Lea 101

Law Enforcement Organization and Administration (Inter-Agency Approach)

1st Semester, AY 2019-20120

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

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 to347 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. Ideals 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 Code-
they became known the Corpus Juris Civilis which means Body of Law.

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 Judge -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
55military districts known as the Shire-Rieve. Shire was the district, Rieve was the ruler
who makes laws, pass judgment 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:
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.
 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 Peel 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 cannot 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.

HISTORY OF THE PHILIPPINE POLICING SYSTEM

1.1. Pre-Spanish Time

Before the Spanish came, here has been already a policing system that was in place in Philippines.
That was when there were few people and governing them was quit not difficult unlike nowadays that we
have complex problems brought by globalization, diverse population. In earlier times, most places, in
some parts of the country, the functions of seeing to it that rules and regulations of the community were
enforced devolved on the Headman or whoever heads the tribe. He performs all the jobs of the offices of
what we call now chief of police, prosecutor, judge and ail warden.
1.2 Spanish Era

 The police force was considered as part of the military system by the Spanish government.
 The locally organized police forces, although performing civil duties and seemingly created for
the sole purpose of maintaining peace, were in fact directly commanded by the colonial military
government.
 Police functions during the Spanish Regime considered mainly in
o The suppression of brigandage by patrolling unsettled areas
o Enforcement of tax collection, including revenues
o Looking into the works and movement of the people

The police forces organized during the Spanish Regime:

 1. Carabineros de Seguridad Publico (Mounted Police) - 1712
 It was organized for the purpose of carrying out the policies of the Spanish government.
 It was given the special commission as custodian of the tobacco monopoly.
 It was later known as Cuerpo de Carabineros de Seguridad Publica by virtue of a Royal
Decree on December 20, 1842. Its duties became police – like and more general
including the prosecution of law breakers, maintenance of peace, order, and security,
and the vigilance on the execution of laws and ordinance of good government.
 It was subsequently given limited power to discharge specific duties as port, harbor and
river police.

2. Guardrilleros (January 8, 1836)

 A body of rural police organized in each town which composed of 5% of the able-
bodied male inhabitants of each town or province, enlisted to serve for 3 years.
 The duties of this local police were:
o To make patrol and carry mails at times
o To guard dark and unsafe places
o To guard the tribunal and prison houses

3. Guardia Civil (February 12, 1842)

 It partially relieved the Spanish Peninsular Troops of their works in policing towns.
 It consisted of a body of Filipino policemen organized originally in each of the
provincial capitals of the central provinces of Luzon under the Alcalde (Governor)

1.3 American Occupation

1. Insular Police Force (November 30, 1890)

 It was established during the Filipino-American war (1898-1901) upon the
recommendation of the Philippine Commission to the Secretary of War

2. Insular Constabulary (July 18, 1901)

 It was created by virtue of Act No. 175 otherwise known as “An Act Providing for the
Organization and Government of an Insular Constabulary.
 The members were declared peace officers and were authorized and empowered to
prevent and suppress brigandage, unlawful assemblies, riots, insurrections and other
breaches of the peace and violations of law.
 They were empowered to make arrests upon reasonable suspicion without warrant for
breaches of the peace or other violations of the law, and were also empowered and
required to execute any lawful warrant or order of arrest issued against any person or
persons for any violation of the law by any judge or justice of the peace or any other
officer authorized by law to issue a warrant. Prisoners, with or without warrant, shall
in all cases, within twenty-four hours if reasonably practicable, be brought before a
Judge or Justice of the Peace having jurisdiction over the offense, for examination and
release after bail, if the offense is bailable.
 When in pursuit of criminals the Provincial Inspector of one province in charge of
Insular Constabulary is authorized to continue the pursuit beyond the borders of the
province in which he has ordinary jurisdiction, and arrest the offenders.

3. Manila Police Department (MPD) – July 31, 1901

 It was organized by virtue of Act No. 183 of the Philippine Commission.
 Capt. George Curry – a U.S. Army officer appointed by the TAFT Commission on
August 7, 1901 as the first Chief of Police.
 Capt. Columbus Piatt – last American Chief of Police (COP) of MPD before World
War II broke out.
 Col. Antonio C. Torres – first Filipino COP when MPD became an all Filipino police
organizations; declared Manila as an open city when World War II broke out in 1941;
during the World War II, MPD was placed again under the American Control.
  Col. Marcus Ellis Jones – a U.S Provost Marshall who was named as MPD Chief of
Police just after the Manila Liberation.
 Col. Lamberto T. Javalera – the first Filipino COP of MPD appointed by Pre. Roxas
under the Republic Government.

4. Philippine Constabulary (October 3, 1901)

 Insular Constabulary was changed to Philippine Constabulary by virtue of Act No.
255.
 Capt. Henry T. Allen – first Chief of the Philippine Constabulary from 1901-1907
such that he was called as the Father of Constabulary in the Philippines.
 It was mostly manned by Filipinos but officers were mostly Americans.
 Based on Revised Administrative Code of 1917, specifically Section 825, it stated that
the Philippine Constabulary is a national police institution for preserving the peace,
keeping order and enforcing the law.
 Brig/Gen. Rafael Crame – first Filipino Chief of Police. He served as the PC Chief
from 1917-1927.

1.4 Japanese Occupation

1. Kempeitai
 Japanese Military Police held responsible in maintaining peace and order in Manila
and adjacent urban areas.
 It ruled the urban areas until General Douglas McArthur returned on February 7, 1945.
 The Kempeitai was the military police force administered by the Japanese War
Ministry during WWII over the occupied Territories of Japan. Specially trained in
interrogation methods, its task was to crush all resistance to military rule and it had
powers to arrest and extract information from civilians and military like.

 Methods of Interrogation

Those arrested by the Kempeitai were presumed guilty and had little option for
receiving civilian help and no appeal for clemency. The Kempeitai officer was police
investigator, prosecutor, judge, jury and executioner. Often, long quiet sessions of
interrogation would be used as long as the Kempeitai received the required answers. If
these were not forthcoming, the Kempeitai would use various brutal methods of
interrogation to extract a confession of guilt. Tortures were executed to the limit of
human endurance or to the point of death with survivors attesting to these various
methods.

a. Corporal beatings
This involved metal bars, sticks, bamboo, wet knotted ropes, belts with buckles or
revolver butts.

b. Water torture
The victim was tied and placed on his back with cloth placed over his nose and
mouth. Water was then poured on the cloth as interrogation proceeded. Water
would thus be pumped into his stomach until it was bloated. Sometimes he was
beaten over his bloated stomach or a Japanese would jump or stand on it.
Alternatively, the victim was tied lengthways on a ladder, facing upwards with a
rung across his throat and his head beneath the ladder. In this position the victim
was immersed head first into a tub of water and kept there until almost drowned.
After being revived, interrogation continued and the process was repeated until the
answers were forthcoming.

c. Electric torture
Electric shocks were administered to various parts of the body.
 d. Burning
The victim was burnt with cigarette butts and cheroot ends, petrol and methylated
spirits on sensitive parts of the body like the arm pits, between the toes, on the
scrotum and penis.

e. Dislocation of limbs
The victims’ limbs were twisted and fingers bent backwards causing dislocation
and permanent damage to limbs and joints.

f. Psychological torture
The victim was lead to believe that his/her execution either by shooting or
beheading was imminent and advised to write a letter of farewell. Preparations for
execution were prepared right up to the final stage and stopped short just before the
final shot or cut.

g. Threats to families
Threats were made to wives and families of the victim.

2. Metropolitan Constabulary
 It was under the Bureau of Constabulary
 It was formerly known as Manila Police Department during the American Occupation.

BEFORE THE MARTIAL LAW:

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 non-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 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 Post war 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 Bayan Laban sa Hapon or Hukbalahap became a force to reckon with in Central
Luzon.

The Hukbalahapwas 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 Hukbalahap 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 20,000Hukbalahaps 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.

The Rise of the Communist Party of the Philippines

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, 1967establishing 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…”

1.5 Martial law period (1972-1981)

The Martial Law was declared by President Ferdinand Marcos on September 21, 1972 by
virtue of Proclamation No. 1081. The reason behind proclamation were the formation of the New
People’s Army, the Moro National Liberation Front that time fought for an independent Mindanao,
several student’s protests and labor strikes.

During the Martial Law Regime of President Ferdinand E. Marcos, the Integrated National
Police was organized by virtue of PD 765 in August 8, 1975. It was composed of the Philippine
Constabulary as the nucleus and the INP forces as components under the Department of National
Defense.

o August 8, 1975 – Philippine Constabulary/integrated National Police (PC/INP) was established

as the country’s national police force.
o PD. 765 – Established and constituted the Integrated National Police (INP) with the Philippine
Constabulary (PC) as the nucleus and the INP as the local police force component.

 The INP was responsible for public safety, protection of lives and properties, enforcement
of laws and maintenance of peace and order within the territorial limits of the Philippines.
It was also responsible to prevent crimes, effect and arrest of criminal offenders and
provide for their detention and rehabilitation, take necessary measures to prevent and
control fires, investigate the commission of all crimes and offenses and bring the offenders
to justice.

o R.A. 6975 which was enacted December 13, 1990 created the Philippine National Police,
among others like BFP, BJMP and the Philippine Public Safety College under the reorganized
Department of the Interior and Local Government. The law paved the way for the achievement
of a Philippine police force which is civilian in character national in scope as it is the mandate
 of the Philippine Constitution to “promote peace and order, ensure public safety and further
strengthen local government capability aimed towards the effective delivery of the basic
services to the citizenry through the establishment of a highly efficient and competent police
force that is national and civilian in character.
o December 13,1990 – R.A. 6975 was signed entitled” An Act Establishing the Philippine
National Police under a reorganized DILG, and for other purposes.
o January 29, 1991 – Philippine National Police (PNP) was established composed of former
PC/INP members and selected members from the AFP such as the PAF, PCG and the PA

1.6 Modern Era

o R.A. 8551, known as the “The PNP Modernization Act of 1998” pave the way to have national
police that is civilian in nature and accountable to the public to who, it was sworn to protect
and to serve as it is the “policy of the State to establish a highly efficient and competent police
force which is national in scope and civilian in character administered and controlled by a
national police commission.
o February 17, 1998 – R.A. 8551 entitled “The PNP Reform and Reorganization Act of 1998”
was enacted.
 The PNP shall be a community and service oriented agency responsible for the
maintenance of peace and order and public safety.
 The PNP shall be so organized to ensure accountability and rightness in police exercise of
discretion as well as to achieve efficiency and effectiveness of its members and units in the
performance of their functions.