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HISTORICAL

BACKGROUND
Prepared by:
WHAT IS ENFORCEMENT?
-means to compel obedience to a
law, regulation, or command. Laws
are futile if they are not properly
obeyed and observed. Hence, every
state or government creates agents
or agencies responsible for the
enforcement of the laws.
WHAT IS POLICING?
-is defined in two ways according to the Microsoft
Dictionary Tools, First is to ensure that law and order
is maintained in a particular area or event using the
police or the military force; and Second is to ensure
that the rules and procedures are followed correctly
in something or that something is implemented as
agreed. Hence, policing is synonymous with the
term law enforcement and these two terms are
used interchangeably in this book.
WHAT IS LAW ENFORCEMENT
AGENCY?
-law enforcement agency or agent pertains to a
person or organization responsible for enforcing the
laws, especially referring to the so-called police
organization. For instance, in the Philippines, there
are various agencies involved in law enforcement
activities depending on the creation of such
agency like Land Transportation Office under the
Department of Transportation and
Communications, which is primarily designated to
enforce the Land Traffic Code of the Philippines or
the law Republic Act No. 4136
WHAT IS ADMINISTRATION?
-B. M. Richman and M. Copen defines
administration is an organizational process
concerned with the implementation of
objectives and plans and internal operating
efficiency. It often connotes bureaucratic
structure and behavior, relatively routine
decision-making and maintenance of the
internal status quo.
WHAT IS LAW ENFORCEMENT
ADMINISTRATION?
-in view of the foregoing discussions,
law enforcement administration can
be summed up as the process
involved ensuring strict compliance,
proper obedience of laws and
related statutes.
-in the Philippines, Law Enforcement
Administration is primarily laid down in the
hands of the Philippine National Police-
the main government agency for law
enforcement. It is both national and a
local police force that provides all law
enforcement services throughout the
country.
POLICING OR LAW ENFORCEMENT is
commonly seen as the sole responsibility
of the government through its law
enforcement agencies. However, today’s
modern trend in law enforcement
requires the unselfish contribution of the
community members to be effective and
efficient.
POLICE
-is a branch of the criminal justice
system that has the specific
responsibility of maintaining law and
order and combating crime within
the society.
The ideal role of the police in a
democratic society like the Philippines
can be describe as “the police should be
powerful but not oppressive; they should
be efficient but not officious; they should
form an impartial force in the body
politic, and yet be subject to a degree of
control by persons who are not required
to be impartial and who are themselves
liable to police supervision”.
THE BABYLONIANS
The Code of Hammurabi – 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 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. The five men also
presided over the Senate and Assembly,
assuring that their rules and decrees were
followed.
ANCIENT ROME
The Romans had a highly developed system of
administering justice. The 12 Tabulae (12 Tables)
were first written laws of the Roman Empire. It deals
with:
1. Legal procedure
2. Property ownership
3. Building codes
4. Marriage customs
5. Punishment for crimes
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 also 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.
EARLY POLICING SYSTEM
Anglo-Saxon 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 peace and order, 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 defend 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, suspect should be acquitted, when
hurt, it indicated guilt and the suspect placed under
punishment.
THE NORMAL PERIOD OF POLICING
1. SHIRE-RIEVE SYSTEM – England at the time of
William Norman, divided England into 55
military 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. TRAVELLING 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. Policemen 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 includes 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 for 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
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 a 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 all
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 principles were considered in
organizing and administering the Scotland Yard
known as the Peel’s 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 news 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.
Police officers must go out of their way to help
or assist the people.
HISTORY OF THE PHILIPPINE NATIONAL
POLICE
The Birth of the Philippine Constabulary (PC)
The eventual capture of the elusive leader of the first
Philippine Republic, General Emilio Aguinaldo on March
23. 1901, an event which signaled the end of the
Filipino-American War, the restoration of peace and
order in the Philippines remained a vexing problem to
the colonizing Americans. A number of Aguinaldo’s
followers opted to carry out the struggle for
independence. Hostilities continued in some parts of
the country, namely, Batangas, Mindoro, Cebu, Bohol
and Samar.
ORGANIC ACT NO. 175
-an act creating an Insular Police force titled
“AN ACT PROVIDING FOR THE ORGANIZATION
AND GOVERNMENT OF AN INSULAR
CONSTABULARY AND FOR THE INSPECTION OF
THE MUNICIPAL POLICE”, the legislation
surprisingly called for an integrated approach
and structure which was to be adopted by
the Philippine government 75 years later.