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Lea 1 Midterm - Reviewer

Reviewer for crimonology
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13 views6 pages

Lea 1 Midterm - Reviewer

Reviewer for crimonology
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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LAW ENFORCEMENT ORGANIZATION AND forcing the King to sign the same with the

ADMINISTRATION following features:


•No freeman shall be taken or imprisoned except
POLICE Organization and ADMINISTRATION by legal judgement.
•No person shall be tried for murder unless there is
A. ANGLO-SAXON PERIOD OF POLICING proof of the body of the victim.
SYSTEM (600-1006 AD) 5. Frankpledge System - A system of policing
Tun Policing System whereby a group of ten neighboring male
A system of policing emerged during the Anglo-Saxon residents over twelve years of age were required to
period whereby all male residents were required to guard the town to preserve peace and protect the
guard the town (tun) to preserve peace and protect the lives and properties of the people
lives and properties of the people.
Ten families in a town (tun) equaled a tithing. C. WESTMINSTER PERIOD OF POLICING
Each tithing elected a leader who was known as the SYSTEM (1285-1500)
Tithingman. Since 10 tithings amounted to 100, the •Statute of 1295 - the law that mark the beginning
leader of the 100 families was named the reeve. of the curfew hours, which demanded the closing
of the gates of London during sundown.
•Justice of the Peace - Three or four men who
•Hue and Cry - provides for methods of were learned in the law of the land were given
apprehending a criminal by an act of the authority to pursue arrest, chastise and imprison
complainant shout to call all male residents to violators of law. They handled felonies,
assemble and arrest the suspect. misdemeanors and infractions of city or villages
•Trial by Ordeal - A judicial practice where in ordinances. This was later abolished about 75
the guilt or innocence of the accused is years later.
determined by subjecting him to an unpleasant, •Courts of the Star-Chamber (1487) - a special
usually dangerous, experience. The word “ordeal” court designed to try offenders against the state.
was derived from the Medieval Latin word “Dei The room set-up is formed in a shape of a star
Indicum” which means “a miraculous decision.” and judges were given great powers such as the
power to force testimony from a defendant leading
B. NORMAN PERIOD OF POLICING SYSTEM to a great abuse of power or brutality on the part of
(1066-1225 AD) the judges
1. Shire-Reeve
•“Shires” a division of (55) military areas in
England under the Regime of France. •The Merchant Police (1500) - Merchants began
•“Reeve” (the head-man) - the military leader employing persons to protect their property, banks
(lieutenants of the army) who is in charge of the employ guards and night watchmen were hired to
Shires. watch business establishments and private
•Two “Constabuli” or “The Keeper of the detectives were employed to locate and identify
Horse” was appointed to each village to aid the stolen property.
Rieve in his duties. It became the source of the
word Constable. •The Parochial Police - Dividing the people of
•“Shire-Reeve”- it is from the word “Sheriff” the cities into religious areas or parishes and they
came. A person which absolute powers that no bond together and employ their own police to
one could questions his or her actions. protect them and their property

D. MODERN PERIOD OF POLICING SYSTEM


2. . Travelling Judge - judge selected to hear cases •In 1829, Sir Robert Peel introduced the
which were formerly being judge by the Shire- Metropolitan Police Act passed by the parliament
Rieve and task to travel through and hear criminal of England-the milestone of England’s police
cases. This was the first instance of the division of force. Sir Robert Peel become famous and was
the police and judicial powers. considered as the Father of Modern Policing
3. Leges Henrici - an act that was enacted during System.
this period with the following features:
•Offenses were classified as against the king and Peel’s Concepts of Policing are:
individual. •The police should be organized along military
•Policeman becomes public servant lines.
•The police and the citizens have the broad power •The police should be place under screening and
to arrest. It introduced the system called “citizen’s training.
arrest.” •The police should be hired on a probationary
•Grand Jury was created to inquire on the facts of basis.
the •The police should be deployed by time and by
area.
4. Magna Carta- another law enacted upon the •Police headquarters should be accessible to the
demand of the Knights of the Round Table people.
•Police-Record keeping is essential.

1
•Capt. George Curry- the first chief of police of
The Principles of Law Enforcement enunciated the Manila Police Department in 1901
by Sir Robert Peel •Act No 255 - The act that renamed the Insular
•Prevention of Crime is the basic mission of the Constabulary into Philippine Constabulary,
police. enacted on October 3, 1901
•Police must have the full respect of the citizenry. •Executive Order 389- ordered that the Philippine
•A citizen’s respect for law develops his respect Constabulary be one of the four services of the
for the police. Armed Forces of the Philippines, enhacted on
•Cooperation of the public decreases as the use of December 23, 1940.
force increases.
•Police must render impartial enforcement of the POST-AMERICAN PERIOD
law. •RA 4864- otherwise known as the Police
•Physical force is used only as a last resort. Professionalization Act of 1966, enacted on
•The police are the public and the public are the September 8, 1966; created the Police Commission
police. (POLCOM); later POLCOM was renamed into
•The police represent the law. National Police Commission (NAPOLCOM)
•The absence of crime and disorder is the test of D. MARTIAL LAW PERIOD
police efficiency •PD 765- otherwise known as the Integration Act
of 1975, enacted on August 8, 1975; established
the Integrated National Police (INP) composed of
EVOLUTION OF THE the Philippine Constabulary (PC) as the nucleus
PHILIPPINE POLICING SYSTEM and the integrated local police forces as
components, under the Ministry of National
The institution of police in the Philippines Defense transferred the NAPOLCOM from the
formally started during the Spanish period. The Office of the President to the Ministry of National
establishment of the police force was not entirely Defense
intended for crime prevention or peacekeeping,
rather it was created as an extension of the colonial
military establishment. POST MARTIAL LAW REGIME
A. SPANISH PERIOD •Executive Order No 1012- transferred to the city
•Carabineros De Seguridad Publica- Organized and municipal government the operational
in 1712 for the purpose of carrying the supervision and direction over all INP units
regulations of the Department of State; this was assigned within their locality; issued on July 10,
armed and considered as the mounted police. 1985
•Executive Order No 1040- transferred the
•Guadrilleros/Cuadrillo- This was a body of administrative control and supervision of the INP
rural police organized in each town and from the Ministry of National Defense to the
established by the Royal Decree of 18 January National Police Commission
1836; this decree provided that 5% of the able- •R.A. 157- created the National Bureau of
bodied male inhabitants of each province were to Investigation, enacted June 19, 1947 and later
be enlisted in this police organization for three reorganized by R.A. 2678
years •RA 6975- otherwise known as the Department of
•Guardia Civil- This was created by a Royal the Interior and Local Government Act of 1990,
Decree issued by the Crown on 12 February 1852 enacted on December 13, 1990; reorganized the
to partially relieve the Spanish Peninsular troops DILG and established the Philippine National
of their work in policing towns Police, Bureau of Fire Protection, Bureau of Jail
Management and Penology and the Philippine
Public Safety College
AMERICAN PERIOD •RA 8551- otherwise known as the Philippine
• The Americans established the United States National Police Reform and Reorganization Act of
Philippine Commission headed by General 1998, enacted on February 25, 1998; this law
Howard Taft as its first governor-general. On amended certain provisions of RA 6975
January 9, 1901, the Metropolitan Police Force of •RA 9708- law amending the provisions of RA
Manila was organized pursuant to Act No 70 of 6975 and RA 8551 on the minimum educational
the Taft Commission. This has become the basis qualification for appointment to the PNP and
for the celebration of the anniversary of the adjusting the promotion system; approved on 12
Manila’s Finest every January 9th. August 2009
•Act No 175 - entitled “An Act Providing for the
Organization and Government of an Insular IMPORTANT FILIPINO PERSONALITIES
Constabulary”, enacted on July 18, 1901 IN THE EVOLUTION OF PHILIPPINE
•Capt. Henry Allen- the first chief of the POLICING
Philippine Constabulary in 1901 •Brig Gen Rafael Crame - the first Filipino chief
•Act No. 183 - created the Manila Police of the Philippine Constabulary in 1917
Department, enacted on July 31, 1901 •Col. Antonio Torres- the first Filipino chief of
police of the Manila Police Department in 1935

2
•Col. Lamberto Javalera- the first chief of police •Police Administration – the process involved in
of the Manila Police Department after the ensuring strict compliance, proper obedience of laws and
Philippine Independence from the United States of related statutes focused on the policing process or how
America in 1946 law enforcement agencies are organized and managed in
•P/Dir Gen. Cesar Nazareno- the first chief of order to achieve the goals of law enforcement most
the Philippine National Police effectively, efficiently
•Traditional vs Community Policing
•Who are the Police? Functions In A Police Organization
•Traditional Policy •Primary or Line Functions
-A government agency for law enforcement. •Staff Or Administrative Functions
•Auxiliary Functions
•Community Policy
•- Police are the public and the public are the Primary or Line Functions
police ➢Functions that carry out the major purposes of
the organization, delivering the services and
dealing directly with public.
• RA 10973 – an act granting the Chief of the Examples.
Philippine National Police (PNP) and the Director •Patrolling
and the Deputy Director for Administration of the •Traffic duties
Criminal Investigation and Detection Group •Crime investigation
(CIDG) the authority to administer oath and to
issue subpoena and subpoena duces tecum, Staff Or Administrative Functions
amending for the purpose Republic Act No. 6975, ➢functions that are designed to support the line
as amended, otherwise known as the “Department function and assist in the performance of the line
of the Interior and Local Government Act of functions.
1990” Examples.
•- Approved on 01 March 2018 •Planning
•Research
Historical Development of Policing •Budgeting
•Legal advice
Philippine Criminal Justice System
Its Pillar: •Auxiliary Functions
POLICE/LAW ENFORCEMENT "the initiators of ➢Functions that are responsible for the
action or the prime mover“ logistical operations of the organization.
PROSECUTION "the champion and the state •Examples.
representative" •training;
COURT "the center pillar & the final arbiter of justice" •communication;
CORRECTION "the reformer and weakest pillar" •maintenance;
COMMUNITY "the informal or the base pillar •records management;
•supplies; and
POLICE •equipment management

Organic Units in a Police Organization


GREEK- Politeia – (Government of a city)
Operational units - those that perform primary or line
LATIN– Politia (State of a city or government)
functions
FRENCH- Officer De Paix – (Law enforcement officer)
Examples are:
Patrol, Traffic, investigation; and Vice control
Administrative units – those that perform the
Police Organization and administrative functions
Administration Examples are:
•Organization – a group of persons working Personnel, Finance, Planning; and Training
together for a common goal or objectives Service units – those that perform auxiliary functions
•Police organization – A group of trained personnel in Examples are: communications, records management
the field of public safety administration engaged in the
achievement of goals and objectives that promotes the
maintenance of peace and order, protection of life and FUNCTIONAL UNITS - Functional divisions of the
property, enforcement of the laws and prevention of department are described in the following terms:
crime
•Bureau – the largest organic functional unit
within a large department. It comprises of numbers
•Administration – An organizational process
of divisions.
concerned with the implementation of objectives
•Division – a primary subdivision of a bureau.
and plans and internal operating efficiency
•Section – functional unit within a division that is
connotes bureaucratic structure and behavior,
necessary for specialization.
relatively routine decision-making and
•Unit – functional group within a section; or the smallest
maintenance of the internal order.
functional group with in an organization

3
TERMINOLOGIES: • it is comprised of functions, relationships,
Sworn officers – All personnel of the police department responsibilities and authorities of individuals within the
who have oath and who posses power to arrest . organization
Superior officer – one having supervisory
responsibilities, either temporarily or permanently, over
officers of low rank. KINDS OF ORGANIZATIONAL STRUCTURE
Commanding officer – an officer who is in command •Line Structure/ Line Organization
of the department, a bureau, a division, and area or •The Functional Organizational Structure
district . •Line and Staff Structure
Ranking officer – the officer who has the more senior
rank/higher rank in a team or group.
Line Structure/ Line Organization
•Length of Service - the period of time that has •The line structure is the oldest, simplest and
elapsed since the oath of office was clearest form of organizational design. (Military)
administered previous active services may be •The authority flows from the top to the bottom
included or added. of the organization in a clear and unbroken line,
creating a set of superior-subordinate relations in a
•On duty - the period when an officer is actively hierarchy commonly called chain of command
engaged in the performance of his duty. •A primary emphasis is placed upon accountability by
close adherence to the chain of command
•Off duty - the nature of which the police officer
is free from specific routine duty. The Functional Organizational Structure
•It divides responsibility and authority between
•Special Duty - the police service, its nature, which
several specialists,
requires that the officer be excused from the
•structure according to functions and specialized
performance of his active regular duty.
units
•depicts staff functions of the organization
Leave of absence - period, which an officer is excused
•responsibilities are divided among authorities who
from active duty by any valid/acceptable reason
are all accountable to the authority above
approved by higher authority.
Sick leave - period which an officer is excused from
active duty by reason of illness or injury.
Suspension - a consequence of an act which
temporarily deprives an officer from the privilege of
Line and Staff
performing his duties as result of violating directives or
Structure
other department regulations.
•It combines staff specialists for units with the
•Department Rules - rules established by line organization so that service of knowledge
department directors/supervisors to control the can be provided line personnel by specialists such
conduct of the members of the police force. as the criminalists, the training officer, the
•Duty Manual - describes the procedures and research and development specialists, the public
defined the duties of officers assigned to specified relation officer, and the intelligence specialists.
post or position. •a combination of the line and functional kind
•Order - an instruction given by a ranking officer •combines the flow of information from the line
to a subordinate, either general order, special or structure with the staff departments that
personal service, advise, and support them
•Report - Usually a written communication unless •generally more formal in nature and has many
otherwise specifies to be verbal reports; verbal reports departments
should be confirmed by written communication. •The Philippine National Police follow the line and
staff kind
GOALS OF POLICE ORGANIZATION
ORGANIZATIONAL CHART
•To prevent crimes;
•To safeguard Constitutional Rights; •an illustration in the form of a chart which
•To protect the people and their property from harm and represents the organizational structure
violence ; •the mechanical means of depicting, by an
•To identify criminals or law violators and apprehend arrangement of symbols, the relationships that exist
them; between individuals, groups and functional
•Provide public services especially on emergency basis. relationships between groups and individuals clearly
defined to ensure accountability and compliance
ORGANIZATIONAL STRUCTURE
LAW ENFORCEMENT AGENCY
• the systematic arrangement of the relationship •
of the members, positions, departments and ● pertains to an organization responsible for
functions or work of the organization enforcing the laws.
● the collective term for professionals who are
dedicated to upholding and enforcing the laws and
4
statutes that are currently in force in a given •necessary for an organization to function
jurisdiction. effectively, however, the state of the disciplinary
process depends upon the quality of its leaders
PRINCIPLES OF POLICE ORGANIZATION
•Principle of Unity of Objectives - an •UNITY OF COMMAND
organization is effective if it enables the •subordinates should receive orders from one
individuals to contribute to the organization’s superior only
objectives. •SCALAR CHAIN
•Principle of Organizational Efficiency – •the hierarchy of authority is the order of ranks
organization structure is effective if it is structured from the highest to the lowest levels of the
in such a way to aid the accomplishment of the organization
organization’s objectives with a minimum cost. •shows the vertical hierarchy of the
•Functional Principle – refers to division of work organization which defines an unbroken chain
according to type, place, time and specialization of units from top to bottom describing explicitly
the flow of authority
•Scalar Principle of particular personnel to
particular tasks which are highly technical and MANAGEMENT OR ADMINISTRATIVE
require special skills and training FUNCTIONS (POSDCRB)
•– shows the vertical hierarchy of the organization 1. PLANNING - refers to the determination in
which defines an unbroken chain of units from top advance of how the objectives of the organization
to bottom describing explicitly the flow of will be attained. (Setting goals or objectives)
authority. 2. ORGANIZING - involves the determination
–Unity of Command- dictates that there and allocation of the men and women as well as
should only be ONE MAN commanding the the resource of an organization to achieve pre-
unit to ensure uniformity in the execution of determined goals or objectives of the organization.
orders (Division of work/tasks)
–Span of Control- the maximum number of
subordinates that a superior can effectively 3. DIRECTING - involves the overseeing and
supervise supervising of the human resources and the
–Delegation of Authority- conferring of various activities in an organization to achieve
certain specified authority by a superior to a through cooperative efforts the pre-determined
subordinate goals or objecti ves of the organization.
–Specialization- Specialization - grouping of activities 4. STAFFING - the task of providing competent
and men to do the job and choosing the right men for
–segregation of line, staff, and auxiliary functions. the right job. It involves good selection and
processing of reliable and well-trained personnel.
FOUR PRIMAL CONDITIONS OF AN
ORGANIZATION 5. CONTROLLING - involves the checking or
1) AUTHORITY evaluation and measurement of work performance
•the supreme source of government for any and comparing it with planned goals or objectives
particular organization of the organization, and making the necessary
•the right to exercise, to decide and to command corrective actions so that work is accomplished as
by virtue of rank and position planned.. REPORTING - the making of detailed
2) MUTUAL COOPERATION account of activities, work progress, investigations
•an organization exists because it serves a purpose and unusual in order to keep everyone informed or
3) DOCTRINE what is going on.
•provides for the organization’s objectives 7. BUDGETING - the forecasting or estimating in
•provides the various actions, hence, policies, detail of the results of an officially recognized
procedures, rules and regulations of the program of operations based on the highest
organization are based on the statement of reasonable expectations of operating efficiency.
doctrines
4) DISCIPLINE THEORIES OF POLICE SERVICE
•comprising behavioral regulations
•HOME RULE THEORY
➢policemen are regarded as servants of the
•PRINCIPLES OF EFFICIENT
community, who rely for the efficiency of their
MANAGEMENT
functions upon the express needs of the people
• DIVISION OF WORK
➢policemen are civil servants whose key duty is
•work specialization can increase efficiency with
the preservation of public peace and security
the same amount of effort
➢It exist in United States, England and
•AUTHORITY AND RESPONSIBILITY
Philippines
•authority includes the right to command and the
power to require obedience
B. CONTINENTAL THEORY
•one cannot have authority without responsibility
➢policemen are regarded as servants of the
•DISCIPLINE
higher authorities

5
➢the people have no share or have little
participation with the duties nor connection with
the police organization
➢It exist in France, Italy and Spain- countries
with a decentralized form of government

CONCEPTS OF POLICE

OLD CONCEPT
➢police service gives the impression of being
merely a suppressive machinery
➢this philosophy advocates that the measurement
of police competence is the increasing number
of arrests, throwing offenders in detention
facilities rather than trying to prevent them from
committing crimes

MODERN CONCEPT
•regards police as the first line of defense of
the criminal justice system, an organ of
crime prevention
•police efficiency is measured by the
decreasing number of crimes
•broadens police activities to cater to social
services and has for its mission the welfare of the
individual as well as that of the community in
general

•HIGHLIGHTS OF R.A. 6975 AS AMENDED


BY R.A. 8551 AND R.A. 9708

THE DEPARTMENT OF THE INTERIOR


AND LOCAL GOVERNMENT (DILG)

● formerly Department of Local Government


(DLG)
● reorganized under RA 6975

TENURE
maximum cumulative period for a PNP. member
to hold a particular position level/ 10 years

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