HISTORICAL BACKGROUND ON THE EVOLUTION OF THE

PHILIPPINE POLICING SYSTEM.

A. Stages of Philippine Policing System

Historically, the Philippine policing system from its inception to present
has been ruled, structured and organized by different system. These systems are
equally effective as to its respective period of existence. However, there was one
darkest point in the policing history where the police are publicly condemned as
unfriendly and hostile to the community. These were spurred by the alleged
human rights violation, brutality and abuses committed at that time. On the
other hand, the most interesting among the system so far is the traditional type
of police where the public regards as their hero and savior.
Above all, knowing the attributes of each system helps the learner to
understand suitable police structure based from the state declaration and in its
vision and mission.

1. Early Time

No available record of the early or Pre-Spanish policing system. But as far

as law is concerned, the code of Kalantiao and Maragtas had been in the
forefront of the early policing system in the Philippines. Kalantiao and Maragtas
are known rulers of some islands in the archipelago. Rulers in the country before
the Spaniards came are known as Hari, Datu, Sultan and Rajah.
They have their own method of protecting their citizenry by encouraging
all able-bodied constituents in the community to help these rulers and take part
in protecting its citizenry and crops against enemy and wild animals. The criminal
justice process also at this period solely lies on the hand of these rulers and their
advisers.
It was in this period where authorities then informally used the Doctrine of
Posse Comitatus, which eventually served as the forerunner of the Contemporary
Patrol function of the Police for Crime Prevention.

Inclusion of the Doctrine under the Law

Basically, the doctrine of Posse Comitatus was adopted in Section 2275,
Book III, Title IX, Article XI of the Revised Administrative Code of the Philippines,
approved on March 10, 1917.
Further, Section 4, Article II of the 1987 Constitution provides that ―The
prime duty of the government is to serve and protect the people. The
government may call upon the people to defend the state and, in the fulfillment
thereof, all citizens may be required, under conditions provided by law, to render
personal military or civil service.‖
2. Spanish Era

Members of the police force during Spanish time are under the Governor
General.
The Police organization during the Spanish period are:
a. Cuadrillos
b. Carabineros de Seguridad Publica
c. Guardia Civil
d. Guardia Civil Beterana

The Cuadrillos or Guardrilleros: this was a body of rural police

organized in each town and established by the Royal decree of January 8, 1836.
This act provides that 5% of the able bodied-male residents of each town were to
be enlisted in this Police Organization for three years. At first, they were armed
with lance, spare and bolos but later on they were allowed to use firearms, most
of which were, however, muzzle loading rifles. They were compensated for at
least P3.00 a month for 3 years while other progressive provinces received P4.00
to P5.00 a month.

Basic Functions:
 They act as messenger.
 To guard dark and unsafe places.
 To make patrol.
 To guard the municipal buildings and halls.
 Prison Guard.

The Carabineros de Seguridad Publica: this was organized in 1712

for the purpose of carrying out the regulations of the department of state. It was
armed, as its name indicates with carbines. In 1781, it was given the special
commission of government custodies of the tobacco monopoly. By Royal decree
of December 20, 1842, it was organized and called Cuerpo de Carabineros de
Seguridad Publica (Corps of Carabines for Public Safety). This was the
1st group to be arm with rifle in the history of Philippine Police System.
The Guardia Civil: this was created by a Royal Decree issued by the
Crown on February 12, 1852, to partially relieve the Spanish Peninsula troops of
their work in policing towns. It consisted of a body of Filipino policemen
organized originally in each of the provincial capitals of the central province of
Luzon under the Alkalde. This semi military police institution was armed as the
Spanish Infantry, very Martial in Appearance because of its bright and showy
uniform and distinctly prominent insignia, plus a rigidly maintained military
bearing.
 The Guardia Civil Beterana: In 1860, Manila has established a local
police force composed partially of non-military personnel. This was in line with
Spanish reform in colonial civil administration. The significant police reform was
the division of the city into three (3) police districts with a ―Comisario‖ (Deputy of
Police) which rendered service on the call of the local authorities, Manila by that
time had two (2) police bodies, namely: ―The Cuerpo de Vigilancia Publica‖ and
―The Torcio Civil de Manila‖ in 1872, both police bodies were abolished and their
stead was established the ―Guardia Civil Beterana‖. This police organization was
patterned after the Guardia Civil.

3. American Regime
The Spanish Government ceded the Philippines to the United States in
December 10, 1898.
The Schurman Commission offered to Gen. Emilio Aguinaldo on May 4,
1899 a plan of self-government. One important point is the self-policing system
in the Philippines.
It was on January 21, 1901 when the Department of Public Instruction
was created. This department became the basis of the United States in creating
the Western Police District (WPD) to police Manila.
On July 31, 1901 and by virtue of Act No.183, the Western Police District
was created which is famously known as the Manila Police Department and
eventually called as the Manila’s Finest. The 1st Chief of Police for WPD was
Capt. George Eastman Currey. The Police Force was placed under the direct
supervision of the Governor.
Another important event that transpired on August 01, 1901 was the
creation of the Philippine Constabulary, which was considered as the 1 st Insular
Police Force in the country.
On the other hand, the Revised Administrative Code of the Philippines was
approved on March 20, 1917. Section 2275, Title IX, Book III of the Code
provides for the creation of Policemen in any City or Municipality thru the
approval of the Provincial Governor if a town is infested with:
1. Outlaws;
2. Lawbreakers; and
3. Suspicious looking characters.
For this purpose, services of Military Force are not allowed.

4. Japanese Invasion
As a result of World War II, on January 2, 1942 the Japanese Imperial
Force captured Manila and WPD was re-named Metropolitan Constabulary under
the Japanese Military Police (KEMPETAI) which eventually supplanted all types of
Police Forces.
5. Re-occupation by the Americans
True to his words ―I shall return,‖ Gen. Douglas Mc Arthur returned to the
Philippines on February 7, 1945. Shortly after liberation, all police forces were again
reconstituted including WPD and placed under the leadership of Col. Marcus Ellis Jones.

6. Other Pertinent Laws creating Policing System in the Philippines:

1. R.A. No. 541 - This Law was created to improve the Police Service and
Administration, it is also known as the Police Pension Law, but later said law
was proved to be defective that contributed more problems and conflict in the
policing system

2. R.A. No. 4864 - This Law was passed on September 8, 1966 and is
otherwise known as the Police Act of 1966. It was passed and approved by
Congress with the end in view of professionalizing the police service which
serves as the code of all local police departments in the country, some of its
pertinent provisions reads:
―Sec. 2. Purpose – It is hereby declared to be the policy and purpose
of this Act to achieve and attain a high degree of efficiency with the end in
view that peace and order may be maintained more effectively and the laws
enforced with more impartiality. It is also the object of this Act to place the
local police service on a professional level.‖
One of the most significant provisions of RA 4864 is Section 7 which
specifically define the duties of peace officers expressly provide that:
―Sec. 7. Duties of Peace officers – All members of the police agency
shall be PEACE OFFICERS. It shall be their duty to preserve peace and order;
prevent the commission of crimes; protect life, liberty and property; and
arrest all violators of laws and ordinances within their jurisdiction. They shall
exercise the general powers to make arrest, searches and seizures IN
ACCORDANCE WITH LAW. They shall detain an arrested person only within
the period prescribed by law.
By virtue of this provisions, the local police agencies were expressly
granted the authority in law as PEACE OFFICERS so lawfully exercise
general police powers limited within their respective jurisdiction.
Some of the features of this law are:
 The Local Police is still under local executives but the salaries are subsidized by
the Government,
 It created the Police Commission (Now NAPOLCOM)
 It provided standard qualification and training for the service.

3. Amendatory Laws of RA No. 4864

Subsequent Presidential Decrees were issued amending and modifying

RA No. 4864 to suit the needs of those who are close to the Palace. On the
 21st day of March 1974, Presidential Decree No. 421 was issued modifying
and/or repealing certain pertinent provisions of the Revised Administrative
Code, further amending RA No. 4864, the provisions of the city charter of
Manila, Quezon, Caloocan, and Pasay, as well as all existing laws, rules and
regulations governing the police force in the country.

By express mandate of PD 421, the Metropolitan Police Force

(MPF) was formed and created whose officers and men are regular members
of the Philippine Constabulary. The four cities and thirteen municipalities
comprising Greater Manila Area (GMA) at that time were place under the
exclusive military and police authority of the MPF.

The real plan however was to utilize Greater Manila Area as an

experimental ground to test the propriety and effectiveness of integrating all the
police agencies in the country into one Integrated National Police. It would seem
that the military authorities were then anticipating that officers and men of the
different local police agencies may possibly band together and rebel against the
dictatorship. To thwart the possibility, it was decided to integrate them under
the direct control and supervision of the Philippine Constabulary.

On the 13th day of June 1974, PD No, 482 was issued, the principal
purpose of which (―purportedly‖) is to bolster the entire police agencies in the
country (2nd, 3rd and 4th paragraphs, pd no. 482). as distinguished from pd 421,
pd 482 specifically lodged to the Philippine Constabulary the powers of direct
control, direction & supervision over the provincial integrated police forces (1st
sentence, sec. 4, supra.). Several presidential decrees were subsequently issued
complementing, modifying and/or amending other existing PDs.

4. Proclamation No. 1081

By virtue of this proclamation, the entire Nation was declared under Martial Law
in September 1972. Three (3) years after the declaration of Martial Law,
President Ferdinand E. Marcos felt the need to have a new type of Police Force
to augment with what he referred to as the New Society. For this purpose, he
signed Presidential Decree No. 765 on the 8th day of August, 1975.

Presidential Decree No. 765

This is otherwise known as the Police Integration Law of 1975 or most
popularly known as the PC/INP Law.
The Organizational structure of which is Semi-Military, and Semi-Civilian. The
organization retained its Military attribute since the Philippine Constabulary—
being the Nucleus belongs to a Military Organization, in fact, it is one among
the then (4) branches of Armed Forces of the Philippines, namely:
1. Philippine Air Force
 2. Philippine Army
3. Philippine Constabulary
4. Philippine Navy

The issuance of PD 765 somehow finds constitutional basis under

Section 9, Article XIV of the 1935 Constitution which expressly
provides:―Section 9 – The government shall organize and maintain as national
police force to preserve the public order and enforce the law.‖
Observe the language of the law. ―The Constitutional duty of the INP
under the 1935 Constitution is merely to preserve public order and enforce
the law. To defend and protect the people were not included thereto as
distinguished from the 1987 Constitution.
Excerpts from the said Presidential Decree read as follows:
―Section 1. – Constitution of the Integrated National Police –
There is hereby established and constituted the Integrated National Police
which shall be composed of the Philippine Constabulary as the NUCLEUS and
the Integrated (National) Police Forces established under the Department of
National Defense.‖
The word composed as provided in that provision of law makes the
Philippine Constabulary a cohesive part of the INP. It became the central
point of authority, even as it remained as one of the major services of the
Armed Forces of the Philippines (Section 5, PD 765).
While the previously mentioned Military organizations are under the
Department of National Defense and said department belongs to the
executive branch of government, their functional concern is more on National
Security (Both Internal and External) and Insurgency Problem.
On the other hand, the PC/INP organization is also considered civilian
because the Integrated National Police, consists of Civilian components
namely:
1. The Police Force
2. The Fire Fighting Force
3. The Jail Force
Some of the important innovations introduced by the law are:
1. All components are considered as national employees
2. There is standardized system on recruitment
3. While the local executives retain some control over police assigned in
their locality, they have no power to hire or fire any member.

B. The 1987 Constitution

Due to the ouster of President Ferdinand E. Marcos from position as a
result of the People’s Power (EDSA Revolution) at EDSA sometime in February
1986, the then President Corazon C. Aquino selected and appointed the brightest
people in the country for the formulation of new fundamental law of the land
which after ratification by the people in a plebiscite held is now known as the
1987 Constitution.

1. Constitutional Basis on the Creation of the PNP

Section 6, Art. XVI of the 1987 Constitution provides ―The State shall
establish and maintain one Police force, which shall be national in scope and
civilian in character, to be administered and controlled by a National Police
Commission.
The authority of local executives over the police units in their
Jurisdiction shall be provided by law‖.
The above-constitutional provision explicitly calls for one police force,
which shall be National in scope and civilian in character.
The phrase ―national in scope‖ means a police force that could
effectively function throughout the nation or in any part of the country. In
short, any member of the organization can be assigned and reassigned
elsewhere in the Philippines.
In response to public clamor against several abuses allegedly
committed by the Police Force as experienced during Martial Law Regime—
and such violations were attributed to the ―Militaristic‖ character of the
organization—the constitution in like manner mandates that the Police Force
to be created shall be civilian in character.
The wisdom of this provision is now laid to rest all the issues
particularly on the dual structural components of the previous Police
organization. By this, the public expects that this police force described by
the constitution would perform its tasks more on civilian approach such as
respect for human rights and humane system of identifying and arresting
offenders be adhered in accordance with civilized and civilianized orientation.
It is clear that the power to administer and control the PNP is lodged
to the National Police Commission. The authority of the local executives over
members of the PNP such as the power to employ, deploy and select the
chief of the PNP in their respective area of responsibility is now provided
under R.A. No. 6975, and amendatory laws.

a. Republic Act No. 6975

As a result of the Constitutional mandate already quoted, the
Congress enacted and passed a law governing the present policing system
which is R.A. No. 6975 otherwise known as ―An Act Establishing the PNP
under a Reorganized DILG and for after Purposes‖. It is also referred to as
―DILG Act of 1990‖

Aside from the already provided qualifications of the would-be

members of the police force, R.A. No. 6975 added the following
 qualifications which if strictly implemented would probably bring
satisfactory service:
 Collegiate units of at least 72 academic units
 Police Eligibility
 Age, height and weight qualifications

b. R.A. No. 8551

Perhaps, to make the service Police Force more professional in
sense and in action, the congress enacted and passed R.A. No. 8551
otherwise known as the PNP Reorganization and Reform Law‖ or ―Police
Reform & Reorganization of 1998‖.

Notably and probably, R.A. No. 8551 is more rigid and serious then
what other laws provide on the Educational Qualifications of members of
the organization. The law now provides Collegiate Degree qualification,
which must be obtained from a duly recognized institution of learning.

c. RA 9708
This is the latest law on Philippine Policing, it is known as ―Police
Education and Promotion Act of 2009‖.
Sec 30 (1), of RA 6975 as amended by RA 8551 is further amended by
RA. No. 9708, as follows:
1. Provides for the continuing education program to be provided by
NAPOLCOM in coordination with the PNP, CSC, CHED and the CHR thru
distance education or in-service training.
2. Continuing education program include Law Enforcement, Criminal
Investigation, Human Rights or other similar programs

Other features of the law:

1. The law extends for Five Years the Reglementary Period for Complying
with the Minimum Educational Qualification for Appointment to the
PNP and Adjusting the Promotion System thereof, Amending for the
purpose pertinent provisions of RA 6975 and RA 8551
2. The law also gives policemen who have not met the minimum
educational qualification for appointment or promotion up to five years
to fulfil the requirements to stay in the service
3. Policemen who are in the service for more than 15 years and who
have exhibited exemplary performance is no longer required to comply
with the minimum requirements.
4. The law also allows police personnel to avail of career advancement
opportunities in the service through promotions despite harassment
cases filed before the Ombudsman and the People’s Law Enforcement
Board (PLEB)
2. Related Constitutional Basis (1987)

Section3, Art. II of the 1987 Constitution provides ―Civilian

authority is, at all times, supreme over the Military. The Armed Forces of
the Philippines is the protector of the people and the State. Its goal is to
secure the sovereignty of the state and the integrity of the national
territory‖.
While the above quoted provision expressly mentioned the words
―Military‖ and ―Armed Forces of the Philippines‖ this does not exclude the
PNP Organization as the peace-keeping arm and anti-Crime force of the
government.
Organizationally, the PNP is civilian in character. Nonetheless, the
fact that members of the force are armed with low or high caliber
firearms, the Constitution provides a guarantee to avoid any abuses that
may be committed by the armed forces of the government, thus,
recognizing the superiority of civilian over that of the armed forces.

3. Other newly enacted laws affecting the Philippine National Police

1. Republic Act 11200

An Act Providing for the Rank Classification in the Philippine
National Police, Amending for the Purpose Section 28 of Republic
Act 6975, as Amended Otherwise known as DILG Act of 1990.
2. Republic Act 11279
An Act Transferring the PNPA and the National Police Training
Institute from the Philippine Public Safety College to the Philippine
National Police, amending for the purpose sections 24, 35, 66, 67
and 68 of Republic Act 6975, otherwise known as the DILG Act of
1990, as Amended, Appropriating Funds Therefor and for other
Purposes
3. Republic Act 11549
An Act Lowering the Minimum Height Requirement for Applicants
of the PNP, BFP, BJMP and BUCOR, Amending Republic Act 6975,
as Amended, RA 9263, and Republic Act 10575.