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URDANETA CITY UNIVERSITY

COLLEGE OF CRIMINAL JUSTICE EDUCATION

LAW ENFORCEMENT ADMINISTRATION (INTER-AGENCY APPROACH)

INTRODUCTION

Law Enforcement Administration – the process involved in ensuring strict compliance,


proper obedience of laws and related statutes. Focuses on the policing process of how law
enforcement agencies are organized and manage in order to achieve the goals of law
enforcement most effectively, efficiently and productively.

Law- it is the system of rules that a particular country or community recognizes as regulating
the actions of its members and may enforce by the imposition of penalties.

Enforcement – means to compel obedience to a law, regulation or command.

Administration- an organizational process concerned with the implementation of objectives


and plans and internal operating efficiency.

HISTORICAL BACKGROUND OF POLICING

The word “police” originated from the Greek word “Politeia”, meaning government of a
city. It applied to civil officers and not necessarily a policeman. The Roman changed the word
slightly to “Politia”. The French changed the word to “Police” and applied it to those people who
actually enforce the law. Thereafter, the English and Americans borrowed the word intact from
the French and used it to describe law enforcement in terms which assimilated to the English
and American languages were of French origin. The words “constable” and “patrol” are likewise
French.

THE ANCIENT LAW ENFORCEMENT

THE SUMERIANS

The earliest record of ancient people’s need in standardized rules and methods of
enforcement to control human behavior dates back to approximately 2300 B.C. when the
Sumerian rulers LIPITHSTAR and ESHUMMA set standards on what constituted an offense
against the society.

THE BABYLONIANS

The Code of King Hammurabi – 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 weak”. Hammurabi originated the
legal principle of LEX TALIONES – the eye for an eye, tooth for a tooth doctrine.

ANCIENT EGYPT

The early Egyptians established laws and courts and a rudimentary rule of law. The first
accounts of a developing court system in Egypt in approximately 1500 B.C. the court system
was presided by judges appointed by the pharaoh. They later organized marine patrols and
custom houses to protect commerce.

ANCIENT GREECE

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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 investigators,
judge, jury and executioner. These five men also preside over the Senate and Assembly

ANCIENT ROME

The Romans had a highly developed system to administer justice. The 12 Tabulae (12
tables) were the first written laws of 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 is 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 also 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 came up.

EARLY POLICE SYSTEM

A. THE ANGLO SAXON PERIOD

1. Frankpledge System – earlier known as “frith-borh” (peace-pledge). It is also known


as “mutual pledge”, wherein every male over 12 years old join nine (9) of his neighbors
to form a “tithing”.
 Tithing – a group of men whose duty was to apprehend any person who offends
another and deliver that offender for trial.
 Tithingman / tythingman or “chief-pledge” – leader of the group
2. Tun (towns/villages) 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 order, to protect life and property from harm and disturbance.
3. Hue and Cry – a system of apprehending a criminal whereby the complainant goes to
the middle of street and shouts to call all male residents to assemble. The victim reports
the whereabouts of the perpetrator. All male residents would them proceed to locate
and apprehend the culprit. When apprehended, trial is conducted giving the culprit to
defend himself.
4. The Royal Judge – a person who conducts criminal investigation and gives
punishment. Punishment usually fits the crime committed.
5. Trial by Ordeal – a system determining the guilt or innocence of one person in the
ancient times which was based on painful test of skills.

B. THE NORMAL PERIOD OF POLICING

1. The Shire-Reeve System

 SHIRE- REEVE – 55 military districts established by King William Norman


 SHIRE means district
 REEVE means the ruler who made laws, pass judgment and impose punishment.
 SHERIFF – title of the chief or constables or police officers in a certain town
 TRAVELLING JUDGE – he was held responsible in deciding cases that were
taken from Shire- Reeve due to some abuses.

2. Leges Henri -the law of King Henri 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.

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3. 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:
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 from murder unless there is proof the body of the
victim
c. Beginning of the national and local government as well as legislation.

C. 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.

D. Modern policing System

1. Night Watchmen of Bellmen – by King Charles II; bound to be on duty from sunset
to sunrise.
2. Bow Street Runners – established by HENRY FIELDING, Chief Magistrate at Bow
Street in London.
3. Metropolitan Police Service – established by Sir Robert Peel, British statesman in
1829; the world’s first organized police force later called SCOTLAND YARD.

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.

PHILIPPINE POLCE: EARLY DEVELOPMENT

A. Pre-Spanish Regime

BARANGANIC SOCIETY

Village Chief – administrative leader of the community


Freemen- assisted the chief with the work involving the welfare of the community

LAWS:

 Code of Kalantiao- law that gives harsh and savage punishment


 Maragtas Code – considered as the oldest written law
 Luwaran-Muslims

B. Spanish Regime

 Carabineros De Seguridad Publica - Organized in 1712 for the purpose of carrying


the regulations of the Department of State.
 This was armed and considered as the mounted police who later discharged the
duties of a port, harbor and river police.
 GUARDRILLEROS

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 A body of rural police organized in each town that was created by the Royal
decree of January 8, 1836.
 GUARDIA CIVIL
 The police organization created by the Royal Decree issued by the Spanish
Crown government on February 12, 1852.
 It consisted of a body of Filipino policemen organized originally in each of
the provincial capitals of the central provinces of Luzon under the command of
Alcaide (Governor).

C. JAPANESE OCCUPATION

The Japanese Military Police, known as KEMPETAI were held responsible in maintaining
peace and order in Manila and adjacent urban areas. Kempetai ruled the urban areas
until Gen. Douglas McArthur returned on February 7, 1945.

PHILIPPINE INDEPENDECE

 February 7, 1945 – Gen. Mc Arthur returned to the Philippines. The Manila Police
was again placed under the American control.
 June 4, 1946 – when Philippine Independence was established, Pres. Manuel
Roxas became the first president and appointed Colonel Lamberto T. Javalera as
Chief of Police of Manila.

HISTORY OF PHILIPPINE POLICE (PNP)


 INSULAR POLICE FORCE- was established on November 30, 1890 during the
Filipino-American war (1898-1901) upon the recommendation of the Philippine
Commission to the Secretary of War.
 March 23, 1901- The eventual capture of the elusive leader of the first Philippine
Republic, General Emilio Aguinaldo. It is an event that signaled the end of the Filipino-
American war.
 Vice Governor Luke R. Wright – The secretary of the department of commerce and
police for the U.S. army in the Philippines.
 William Howard Taft – head of Second Philippine Commission, the Philippines
commission in the accordance with the instruction of the secretary of war (Elihu Root) to
took over the government from the military on July 18, 1901 with Taft as civil governor.
 INSULAR CONSTABULARY - was created on July 18, 1901 by virtue of Act Nr.
175titled as “An Act Providing for the Organization and Government of an Insular
Constabulary”.
 MANILA POLICE DEPARTMENT (MPD) was organized on July 31, 1901 by virtue of
Act Nr. 183ofthe Philippine Commission.
 1 st Chief of Police (MPD) was Capt. George Curry- a US Army officer
appointed by the TAFT COMMISSION
 August 7, 1901. - Capt. Columbus Piatt was the last American COP of MPD
before WW II broke out.
 October 3, 1901- the Insular Constabulary was changed to PHILIPPINE
CONSTABULARY (PC) by virtue of Act Nr. 255.
 Capt. Henry T. Allen was the 1st Chief of the Philippine Constabulary. He was the
PC Chief from 1901 to 1907 such that he was called as the Father of
Constabulary in the Philippines.
 The PC was manned mostly by Filipinos but officers were mostly Americans.
 REVISED ADMINISTRATIVE CODE OF 1917 - was approved a year before
World War I (August 1 9 1 4 t o N o v e m b e r 1 9 1 8 ) e n d e d .
 Brig/Gen. Rafael Crame - the first Filipino Chief of Police of the Philippine
Constabulary. He served as the PC Chief from 1917-1927.

The Constable under the Commonwealth Act

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 December 1935- NATIONAL DEFENSE ACT or COMMONWEALTH ACT No. 1 of was
enacted creating the Philippine army. This ended the 35 years of service and experience
of the PC as INSULAR POLICE FORCE.
 October 26, 1936- The Insular Police duties of the defunct Philippine Constabulary
were entrusted to the State Police created by Commonwealth Act No. 88.

THE CONSTABULARY RECONSTITUTED


 Commonwealth Act No. 343 – An act approved by President Manuel L. Quezon on
June 25, 1938 reconstituted the Philippine Constabulary.
 This act further implemented by President Quezon’s Executive Order No. 153
specifically withdraws the Philippine Constabulary from the Army as an
independent unit and detailed as National Police Force placed under the
Department of Interior.
 ACT No. 181 – created the Bureau of Investigation in November 1938.
 Brig. General Guillermo Francisco – was appointed Chief of Constabulary which he
held until 1942.
 Col. Antonio C. Torres – the 1st Filipino COP when Manila Police Department became
an all Filipino police organization; declared Manila as an open city when World War II
broke out in 1941.

THE PAST WAR CONSTABLE


 President Sergio Osmena – On October 28, 1944. Issued an E.O. pursuant to
USAFFE general order nos. 50 and 51 that reconstituted insular police into the military
police command.
 R.A. 157 – created the NATIONAL BUREAU OF INVESTIGATION on June 29, 1947.
 July 1, 1947 – the Constabulary was revived. About 12,000 officers and men were
withdrawn from the Military Police Command and transferred to the Department of
Interior and constituted the National Police Force designated in the Philippine
Constabulary.
 Col. Lamberto T. Javalera – the 1st COP of MPD appointed by Pres. Roxas under the
Republic Government.
 R.A. 2678- the expansion and reorganization of the NBI as an investigative and
research service agency.
 R.A. 4864 – POLICE ACT OF 1966; created the office of the POLICE COMMISSION
(POLCOM) later called as National Police Commission under the Office of the President.
This law provided the legal guideline in undertaking at a national level reform which
contributed to the improvement of police efficiency and performance.
 P.D. 765- enacted that NAPOLCOM should be under the office of the Ministry of
National Defense.

The birth of the Philippine National Police (PNP)


 R.A. 6975 (December 13, 1990) – DILG Act 1990 (also recognized as the PNP Law
of 1991) approved by the Pres. Corazon Aquino; created the Philippine National Police
and declared it to be the only police force of the country with national in scope and
civilian in character.
 General Cesar P. Nazareno – was appointed by then Pres. Corazon C. Aquino as First
Director General of the PNP.
 January 29, 1991 – The Philippine Constabulary and the Integrated National Police
were retired and PNP was activated in place. Merging of PC and INP into PNP.
 October 28, 1992 – after the retirement of General Cesar Nazareno, General Raul
Imperial became the second PNP Chief. This though was short lived because he retired
on May 6, 1993.
 General Umberto Rodriguez – appointed by Pres. Fidel V. Ramos as the Third PNP
Chief on May 6, 1993. He masterly guided the organization to what it has become today.
 R.A. 8551 (February 25, 1998) – PNP Reform and Reorganization Act of 1998;
approved by President Fidel Ramos and amended R.A. 697; reorganized the PNP for the
purpose of reforming and professionalizing it.

Fundamental Theories of Police Service

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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.

The exercise of Police Discretion

Conceptually, DISCRETION is the use of one’s judgment, personal experience, and


common sense to decide a particular situation. Aside from the wise use of discretion, the police
are further trained on SEL-DISCIPLINE and SELF-RELIANCE.

ORGANIZATIONAL UNITS

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.

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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.

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.

PATROL 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.

FUNCTIONS IN A POLICE ORGANIZATION


1. Line Function – functions that carry out the major purposes of the organization, delivering
the services and dealing directly with the public.

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The patrol function is accurately called the backbone of the police service.

2. Staff Services- functions that are designed to support the line functions and assist in the
performance of the line functions.

3. Auxiliary Services – functions involving the logistical operations of the organization.


Examples are communication, maintenance, records management,
supplies and equipment management.

ORGANIC UNITS IN A POLICE ORGANIZATION

a. Operational Units – those that perform primary or line functions.


Examples: patrol, traffic, investigation and vice control.
b. Administrative Units – those that perform the administrative functions.
Examples: personnel, finance, planning and training.
c. Service Units – those that perform auxiliary functions.
Examples: communication, records management.

ELEMENTS OF POLICE ORGANIZATION

 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. The
arrangement of officers from top to bottom on the basis of rank or position and authority.
 Delegation of Responsibility and Authority - There must be a clear line of normal
authority running from the top to bottom of every organization. It is important, also the
responsibility and the authority be clearly defined.
 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.
 Command Responsibility – dictates that immediate commanders shall be responsible for
the effective supervision and control of their personnel and unit.

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