Administrative Cases of Police
Administrative Cases of Police
Administrative Cases of Police
Public officials have a duty of responsible administration that entails reflective and
articulate elaboration of the policies and principles that govern their work, monitoring the
activities of peers and subordinates to induce compliance with these policies and
principles, and frequent reassessment of the policies and principles in the light of
law, common law, and statutes, but the expression is sometimes hesitant and ambiguous
(Magan, 2003).
Modern societies need, and largely want, police forces that can respond to a range
of emergencies. For that reason officers are granted special coercive authority: they can
invade privacy, confiscate property, restrict liberty, and engage in violence beyond what
would be permissible for non-officers. But the special powers that officers are granted
bring with them the potential for abuse. Herein lies the perennial paradox of regulating
police misconduct: societies can increase the effectiveness of policing by giving officers
more authority, but doing so increases the risk that such authority will be misused. On the
other hand, societies can reduce the risk of police misconduct by strictly limiting officers’
authority, but doing so can inhibit effective law enforcement. As preeminent police scholar
Herman Goldstein wrote in the 1970s, regulating the police involves balancing society’s
need for order against individuals’ desire for freedom (Stoughton, 2018).
The Philippine National Police is mandated to investigate all forms of crime with
the ultimate objective of giving justice to the victims and bringing the perpetrators to the
bar of justice. Hence, the PNP is a vital and indispensable institution of the Criminal
ensure that fidelity by its members to laws and regulations is ensured. This provides the
rules and procedures and the scale of penalties to be imposed upon any member of the
complaint (http://www.pnp.gov.ph/DIDM/Criminal-Investigation-Manual.pdf).
This study aims to investigate the efficiency of police investigators in the follow-up
Specifically the researchers sought to find out the answer of the following
questions:
2. What crime prevention programs can be proposed from the results of the study?
3. What is the significant difference about the status of PNP administrative cases and
Hypotheses
There is no significant difference about the status of PNP administrative cases and
Theoretical Framework
that the police organization bears significant responsibility for police misbehavior. It
explore the understudied and underappreciated link between organizational culture and
police misconduct. Punishing individual cops will not cure the problem of police violence
if systemic features of the police organization permit, sanction, or even encourage the
departments offer for the misbehavior of their members, current remedies are inadequate
to the extent that they ignore or undervalue institutional and organizational factors
(Bandes, 1999).
Over 26,000 personnel of the Philippine National Police (PNP) with administrative
charges since the start of President Rodrigo Duterte’s term until October 2018. Data from
the PNP Directorate for Personnel and Records Management showed that 13,700
administrative cases have been filed against 26,266 PNP personnel since July 2016 until
October this year. Of the total number of personnel, 25,968 or 99 percent are uniformed
or those engaged in law enforcement operations, while only 298 or one percent are non-
against the personnel for violating rules and regulations of the PNP or for committing a
According to the data, only 9,201 complaints against 14,758 PNP personnel or 67
percent of all cases have been resolved. Another 33 percent or 4,499 cases against
11,508 personnel are still pending. Of the cases filed so far in 2018, only 2,132 personnel
or 18 percent had their cases resolved out of 11,613 personnel with charges filed against
them. The data also showed that of the penalized personnel, 2,448 have been dismissed
from service, 491 have been demoted, and most personnel or 4,697 have been
33 have been restricted, and 58 have been withheld of their privileges including incentives
and bonuses. But 3,988 personnel have also been exonerated or acquitted for their
offenses, and 2,248 others had their administrative cases dismissed for lack of probable
cause. Another 27 have been admonished or warned by their superiors, while 71 have
been restored, reappointed, reinstated, or had their leave credits charged (Gonzales
2018).
Conceptual Framework
Here is a the conceptual framework that represents the relationship between the
Independent Dependent
cases authorities
Figure 1.
By nature and purpose of this study, the results or findings of the study will bear
to consider police personnel’s whose dealing with administrative cases. It would help
them analyzing programs and solutions to lessen police misconduct and brutality in their
jurisdiction.
Police Personnel. This study will help police to understand their role as an
heroic as their job prescribe and not to abuse their power because laws will verdict them
in present situation of criminality in our country. It is also provided for them to become
Future Researchers. The result of the study shall serve as a ready reference for
This research will concentrate only to the status of PNP administrative cases and
the response of the authorities. It will only tackle administrative cases that will be filed on
a chosen precinct. The data that will be collected will surely be confidential since it can
affect a police personnel life if it will be exposed. The research also will only find the police
The following variables were used in this study and are being defined operationally
as follows:
personnels, on the one side and a person from the other. Administrative cases are
Procedures of administrative cases differ depending on the type of national legal system.
Unlike most Common law jurisdictions, the majority of Civil law jurisdictions have
specialized courts or sections to deal with administrative cases which, as a rule, will apply
procedural rules specifically designed for such cases and different from that applied in
rule, separate and independent from criminal suits and are governed by differing
administrative case does not conclude the administrative proceedings, nor carry with its
relief from administrative liability. This is because unlike in criminal cases where the
force with outcomes will be sufficient to demonstrate individual accountability for any
maintained. They must also be imposed fairly and proportionately judgement base on the
Foreign Literature
Courts tend to portray incidents of police brutality as anecdotal, fragmented, and isolated
of proof provide partial explanations for the judicial fragmentation of police misconduct, it
seems clear that courts cannot or do not choose to see systemic patterns for reasons that
transcend doctrinal explanations. This article explores those reasons, which, ultimately,
are relevant not only to police brutality, but to the larger judicial tendency to anecdotalist
It is inevitable that courts must decide which details, events, and persona are
relevant to a particular story of police conduct. Every narrative highlights some details,
and downplays or discards others that seem to threaten its coherence. However, the
particular decisions courts make are neither inevitable nor mechanically made. These
decisions are influenced, explicitly and implicitly, by factors that are political, social,
psychological, and cultural. There are many such factors that lead courts to mask or
conscious or preconscious assumptions and expectations about how the story should be
told, what ought to be part of the story, or how the characters will behave. This article will
brutality is different in kind and degree from police misconduct, examples of which include
conducting an unlawful search or using unnecessary force. Police brutality is conduct that
is not merely mistaken, but taken in bad faith with the intent to dehumanize and degrade
its target. It is described as "conscious and venal,... directed against persons of marginal
status and credibility," and "committed by officers who often take great pains to conceal
Perhaps the most puzzling aspect of its resilience is the extent to which it depends on the
complicity of multiple governmental actors, including the courts (Skolnick et al, 2011).
In most cases, the view of police brutality as aberrational shapes the conduct of
every institution responsible for dealing with the problem, including police command,
review boards, administrative agencies, city, state and federal government, and the
courts. This view allows police brutality to flourish in a number of ways, including making
it easier to discount individual stories of police brutality, and weakening the case for any
addressed at many institutional levels. This article is particularly, though not exclusively,
concerned with how and why that fragmentation occurs in the courts (Human Rights
1998).
doctrinal means. Often, police engaged in incidents of brutality have a history of such
records are sealed or expunged, 'patterns are not tracked," and police files are deemed
undiscoverable. If a history of past incidents does exist and, despite these hurdles,
becomes known to the brutality victim, he faces additional hurdles introducing evidence
of the brutality in court, including restrictive evidentiary rulings, protective orders, judicial
toleration of police peijury or of "the blue wall of silence," assumptions about credibility
that favor police officers, the absolute immunity of testifying officers, substantive
level of proof of wrongdoing," restrictive municipal liability standards coupled with a lack
than systemic has had terrible consequences. Systematic police brutality has been
masked, insulated, and implicitly condoned because courts have failed to make
connections among incidents; failed to make causal links between police conduct and the
injuries and confessions of suspects; denied litigants or juries access to information which
for misconduct. Huq and McAdams (2016), show that many law enforcement collective
bargaining agreements (CBAs) create procedural rights for officers that make it difficult
for agencies to investigate and discipline misconduct, including the excessive use of
force. These scholars express concern that such contractual provisions undermine the
ability of management to deter misconduct and thus may promote its commission. Unions
may also successfully lobby for state and local legislation that provides the same kind of
procedural protections against investigation and discipline, or lobby and litigate against
reform efforts. At the same time, unionization might reduce misconduct by producing a
Collective bargaining tends to improve wages and benefits; Becker and Stigler
(1974) argue that higher compensation can deter malfeasance among law enforcers by
raising its opportunity cost. Likewise, the theory of efficiency wages holds that paying
wages above the market-clearing equilibrium may improve productivity, which, in the
context of police, could entail decreased misconduct. Thus, the impact of collective
When police officers are accused of misbehavior, however, police solidarity has
the opposite effect. In the face of outside criticism, cops tend to circle the wagons,
adopting a "code of silence," protecting each other, and defending each other's actions.
If the misconduct is found to be true, moreover, their departments deem the miscreants
"rogue cops" whose conduct does not reflect negatively on the organization from which
they came. The truth, however, is that the same organizational culture that produces
extraordinary heroism also facilitates shocking misconduct, sometimes by the very same
Despite all of the attention that has been paid to this issue in recent years-the news
incidents of police brutality have led many citizens to wonder why very little seems to
change. Over the years, a number of prominent police departments have made efforts
law enforcement officers seems ubiquitous, and serious, lasting reform appears illusory.
As one Los Angeles Times reporter observed in a story about the Los Angeles Police
sweeping change, which are ignored or halfheartedly implemented. The cycle is so habitual
that one steadfast aspect of each new report is a section wondering why the
Consider the way in which police departments describe and defend controversial
dangerous and ambiguous situations, or as the aberrant behavior of rogue cops. The first
kind of explanation-the kind that police departments offered to justify the Rodney King
beating and the more recent shooting of Amadou Diallo-seeks to place the incident in
of suspects whom police reasonably believed were armed and dangerous are regrettable,
but not culpable. They are the unavoidable consequences of the job that we ask police
contrast, accepts certain police actions as unquestionably wrong, but attributes them to
a small minority of police officers gone bad. Thus, these incidents tell us little or nothing
(Bayley, 1995).
These explanations are powerful and important because they frame the way police
prescription for controlling police violence is based on a theory of why police officers
behave the way they do. This article argues that, because the stories police departments
tell themselves (and us) about the causes of police violence are flawed, it is not surprising
that judicial, administrative, and departmental responses to police violence have been
The primary defect in these explanations (and the solutions that go with them) is
that they view police misconduct as resulting from factual and moral judgments made by
officers functioning merely as individuals, rather than as part of a distinctive and influential
organizational culture. The regrettable accident explanation asks whether the officer's
judgment about whether to shoot, or how much force to apply, was reasonable under the
circumstances as known or perceived by the officer at the time of the incident. This
explanation deems an officer not morally or legally culpable for a reasonable, though
erroneous, decision. 7 Thus, police departments view the regrettable accident scenario
for harm caused. 8 What this explanation fails to consider, however, is how the officer
came to be in that particular situation in the first place and whether there is anything to
be learned by examining the organizational norms and policies that framed his judgment
(Connor, 2002).
The misbehaving cop is off on a "frolic and detour" for which he alone is
accountable. This explanation allows the department to distance itself from incidents of
misconduct by labeling the perpetrators "rogue cops," deviants who are wholly unlike their
fellow officers. Moreover, it allows police leadership to declare to the rest of the rank and
file, "this incident is not about you," as Los Angeles Mayor Riordan proclaimed to the rest
of the police force in the aftermath of the recent Rampart scandal. 10 All of this allows the
police organization to absolve itself of any responsibility for the officer's wrong-doing
(Bandes, 2001).
is relatively easy. Misconduct falls into one of three categories: malfeasance, or the
acts in an unlawful or wrongful way; and nonfeasance, or the failure to perform a legally
required act. Regulating misconduct, however, is far more complicated than defining it.
The essays in this chapter offer valuable insights into legal regulation in different countries
and contexts, including reflections on the nature of police misconduct as a social and
The law regulates police misconduct in at least three interrelated ways. First, it
what they are permitted to do, and how they are permitted to do it. Second, the law can
create behavioral incentives that either discourage officers from engaging in misconduct
mechanisms, creating a framework for how individuals and society respond to misconduct
for officers. These may include personal attributes such as age, education, or
performance on a civil service examination. They may also include physical
are set and facilitated by law. Such laws play a regulatory role insofar as officer
the United States and Europe, for example, have found that female officers, older officers,
and more highly educated officers are less likely to generate civilian complaints (Kahan
et al, 1998).
The law also regulates the substance of what officers do. Officers enforce the law,
which means that the legal classification of certain behaviors as criminal can shape officer
behavior. In some countries, for example, individuals are not legally required to observe
any particular religion. Officers in those countries would dramatically exceed their
authority by arresting people for failing to meet some religious obligations. But in other
countries religious observation is mandated by law. Officers in those nations have the
authority to arrest individuals who do not abide by religious tenets. Further, officers may
be legally required to arrest such individuals, in which case it may constitute misconduct—
The degree of clarity or vagueness in how criminal codes are drafted also can play
an important role in defining misconduct. For example, the concept of “theft” is relatively
someone for stealing something. The facts may be difficult to sort through, but the law
itself is clear. But what about laws that prohibit acting “disorderly,” a common offense in
the United States, or making “offensive” statements, prohibited in a number of Asian and
Western European countries? Such laws are vague, which makes it comparatively more
difficult to determine whether an officer’s enforcement actions were appropriate (Emsly
2007).
The law not only regulates what police do, but it also governs how they do it,
establishing what officers must, can, or cannot do in the course of their jobs. Under Article
Indonesia, for example, officers need a warrant to arrest a suspect unless they apprehend
the perpetrator in the act. This can affect police operations by encouraging tactics that
put officers in the position of witnessing crimes firsthand. That, in turn, can lead police
agencies to focus more of their attention on poorer areas, where crime is more likely to
be committed in public, rather on wealthier areas, where crimes are more likely to be
Consider the United States, where blacks constitute about 13 percent of the
Abuse and Mental Health Services Administration, drug use rates among blacks and
whites are almost identical, so, all other things beings equal, the incarceration rate for
drug offenders could reasonably be expected to match that ratio. In fact, however, more
than 40 percent of inmates convicted for drug offenses are black, while only 30 percent
are white. The reasons for this disparity are multitudinous and complicated, but it is at
least partially attributable to the way the law affects the allocation of police resources.
Because the legal system directly regulates policing by protecting privacy, because
privacy is strongly correlated with wealth, and because there is a racial disparity in wealth,
the legal system contributes to racial disparities in criminal justice that many observers
act and can set the stage for misconduct. In many countries, for example, officers write
tickets that impose monetary fines, but officers in some of those countries are also tasked
with collecting fines on the spot, creating the opportunity for low-level graft. Even when
officers do not benefit personally from the assessment of fines, legal systems that fund
police agencies more generally with a portion of the money collected in fines can
resources to obtain economic benefits in a way that does not provide reciprocal benefits
low-income communities and the overuse of asset forfeiture laws, which allow police to
seize private property to either sell or convert to their own use, are two examples (Eck,
2005).
The law also regulates misconduct by determining how easy it is to identify. Legal
systems that disallow the video recording of police officers, for example, can obscure
officer wrongdoing, as do laws that allow individuals who have been arrested to be held
secretly or denied contact with anyone other than the police. And once misconduct has
been identified, the consequences, too, are either created by law or permitted to be
created by law. In different countries various laws govern, among other things, who can
complain about police misconduct, the way complaints must be submitted, how
prosecuted. Legal doctrines govern when an aggrieved civilian is permitted to sue officers
or police agencies, the difficulty of succeeding, and consequences of a successful claim,
influences that affect the law itself. Consider, for example, that the structure of a legal
determining who regulates the police. In many counties, a history of monarchical rule or
colonial influence has given rise to strong centralized governments that have adopted
national police forces. Such forces are the exclusive or primary provider of public policing
services in Argentina, China, Denmark, France, Indonesia, Nigeria, Russia, and Turkey,
to name just a few. In these systems there may be relatively little room for subnational
History and geography are not the only factors that affect the legal regulation of
policing. Social norms— perceptions of race, sex and gender, and religion, for example—
have enormous influence on defining what police do. In the early twentieth century, U.S.
police forces limited (and were legally allowed to limit) female officers to jobs related to
the protection of women and children. In the twenty-first century women serve in every
facet of policing in the United States, although they remain an underrepresented minority
late Prime Minister Benazir Bhutto addressed frequent complaints of harassment and
abuse at the hand of male officers by permitting only female officers to file claims on
many Western countries, for example, the laws that criminalize drug possession and use
are predicated on historically racist beliefs. In the United States early laws criminalizing
opium, cocaine, and marijuana were openly premised on explanations of how those drugs
behavior, particularly the rape of white women. The vestiges of those racist beliefs can
be found in the modern legal regime, from the substantive laws criminalizing drug
Local Literature
According to the article of Pelayo 2018, the Philippine National Police Internal
Affairs Service (PNP-IAS) has simplified the procedure in resolving administrative cases
of errant policemen. The move is in response to the directive of PNP Chief Oscar
Albayalde to carry on with the internal cleansing and disciplining of policemen so they
could perform well in their duties. “Our inspector general and our internal affairs service
fully support the direction laid out by the chief PNP Police Director Oscar Albayalde for
internal cleansing and discipline even performance of the Philippine National Police
organization,” PNP-IAS Deputy Inspector General PDIr. Leo Angelo Leuterio said.
He also added that among the improvements, the PNP-IAS will make sure that the
service of notice regarding the case will reach the involved policemen as soon as
possible. It used to take two weeks because it has to pass through registered mail. This
time it’s just face-to-face. They will be summoned or have the notice sent to the police
station so they can look for them. The submission of affidavit has been shortened from
the previous 10 days to five days. Also, the open hearing on the case is now limited only
to five days as long as the defendant and the respondent submit their respective position
papers. With these changes, Leuterio believes they will be able to solve an administrative
case against members of the PNP within the span of a month, as compared to three
The popular grounds for filing an administrative case against a police are neglect
Last year, PNP-IAS recorded around 3,000 administrative cases filed against
.
Chapter 3
METHODOLOGY
This chapter discusses the research design, locale of the study, respondents and
Research Design
The researchers will use the descriptive method of research which is a definite
to the study. It also included proper scrutiny and interpretation of all insights that will be
collected.
This study will be conducted in Region XII, particularly in General Santos City. The
Research Instrument
This instrument to be used in this research will basically be the data to be gathered
respondents. Particularly, the simple random sampling using the Slovin’s formula. There
Asking permission to conduct the study. The researcher will write a letter to the
Analysis and interpretation of data. The researcher will gather and analyze the
The researcher will use the frequency distribution (percentage distribution) and the
computation of the weighted average mean (WM). These statistical tools will be used to
come up with the summary of the results of the survey. Thus, these results will be
tabulated and interpreted according to the problems of the study being identified.
References
Gonzales, Catherine (2018), Over 26,000 PNP personnel slapped with admin
slapped-with-admin-cases-since-dutertes-term#ixzz5zid5S95M
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Rachel A. Harmon, The Problem of Policing, 110 MICH. L. REV. 761, 765–68
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