Nothing Special   »   [go: up one dir, main page]

Lea 1 Module 6

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 8

Republic of the Philippines

Province of Northern Samar


Municipality of Las Navas
COLEGIO DE LAS NAVAS
(The First Community College in the Island of Samar)

CRIMINOLOGY DEPARTMENT

COURSE MODULE

Course Code Course Title Name of Student Contact Number


POLICE ORGANIZATION AND
LEA 1
ADMINISTRTION

TITLE:

The Department of the Interior and Local Government.

The National Police Commission

OVERVIEW:

This module pertains to the creation of the Department of the Interior and local Government and its powers and
function. It also presents the relationship of the department with the Department of National Defense.

COURSE LEARNING OUTCOMES:

At the end of the week, the students should be able to:

a. Determine the powers and functions of the department;


b. Explain the relation of the Department with the Department of National Defense in combating insurgency.

DISCUSSION OF TOPICS:

THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

Section 4. The Department of the Interior and Local Government. – To carry out the policies and purposes of this Act, the
Department of Local Government is hereby reorganized into the Department of the Interior and Local Government,
hereinafter referred to as the Department, in accordance with the provisions of this Act.

Section 5. Powers and Functions of the Department. – In furtherance of the objectives of this Act, the Department shall
continue to exercise the powers and functions of the Department of Local Government in addition to the powers and
functions as herein provided.

Section 6. Organization. – The Department shall consist of the Department Proper, the existing bureaus and offices of the
Department of Local Government, the National Police Commission, the Philippine Public Safety College, and the
following bureaus: The Philippine National Police, the Bureau of Fire Protection, and the Bureau of Jail Management and
Penology.

Section 7. Department Proper. – The Department Proper shall consist of the existing staff services as provided for under
Executive Order No. 262 and the following offices:

(a) Office of the Secretary. – The office of the Secretary shall consist of the Secretary and his immediate staff; and

“Molding Holistic Individuals for a Brighter Tomorrow”


7
Republic of the Philippines
Province of Northern Samar
Municipality of Las Navas
COLEGIO DE LAS NAVAS
(The First Community College in the Island of Samar)

(b) Office of the Undersecretaries and Assistant Secretaries. – The Secretary shall be assisted by two (2) Undersecretaries,
one (1) for local government and the other for peace and order, at least one (1) of whom must belong to the career
executive service, and three (3) career Assistant Secretaries.

Section 8. Head of Department. – The head of the Department. – The head of the Department, hereinafter referred to as
the Secretary, shall also be the ex-officio Chairman of the National Police Commission and shall be appointed by the
President subject to confirmation of the Commission on Appointments. No retired or resigned military officer or police
official may be appointed as Secretary within one (1) year from the date of his retirement or resignation.

Section 9. General Powers, Term of Office and Compensation of the Secretary. – The authority and responsibility for the
exercise of the Department's powers and functions shall be vested in the Secretary, who shall hold office at the pleasure of
the President and shall receive the compensation, allowances and other emoluments to which heads of departments are
entitled.

Section 10. Specific Powers and Functions of the Secretary. – In addition to his powers and functions as provided in
Executive Order No. 262, the Secretary as Department head shall have the following powers and functions:

(a) Prepare and submit periodic reports, including a Quarterly Anti-Crime Operations Report and such other reports as the
President and Congress may require;

(b) Act as Chairman and Presiding Officer of the National Police Commission; and

(c) Delegate authority to exercise any substantive or administrative function to the members of the National Police
Commission or other officers of rank within the Department.

Section 11. Regional Offices. – The Department shall establish, operate and maintain a regional office in each of the
administrative regions of the country to implement the policies and programs of the Department. Each regional office
shall be headed by a regional director to be assisted by two (2) assistant regional directors: one (1) for jail management
and penology and another for fire protection in addition to the present assistant regional directors of the Department of
Local Government.

Section 12. Relationship of the Department with the Department of National Defense. – During a period of twenty-four
(24) months from the effectivity of this Act, the Armed Forces of the Philippines (AFP) shall continue its present role of
preserving the internal and external security of the State: Provided, That said period may be extended by the President, if
he finds it justifiable, for another period not exceeding twenty-four (24) months, after which, the Department shall
automatically take over from the AFP the primary role of preserving internal security, leaving to the AFP its primary role
of preserving external security. However, even after the Department has assumed primary responsibility on matters
affecting internal security, including the suppression of insurgency, and there are serious threats to national security and
public order, such as where insurgents have gained considerable foothold in the community thereby necessitating the
employment of bigger tactical forces and the utilization of higher caliber armaments and better armored vehicles, the
President may, upon recommendation of the peace and order council, call upon the Armed Forces of the Philippines to
assume the primary role and the Philippine National Police (PNP) to play the supportive role in the area concerned.

In times of national emergency, all elements of the PNP, the Bureau of Fire Protection, and the Bureau of Jail
Management and Penology shall, upon direction of the President, assist the Armed Forces of the Philippines in meeting
the national emergency.

“Molding Holistic Individuals for a Brighter Tomorrow”


7
Republic of the Philippines
Province of Northern Samar
Municipality of Las Navas
COLEGIO DE LAS NAVAS
(The First Community College in the Island of Samar)

The complementary relationship between the Department of the Interior and Local Government and the Department of
National Defense in any of the preceding eventualities shall be jointly prescribed by their respective Secretaries in a
memorandum of agreement that shall thereafter be published and implemented.

THE NATIONAL POLICE COMMISSION

Section 13. Creation and Composition. – A National Police Commission, hereinafter referred to as the Commission, is
hereby created for the purpose of effectively discharging the functions prescribed in the Constitution and provided in this
Act. The Commission shall be a collegial body within the Department. It shall be composed of a Chairman and four (4)
regular commissioners, one (1) of whom shall be designated as Vice-Chairman by the President. The Secretary of the
Department shall be the ex-officio Chairman of the Commission, while the Vice-Chairman shall act as the executive
officer of the Commission.

Section 14. Powers and Functions of the Commission. – The Commission shall exercise the following powers and
functions:

(a) Exercise administrative control over the Philippine National Police;

(b) Advise the President on all matters involving police functions and administration;

(c) Foster and develop policies and promulgate rules and regulations, standards and procedures to improve police services
based on sound professional concepts and principles;

(d) Examine and audit, and thereafter establish the standards for such purposes on a continuing basis, the performance,
activities, and facilities of all police agencies throughout the country;

(e) Prepare a police manual prescribing rules and regulations for efficient organization, administration, and operation,
including recruitment, selection, promotion and retirement;

(f) Establish a system of uniform crime reporting;

(g) Conduct surveys and compile statistical data for the proper evaluation of the efficiency and effectiveness of all police
units in the country;

(h) Render to the President and to Congress an annual report on its activities and accomplishments during the thirty (30)
days after the end of the calendar year, which shall include an appraisal of the conditions obtaining in the organization and
administration of police agencies in the municipalities, cities and provinces throughout the country, and recommendations
for appropriate remedial legislation;

(i) Approve or modify plans and programs on education and training, logistical requirements, communications, records,
information systems, crime laboratory, crime prevention and crime reporting;

(j) Affirm, reverse or modify, through the National Appellate Board, personnel disciplinary actions involving demotion or
dismissal from the service imposed upon members of the Philippine National Police by the Chief of the Philippine
National Police;

(k) Exercise appellate jurisdiction through the regional appellate boards over administrative cases against policemen and
over decisions on claims for police benefits;

“Molding Holistic Individuals for a Brighter Tomorrow”


7
Republic of the Philippines
Province of Northern Samar
Municipality of Las Navas
COLEGIO DE LAS NAVAS
(The First Community College in the Island of Samar)

(l) Recommend to the President, through the Secretary, within sixty (60) days before the commencement of each calendar
year, a crime prevention;

(m) Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the Philippine Heraldy
Commission, for insignia of ranks, awards and medals of honor;

(n) Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its own powers and duties, and
designate who among its personnel can issue such processes and administer oaths in connection therewith; and

(o) Perform such other functions necessary to carry out the provisions of this Act and as the President may direct

Section 15. Qualifications. – No person shall be appointed regular member of the Commission unless:

(a) He is at least thirty-five (35) years of age;

(b) A member of the Philippine Bar or a holder of a master's degree in public administration, business administration,
management, sociology, criminology, law enforcement, national security administration, defense studies, and other related
discipline; and

(c) Has had experience in law enforcement work for at least five (5) years .

Section 16. Term of Office. – The four (4) regular and full-time Commissioners shall be appointed by the President upon
the recommendation of the Secretary. Of the first four (4) commissioners to be appointed, two (2) commissioners shall
serve for six (6) years and the two (2) other commissioners for four (4) years. All subsequent appointments shall be for a
period of six (6) years each, without reappointment or extension.

Section 17. Temporary or Permanent Incapacity of the Chairman. – In case of absence due to temporary or permanent
incapacity of the Chairman, the President shall designate an Acting Chairman. In case of death or permanent incapacity or
disqualification of the Chairman, the Acting Chairman shall also act as such until a new Chairman shall have been
appointed and qualified.

Section 18. Removal from Office. – The members of the Commission may be removed from office for cause. All
vacancies in the Commission, except through expiration of term, shall be filled up for the unexpired term only: Provided,
That any person who shall be appointed in this case shall be eligible for regular appointment for another full term.

Section 19. Prohibitions. – The Chairman and members of the Commission shall not engage in the practice of any
profession, or intervene, directly or indirectly, in the management and control of any private enterprise. They shall not,
directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office.

Section 20. Organizational Structure. – The Commission shall consist of the following units:

(a) Commission Proper. – This is composed of the offices of the Chairman and the four (4) commissioners.

(b) Staff Services. – The staff services of the Commission shall be as follows:

(1) The planning and Research Service, which shall provide technical services to the Commission in areas of overall
policy formulation, strategic and operational planning, management systems or procedures, evaluation and monitoring of

“Molding Holistic Individuals for a Brighter Tomorrow”


7
Republic of the Philippines
Province of Northern Samar
Municipality of Las Navas
COLEGIO DE LAS NAVAS
(The First Community College in the Island of Samar)

the Commission's programs, projects and internal operations; and shall conduct thorough research and analysis on social
and economic conditions affecting peace and order in the country;

(2) The Legal Affairs Service, which shall provide the Commission with efficient and effective service as legal counsel of
the Commission; draft or study contracts affecting the Commission and submit appropriate recommendations pertaining
thereto; and render legal opinions arising from the administration and operation of the Philippine National Police and the
Commission;

(3) The Crime Prevention and Coordination Service, which shall undertake criminological researches and studies;
formulate a national crime prevention plan; develop a crime prevention and information program and provide editorial
direction for all criminology research and crime prevention publications;

(4) The Administrative Service, which shall provide the Commission with assistance on budgetary and financial matters;
provide the necessary services relating to records, correspondence, supplies, property and equipment, security and general
services, and the maintenance and utilization of facilities; and provide services relating to manpower, career planning and
development, personnel transactions and employee welfare;

(5) The Inspection and Monitoring Service, which shall conduct continuous inspection and management audit of
personnel, facilities and operations at all levels of command of the PNP and shall monitor the implementation of the
Commission's programs and projects relative to law enforcement; and

(6) The Installations and Logistics Service, which shall review the Commission's plans and programs and formulate
policies and procedures regarding acquisition, inventory, control, distribution, maintenance and disposal of supplies and
shall oversee the implementation of programs on transportation facilities and installations and the procurement and
maintenance of supplies and equipment.

(c) Disciplinary Appellate Boards. – The Commission shall establish a formal administrative disciplinary appellate
machinery consisting of the National Appellate Board and the regional appellate boards.

The National Appellate Board shall decide cases on appeal from decisions rendered by the PNP chief, while the regional
appellate boards shall decide cases on appeal from decisions rendered by officers other than the PNP chief, the mayor, and
the People Law Enforcement Board (PLEB) created hereunder.

Section 21. Regional Offices. – The Commission shall establish, operate and maintain regional offices headed by regional
directors who shall implement the policies and programs of the Commission in their respective regions. For administrative
purposes, the regional offices of the Commission shall be attached to the general offices of the Department.

Subject to the standards that shall be prescribed by the Commission, the regional offices shall likewise perform the
functions of adjudication of benefit claims.

Section 22. Qualifications of Regional Directors. – No person shall be appointed regional director unless:

(a) He is at least thirty (30) years of age;

(b) A holder of a baccalaureate degree and appropriate civil service eligibility; and

(c) Has at least five (5) years’ experience in the field of law enforcement, criminology or police administration.

“Molding Holistic Individuals for a Brighter Tomorrow”


7
Republic of the Philippines
Province of Northern Samar
Municipality of Las Navas
COLEGIO DE LAS NAVAS
(The First Community College in the Island of Samar)

SELF-CHECK TEST:

1. PO1 to SPO4 is appointed by the Regional Directors, who appoints from Inspector to Superintendent?
a. Chief of the PNP
b. DILG
c. NAPOLCOM
d. PLEB

2. Recommends the appointment of the ranks from Sr. Superintendent to Deputy Director General.
a. Chief of the PNP
b. DILG
c. NAPOLCOM
d. President of the Philippines

3. The rank from Sr. Supt up to Dir. General is appointed by the President subject to the confirmation of
______________________.
a. Civil Service Commission
b. Commission on appointments
c. Commission on Human Rights
d. DILG

4. National Police Commission, hereinafter referred to as the ___________.


a. Commission
b. National Office
c. Police Administrators
d. Police Legislators

5. R. A. 6975 is administered by ______________.


a. AFP
b. DILG
c. MMDA
d. Local Executives

6. Who serves as an ex-officio Chairperson of the Commission?


a. The Assistant Secretary of the Department
b. The Chief of the PNP
c. The Secretary of the Department
d. The Undersecretary of the Department

7. The highest rank in the PNP:


a. 5 Star General
b. Director General
c. General Director

“Molding Holistic Individuals for a Brighter Tomorrow”


7
Republic of the Philippines
Province of Northern Samar
Municipality of Las Navas
COLEGIO DE LAS NAVAS
(The First Community College in the Island of Samar)

d. Super General

8. The rank of regional directors in the PNP


a. Chief Superintendent
b. Director
c. Division Superintendent
d. Senior Superintendent

9. The PNP second in command with the rank of Dep. Director General, is the Deputy for Administration. How
about the third in command?
a. Deputy for Beautification
b. Deputy for Collection
c. Deputy for Finance
d. Deputy for Operation

10. Shall provide the Commission with efficient and effective service as legal counsel of the Commission; draft or
study contracts affecting the Commission and submit appropriate recommendations pertaining thereto; and render
legal opinions arising from the administration and operation of the Philippine National Police and the
Commission;
a. Administrative Service
b. Crime prevention and coordination service
c. Legal Affair Service
d. Staff services

EVALUATION ACTIVITIES:

Explain the relationship of the Department of Interior and Local Government with the Department of National
Defense.

REFERENCES:

1. TANCANGCO, DANILO LAGO (2011), Police Administration, Organization and Planning


2. Police Organization and Administration by Prof. Andres Z. Agsalda
3. Police Organization and Administration with Police Planning by Ricardo M. Guevara and Williard D. Vinas
4. Law Enforcement Administration, A textbook in Criminology by Manwong and Delizo

DEFINITION OF TERMS:

1. Commission – It is referred as the National Police Commission.

2. Department – It is referred as the Department of Interior and Local Government.

3. Secretary – A member of a cabinet appointed by the President of the Philippines.

“Molding Holistic Individuals for a Brighter Tomorrow”


7
Republic of the Philippines
Province of Northern Samar
Municipality of Las Navas
COLEGIO DE LAS NAVAS
(The First Community College in the Island of Samar)

4. Subpoena – A writ issued by court authority to compel the attendance of a witness at a judicial proceeding,
disobedience may be punishable as a contempt of court.

“Molding Holistic Individuals for a Brighter Tomorrow”


7

You might also like