, a division, an area, or a district. 4. Ranking Officer- the officer who has the senior rank in a team or group. 5. Length of Service- the period of time that has elapsed since the oath of office was administered. Previous active services may be included or added. 6. On Duty- the period when an officer is actively engaged in the performance of his duty. 7. Off Duty- the nature of which the police officer is free from specific routine duty. 8. Special Duty- the police service, its nature, which requires that the officer be excused from the performance of his active regular duty. 9. Leave of Absence- period, which an officer is excused from active duty by any valid\acceptable reason, approved by higher authority. 10. Sick leave- period which an officer is excused from active duty by reason of illness or injury. 11. 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.

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12. Department Rules- rules established by department directors\superiors to control the conduct of the members of the police force. 13. Duty Manual- describes the procedures and defines the duties of officers assigned to specified post or position. 14. Order- an instruction given by a ranking officer to a subordinate, either: a. General Order, b. Special, or c. Personal 15. Report- usually a written communication unless otherwise specifies to be verbal reports; verbal reports should be confirmed by written communication. Nature of Police Organization The police department is truly a complex bureaucracy. It is mostly a multi-level organization, organized in the form of a pyramid with the top-level administrator being the chief of police. At the bottom level of the organization, one finds the patrolman or line officer. The patrol officer is the backbone of the police department. The lowest level worker found in many, if not most, complex organizations who usually performs the routine, repetitive kind of work necessary to keep the organization functioning. The police department by its very nature places the line officer in a position where he is a decision maker and manager of his area of responsibility from the first time he is given a beat to patrol. There are indeed few agencies in which the efficiency and parameter of the law enforcement functions are vested in those individuals quite likely have the least amount of experience and expertise in the organization. Types of Police Organizational Structures An organizational structure is a mechanical means of depicting, by an arrangement of symbols, the relationships that exist between individuals, groups, and functional relationships between groups and individuals clearly defined to ensure accountability and compliance. Line Organization The straight line organization, often called the individual, military or departmental types of organization, is the simplest and perhaps the oldest types; 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. While the line type of organization has many advantages, it also has some inherent weaknesses which, for many organizations, make its use impractical. Perhaps its greatest advantage it that, it is utterly simple. It involves a division of the work into units of eight person with a person in charge who has complete control and who can be hold directly responsible or accountable for result, or lack of them. Quick decisions can be made in the line organization because of the direct lines authority. Because of these direct lines, each member in the chain of command knows to /opt/scribd/conversion/tmp/scratch2543/41852252.doc

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whom he is clearly fixed. Discipline is administered in this type of the organization. Responsibility for making decisions is well identified. Singleness of purpose is fostered. Coordination of effort is relatively easy to achieve because functional overlapping in between units, a prime cause of friction in any organization can be minimized. Functional Organization The functional organization in its pure form is rarely found in present day organizations, except at or near the top of the very large organizations. Unlike the type of structure, those establishment 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 manager is limited to the particular activity over which he has control, regardless of who performs the function. Coordination of effort in this type of organization becomes difficult since the employees responsible for results may be subject to functional direction of several persons. Discipline is difficult to administer because of this multi-headed leadership. There may be considerable conflict among the functional administrators, resulting in much conclusion among line personnel. Line of authority and responsibility are fragmented into many functional channels, making each superior responsible to several superiors depending upon the function he happens to be performing. The functional organization in its purest form is rarely found in present-day organization except at or near the top level. Advantages 1. divides responsibility and authority between several specialist; 2. functional responsibility is limited to the particular activity over which he has control regardless of who performs the functions. Disadvantages 1. coordination of effort becomes difficult; 2. Discipline is difficult to administer; 3. Conflict among the functional administrators. Line and Staff Organization The line and staff organization is a combination of the line and functional types. It combines staff specialist such as the criminalists, the training officers, the research and development specialists, 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 specialist.

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In normal operations, the staff supervisor has line commands but with recognized limitations such as coordination between line and staff personnel can be achieved without undue friction. Failure to recognize these line and staff relationship is the greatest and most frequent source of friction and a barrier to effective coordination. The advantage of this kind would be- it combines staff specialist or units with line organization so that service of knowledge can be provided line personnel by specialist. POLICE SERVICE Fundamental Theories of Police Service 1. The Continental Theory- police are servant of higher authorities and the people have little or no share at all in their duties, nor any direct connection with them. 2. The Home Rule Theory- policemen are considered as servants of the community who defend for the effectiveness of their function upon the express wishes of the people. Concepts of Police Service 1. Old Concepts- this old philosophy means throwing more people in jail rather than keeping these out jail. Punishment is the sole instrument of crime control. The yardstick of efficiency of the police is more on arrests. 2. Modern Concept- police service today has broadened its activities to include certain aspect of social service for the welfare of the people. Their yardstick of efficiency is the absence of crime. All police function and activities can be categorized as their line or non-line. Line functions are those tasks that directly facilitate the accomplishment of organizational goals, whereas non-line functions are those tasks that supplement the line its task performance. Line activities are further broken into the sub-categories: primary line and secondary line functions, both of which are field service. 1. Line Function 1.1. Primary Line Function The primary line function is police patrol; that is the patrol activities of a police organization are considered basic and the first priority. The patrol division has the initial responsibility for crime prevention and dictation of the apprehension of offenders. It also assists in the preparation in the facts for presentation in a court of law. Theoretically, if the patrol force were 100 percent effective in the execution of its assigned tasks, the need for specialized units (traffic and detective) would be eliminated. The patrol function is accurately called the backbone of the police service. 1.2. Secondary Function

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Historically, police department were established only as police patrols, however as municipalities increased in population, area, and technology (for example, the invention of the automobile), the burden of this patrols was greatly increased. The department, were unable to provide additional personnel because of budgetary limitations, were unable to increase the number of the officers on the patrol beat in proportion to the rising population and rate of crime and was force to enlarge each officers beat. 2. Non-Line Function Simply put, non-line functions are those services that support the line. Whereas the line provides services directly to the citizens, non-line activities help the line to accomplish its primary task. Traditionally non-line or support activities consist of two major categories: staff and auxiliary services. 2.1.

Staff Services

These activities that have the responsibility and personal development and department management are staff services. Personal development includes recruitment, selection, training, and supervision. Budget, planning and research, inspection, and similar activities fall under the heading of managerial activities. 2.2.

Auxiliary Services

All non-line not regarded as staff service are classified as auxiliary services. Typically, they provide support service of both a technical and non-technical nature to both line and non-line activities. Polygraph examiner, photographer, fingerprint and crime scene technicians, and the police laboratory are technical auxiliary services that support the line activities. The jail and the communication system and non-line (staff) activities. Some activities are extremely difficult to classify as either the staff or auxiliary. In many instances they perform a dual service. Police community relation units, although performing secondary line service, may be designated as an auxiliary or even a staff function. Illustration 1 presents the various functions. Illustration 1

LINE FUNCTION Primary

NON-LINE FUNCTION

Secondary -Criminal Investigation

Staff -Planning and Research

-Patrol

Auxiliary -Police record system -Identification service

-Vice Investigation

-Inspection

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-Traffic Regulation and control

-Personnel Administration

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-Property control -Communication

-Crime Prevention

-Training -Crime Laboratory -Budgeting Control -Jail -Purchasing -Supply -Public Relation -Transportation -Maintenance

PRINCIPLES OF ORGANIZATION To understand the organization and operation of public departments certain general basic principles of organization must be understood. These principles of organization were generated by the experience of industry, business, and the military services. They have no absolute values, but they do provide a check list against which an organization can be structurally and functionally evaluated. This notion will become more defined as each principle is considered. Division of Labor For a police organization to be effective, work assignments must be designed so that similar tasks, functions, and activities are given to an individual or group for accomplishment. Police functions are sub-divided into units that are described as follows: 1. Branch- usually the largest unit within station 2. Division- part of the branch having a department-wide function 3. Section- basically one of the several functional elements of a division Unity of Command Unity of command requires that an individual be directly accountable to only one superior. No person can effectively serve two superiors at a given time. Chain of Command Primarily this principle provides for the vertical movement of authority up and down established channels in the organizational hierarchy. To illustrate this concept, consider a directives originating in the office of the patrol chief intended for the patrol force (downward movement). Two levels of authority fall between the patrol chief and the patrol officer/opt/scribd/conversion/tmp/scratch2543/41852252.doc

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inspector. Because both levels are held responsible for various aspects of patrol supervision, both must be aware of such directives. If either supervisor is by-passed, that one can not be held accountable for the lack of knowledge. Further, performance of supervisory duties is greatly hindered, and potentially serious problem is created. Delegation of Responsibility and Authority There must be a clear line of normal authority running from the top to bottom of every organization. Ultimate authority and responsibility for a police organization lies at the top of the chain of command-with the chief. However, if a subordinate is to be held responsible for the accomplishment of a given task, he or she must be given the authority to carry out those responsibilities. It is important, also the responsibility and the authority be clearly defined. If the patrol officers is given the responsibility for evaluating police response time on a given day or in a specific situation, the officer must be given the authority to procure the communication logs from the communication center. Without this authority, the entire task can not be accomplished. Delineation of Responsibility and Authority A clear-out delineation of responsibility and authority is essential to prevent confusion of lines of authority. If responsibility and authority are not clearly defined, conflicts, duplication and overlaps of function lead to confusion and inefficiency. Each officer and each organization segment of authority delegated to accomplish the job. Span of Control The number of officers or units reporting directly to the supervisor should not exceed the number that can be feasibly and effectively coordinate and directed. There are an innumerable factor that limits the span control including distance, time, knowledge, personality, and the complexity of the work to be performed. It is not unusual to fine fifty or sixty workers to perform identification function reporting to one supervisor. On the other hand, as we ascend the chain of command and the diversity of functions increases, the number of individuals that a police executive supervises decreases rapidly. Objective All organizational elements must contribute, directly or indirectly, to the accomplishment of the objectives of the enterprise. Each organizational element should be formed for a definite purpose, and this purposes must be accomplish the major objective. Any police function and organizational elements that is not required in the accomplishment of the overall objectives should be eliminated. Coordination The organizational structure must facilitate the development of close, friendly, and cooperative relations, especially between line and staff activities. Effective coordination is

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dependent almost entirely upon adequate communication among all element of a police organization. Time The police service is among the few public services that maintain a twenty-four hour schedule. It is necessary to the department to assigned officers in sufficient number to meet the demands at any given time. Watch or Shift A time division of the day to ensure proper allocation of personnel. Shifts are normally eight consecutive hours, five days, giving an officer a forty-hour a week. However, longer working hours and work weeks are common. Further, shifts frequently overlaps to provide additional personnel during peak period. Territory Territorial distribution is necessary to ensure the availability and general suitability of the patrol service throughout a jurisdiction. Geographical or territorial divisions of the department can beer described as follows: 1. Post- a fixed or stationary point location (e.g., a specified street intersection, surveillance site, or an assigned desk or office). 2. Rout or Lined Beat- a length of street normally assigned to the traffic and patrol officers whether foot or mobile. The rout has the characteristics of being continuous, in a straight line, or the line sight. 3. Beat- a geographical area, once again assigned to either foot or mobile patrol and traffic officer. 4. Section- two or more beats, routes, posts, or any combination thereof. Clientele The distribution of patrol services with respect to the characteristics of the population served must be recognized and dealt with in contemporary law enforcement. The development of specialized functional units expresses the principle of the organization by clientele. Nature of the Office of a Policeman A police man must have a mind of a lawyer the soul of a clergyman, the heart of the social worker, discipline of an army sergeant, the integrity of a saint. He must believe in a community of law, while seeing little but lawlessness; believe in the goodness of man, while seeing the man most often at his worst, depend on his faithfulness, know his jurisdictions like a sociologist, and he must understand people like a psychologist. He must take long view of life like a philosopher and yet never losing his common touch.

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POLICE OPERATIONS Police Operation Another word in the large collection of police service terminology is operations. For the most part, operation is synonymous with line function. In accordance with previous definitions, operations are inclusive of both primary and secondary line functions. Subdivision of the Operation Area. 1. District- is a subdivision of a province and shall consist of a metropolitan city or a metropolitan city and adjacent municipalities\ small cities, or several adjacent municipalities and small cities. 2. Station- is a subdivision of a district and shall consist of a large municipality or a small city or municipalities\small city and some adjacent smaller municipalities or several adjacent municipalities. 3. Sub-station- is a subdivision of a station and shall consist of a large municipality or s small city or a municipality itself. Operating Unit of a Police Station 1. Patrol Division\Section- shall be responsible for crime prevention; general preservation of peace and order; crime suppression, and other public safety services. 2. Investigation Division\section- shall be charged with the duty of carrying on the objectives of criminal investigation, that is, to identify and locate the guilty party and provide evidence of his guilt through criminal proceedings. 3. Vice Control Division\Section- shall be responsible for the neutralization or suppression of vices such as gambling, prostitution and drug abuse. 4. Juvenile Division\Section- shall be primarily concerned with children and youth, the correction and rehabilitation of youth offenders. 5. Intelligence Division\Section- shall work for the detection of syndicated crimes and subtle criminal activities, including subversion and threats to the security of the state. 6. Traffic Division\section- shall be responsible fro the enforcement of traffic laws and regulation of traffic. This section is primarily concerned with the motorist and pedestrians.

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7. Homicide Division\Section- shall be charged with the duty to investigate homicide and murder cases. 8. Municipal Police Sub-station- shall be concerned with the general maintenance of peace, order and public safety within their respective jurisdictions. The Municipal Police Sub-station shall consist of two principal sections with corresponding functions as indicated below: a. Patrol Section 1. 2. 3. 4. 5. 6.

Preservation of peace and order Suppression of criminal activities crime prevention Inspection activities Enforcement of traffic laws and regulations Fire prevention and control

b. Investigation section 1. 2. 3. 4.

Crime investigation Vice control Control of juvenile delinquency custody of prisoners

Peace Officer of Small Police Station Peace officers of small Police stations are considered as generalist. Most small police station within the limits of their capabilities, are responsible for all activities in the fields of law enforcement and public safety. They provide routine patrol, conduct premise inspection, make criminal and traffic investigations, make arrest, and in other ways, provide for the community security. In such stations, its members and officers are by and large generalist.

Historical Background on Policing  Primitive Policing Law enforcement can be traced back to the cave dwellers, who were expected to follow certain rules or face banishment or death. The customs depicted in early cave dwelling may represent the beginning of law and law enforcement. The prehistoric social order consisted of small family groups living together as tribes or clans. Group living gave rise to customs everyone was expected to observe. The tribe’s chief had executive, legislative and judicial powers and often appointed tribe members to perform special task to include guarding the community against depredation of lawless elements.  Ancient Law Enforcement •

The Sumerians

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The earliest record of ancient peoples need to standardize rules and methods of enforcement to control human behavior dates to approximately 2300 B.C., when the Sumerian rulers Lipithstar and Eshumma set standards on what constituted an offense against society. •

The Babylonians

The Code of King Hammurabi (2100 B.C.) –during the time of Babylonian King Hammurabi, he established rules for his kingdom that designated not only offenses but punishment as well. The principle of the code was that the strong shall not injure the week. Hammurabi originated the legal principle of LEX Talionis- the eye for an eye, tooth for a tooth doctrine. •

Ancient Egypt

The early Egyptians established laws and court and a rudimentary rule of law. The first account of a developing court system originated in Egypt in approximately 1500 B.C. the court system was presided by judges who were appointed by the pharaoh. They later organized marine patrols and customhouses to protect commerce. •

Ancient Greece

The Greeks had an impressive of law enforcement called the Ephori. Each year at Sparta, a body of Ephors was elected and given almost unlimited powers as investigator, judge, jury and executioner. These five men also presided over the senate and assembly, assuring that their rules and decrees were followed. From the Greek philosopher PLATO, who lived from 427 to 347 B.C., was the idea that punishment should serve the purpose rather than simple retaliation. •

Ancient Rome

The Romans had a high development system of administering justice. The 12 Tabulae (12 tables) were the first written laws of the Roman Empire. It deals with legal procedures, property ownership, building codes, marriage customs and punishment for crimes. At the reign of Emperor Augustus, he created the Praetorian Guard, which consisted of about 7000 men\soldiers to protect the palace and the City of Rome, together with the Urban Cohorts to patrol the city. He created the so called Vigiles who were assigned as firefighters and eventually given law enforcement responsibilities. As the first civilian police force the Vigiles sometimes kept the peace very ruthlessly, hence the word vigilantes. Another important event was the time of Justinian I, ruler of the Eastern Roman Empire ( 527 to 265 A.D.) who collected all Roman laws and put it into his Justinian Codethey became known the Corpus Juris Civilis which means Body of Law.

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The Early Policing System The policing system is divided into different systems namely:  The Anglo-Saxon Period The Anglo-Saxons were influential in developing the early police forces. The following are the features of this period: 1. Tun Policing System- Tun is the forerunner of the word town. Under this system all male residents are required to guard the town and to preserve the peace and control, to protect life and property from harm or disturbance. 2. Hue and Cry- a system of apprehending a criminal whereby a complaint goes to the middle of the street and shouts to call all males to assemble. The victim reports his complaint to the assembly and gives the whereabouts of the perpetrator. All male residents would then proceed to locate and apprehend the culprit. When apprehended, trial is conducted giving the culprit a chance to depend himself. 3. The Royal Jude- a person who conducts criminal investigation and gives punishment. Punishment usually fits the crime committed. 4. Trial by Ordeal- a system of determining guilt and innocence in the ancient times which was based on painful test of skills. It is usually accompanied by harsh punishment. For instance, suspects were required to place their hands in boiling oil or water. When not hurt, it indicated guilt and the suspect placed under punishment.  The Normal Period of Policing (1066-1285) 1. Shire-Rieve System- England at the time of William Norman, divided England into 55 military districts known as the Shire-Rieve. Shire was the district, Rieve was the ruler who makes laws, pass judgement and impose punishment. He was assisted by a constable (forerunner of the word constabulary). 2. The Traveling Judge- one responsible in passing judgment which was taken from the Shire-Rieve in view of some abuses by the Rieves. 3. Leges Henri- the law of King Henrie I. During this period: a. offenses were classified as against the king and individual b. police men were considered public officials c. police and the citizens have the broad power to arrest d. a grand jury was created to inquire on the facts of the law. 4. The Magna-Carta- laws were enacted upon the demand of the knights of the Round Table and forced the king to sign the same. Examples of the principles of law include the following:

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a. no free men shall be taken or imprisoned, disposed or outlawed except by legal judgment of his peers b. no person should be tried fro murder unless there is proof the body of the victim c. Beginning of the national and local government as well as legislation.  The Westminster Period of Policing (1285-1500) 1. The Statute of 1295- this law prescribed the closing of the gates of London at sundown. Start of curfew systems. 2. Justice of the Peace- this was position which gives a person the power to arrest, pursue and impose imprisonment. 3. The star chamber court- a special court which try offenses against the state.

 Modern policing System This period came to the limelight when a bill creating the Scotland Yard was passed by the parliament of England. It was sponsored and expanded by Sir Robert Pell who was made to be the first head of the police organization. He was referred as the Father of Modern Policing system due to his contributions in the modernization of the police force. The following are the principles were considered in organizing and administering the Scotland Yard known as the Peels Principles: 1. Stable and effective police force should be under government control. 2. Absence of crime is the best proof of efficiency. 3. Fast distribution of new to the people is essential. 4. Proper distribution of personnel according to shift and by hour. 5. The best qualification of peace officers is control of temper. 6. Proper selection and training is the basis of efficiency. 7. Police can not function properly without wholehearted support of the people. 8. Every police must sell himself to the people. 9. Police officers must go out to their way to help or assist the people.

Philippine National Police

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The Philippine National Police or PNP is the national police force of the Republic of the Philippines with a manpower strength of 113,928 as of end-July 2007. It provides law enforcement services through its regional, provincial, municipal, district and local police units all over the islands. Created by virtue of Republic Act 6975, otherwise known as the “Department of the Interior and Local Government Act of 1990", the PNP came into being on January 29, 1991, at Camp Crame, Quezon City, when the Philippine Constabulary and the Integrated National Police were retired as mandated by law.

History Early Policing Organized policing started in 1500s when nightmen or bantayans patrolled the streets of Manila. The nightmen were under the direction of the alguacil mayor who provided them with muskets as weapons and alarm bells as their means of communication. In 1836, the Spanish colonial authorities formed the Cuadrillo, a rural police force, to enforce peace in the countryside. Six years later, its general function was assumed by the Cuerpo de Carabineros de Seguridad Publica. The Carabineros de Seguridad Publica was organized in 1712 for the purpose of carrying outlaws of the Spanish government. Native Filipinos served up to the rank of sergeant under the command of Spanish officers. It was the earlier version of mounted riflemen in the history of the Philippine police system. In 1852, the notoriously dreaded Guardia Civil took over peacekeeping duties in the islands under a Royal Decree. Guardia Civil in the provinces was composed mainly of Filipinos who worked under the jurisdiction of the alcaldes or mayors. They followed a military structure and received semi-military training yet lacked other dimensions of today’s police service. The capture of General Emilio Aguinaldo, president of the First Philippine Republic, signaled the start of the American occupation of the Philippines. Maintaining peace and order, particularly in the countryside, remained the biggest problem of the Americans. The Americans failed to subdue the followers of Aguinaldo like Gen. Macario Sakay. Hostilities continued in Batangas, Mindoro, Cebu, Bohol and Samar. A military solution to the peace and order problem was ruled, hence, the birth of the Philippine Constabulary.

Pacification Campaigns To fight rampant lawlessness, the Philippine Constabulary divided the entire country into constabulary districts. Banditry was rampant in Southern Luzon. Records referred to the bandits as tulisanes. The style of fighting of the early American Constables and the bandits was “man-to-man, on /opt/scribd/conversion/tmp/scratch2543/41852252.doc

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foot, and generally by arms and bolos.” The American foot soldiers had a hard time repelling the tulisanes in their fight in the mountains as their enemies were familiar with the terrain. Malaria and cholera were the diseases that the afflicted the American troops whenever they conducted foot patrol in the hinterlands.

The Insular Force The Americans are credited for creating the Philippine Constabulary, the principal instrument of the civil authorities for the maintenance of peace and order. The PC began as a small unit—the Insular Force in 1901. It was set up by virtue of Organic Act No. 175, enacted by the Second Philippine Commission on July 18, 1901. The Constabulary then was composed of six thousand men led by American officers and former members of the Spanish Guardia Civil. Under close American direction and control, it functioned as a military organization. Since its formation, the Constabulary had been primarily discharging police law enforcement and public safety functions. Its officers and men had served with distinction both in the field of law enforcement and in combating violence and lawlessness, and in various aspects of public service. There was even a time in history when they performed the duties of teachers, sanitary inspectors, midwives, doctors and foresters. The Philippine Constabulary was mandated as a civilian organization on March 15, 1945 when it was placed under the general supervision of the Interior then later transferred to the Secretary of National Defense on March 30, 1950. The Secretary of Interior had supervision over the Constabulary as early as January 13, 1939 until the outbreak of World War II.

As an insular police force, the officers of the Constabulary carried the civilian title of “inspector.” Its peacekeeping duty was limited to areas where military rule had been lifted.

The Constabulary At War The participation of the Constabulary in the dark years of the Second World War began upon President Roosevelt’s declaration of a state of emergency in the United States. Manila prepared for war. The word had been sent: Japan, the Axis power’s ally in Asia, would soon attack the Far East. Filipinos woke up on the morning of December 8, 1941 to the news that the Japanese had attacked Pearl Harbor. The first war casualties of the Constabulary came from the bombing of Pan-American Airways installation at San Pedro, Makati in the afternoon of December 8. Six Constables from the Headquarters Company were wounded. The next days and months saw relentless Japanese bombings on the country’s landmarks, airfields and naval bases.

The Death March The Japanese had taken Manila but were surprised that no defense forces were waiting to be captured. The Japanese forces then began the siege of Bataan, ordering four infantry regiments with artillery and tank support to crush the American and Filipino soldiers. The Japanese then prepared to

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transfer the prisoners and surrendered troops to Camp o’ Donnel in Capas, Tarlac in what has been known as the “Death March.” Because of torture and starvation, 4,326 prisoners of war died in the infamous march.

The Postwar Constabulary The county was left in shambles after the Second World War. Manila was in ruins. Loose firearms and dead bodies littered the streets. This was also the period when communist ideology had been propagated in the countryside and hard-line supporters had been won. The Hukbong Mapagpalaya ng Bayan or Hukbalahap became a force to reckon with in Central Luzon. The Hukbalahap was born in Pampanga and was spawned by a feudal land system in the province dominated by landlords. Pampanga was an “ideal ground” for the agrarian unrest. It achieved legal status during the Japanese occupation when it merged with the guerilla forces in fighting the Japanese. The communist movement, meanwhile, capitalized on the agrarian problems of the country to cement its presence. Agrarian unrest was prevalent in agricultural lands in Luzon as well as the sprawling haciendas in the south. Luis Taruc became a leader of the HMBs and founded his own government in Central Luzon. It was during this turbulent period that the Philippine Constabulary was reactivated into the Military Police Command . Faced with peace and order problems, the Military Police Command was suffering from its own internal crises. The last war had killed many Constables. There was a dearth for trained personnel who would be utilized to address the problems.

Constabulary records showed that there were about 20,000 Hukbalahaps in Luzon in 1946. The Military Police Command, on the other hand, had 23,000 informal enlistees. Reorganization On January 1, 1944, the Military Police Command was dissolved by virtue of Executive Order No. 94 issued by President Manuel A. Roxas. The Command’s 12,000 officers and men were absorbed by the newly reorganized Philippine Constabulary.

The revitalized PC was in charge of the country’s peace and order “except those which were purely military in nature.” Brig. Gen. Mariano Castañeda became chief of the PC and instituted reforms. On June 21, 1948, President Elpidio Quirino offered general amnesty to the Huks. Taruc, who had been elected a member of Congress representing Pampanga, returned to Manila. But Taruc had no plans to surrender. He only went to Manila to collect his back salaries and used the money for his comrades’ operations in Central Luzon. President Ramon Magsaysay was credited for crippling the Huk movement by mobilizing the Philippine Constabulary. Magsaysay used the “friendly touch” for winning over the Huks, building roads for them and giving them lands.

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The Philippine Constabulary’s attempt to maintain peace and order did not end with the decimation of the Huks. On December 26, 1968,Jose Maria Sison, a Political Science student at the University of the Philippines, founded the Communist Party of the Philippines. The communist ideology spread through a small discussion group called Kabataan Makabayan organized by Sison and his colleagues in the middle sixties. Sison then rose to become the leader of the CPP and organized the military wing of the CPP, the New People’s Army. But the communists suffered a crushing blow on January 9, 1969 in the hands of the Constabulary who killed the most number of communist leaders in one encounter in Orani, Bataan. The PC Metropolitan Command

The upsurge of mass demonstrations and violence during the latter part of the 60s and the expansion efforts of the communist movement triggered the creation of the PC Metropolitan Command. To quell the unrest, President Ferdinand Marcos issued Executive Order Number 76 on July 14, 1967 establishing the PC Metrocom which became the PC’s striking force as it was authorized to conduct 24/7 patrol in the entire Metro Manila and was tasked to “supplement or complement local police action in the repression and prevention of crimes…” Martial Law and the PC The Philippine Constabulary took on a pivotal role when President Marcos declared Martial Law on September 21,1972. Marcos mobilized the Constabulary and other major services of the military to dismantle the “unconstitutional opposition” and to prevent widespread hooliganism and gangsterism. Convinced that there was a need to restructure the social base that bred lawlessness, Marcos reorganized the government machinery to effect his desired changes in the social, economic and political structures. On March 21, 1974, President Ferdinand E. Marcos signed Presidential Decree 421 unifying all the police, fire and jail services in Metro Manila. The move was significant as it created an elite force, the Metropolitan Police Force, that was placed under the aegis of the PC Metrocom. The decree was also the first step in fulfilling the constitutional mandate for an integrated national police force. The Metropolitan Police Force was tasked to carry out the integration of all police units nationwide. Brigadier General Prospero A Olivas, commanding general of the Metrocom, was assigned the task of launching the pilot project under the supervision of Fidel V. Ramos and Brigadier General Cicero C. Campos, deputy Chief for police matters. General Olivas would have the power and direction over the Metrocom, including tactical, strategic movements, deployments, placements and utilization of the entire force and the training thereof.

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On August 8, 1975, Marcos issued Presidential Decree No. 765 establishing the Integrated National Police with the Philippine Constabulary as the nucleus and all police officers as components. They were all placed under the supervision of the Ministry of National Defense.

The Creation of the Philippine National Police The People’s Revolution of 1986 saw the birth of the 1987 Constitution that included a provision on the PNP which was to be “national in scope and civilian in character.” In 1991, the Philippine National Police was created with the passage of Republic Act No. 6975, otherwise known as the “Department of the Interior and Local Government Act of 1990.” The principal authors of the Republic Act 6975 were Senators Ernesto N Maceda and Aquilino Pimentel, Congressmen Jose S Cojuangco Jr. and Rodrigo Gutang. Upon its signing into law on December 13, 1990, the PNP underwent a transitory period; and on 31 March 1991, President Corazon Aquino named General Cesar Nazareno as the first Director General of the Philippine National Police. On January 29, 1991, at Camp Crame, Quezon City, the Philippine Constabulary and the Integrated National Police were retired officially and the Philippine National Police was born.

Like any new evolving organization, the PNP suffered from birth pains. To address these concerns, Republic Act 8551 or the PNP Reform and Reorganization Act of 1998 was enacted on February 17, 1998 to amend certain provisions of Republic Act No. 6975. This move was in response to the growing clamor to transform the PNP “into a more responsive, effective and relevant police organization.” Under this Act, the PNP shall be strengthened and evolved into a highly efficient police force that is community and service-oriented and fully accountable in the performance of its action. Officer Training Officers for the Philippine National Police are sourced from the Philippine National Academy as well as through lateral entry, for specialized disciplines and requirements such as doctors, engineers and other technical positions.

The Philippine National Police Academy is located in Silang, Cavite and is the primary training school for the PNP. Recruitment and Training The PNP conducts regular recruitment programs, depending on annual budget allocations. The entry level for non-commissioned officers is the rank of Police Officer 1 or PO1, with a starting salary of P14,265.00 inclusive of allowances. The new recruits undergo Police Basic Recruit Course for six months, and a Field Training Program for another six months prior to deployment to various units.

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Republic Act No. 6975 Approved: December 13, 1990 -An Act Establishing the Philippine National Police under a Reorganized Department of the Interior and Local Government, and for other purposes. PHILIPPINE NATIONAL POLICE (PNP) The Philippine National Police (PNP) has been established initially consisting of the following: a. Members of the police force who were integrated into the Integrated National Police (INP) pursuant to PD 765; b. Officers and enlisted personnel of the Philippine Constabulary (PC) which include: • Those assigned with the Narcotics Command (NARCOM); • Those assigned with the Criminal Investigation Service (CIS); •

Those of the technical services of the AFP assigned with the PC.



Civilian operatives of the CIS.

c. Regular operatives of the abolished NAPOLCOM Inspection, Investigation and Intelligence Branch may also be absorbed by the PNP. In addition, the PNP shall absorb the Office of the National Action Committee on AntiHijacking (NACAH) of the DND, all the functions of the Philippine Air Force Security Command (PAFSECOM), as well as the police functions of the Coast Guard. The PNP Organizational Set Up The PNP shall be headed by a Chief who shall be assisted by two (2) deputy chief, one (1) for operations and one (1) for administration, both of whom shall be appointed by the President upon recommendation of the Commission from among the most senior and qualified officers in the service: Provided, however, That in no case shall any officer who has retired or is retirable within six (6) months from his compulsory retirement age be appointed as Chief of the PNP. The PNP shall be composed of a national office, regional offices, provincial offices, district offices, city or municipal stations. At the national level, the PNP shall maintain its national headquarter in Camp Crame, office in Metropolitan Manila which shall house the directorial staff, service staff and special support units. At the regional level, the PNP shall have regional offices, including that of the National Capital Region, which may be divided into two (2) separate regions without prejudice to the pertinent provisions of the Organic Act for the Autonomous Regions of the Cordilleras and

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Muslim Mindanao relative to the creation of a regional office force in the area of autonomy. Each of these regional offices shall be headed by a regional director for peace and order. At the provincial level, there shall be a PNP office, each headed by a provincial director. In the case of large provinces, police districts may be established by the Commission to be headed by a district director. At the city or municipal level, there shall be a PNP station, each headed by a chief of police. Powers and Functions The PNP shall have the following powers and functions: a. Enforce all laws and ordinances relative to the protection of lives and properties; b. Maintain peace and order and take all necessary steps to ensure public safety; c. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution; d. Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws; e. Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the Constitution; f. Issue licenses for the possession of firearms and explosives in accordance with law; g. Supervise and control the training and operations of security agencies and issue licenses to operate security agencies, and to security guards and private detectives, for the practice of their professions; and h. Perform such other duties and exercise all other functions as may be provided by law. Powers and Functions of the PNP Chief The command and direction of the PNP shall be vested in the Chief of the PNP with the following powers and functions: d. Direct and control tactical as well a strategic movements, deployment, placement, utilization of the PNP or any of its units and personnel, including its equipment, facilities and other resources. Such command and direction may be delegated to subordinate officials with the respect to units under their respective commands in accordance with the prescribed NAPOLCOM rules and regulations. b. Issue detained implementing policies and instructions regarding personnel, funds, properties, records, correspondence and such as other matters. The Manning Levels

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On the average nationwide, the manning levels of the PNP shall be approximately in accordance with a police-to-population ratio of one (1) policeman for every five hundred (500) persons. The actual strength by cities and municipalities shall depend on the state of peace and order, population density and actual demands of the service in the particular area: Provided, That the minimum police-to-population ratio shall not be less than one (1) policeman for every one thousand (1,000) persons: Provided, further, That urban areas shall have a higher minimum police-to-population ratio as may be prescribed by regulations. Rank Classification For purposes of efficient administration, supervision and control, the rank classification of the members of the PNP shall be as follows: Director General Deputy Director General Director Chief Superintendent Senior Superintendent Superintendent Chief Inspector Senior Inspector Inspector Senior Police Officer IV Senior Police Officer III Senior Police Officer II Senior Police Officer I Police Officer III Police Officer II Police Officer I Key Positions

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The head of the PNP with the rank director general shall have the position title of Chief of the PNP. The second in command of the PNP with the rank of deputy director general shall be the Deputy Chief of the PNP for Administration. The third in command with the rank also of deputy director general shall be the Deputy Chief of the PNP for Operations. At the national office, the head of the directorial staff with the rank of deputy director general shall be known as Chief of the Directorial Staff of the PNP. The heads of the various staff divisions in the directorial staff shall have the rank of director with the position title of Director of the Directorial Staff of their respective functional divisions. The head of the Inspectorate Division with the rank of chief superintendent shall assume the position title of Inspector General. The heads of the administrative and operational support divisions shall have the rank of chief superintendent. The head of the NCR with the rank of director shall assume the position title of NCR Director. The heads of the regional offices with the rank of chief superintendent shall assume the position title of Regional Director. The heads of the NCR district offices with the rank of chief superintendent shall have the position title of District Director. The heads of provincial offices with the rank of senior superintendent shall be known as Provincial Director. The heads of the district offices with the rank of superintendent shall have the position title of District Director. The heads of the municipality or city offices with the rank of chief inspector shall be known as Chief of Police. General Qualifications for Appointment No person shall be appointed as officer or member of the PNP unless he possesses the following minimum qualifications: (a) A citizen of the Philippines; (b) A person of good moral conduct; (c) Of sound mind and body; (d) Must possess a formal baccalaureate degree for appointment as officer and must have finished at least second year college or the equivalent of seventy-two (72)

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collegiate units for appointment as non-officer or an equivalent training or experience for those already in the service upon the affectivity of this Act. (e) Must be eligible in accordance with the standards set by the Commission; (f) Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in the Government; (g) Must not have been convicted be final judgment of an offense or crime involving moral turpitude; (h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male and one meter and fifty-seven centimeters (1.57 m.) for female; (i) Must weight not more or less than five kilograms (5 kg.) of the standard weight corresponding to his or her height, age, and sex; and (j) For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age. Appointment of PNP Officers and Members The appointment of the officers and members of the PNP shall be effected in the following manner: (a) Police Officer I to Senior Police Officer IV. – Appointed by the PNP regional director for regional personnel or by the Chief of the PNP for the national headquarters personnel and attested by the Civil Service Commission. (b) Inspector to Superintendent. – Appointed by the Chief of the PNP, as recommended by their immediate superiors, attested by the Civil Service Commission; (c) Senior Superintendent to Deputy Director General. – Appointed by the President upon recommendation of the chief of the PNP, with proper endorsement by the Chairman of the Civil Service Commission and subject to confirmation by the Commission on Appointments; and (d) Director General. – Appointed by the President from among the senior officers down to the rank of chief superintendent in the service, subject to confirmation by the Commission on Appointments: 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. Examinations for Policemen

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The Civil Service Commission shall administer the qualifying entrance examinations for policemen on the basis of the standards set by the NAPOLCOM. Lateral Entry of Officers into the PNP In general, all original appointments of commissioned officers in the PNP shall commence with the rank of inspector, to include all those with highly technical qualifications applying for the PNP technical services, such as dentist, optometrists, nurses, engineers, and graduates of forensic sciences. Doctors of medicine, members of the Bar, and chaplains shall be appointed to the rank of senior inspector in their particular technical service. Graduates of the Philippine National Police Academy (PNPA) shall be automatically appointed to the initial rank of inspector. Licensed criminologists may be appointed to the rank of inspector to fill up any vacancy after promotions from the ranks are completed. Qualifications of Chief of City and Municipal Police Stations 1. No person may be appointed chief of a city police station unless he holds a bachelor's degree from a recognized institution of learning or has served in the Philippine Constabulary or in the police department of any city or municipality with the rank of captain or its equivalent therein for at least three (3) years. 2. No person may be appointed chief of a municipal police station unless he holds a bachelor's degree from a recognized institution of learning or has served as officer in the Philippine Constabulary or in the police department of any city or municipality for at least two (2) years with the rank lieutenant or its equivalent: Provided, 3. That a member of the Bar with at least five (5) years experience in active law practice and who possesses the general qualifications under Section 30 of this Act shall be qualified for appointment as chief of a city or municipal police station: Provided, further, That the chief of police shall be appointed in accordance with the provisions of Section 51, paragraph b), subparagraph (4) (i) of this Act. PNP Support Units The PNP shall be supported by the following support units: (a)

Administrative Support Units.

1. Crime Laboratory. There shall be established a central Crime Laboratory to be headed by a Director with the rank of chief superintendent, which shall provides scientific and technical investigative aid and support to the PNP and other government investigative agencies. It shall also provide crime laboratory examination, evaluation and identification of physical evidences involved in crimes with primary emphasis on their medical, chemical, biological and physical nature.

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There shall be likewise be established regional and city crime laboratories as may be necessary in all regions and cities of the country. 2. Logistic Unit. Headed by a Director with the rank of chief superintendent, the Logistics Unit shall be responsible for the procurement, distributions and management of all the logistical requirements of the PNP including firearms and ammunition. 3. Communications Unit. Headed by a Director with the rank of chief superintendent, the Communications Unit shall be responsible for establishing an effective police communications network. 4. Computer Center. Headed by a Director with the rank of chief superintendent, the Computer Center shall be responsible for the design, implementation and maintenance of a database system for the PNP. 5. Finance Center. Headed by a Director with the rank of chief superintendent, the Finance Center shall be responsible for providing finance services to the PNP. 6. Civil Security Unit. Headed by a Director with the rank of chief superintendent, the Civil Security Unit shall provide administrative services and general supervision over organization, business operation and activities of all organized private detectives, watchmen, security guard agencies and company guard houses. The unit shall likewise supervise the licensing and registration of firearms and explosives. The approval applications for licenses to operate private security agencies, as well as the issuance of licenses to security guards and the licensing of firearms and explosives, shall be decentralized to the PNP regional offices (b)

Operational Support Units.

(1) Maritime Police Unit. Headed by a Director with the rank of chief superintendent, the Maritime Police Unit shall perform all police functions over Philippine territorial waters and rivers. (2) Police Intelligence Unit. Headed by a Director with the rank of chief superintendent, the Police Intelligence Unit shall serve as the intelligence and counterintelligence operating unit of the PNP. (3) Police Security Unit. Headed by a Director with the rank of chief superintendent, Police Security Unit shall provide security for government officials, visiting dignitaries and private individuals authorized to be given protection. (4) Criminal Investigation Unit. Headed by a Director with the rank of chief superintendent, the Criminal Investigation Unit shall undertake the monitoring, investigation and prosecution of all crimes involving economic sabotage, and other crimes of such

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magnitude and extent as to indicate their commission by highly placed or professional criminal syndicates and organizations. This unit shall likewise investigate all major cases involving violations of the Revised Penal Code and operate against organized crime groups, unless the President assigns the case exclusively to the National Bureau of Investigation (NBI). (5) Special Action Force. Headed by a Director with the rank of chief superintendent, the Special Action Force shall function as a mobile strike force or reaction unit to augment regional, provincial, municipal and city police forces for civil disturbance control, counterinsurgency, hostage-taking rescue operations, and other special operations. (6) Narcotics Unit. Headed by a Director with the rank of chief superintendent, the Narcotics Unit shall enforce all laws relative to the protection of the citizenry against dangerous and other prohibited drugs and substances. (7) Aviation Security Unit. Headed by a Director with the rank of chief superintendent, the Aviation Security Unit, in coordination with airport authorities, shall secure all the country’s airports against offensive and terroristic acts that threaten civil aviation, exercise operational control and supervision over all agencies involved in airport security operation, and enforce all laws and regulations relative to air travel protection and safety. (8) Traffic Management Unit. Headed by a Director with the rank of chief superintendent, the Traffic Management Unit shall enforce traffic laws and regulations. (9) Medical and Dental Centers. Headed by a Director with the rank of chief superintendent, the Medical and Dental Centers shall be responsible for providing medical and dental services for the PNP. (10) Civil Relations Units. Headed with a Director with the rank of chief superintendent, the Civil Relations Unit shall implement plans and programs that will promote community and citizens’ participation in the maintenance of peace and order and public safety. Status of PNP Members The members of the PNP shall be considered employees of the National Government and shall draw their salaries there from: Provided, That PNP members assigned in Metropolitan Manila, chartered cities and first class municipalities may be paid in additional monthly allowance by the local government unit concerned. Performance Evaluation System There shall be established a performance evaluation system which shall be administered in accordance with the rules, regulations and standards, and a code of conduct promulgated by the Commission for members of the PNP. Such performance evaluation system be administered in such a way as to foster the improvement of individual efficiency /opt/scribd/conversion/tmp/scratch2543/41852252.doc

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and behavioral discipline as well as the promotion of organizational effectiveness and respect for the constitutional and human rights of citizens, democratic principles and ideals and the supremacy of civilian authority over the military. The rating system as contemplated herein shall be based on standards prescribed by the Commission and shall consider results of annual physical, psychological and neuropsychiatric examinations conducted on the PNP officer or member concerned. Promotions (a) A member of the PNP shall not be eligible for promotion to a higher position or rank unless he has successfully passed the corresponding promotional examination given by the Commission, or the Bar or corresponding board examinations for technical services and other professions, and has satisfactorily completed an appropriate and accredited course in the PNP or equivalent training institutions. In addition, no member of the PNP shall eligible for promotion unless he has been cleared by the People's Law Enforcement Board (PLEB) of complaints proffered against him, if any. (b) Special promotion may be extended to any member of the PNP for acts of conspicuous courage and gallantry at the risk of his life above and beyond the call of duty, or selected as such in a nationwide search conducted by the PNP or any accredited civic organization. Two Types of Retirements: 1. Compulsory Retirement Compulsory retirement, for officer and non-officer, shall be upon the attainment of age fifty-six (56): Provided, that, in case of any officer with the rank of chief superintendent, director or deputy director general, the Commission may allow his retention in the service for an unextendible period of one (1) year. 2. Optional Retirement Upon accumulation of at least twenty (20) years of satisfactory active service, an officer or nonofficer, at his own request and with the approval of the Commission, shall be retired from the service and entitled to receive benefits provided by law. Internal Affairs Service An Internal Affairs Service (IAS) of the PNP has been created to have the following powers and functions: (a) Pro-actively conduct inspections and audits on PNP personnel and units;

(b) Investigate complaints and gather evidence in support of an open investigation;

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(c) Conduct summary hearings on PNP members facing administrative charges; (d) Submit a periodic report on the assessment, analysis, and evaluation of the character and behavior of PNP personnel and units to the Chief PNP and the Commission; (e) File appropriate criminal cases against PNP members before the court as evidence warrants and assist in the prosecution of the case; (f) Provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP. The IAS shall also conduct, motu proprio, automatic investigation of the following cases: (a)

Incidents where a police personnel discharges a firearm;

(b)

Incidents where death, serious physical injury, or any violation of human rights occurred in the conduct of a police operation;

(c)

Incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of police personnel;

(d)

Incidents where a suspect in the custody of the police was seriously injured; and

(e)

Incidents where the established rules of engagement have been violated.

Finally, the IAS shall provide documents or recommendations as regards to the promotion of the members of the PNP or the assignment of PNP personnel to any key position. COMMON PROVISIONS FOR UNIFORMED PERSONNEL Incentives and Awards There shall be established an incentives and awards system which shall be administered by a board under such rules, regulations and standards as may be promulgated by the Department: Provided, That equivalent awards shall be given by the Department for every award duly given by respectable civic organizations in a nationwide selection for outstanding achievement and/or performance of any member. Health and Welfare

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It shall be the concern of the Department to provide leadership and assistance in developing health and welfare programs for its personnel. The heads of all bureaus and other offices created under this Act shall take all proper steps towards the creation of an atmosphere conducive to a good supervisor-subordinate relationship and the improvement of personnel morale. Longevity Pay and Allowances Uniformed personnel of the Department shall be entitled to a longevity pay of ten percent (10%) of their basic monthly salaries for every five (5) years of service, which shall be reckoned from the date of the personnel's original appointment in the AFP, or appointment in the police, fire jail or other allied services to the integration of the PC and the INP: Provided, That the totality of such longevity pay shall not exceed fifty percent (50%) of the basic pay. They shall also continue to enjoy the subsistence allowance, quarters allowance, clothing allowance cost of living allowance, hazard pay, and all other allowances as provided by existing laws. Active Service For purposes of this Act, active service of the uniformed personnel shall refer to services rendered as an officer and non-officer, cadet, trainee or draftee in the PNP, Fire or Jail Force or in the municipal police prior to the integration of the PC-INP or in the AFP, and services rendered as a civilian official or employee in the Philippine Government prior to the date of separation or retirement from the PNP, Fire or Jail Force: Provided, That, for purposes of retirement he shall have rendered at least ten (10) years of active service as officer or non-officer in the AFP, and /or in the INP and/or in the PNP, Fire or Jail Force: Provided, further, That services rendered as cadet, probationary officer, trainee or draftee in the AFP or as cadet or trainee in the INP and PNP shall be credited for purposes of longevity pay: Provided, finally, That, for cadet services, the maximum number of service to be credited shall not exceed the duration of the pre-commissionship course specified in the curriculum. Permanent Physical Disability An officer or non-officer who, having accumulated at least twenty (20) years of active service, incurs total permanent physical disability in line of duty shall be compulsorily retired: Provided, That, if he has accumulated less than twenty (20) years of active service, he shall be separated from the service and be entitled to a separation pay equivalent to one and onefourth (11/4) months base pay for every year of service, or a fraction thereof, and longevity pay of the permanent grade he holds. Retirement in the Next Higher Grade Uniformed personnel covered under this Act shall, for purposes of retirement pay, be retired in one (1) grade higher than the permanent grade last held: Provided, That they have served for at least one (1) year of active service in the permanent grade.

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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 onehalf 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. Death and Disability Benefits Uniformed personnel and/or his heirs shall be entitled to all benefits relative to the death or permanent incapacity of said personnel, as provided for under this Act, and/or other existing laws. Exemption from Attachment and Taxes All benefits granted by this Act, including benefits received from the Government Service Insurance System, shall not be subject to attachment, levy, execution or any tax of whatever nature. Uniformed Personnel Missing in Action Any uniformed personnel who while in the performance of duty or by reason of his being an officer or member of the PNP, Fire or Jail Force, is officially confirmed missing in action, kidnapped or captured by lawless elements shall, while so absent, be entitled to receive or to have credited to his account the same pay and allowances to which such officer or uniformed member was entitled at the time of the incident: Provided, That the compulsory retirement of a person missing in action shall be processed to allow the members of the next of kin to enjoy the retirement benefits: Provided, further, That should the Chief of the PNP, Fire or Jail Force, as the same may be, upon the recommendation of the proper authority and/or immediate supervisor, subsequently determine that the officer or uniformed member concerned have been absent from duty without authority, such member or his heirs shall reimburse the PNP, Fire or Jail Force all such amount and allowances received by him in accordance with this section and the following section. Payment of Salary and Allowances to the Heirs of Uniformed Personnel In case any uniformed personnel has been officially confirmed as missing in action under any of the circumstances provided in the preceding section, the Chief of the PNP, Fire or Jail Force, as the case may be, shall direct payment of the absent uniformed personnel's monthly salary and allowances and other emoluments pertinent thereto his/her heirs for their support for a maximum period of one (1) year from the date of commencement of absent or when last heard from as those kidnapped or captured by lawless elements. Finding of Death and Termination of Payment of Salary and Allowances

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Upon the termination of the one (1) year period as specified in the preceding section, the missing uniformed personnel shall be automatically terminated. In the event said personnel shall thereafter be found to have been alive and is not entitled to the benefits paid under the preceding sections of this Act, said benefits shall be reimbursed to the State within six (6) months from the discovery of the fact or his reappearance. However, if his continued disappearance was fraudulent or made in bad faith he shall, together with his coconspirators, be prosecuted according to law. Complaints and Grievances Uniformed personnel shall have the right to present complaints and grievances to their superiors or commanders and have them heard and adjudicated as expeditiously as possible in the best interest of the service, with due regard to due process in every case. Such complaints or grievances shall be resolved at the lowest possible level in the unit of command and the respondent shall have the right to appeal from an adverse decision to higher authorities.

Republic Act No. 8551 Approved: February 25, 1998 AN ACT PROVIDING FOR THE REFORM AND REORGANIZATION OF THE PHILIPPINE NATIONAL POLICE AND FOR OTHER PURPOSES, AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NUMBERED SIXTY-NINE HUNDRED AND SEVENTY-FIVE ENTITLED, "AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A REORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES" THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS Section 3. Section 12 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 12. Relationship of the Department with the Department of National Defense The Department of the Interior and Local Government shall be relieved of the primary responsibility on matters involving the suppression of insurgency and other serious threats to national security. The Philippine National Police shall, through information gathering and performance of its ordinary police functions, support the Armed Forces of the Philippines on matters involving suppression of insurgency, except in cases where the President shall call on the PNP to support the AFP in combat operations. "In times of national emergency, the PNP, the Bureau of Fire Protection, and the Bureau of Jail Management and Penology shall, upon the direction of the President, assist the armed forces in meeting the national emergency."

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THE PHILIPPINE NATIONAL POLICE A. REORGANIZATION Section 13. Authority of the Commission to Reorganize the PNP. – Notwithstanding the provisions of Republic Act No. 6975 on the organizational structure and rank classification of the PNP, the Commission shall conduct a management audit, and prepare and submit to Congress a proposed reorganization plan of the PNP not later than December 31, 1998, subject to the limitations provided under this Act and based on the following criteria: a) increased police visibility through dispersal of personnel from the headquarters to the field offices and by the appointment and assignment of non-uniformed personnel to positions which are purely administrative, technical, clerical or menial in nature and other positions which are not actually and directly related to police operation; and b) efficient and optimized delivery of police services to the communities. The PNP reorganization program shall be approved by Congress through a joint resolution. B. QUALIFICATIONS UPGRADING Section 14. Section 30 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 30. General Qualifications for Appointment. – No person shall be appointed as officer or member of the PNP unless he or she possesses the following minimum qualifications: "a) A citizen of the Philippines; "b) A person of good moral conduct; "c) 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; "d) Must possess a formal baccalaureate degree from a recognized institution of learning; "e) Must be eligible in accordance with the standards set by the Commission; "f) Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in the Government; "g) Must not have been convicted by final judgment of an offense or crime involving moral turpitude; "h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male and one meter and fifty-seven centimeters (1.57 m.) for female;

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"i) Must weigh not more or less than five kilograms (5 kgs.) from the standard weight corresponding to his or her height, age, and sex; and "j) For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age: 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 effectivity 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 any of 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 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 to under existing laws." Section 15. Waivers for Initial Appointments to the PNP. – The age, height, weight, and educational requirements for initial appointment to the PNP may be waived only when the number of qualified applicants fall below the minimum annual quota: Provided, That an applicant shall not be below twenty (20) nor over thirty-five (35) years of age: Provided, further, That any applicant not meeting the weight requirement shall be given reasonable time but not exceeding six (6) months within which to comply with the said requirement: Provided, furthermore, That only applicants who have finished second year college or have earned at least seventy-two (72) collegiate units leading to a bachelor's decree shall be eligible for appointment: Provided, furthermore, That anybody who will enter the service without a baccalaureate degree shall be given a maximum of four (4) years to obtain the required educational qualification: Provided, finally, That a waiver for height requirement shall be automatically granted to applicants belonging to the cultural communities. Section 16. Selection Criteria Under the Waiver Program. – The selection of applicants under the Waiver Program shall be subject to the following minimum criteria: a) Applicants who possess the least disqualification shall take precedence over those who possess more disqualifications. b) The requirements shall be waived in the following order: (a) age, (b) height, (c) weight, and (d) education.

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The Commission shall promulgate rules and regulations to address other situations arising from the waiver of the entry requirements. Section 17. Nature of Appointment Under a Waiver Program. – Any PNP uniformed personnel who is admitted due to the waiver of the educational or weight requirements shall be issued a temporary appointment pending the satisfaction of the requirement waived. Any member who will fail to satisfy any of the waived requirements within the specified time periods under Section 13 of this Act shall be dismissed from the service. Section 18. Re-application of Dismissed PNP Members Under a Waiver Program. – Any PNP member who shall be dismissed under a waiver program shall be eligible to re-apply for appointment to the PNP: Provided, That he or she possesses the minimum qualifications under Section 14 of this Act and his or her reappointment is not by virtue of another waiver program. Section 19. The Field Training Program. – All uniformed members of the PNP shall undergo a Field Training Program for twelve (12) months involving actual experience and assignment in patrol, traffic, and investigation as a requirement for permanency of their appointment. Section 20. Increased Qualifications for Provincial Directors. – No person may be appointed Director of a Provincial Police Office unless: a) he or she holds a master's degree in public administration, sociology, criminology, criminal justice, law enforcement, national security administration, defense studies, or other related discipline from a recognized institution of learning; and b) has satisfactorily passed the required training and career courses necessary for the position as may be established by the Commission. Any PNP personnel who is currently occupying the position but lacks any of the qualifications mentioned above shall be given three (3) years upon the effectivity of this Act to comply with the requirements; otherwise he or she shall be relieved from the position. Section 21. Section 32 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 32. Examinations of Policemen. – The National Police Commission shall administer the entrance and promotional examinations for policemen on the basis of the standards set by the Commission." Section 22. Section 34 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 34. Qualifications of Chief of City and Municipal Police Stations. – No person shall be appointed chief of a city police station unless he/she is a graduate of Bachelor of Laws or has finished all the required courses of a master's degree program in public administration, criminology, criminal justice, law enforcement, national security

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administration, defense studies, and other related disciplines from a recognized institution of learning. No person shall be appointed chief of a municipal police station unless he or she has finished at least second year Bachelor of Laws or has earned at least twelve (12) units in a master's degree program in public administration, criminology, criminal justice, law enforcement, national security administration, and other related disciplines from a recognized institution of learning: Provided, That members of the Bar with at least five (5) years of law practice, licensed criminologists or graduates of the Philippine National Police Academy and who possess the general qualifications for initial appointment to the PNP shall be qualified for appointment as chief of a city or municipal police station: Provided, further, That the appointee has successfully passed the required field training program and has complied with other requirements as may be established by the Commission: Provided, furthermore, That the chief of police shall be appointed in accordance with the provisions of Section 51, paragraph (b), subparagraph 4(i) of this Act." Section 23. Qualifications Upgrading Program. – The Commission shall design and establish a qualifications upgrading program for the Philippine National Police officers and members in coordination with the Civil Service Commission, and the Commission on Higher Education through a distance education program and/or an in-service education program or other similar programs within ninety (90) days from the effectivity of this Act. C. ATTRITION SYSTEM FOR UNIFORMED PERSONNEL Section 24. Attrition System. – There shall be established a system of attrition within the uniformed members of the PNP within one (1) year from the effectivity of this Act to be submitted by the PNP to the Commission for approval. Such attrition system shall include but is not limited to the provisions of the following sections. Section 25. Attrition by Attainment of Maximum Tenure in Position. – The maximum tenure of PNP members holding key positions is hereby prescribed as follows: POSITION

MAXIMUM TENURE

Chief

four (4) years

Deputy Chief

four (4) years

Director of the Staff Services

four (4) years

Regional Directors

six (6) years

Provincial/City Directors

nine (9) years

Other positions higher than Provincial Director shall have the maximum tenure of six (6) years. Unless earlier separated, retired or promoted to a higher position in accordance with the PNP Staffing Pattern, police officers holding the above-mentioned positions shall be compulsorily retired at the maximum tenure in position herein prescribed, or at age fifty-six /opt/scribd/conversion/tmp/scratch2543/41852252.doc

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(56), whichever is earlier: Provided, That in times of war or other national emergency declared by Congress, the President may extend the PNP Chief's tour of duty: Provided, further, That PNP members who have already reached their maximum tenure upon the effectivity of this Act may be allowed one (1) year more of tenure in their positions before the maximum tenure provided in this Section shall be applied to them, unless they shall have already reached the compulsory retirement age of fifty-six (56), in which case the compulsory retirement age shall prevail. 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 position. Section 26. Attrition by Relief. – A 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. Section 27. Attrition by Demotion in Position or Rank. – Any PNP personnel, civilian or uniformed, who is relieved and assigned to a position lower than what is 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. Section 28. Attrition by Non-promotion. – Any PNP personnel who has not been promoted for a continuous period of ten (10) years shall be retired or separated. Section 29. Attrition by Other Means. – A PNP member or officer with at least five (5) years of accumulated active service shall be separated based on any of the following factors: a) inefficiency based on poor performance during the last two (2) successive annual rating periods; b) inefficiency based on poor performance for three (3) cumulative annual rating periods; c) physical and/or mental incapacity to perform police functions and duties; or d) failure to pass the required entrance examinations twice and/or finish the required career courses except for justifiable reasons. Section 30. Retirement or Separation Under the Preceding Sections. – Any personnel who is dismissed from the PNP pursuant to Sections 25, 26, 27, 28 and 29 hereof shall be retired if he or she has rendered at least twenty (20) years of service and separated if he or she has rendered less than twenty (20) years of service unless the personnel is disqualified by law to receive such benefits. D. PROMOTION SYSTEM

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Section 31. Rationalized Promotion System. – Within six (6) months after the effectivity of this Act, the Commission shall establish a system of promotion for uniformed and nonuniformed personnel of the PNP which shall be based on merits and on the availability of vacant positions in the PNP staffing pattern. Such system shall be gender fair and shall ensure that women members of the PNP shall enjoy equal opportunity for promotion as that of men. Section 32. Promotion by Virtue of Position. – Any PNP personnel designated to any key position whose rank is lower than that which is required for such position shall, after six (6) months of occupying the same, be entitled to a rank adjustment corresponding to the position: Provided, That the personnel shall not be reassigned to a position calling for a higher rank until after two (2) years from the date of such rank adjustment: Provided, further, That any personnel designated to the position who does not possess the established minimum qualifications therefor shall occupy the same temporarily for not more than six (6) months without reappointment or extension. Section 33. Section 38 (a) and (b) of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 38. Promotions. – (a) A uniformed member of the PNP shall not be eligible for promotion to a higher position or rank unless he or she has successfully passed the corresponding promotional examination given by the Commission, or the Bar, or the corresponding board examinations for technical services and other professions, has satisfactorily completed the appropriate and accredited course in the PNPA or equivalent training institutions, and has satisfactorily passed the required psychiatric/psychological and drug tests. In addition, no uniformed member of the PNP shall be eligible for promotion during the pendency of his or her administrative and/or criminal case or unless he or she has been cleared by the People's Law Enforcement Board (PLEB), and the Office of the Ombudsman of any complaints proffered against him or her, if any. "(b) Any uniformed member of the PNP who has 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: Provided, That such acts shall be validated by the Commission based on established criteria." E. UPGRADING OF SALARIES AND BENEFITS Section 34. Section 75 of the same Act is hereby amended to read as follows: "SEC. 75. 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

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pay for the first five (5) years: Provided, further, That payment of the retirement benefits in lump sum shall be made within six (6) months from effectivity date of retirement and/or completion: Provided, finally, That retirement pay of the officers/nonofficers of the PNP shall be subject to adjustments based on the prevailing scale of base pay of police personnel in the active service." Section 35. Section 73 of the same Act is hereby amended to read as follows: "SEC. 73. Permanent Physical Disability. – An officer or non-officer who is permanently and totally disabled as a result of injuries suffered or sickness contracted in the performance of his duty as duly certified by the National Police Commission, upon finding and certification by the appropriate medical officer, that the extent of the disability or sickness renders such member unfit or unable to further perform the duties of his position, shall be entitled to one year's salary and to lifetime pension equivalent to eighty percent (80%) of his last salary, in addition to other benefits as provided under existing laws. "Should such member who has been retired under permanent total disability under this section die within five (5) years from his retirement, his surviving legal spouse or if there be none, the surviving dependent legitimate children shall be entitled to the pension for the remainder of the five (5) years guaranteed period." Section 36. Section 36 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 36. Status of Members of the Philippine National Police. – The uniformed members of the PNP shall be considered employees of the National Government and shall draw their salaries therefrom. They shall have the same salary grade level as that of public school teachers: Provided, That PNP members assigned in Metropolitan Manila, chartered cities and first class municipalities may be paid financial incentive by the local government unit concerned subject to the availability of funds." Section 37. Early Retirement Program. – Within three (3) years after the effectivity of this Act, any PNP officer or non-commissioned officer may retire and be paid separation benefits corresponding to a position two (2) ranks higher than his or her present rank subject to the following conditions: a) that at the time he or she applies for retirement, he or she has already rendered at least ten (10) years of continuous government service; b) the applicant is not scheduled for separation or retirement from the service due to the attrition system or separation for cause; c) he or she has no pending administrative or criminal case; and

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d) he or she has at least three (3) more years in the service before reaching the compulsory retirement age and at least a year before his or her maximum tenure in position. Section 38. Rationalization of Retirement and Separation Benefits. – The Commission shall formulate a rationalized retirement and separation benefits schedule and program within one (1) year from the effectivity of this Act for approval by Congress: Provided, That the approved schedule and program shall have retroactive effect in favor of PNP members and officers retired or separated from the time specified in the law, unless the retirement or separation is for cause and the decision denies the grant of benefits.

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