napolcom reviewer ebook 2015
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Salient Features
of
RA 7942 or
The Philippine Mining ct of
1995
The
R 7942 or "The Philippine
M1n1ng
Act
of
1995" and its Revised
lmplement1ng Rules and Regulations (RIRR) s considered n the industry today as one
of
the most socia ly and env1ronmenta ly-sensltive leglslat1ons
n
its
class It has
spec1f1c
prov1s1ons that take
into
cons1derat1on:
• Local government empowerment;
• Respect and concern for the 1nd1genous cultural commun1ties,
• Equitable sharing
of
benefits
of
natural wealth,
• Econom1c demands of present generation while prov1d1ng the necessary
foundation for future generations,
•Worldwide trend towards globa 1zat1on, and
• Protection for and wise management of the environment
GOVERNING PRINCIPLES
The
Implementing Rules and Regulations (DENR Admrn1strat1ve Order No.96-40)
of the Philippine M1n1ng Act of 1995 provides strict adherence to the principle of
SUSTAINABLE DEVELOPMENT This strategy mandates that the needs of the present
should be met without comprom1s1ng the ab1 1ty of the future generations to meet their
own needs, with the view of
1mprov1ng
the quality of life, both now and n the future
Sustainable development provides that the use of mineral wealth shall be pro-people
and pro-environment
n susta1n1ng
wealth creation and improve quality
of
life.
The principles of SUSTAINABLE MINING operates under the following terms
• Mining s a temporary land use for the creation of wealth. leading to an optimum
land use in post-mining stage as consequence of progressive and engineered
mine rehabi itat1on works done n cycle with
m1n1ng
operations,
• M1n ng act1vit1es must always be guided by current Best Practices in
environmental management committed to reducing the impacts of m1n1ng while
efficiently and effectively protecting the environment
•
The
wealth created as a result
of m1n1ng
accruing to the Government and
tl1e
community should lead to other wea th-generatrng opportun1t1es for people n the
commun1t1es and for other envlronment-respons1ble endeavors
• Mining
act1v1t1es
shall be undertaken with due and equal regard for economic
and environmental cons1derat1ons, as well as for health, safety, social and
cultural concerns
• Conservation of minerals s effected not only through technological eff1c1enc1es
of m1n1ng operations but also through the recycling
of
mineral-based products, to
effectively lengthen the usable life of mineral commod1t1es
• The granting of m1n1ng rights shall harmonize
ex1st1ng act1v1t1es,
pol1c1es and
programs of the Government that directly or indirectly promote self-reliance,
development and resource management. Activities, pollc1es and programs that
promote community-based, community-oriented and procedural development
sha I be encouraged, consistent with the principles of people empowerment and
grassroots development
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6 PNP members shall adhere to high standards of morality and decency and
shall set good exan1ples for others to follow
b_
Judicious Use of Authority
c lntegnty
d. Justice
7 PNP members shall strive constantly to respect the rights of others so that
they can fulfill their duties and exercise their rights as human beings. parents, children,
c1t1zens. workers, leaders. or other capacities and to see to
t
that others do likewise
a
Humility
b
Orderliness
c
Integrity
j
,Ju:::tice
8 Once a dec1s1on s made, PNP members shall take legitimate means to
achieve the goal even n the face of internal or external
d1ff1cult1es
and despite anything
which might weaken their reso ve
in
the course of time
a Integrity
I). Pe1::evcranc0
c Devotion to Duty
d Physical Fitness and Health
9 PNP members shall obey lawful orders of and be courteous to superior
officers and other appropriate authorities
w1th1n
the chain
of
command and they shall
readily accept whenever they are assigned anywhere n the country
a Conservation
of
Natural Resources
b. Obedience to
Superiors
c Devotion to Duty
d Physical Fitness and Health
1O
Immediate Commanders/Directors shall be responsible for the effective
superv1s1on, control and direction of their personnel and shall see to t that all
government resources shall be managed, expended
or
utilized n accordance with laws
and regulations and safeguard against losses thru illegal
or
improper disposition
a
: o r n n ~ i n d
R0spo11sib1 ity
b Loyalty
c Disc1p 1ne
d Commitment to Public Interest
Formulated by
PSSUPT
JEROME SALE BAXINELA
C,UTPDD
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REVIEW QUESTIONS on PNP Ethical Doctrine
Multiple
Choices. Choose
the
Jest
answer
from
the given
facts.
1
PNP
members shall
seek
self-improvement through career development
and shall not directly or indirectly solicit influence or recommendation from pollt1c1ans,
high
ranking
government
officials
prominent c1t1zens persons
affiliated
with
civic
or
religious organizations
with
regards to their assignments. promotions, transfer or those
of the other members of the force
a Social Awareness
b Secrecy Discipline
c · on·floUcftation of
Patronzo-e
d Commitment
to
Democracy
2 PNP members shall guard the confidentiality of classified 1nformat1on
against unauthorized
disclosure.
1nclud1ng conf1dent1al aspects of official business,
special orders. commun1cat1ons and
other
documents
. } u c 1 G r : : ~ / 81sc1p ine
b Proper Care and Use of Public Property
c.
Respect
for Human
Rights
d.
Non-Partisanship
3 PNP n1embess shall provide services to everyone without
d1scrim1nat1on
regardless of party
aff1l1atron n
accordance with
ex1st1ng
laws and regulations
a
Social
Awareness
b< Non-Partisans 1ir)
c
Non-Sollc1tat1on
of
Patronage
d Commitment to Democracy
4
PNP members shall always uphold public interest over and above
personal interest
a Command
Respons1b1lity
b Loyalty
c Disc1pl1ne
t Cornmitn1ent
to
Public
l n t r ~ s t
5
PNP members
shall perform their duties with dedication, thoroughness,
efficiency enthusiasm. determ1nat1on, and manifest concern for public welfare, and shall
refrain from engaging in any activity which shall be conflict with their duties as public
servants
a Conservation of Natural Resources
b Obedience to Superiors
.
iJevol :on
t
Dut;i
d Physical Fitness and Health
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Questions·
1
The
Wildlife Resources Conservation and Protection Act (RA 9147) aims to protect
our country s fauna from 1 11c1t trade, abuse and destruction. through·
a Conserving and protecting
wrldl1fe
species and their habitats,
b Regulating the collection and trade of wildlife,
c Pursuing, with due regard to the national interest, the
Ph l1pp1ne
comn11tment to
international conventions, protection of wildlife and their habitats:
d.
ln1t1at1ng
or supporting
sc1ent1f1c
studies on the conservation of b1ologlcal
d1vers1ty,
e. All of the above.
2
The Wildlife Resources Conservation and Protection Act (RA
9147)
makes 1t unlawful
for any person to undertake the following:
a Inflicting injury which cripples and/or 1mpa1rs the reproductive system of
w1ldl1fe
species,
b Introduction, reintroduction, or restocking
of
wildlife resources,
c Trading
of
wildlife:
d Transporting of wildlife,
e All of the above
3 The penalty for
v1olat1on
of RA 9147 otherwise known as Wildlife Resources
Conservation and Protection Act
1s
a Imprisonment of as much as 12 years and a fine of P1 m1lhon pesos:
b Imprisonment
of
as much as 1O years and a fine
of
P5
m1ll on
pesos.
c. Imprisonment of as much as 5 years and a fine of P4 m1ll1on pesos,
d Imprisonment of as much as 2 years and a fine of
P3
million pesos,
e None of the above
( 1
t -_ . - · - ~ · . , - • _ ; }
t_ : ( \ r - _
. -
J.
_L _.
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the
w1ld 1fe
s killed or destroyed after
t
has been used n authorized research or
experiments
1nfl1ct1ng
1niury which cripples and/or impairs the reproductive system
of
wildlife
species
effecting any of the following acts
n cnt1cal
habitats. dumping of waste products
detrimental to w1 dllfe, squatting or otherwise occupying any portion of the critical
habitat, mineral exploration and/or extraction, burning: logging; and quarrying
introduction, re1ntroduct1on, or restocking of w1ldl1fe resources
trading of wildlife
collect1ng, hunting or possessing
w1Jdl1fe.
their
y ~ p r o d u c t s
and derivatives
gathering or destroying of active nests, nest trees, host plants and the like
maltreating and/or 1nfl1ct1ng other 1nJunes not covered by the preceding
paragraph, and
transporting of
w1ldl1fe
For any person
who
undertakes these illegal acts, stiff penalties and fines are meted
out Imprisonment of as much as
2
years and a fine of
P
million pesos shall be
imposed, f inflicted
or
undertaken against species listed as critical
A Wildlife Management Fund to be derived from fines imposed and damages
awarded, fees, charges, donations, endowments, adm1nlstrat1ve fees or grants, shall be
adm1n1stered by the Department of Environment and Natural Resources as a special
account
in
the National Treasury It will be used primarily to finance rehab1litat1on or
restoration of habitats due to v1olat1ons of this Act The Fund will also support
sc1ent1f1c
research, enforcement and monitoring act1vit1es, as we I as enhancement of capab1l1t1es
of relevant agencies
With the approval
of
The W1 dhfe Resources Conservation and Protection Act,
Congress continues its commitment to protect the environment to ensure an
economica y and ecologically sustainable future. following the const1tut1onal mandate of
the State to protect and advance the right
of
its people to "a balanced and healthful
ecology n accord with rhythm and harmony of
nature
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RULE 24
-
RULE
27
136
The
involvement of PNP personnel during strikes lockouts and
labor
disputes
1
n
gene:al shall be
l1.m1ted
to
maintenance
of peace and order,
enforcement
of laws.
and
1mplementat1on of egal orders of the duly constituted authorities.
137
The
PNP shall be render assistance to labor
disputes
upon written request
addressed to the
Regional
Director/District
Director
concerr?ed.
138 In the case of actual violence. the police can respond without the written
request
139. Jnsofar as pract,1ceqble, no PNP personnel shall be allowed to render police
assistance rn cdnnect1on \Anth a stnke or o c k c ~ t f there is question or comp air?t as
regards his relationship by affinitv or consanguinity or any off;cia//leader of the
parties
in
the controversy, or i f he has financial or pecuniary
interest
therein.
140 PNP personnel detailed,as peacekeeping force
n
strike
or
lockout areas shall be
in
orescribed
unifortn at
all
times.
141
PNP
personnel shall exercise maximum tolerance and when called for by the
s1tuat1on or when all 0th.er peaceful and non-violent means have been exhausted, police
officers
may employ
such means
as may be necessary and reasonable to prevent or
repel
an aqgressioR_
142
The matter
of determ1n1ng
whether
a stnke, picket
or
lockout
s
legal
or
not should
be left to Department of
Labor
and Employment
and
its appropriate agencies
43
Whenever escorts
are be provided, all escorts shall be
n
prescribed uniform at aft
f mes
44 The pertinent prov1s1ons of the Public
Assembly Act
of 985 {Batas
Pambansa
Bilang 880), the Labor Code.
of
the
Phil1pp1nes
3S
amended and
other
applicable laws,
shall be
observed
during rallies strikes, demonstrat ions or other
other
public
assemblies
Law
enforcement
a.gents shall at all times·
a. Exercise maximum tolerance.
b. In case of unlawful aggression, only reasonable force may be
employed
to
prevent
or repel it.
c.
The
employment
of
tear
gas
and
water
cannons shall
be made
under the
control and
supervision of the Grotind
Commander.
d.
No arrest of
any
leader,
organizer,
or
participant shall
be
made
during
the
public
assembly, unfess he/she violates any
pertinent
law as
evidence warrants.
45 -rhe peacekeeping detail shall not be stationed in a pfaceat
least
one ht1ndred
(100) meters away from tl1e area of activitv.
46
Whe11
the public assembly s held without a permit where a permit s required. the
satd pub/Jc asse1nbly may be peacefulfy dispersed However. when the leaders or
UtQd///Lt1f::i
u µuiJ/iL d::i::iti:1.11/J/y
Ldl l ::,/1uw : d µ µ f ~ d i l O f l [O/ µe11111l
July
ft/eJ
d[
i/Je Off/Ct::
of the Mayor which has
jur1sd1ctio11 over
the plac,e where the rally will be held, at feast
five (5) days
prior
to the 1nten(ied act1v1ty and the Mayor did not act on
tf1e
same,
tf1e
grant of the permit being then presumed under the law, and t will be the burden of the
authorities to show that there has been a denial
of
the appflcatio11. n which case. the
ref }' .me}' be peecefuif}' d1spersed t. 7e foffrJ . . 1ng the procedure of .rna,-:1tntt T1 toferer1ce
prescribed
by law
,
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147 Police contingent monitoring a public assembly may be detailed and stationed at
e . e . ~ t
o 1e hundred (100)
meters a t ~ 1 a ~ , from
the area of acti . ftv.
148
An appl1cat1on for permit for
a
public assembly should be flied at least
five
(5)
days
at the Office of the Mayor before the act1v1ty
149 A public assembly
in
a public place must,have permit from the
Mayor
of the City
l 'lr f\/I, 1n1,-.1n .llif11
' / ' ' ' )
150 Police officers are
not allowed
to drink
alcoholic beverages
during
peaceful
assemblies.
151
Gambling
is : prohibited.
during a peaceful assembly and while monitoring the
s tu2t1on
152.
The PNP shall
respect and protect human
dignitv,
maintain
and
uphold
the
human
rights of
all persons.
153 Ground Commanders. are responsible
in
determining
whether there is
a
permit for the h o ~ i n q of the pub ic a s s e m b ~ ' .
154-155 Tear gas. smoke grenades water cannons.
or
anv s1m1far
ant1-r1ot
device
shall
be used
only
wheri the public assembly is attended by actual violence or serious
threats
of
violence, or deliberate destruction
of
property
J56 When assistance s requested by the leaders/organizers. it shall be
imeerative
for
the
COM
contingent
to
perform their duties while
observing
the
rights
o
demonstrators.
157 The COM contingent shall not carry any
kind
of
firearms but may be equipped
'. /1th
baton or not sticks. c:2sh helmets
\A/1th
visor, gas m a s ~ . s , beets er ankle-high shoes
with shin guards
158 In cases when violence erupts. police officers are allowed to hit the violators only
n
fleshy part
of
the body such as arms;
torso,
legs and thighs.
159. The duties
of
PNP personnel n any demoilt1on or ejectment act1v1ty shall be limited
to the maintenance
of
peace
and order.
protection
of fife and
property,
and
enforcement
of
Jaws
and
legal
orders.
160 ear gas water cannon. and reasonable force shall be used only when all other
peacefu and non-'.'fo ent meE?ns
.' ?ave'
been e . ~ h a s t e d .
161. PNP personnel tasked to prqv1de police assistance shall be in prescribed
uniform during the actual df molition. They Shall limited only to occupying the first
line of law enforcement and c v I disturbance control; shall not part1c1pate n the physical
d1smantl1ng
of
any structure subject
of
demol1t1on· and shall use only necessary and
reasonable force
162. The request for police assistance 1s based on an order of the court. gL1as1-tud1c1al
or
adm1t11strat1ve
bodies
Tl1e
written request
tor
police assistance shall be signed bv the
Sheriff or equivalent off1ce1 n quas1-1ud1c1al or
adm1n1strat1ve
bodies.
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RULE
28 -
RULE 31
163 The request for police assistance shall be submitted to the
Office
o f the Chief
P P 1n case the final decision or order
to
be 1n1plemented 1s rendered by the Supreme
Court, the Court of Appeals, the Court of
Tax
Appeals, the Sand1ganbayan,
quas1-
JUd1c1al
bodies
or
adm1n1strat1ve
bodies
164 If the request for police assistance sat1sf1es all the requirements, police assistance
shall be rendered within
three (3)
working davs from receipt of the
d1rect1ve
from the
C
PNP r RO PRO. unless a specific period 1d written 1n the order or due to inherent
1mposs1b1l1ty of
rendering assistance.
a
longer
1s 1·equ1red
165
In
case
of
direct
f1l1ng or
request to local
police units or
operational support
units,
the request shall
be
cef orred \0 tlJe
OCPNr or
RD, PRO, as appropriate
In the
meantime, no police assistance shall be rendered until the CPNP or RD, PRO shall
have acted on the request
166-16/
I he police assistance shall only be granted upon the written request
ot
COMELEC
or
DILG, acc'ompanied
with
the
original
or authenticated copy
of
the
final dec1s1on or order or resolution to be implemented
168 The approving aut)fqrity on request for police assistance from the DILG or
C O ~ ~ E L E C is the Chief P,.. P.
. . '
169 The police assistance shall. be rendered within
three
(3) working days from
receipt on the d1rect1ve frOm the C PNP
170 It 1s
tru
that police assistance can also be rendered for a longer period when
required c1rcumste:ic:es
171 The Special Task Group
Commander
tasked to render police assistance shall
have the d1scret1on to employ suff1c1ent number of the PNP personnel
172 173 The police tean1 that will render police assistance should be led by a Police
Ccmm ss1oned Off•cer (PCO) \•11th the rank
of
fo ice Se.riior r?spector .A.II members
of
the Special tasked Group
shall
be
in
prescribed
uniform
when
rendering police
assistance.
174 The role of the PNP when rendering police assistance shall be lirn1ted to
maintenance
of
oeace
and
order.
crowd
control.
and
the
securitv
of
the
dulv
authorized
officer of
the
COMELEC, DILG
or LGU concerned 1n the 1mplementat1on
of dec1s1on/order/resolut1on
175
In performing their role, the PNP personnel shall at all times observe maximum
tolerance
and
respect
for human rights
and
shall always exercise utmost
impartiality
and
neutrality in effecting its
role.
176 The request for police assistance 1n the 1mplementat1on of final orders, dec1s1011s
Resolutions
or CLOAs
can only be granted upon the written request submitted by the
Agrarian Reform Officer
or
any authorized officer
of DAR.
177
Examples of
Prel1m1nary Agrarian Act1v1t1es
1. Land
Survey
2.
Field Investigation
3. Ocular Inspection
4. fvieeiir1y Ueiwt:e11 ar.:iudl a11U µule11ii
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6.
Landholding tagging
l.na og0us
cas 2S
178 Police assistance n the 1mplementat1on
of
CARP shall be rendered onlv upon a
written
request
submitted by
the
Agrarian reform
Officer
or
anv authorized Officer
o DAR.
179 It s true
that police assistance
n
the 1mplementat1on
of
CARP shall be provided
only
as
requested by DAR
180
It is true that the scope of the resistance to be encountered and the general
peace
and order cond1t1on n the area are the things to be considered
by
the head of office or
unit tasked to renper
police
assistance n
employing suft1c1ent
number
of
the PNP
personnel
,.
181 It
s
true that there are cases when a higher ranking Officer
s
necessary to lead
the police team rendering assistance
182_
The police tean1 that will render police assistance should be
led by
a
Police
Commissioned
Officer
(PCO)
'with
the
rank
of Police Senior Inspector.
183
It
is true thpt the use of force shall only be resorted to for self-defense and defense
of
strangers
184 In no case
shall
PNP
members participate
in
the implementation
of
decision/order/resolution or
in
the
conduct
of any of
the
preliminary
agrarian
activities, which shall be u n d ~ r t k e n by
the
duly
authorized
officer
of
the DAR.
The duly
authorized
officer
of
the DAR
shall
have the
final disposition
whether to
proceed
or
not
with
the implementation
of
the
decision/order/resolution.
185 When the DAR personnel are refused to adrnrttance rnto the property, the PNP
P.ersonnel
cannot
encroach
on the propertv without an order
from
the DAR
specifically for the
purpose.
In the imple1nentation of final orders
or
in
the
conduct
of preliminary agrarian activities the authority
to break into
the property
or into
a
building shall be specifically
provide_d in
the
order.
186. Examples of dec1s1ons/orders of the court, quas1 Jud1c1al or adm1n1stratlve bodies
that are Immediately executor
a .,.emporary Restra1n1niJ Urde'r
b. Writ of
Preliminary Injunction
c
Replevin
d.
Writ of
Preliminary
Attachment
e.
Receivership
[. Orivisiu11di rt:111t: Jie::. Ur1dt: 1 ii1t:: Hu1ttdr1 StjCLJr11iiy Aci
g.
Temporary Protection Order under the Anti-Violence Against Women and
their Children Act
h. Protection Order under the Anti-Child Pornography
Act
i Analogous
cases.
187 lt s true that Prov1s1onal rerned1es under the Human Security Act s not
immediately execu tory
188. Dec1s1ons/orders issued by the court,
quas1 1udlc1al
or
adm1n1strat1ve
bodies that
are immediately executory shall be submitted to the Regional Director (RDJ of the
Police
Regional
Office
(PRO)
having
jurisdiction
of
the
place
where the
decision/order
shall
be implemented.
1
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189 It s
false
that Dec1s1ons/orders issued by the court, quas1-Jud1c1al or admin1strat1ve
bod es th2t 2re : : : i r : : e d 3 t e ~ ' e:vecutory sha be subm tted to the Chief. Pr-.JP
190 It s true that the RD. PRO shall be the approving authority
n
rendering police
assistance n the
1n1plementat1011
of dec1si6ns/orders of the court, quas1-Judic1al or
adn11n1strat1ve bodies
tl1at
are 1mmed1.?lte/y executory
191 It s
false
that the wnrten request
of
the Sherrff or equivalent officer
n
quas1-Jud1c1al
or admrn1strat1ve bod
res
s
not
needed
n
the request for police assistance
192
It
s true
that
tl1e ong1nal
or duly authent1caied copy
ot
the dec1sion/order/resolut1on
sought to be implemented s
also required
n the request for police assistance
193
It s
true
that, titl'e use
f
reasona·ble force shall only be resorted
t for
self-defense
and
defense
of
strangers
194
It
s
true
D1al9gue with those who may be affected by the 1mplementat1on
of
the
dec1s1on/order/reso ut on
s
encouraged to prevent
v1o ence,
and the ass stance
of
ocal
public off1c1als, when warranted, s h o ~ l be requested
195 t s true
that the Sheriff or the equivalent officer
of quas1-Jud1c1al
or
adm1n1strat1ve
bodies does not have the
final
disposition whether
to
proceed
with
the
imolementation
of the
decision/orderlresol 1tion or not.
RULE 32 - RULE 33
196
The
Ground
Commander
s
the main person in-charge during hostage/crisis
operation
197 The safety
of the
hostage shall always be paramount during a hostage s1tuat1on.
198 The mediator will act 2 s the referee between the negotiator and the hostage-taker
199 Emergency Response Plan depends on the threat posed by the hostage-takers
and need of the Negotiation ·ream
.and
On-Scene Commander
200 WCPD
s
111-charge
of
the 1nvest1gat1on
of
complaints and reports
1nvolv1ng
all
forms of violence against women and their children
201
Under the Juvenile Justice and Welfare Act
of
2006, a child aged 15
years
and
below
shall be exempt from criminal
l1ab1l1t1es.
202 Under RA 7610, "children" refers to those below
8
vears of
age
or older but are
incapable of
tak1ng
care
of
themselves
203 The child-victim shall be handled preferably by a police officer
of
the same gender
as the
v1ct1m_
·
RULE 34
204 Bomb is a container filled with explosive, 1ncendrary material, smoke, gas, or other
destructive substance, designed to explode
205 A bomb may also be referred to as Improvised
Explosives
Device
{/ED or
Ordnance.
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206
Bomb Threat
s either a written
or
verbal threat communicated through electronic,
or2 or other means th2t thre2tens tc p ace or use an ED at a certain t me, date or p ace
against specific person
or
place
207 It s
true
that deteri111ned bombers do not frequently give
warnings
of possible
explos1on/1ncend1ary attack
208 It s false that the consequences of conviction for "threatening" are as serious as
t 1ose that could result from actual pfaceme11tll 1it1atton of bomb
209 It s true that a bomb threat s considered only a threat until something
v1s1ble
s
found
210
There are foul
(4.l·opti'on's
1n
cb'rls1denng evacuation
211
lt
s true that unless
a
bomb s found, personnel may
not order
an evacuation of
the affected area, but
may
.inform the person in-charge
of
the
property
of
the
need
to
evacuate
212
lf a suspected
device s d1scoveretj, cause the evacuation of people in the affected
area to a distance 'of
at
least ,300 meters away.
2 3 Ti1e fuiiow111\d 111lu1111di1u11 ::.i'1ouiU be Ueie11nu1eU Li li1e l u ~ i 1 ~ f J U l 1 U e 1 li1e
investigators have not yet arrived
a. Time
of
detonation/explosion;
b
Time
when
tl1e
calf
for bomb threat was
received;
and
c.
Type
of device.
RULE
35 -
RULE
40
214 The Anti-Terrorism
Council
was mandated by law to assume the respons1bi11ty
for the proper
and
effective 1mplementat1on of the anti-terrorism policy
of
the country.
215 Executive Secretarv
s
the chairman of the Anti-Terrorism Council
216
The
On-Scene Co
1
m1nander s n ~ c h a r g e of
1n1t1ally
determ1n1ng f there s a h1gh
degree of probability that the 1nc1dent s a terrorist attack
217 CIMTG
-Critical
nc1dent Management Task Group
218 CIMC- Critical Incident
Management
Committee.
219 Police Regional Office (PRO) ensures the management and containment of
the
1nc1dent
and c o o r d ~ n 2 t e . s 1 vith the TF
Comm2nder
during the development of the case.
220-221
When
bombing attacks and explosions perpetrated by the terrorist, the lnter
Aqency
Protocol on Explosives
and
Related Incidents 1nvest1gat1on among the
PNP
AFP
NB/ and PCG shall be strictly followed
222
PBDC -
Ph1l1pp1ne Bomb
Data Center.
223.
PBDC
-
Ph11ipp1ne
Bomb
'Data
Center
s
the fusion center
for
the reporting
of
ER s
224
Cybercrime
Response s the actual police 1ntervent1on n cybercnme 1nc1dent
225 The
acqu1sit1on
of
ev1dent1ary value s traceable
w1th1n
the
computer s hardware,
software and its network.
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officer/team,
shall not
render
void and invalid such
seizures of and
custody over
said iterns.
239 Types of K1dnapp1ng
a
Kidnapping
by
Organized
Crime
Group/Criminal
Group
(with ransom)
b Kidnapping by Threat Groups/Terrorists
c
kidnap,oing
by
Other Individuals
240 Upon receipt of k1dnapp1ng
1nc1dent
report, the police officer shall make
an
incident recording, deploy first responders and alert all concerned
authorities/tasked groups
like
the local
territorial
units, Criminal investigation and
detection Group and
the
A n t i ~ K i d n a p p i n q Group AKG).
241. Upon 1n1t1al assessment of
the
type of k1d11app1ng and upon conf1rmat1on that the
k1dnapp1ng incident is true, the case shall be referred to
the
AKG.
other
territorial
units or to higher
authority.
·
242 It t11e k1dnapp-1ng was perpetrated by Organized Crime Group/Cnm1nal Group
(OGG/CG) and with ransom demand, .1t shall be referred to the
AKG
for their
initial
action/operational response
243. If the
k1dnapp1ng was pe1·petrated by Threat Groups/Terrorists, it shall be referred
to the higher author:t 8S for the 2ct:vat1on of l \ F P ~ P N P
.
laint
T a s . ~
Force,
Critfca
Incident
Management
Committee CIMCJ
or
Critical
Incident
management
Task
Group (C/MTG);
local
Chief
Executive;
and
other
concerned
agencies.
244
l
the
k1dnapp1ng
was perpetrated by other 1nd1v1duals
1t
shall be referred
to
the
concerned
P P
territorial
units for
aoorooriate ooerational
resoonse.
245 lf the incident 1s of grave national importance with the 1mpl1cat1ons
to
national
security including those with serious d1plomat1c
poht1cal
and peace and
order
ram1f1cat1ons rt shall be referred to CIMTG - Cnt1cal Incident Task GrouQ
246 Rule 40 Whatever the reason. the transfer of respons1b1l1ty during cr1s1s musty
always include transfer of cornmand briefing which may be oral, written or a
comb1nat1on
of
both that should be attended by tile key members
of
CIMC/CIMTG
247 NDRRMC - National Disaster. Risk Reduction and Management Council
248
lt
1s true
that Mcln'-mad8
cr1t1cal
1nc1dents
are the
respons1b1J1t1es
of
the National
and Local Peace and Order Council (NPOC)
249. The PNP, being at the forefront of crisis s1tuat1ons must play an active role by
oroan1z1no its own Incident Manaaeriient Comm1ttee (IMC) true.
- - .
250 It
1
s false that t11e PNP CIMC acts indeµendently and not
111
support to
tile
NDRRMC and NPOC
251. TOCA is
the
Chairman of the PNP NHO Critical Incident Management Committee
ror-.io r-.11-1n
r11\11r\
\' .....
•'--
...
252
The
peace and order Council chair
1s the
Chairman
of
the Critical Incident
Manaqe1T1ent Committee false
253
Level 4
(Extremel is the alert level when
a m a n ~ m a d e
Cnt1cal Incident Has
JUSt
h
mp
rl
r 1n01rlnnh:• :>rn
nvr .or>tnr l
occurred or has JUS
~ e ~ : n
pre-e .
. e ~
.. , . ... ... ..
. _ ~ · . . ,
~ r - - ' ' - ' '
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254 There are stages of Disaster management
1
Pre-Dfsa5ter .S age - Pr0 .4t:: ive .455€55tnent (Le\'€ 1
-Green)
2
Disaster Response
Stage -
Disaster Incident management
Level 2 Red)
3. Post Disaster
Stage -
Support to
recovery
and Rehabilitation
Efforts
Level 3
Wl1ite)
255 Support and recovery effort are at the Pro-Active Assessment Level False
256
It
s
true
that n the conduct of man-made
cnt1cal
1nc1dent and disaster relief
operations, security and safety of personnel must always be considered
257-258 The respons1b1l1ty of addressing
crrs1s
can
be
transferred during an 1nc1dent ff
i t arows bevond the caoabiJitv
of
the establisl1ed C/MTG
in
handlina the arowina
needs of the incident or if.there
1
is jt1risdictional change, when
the
incident
moves
location
or
area of
e s p o n s i i l t ~
259 The transfer
of
respons1b l1ty during crisis must alvvays include
transfer
of
command
briefing which
mav
be
oral,
written
or a combination
of
both that
should
be
attended by
the
key members of
the
CMC C/MTG.
260 To attain a s1nooth
trans1t1on of
command respons1b1l1ty the Regional CMC takes
over
when the
situation
'requires employment of
security
forces and utilization of
resources
of
the Regional level organizations and
beyond; upon
the
, recommendat1on
of
the Provrncial CMC;
rncident
involves
foreign nationals,
either
perpetrators or viCtims; and crisis affects peace process.
national tourism
industry and other major industries.
261
The national CMC takes over when
incident affects two
or
more region; the
h i r o h o c f
forrnri f fhrof
looro l
; , . . . , , , . , / ,r inn Y11cc rc••lf,, Harks · n f inna / j c c11ac
' '°'
___
· · ·
__ [ • • • • _ _ _ -
at stake
such
as food, and communication
structure,
and environn1ent are
threatened;
and upon
recommendation of
the
regional
CMC.
RUL 41
262 Unit Head/Chief of Ground
Commander
- responsible to respond to queries
raised by the media during crisis
263 Ground Commander must designated/establish a media area for pooled
coverage and ensure safetv
of
all
media
personnel
covering
the
incident.
264 In case
of
inter-agency operations,
the department agency with
primary
jurisdiction will determine the d1ssem1nat1on of appropriate media lines
265 All
of
the above
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REVIEW QUESTIONS on PNP Ethical Doctrine
Multiple
Choices. Choose
the
best answer
from the given
facts.
1
PNP
members shall
seek
self-improvement through career development
and shall not directly or 1nd1rectly solicit
influence or
recommendation from pol1t1cians,
high ranking government officials prominent citizens, persons affiliated with c1v1c or
relrgious organizations with regards to their assignments. promotions, transfer or those
of the other members of the force
a. Social Awareness
b.
Secrecy Discipline
( ;.
[ ~ o n S o l i c i t a t i o n
of Patronage
d
Commitment to Democracy
2
PNP
members shall guard the conf1dent1al1ty of classified 1nformat1on
against unauthorized d1sc osure, including conf1dent1al aspects
of
official business,
special orders, communications and other documents.
2. Sec1ecy Discipline
b Proper Care and Use
of
Public Property
c. Respect for Human Rights
d. Non-Part1sansh1p
3
PNP members shall provide services to everyone without d1scriminat1on,
regardless of party
aff1 1at1on n
accordance with ex1st1ng laws and regulations
a Social Awareness
b Non-Partisans 1ip
c Non-Solicitation
of
Patronage
d. Commitment to Democracy
4
PNP members shall always uphold public interest
over
and above
personal interest.
a
Command Respons1bil1ty
b Loyalty
c D1sc1pl1ne
d. Commit1nent
t
Public Interest
5 PNP members shall perform their duties with ded1cat1on, thoroughness,
efficiency enthusiasm, determination. and manifest concern for public welfare, and shall
refrain from engaging
in
any
act1v1ty
which shall be conflict with their duties as public
servants
a Conservation of Natural Resources
b Obedience to Superiors
c. Devotion
to
Duty
d.
Physical Fitness and Health
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6.
PNP members shall adhere to high standards of morality and decency and
shall set good examples for others to follow.
b
c
d
- ' - r ' --
-
Jud1c1ous Use of Authority
Integrity
Justice
7 PNP members shall strive constantly to respect the rights of others so that
they can fulfill their duties and exercise their rights as human beings, parents, children,
citizens, workers, leaders, or n other capac1tres and to see to it that others do likewise.
a. Hum1l1ty
b Orderliness
c Integrity
d Justice
8
Once a decision is made, PNP members shall take legitimate means
to
achieve the goa even n the face of internal
or
external d1ff1culties and despite anything
which might weaken thelr resolve
in
the course of time
a Integrity
I;.
Perseverance
c.
Devotion to Duty
d Physical Fitness and Health
9 PNP members shall obey lawful orders of and be courteous to superior
officers and other appropriate authorities w1th1n the chain of command and they shall
readily accept whenever they are assigned anywhere
n
the country
a.
Conservation of Natural Resources
iJ Obedience to Superiors
c Devotion to Duty
d Physical Fitness and Health
O
Immediate Commanders/Directors shall be responsible for the effective
supervision. control and direction of their personnel and shall see to rt that all
government resources shall be managed, expended or utilized in accordance with laws
and regulations and safeguard against losses thru illegal or improper d1spos1tion
a. Command Responsibility
b.
Loyalty
c D1scipl1ne
d Commitment to Public Interest
Formulated by
PSSUPT
JEROME
SALE
BAXINELA
C UTPDD
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Reviewer on Criminal Justice System and RA 3019
The
Philippine Constitution divides the government into three equal co-ordinated
branches, namely, the legislative, Executive, and the
Jud1c1ary
1 )
The
government
s
d1vrded
into three equal co-ordinated branches namely.
a Congress, Senate, Supreme Court
b RTC, CA, Supreme Court
c Legislative, Executive and Judiciary
d Congress, President, DOJ
R None
of
the nhnvR
II
The
agency pnman y
n
charge
of
law enforcernent
s
the
Ph1hpp1nes
National Police
which s under the control
of
the President through the DILG
2 The agency primarily responsible for law enforcement n the Philippines
s
Ihe
a
Office of the President
b Department of Justice
n G
d. Philippine National Police
e.
Armed Forces of the Ph11ipp1nes
Ill
The
Five Pill3r.;;
of
r i 1 1 1 1 n ~ I ~ l u 5 t c e Systern
8rr::. the
law Pnforcernent, thP
prosecutron; the
JUd1c1ary;
correctional Institution. and Community,
3 The
Five Pillars
of
Criminal Justice system are
a prosecution, the Judiciary, correctional lnstltut1on, Community: and
Jaw
enforcement
b. Law Enforcement; the Prosecution;
the
Judiciary; Criminal
Institution;
and Community
c
the
Jud1c1ary
correctional
lnst1tut1on
Community; law enforcement, and the
Prosecution
d correctional
lnst1tut1on
Community, enforcement, the Prosecution and
Jud1c1ary
e Communrty,
Law
Enforcement, prosecution, 1ud1c1ary; and law enforcement
IV
Under the five Pillars, three falls under the Executive branch
of
the governmet,
namely the law enforcement, Prosecution and Correctional lnst1tut1on
4 ) Of the five Pillars, three falls under the executive branch of the government,
namely
rage
1 o
J
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a
Jud1c1ary
law enforcement and prosecution
b Correctional 1nstltut1on prosecution 8nd JUd1c1ary
c
l ~ w P.nforc.P.mP.nt proser:ution flnrl
C o r r P c t i o n ~ \ lnstit11tion
d Community law enforcement and JUd1cua1ry
e Prosecution Jud1c1ary and community
\ ThE> law enforcement pr0c-Ps.-=-
bea1ns
thf?
m m nt the
crime s rernrt1=1d
nr a
complaint s fried before the police
5 The law enforcement process begins the moment
a the suspect Is arrested
b a case has been filed against the arrested suspect
c the Police arrives at the crime scene
e.
the crime
is reported or
a
complaint is filed before
the
police
VI The
time limit for rendering Judgment
s
twenty four months for the Supreme Court
twelve months for lower Collegiate Courts three months for other lower courts.
6 The time limit for the supreme court to render judgment
s
a
24
months
b 12 months
c
9
months
d 6 months
e 3 months
7 The time l1m1t for Collegiate courts to render judgment s
a 24
months
b 12 months
c
9
months
d 6 months
e 3 months
8
The time limit for other lower courts to render Judgment
s
a 24 months
b
12
months
c
9
months
d 6
months
e 3 months
Vil Republic Act 3 19 s otherwise known as the Anti-Graft and Corrupt Practices Act
9 Republic Act
3 19 s
otherwise known as
Paec 2 ot 3
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a
Code of Conduct
and Ethical Standards for Public Off1c1als and
Employees
b. Anti Graft
and Corrupt
Practices
Act
c Anti-Plunder
Act
d Anti-sexual harassment
Act
VIII Under Section 14
of RA
3019 unsolicited gifts
or
presents
of
small
or 1ns1gn1f1cant
value
offered
or
given as a mere ordinary token
of
gratitude
or
friendship according
to
local
customs or
usaQe. shall be excepted from the
prov1s1ons
of
this
Act
10 Excepted from the
prov1s1on of
this
Act
are
a Birthday gifts
b Anniversary Gifts
c
Smaii
amounts
d.
unsolicited gifts or
presents
of
small
or insignificant
value offered
or
given as a mere ordinary
token of
gratitude
or friendship
according to local
customs
or
usage unsolicited gifts
or presents
of
small
or
insignificant value
offered or given
as a
mere
ordinary
token
of
gratitude or
friendship according
to local customs or
usage.
e
a b and c only
IX.
Under
Section
11
of RA
3019
All offenses punishable
under
this act shall prescribe
in fifteen
years
1 O
All offenses punishable under this
Act
shall prescribe
n
a 3 years
h s y e r ~
c. 10
years
d. 15 years
e Does
not
prescribe
Page
3 of 3
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Policy
and
Guidelines
on Grievance Mechanism for Uniformed PNP
Personnel
(NAPOLCOM Memo Circular No. 2008-0116 dated January 16, 2006)
SCOPE:
a) VVrongfuJ or non-1mplementat1on and/or v1olat1on of pol1c1es and
procedures
vvh1ch
affect PNP personnel from recru1t111ent and/or appointment t
promot1on, transfer. detai /des1gnation/ass1gnment/placement termination, d1srnissal.
and other related issues that affect them,
b)
Wrongful
or
non-1mplementat1on and/or
v1olat1on
of
pol1c1es
and
procedures on econo1n1c and financial issues and other terms and cond1t1ons of
employment fixed by lavv 1nclud1ng salaries, incentives, 1J.iork1ng hours, leave benefits,
and
other
related terms and cond1t1ons,
c) Physical working conditions· and
d) lnterpe1-sonal relat1onsh1ps and linkages
Grievance - an employee's exp1-essed (written or spoken) feelings
of
discontentment and
d1ssat1sfact1on on any or all of the rnatters or rssues enumerated
in
the scope.
Not subject
to
Grievance:
a 01sc1pl1na1-y L:ases \ vh1c..h shall
be
resolvi::d pursuant o
ti1e
Un1fonn Rules
on Ad1111n1strat1ve Cases,
b Complaints and official actrons on Head
of
Offices pertarn1ng to the
exercise of d1sc1pl1nary powers
under
RA 6975 where spec1f1c procedures for relief
through appeal are hereby provided,
c An objection to the terms or prov1s1ons of a policy, procedure, or rule and
regulation.
d Sexual harassment cases as provided for n RA 7877. and
e Anonymous grievance and/or complaints
Complaint - refers to grievance n writing which has
n
the first instance and
n
the
employee s
op1n1on
had been ignored overridden or dropped without
due
consideration
at the lowest level
of
office where the complainant s assigned and has been lodged or
elevated to the next level
of
office
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-
lnd1v1duaJ
or
Group
Complainant
GRIEVANCE RESOLUTION FLOW CHART
:
Peer - ~ - D l f e c i O r Highef
SupeN1sor
. D1reclo r H l g - h e r - - ~ - - r L e v B T H e a d
Of
: Supervisor
1
ffice
--1 stL.eVe1 H€8d
_Of
__
: 2
JT eve1or
Head_o_f
Off1ce/Gllevance Q Office
, Comrn1ttee 1
_
; Gnevance- in
Wntlng .
: Submitted to
- ~ 1 - s : LevelHead Of
f f i c e ~
· ; ; ~ ; v e f H e a c i o r
CSC Regional Office
PRINCIPLES AND POLICIES:
1 Complainant shall first discuss his problems vv1th his Immediate
Supervisor before considering the
f1f1ng o
a formal
written
complaint,
Complaint sha1/ b9 assured
freeclon1 fron1 c n · ~ r c : o n
a1scnrnir1a11on
harnssrne?11t or
1eprisar
3 Grievances shall be settled at the Court possible level o office,
4
Grievance proceeding
shall be
aimed
at determ1n1ng ·what 1s
right
and
not
who
is right .
5 The right to appeal shall not be curtailed.
6 Grievance and/or complaint concerning prornot1on shall be g1
1
1en
due
process However, the
par·ty
aggrieved may elect to proceed either under this
procedure
or
pursuant to any other applicable laws/regulations,
7 All proceedings shall be treated as confidential:
8 Grievance proceedings shall not be bound by formal legal rules and
techn1cal1t1es
9
The service
o
legal counsel for the parties shall not be allowed during the
heanng The Gnevance Committee however shall have a legal officer as member to
guide the chairman and the members
o
issues and procedures:
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o
In
no case shall
members of
the
PNP
ventilate the grievances
direct
to
any
foru1n outside
tl1e
PNP organ1zat1on. {conduct
unbecoming of
an officer)
Supervisors and or HO who refuse to take action on a grievance shall be
liable for neglect
of
duty
QUESTIONS ON
GRIEVANCE:
An employee's expressed (vvntten or spoken) feelings of discontentment
and d1ssat1sfactlon
on
any or
all
of the
n1atters
or issues like non-1mplementat1on of pol1c1es
and procedure on appointment or promotion
except
A Complaint
B Appeal
C. Grievance
D
Motion
E
None
of
the above
2 All
of
the following could be resolved througl1 the Grievance Machinery
A Interpersonal relat1onsh1ps
B. Sexual harassrnent cases
C r'hys:c;,:;,i
'/v'Orl-:1ng COl1di11011S
D
V1olat1on
of
pol1c1es
and procedures on recru1t1nent, appo1ntn1ent.
promoi1on or transfer
E
Wrongful or non-1mplementat1on and or v1olat1on of pol1c1es and
procedures on economic and financial issues
3 The
cornpla1nant thru the Grievance
Machinery
shall first discuss his
problems with the
A Direct
Supervisor or
Head
of
Office
at the lowest
level
of 9ffice
B Chief, PNP
C
Regional Director
D Media
E All
of
the above
4 Principles and Policies
of
the Grievance
Machinery
include the following
except
A Complainant shall first discuss his problems \/\Jllh his
1n1med1ate
supervisor;
8
All
proceedings shall be treated as conf1dent1al;
C Grievance proceeding shall be aimed at determining what ls right and
not vvho s right;
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0 Members of the PNP may ventilate their grievances directly t
any forum outside the PNP organization
E All of the above
5 If the complainant
s
not satisfied with the
dec s on of
the rd Level He2d
Of
Office during the last stage, the case shall be referred within fifteen 15) days to the
A
Barangay
B
CSC Regional Office
PLEB
D
RAB
E
SILG
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Questions
1
What s RA 8445 as amended by RA 1 631?
a
The
Animal Welfare
ct
of
1998
b
The
Animal Welfare
ct of
1997
c The Animal Welfare ct of
1996
d The Animal Welfare Act of
1996.
e None of the above
2
Under RA 8445 as amended by RA
10631
the killing of any animal other than cattle,
pigs, goats, sheep, poultry, rabbits, carabaos and horses
s
l1kew1se hereby unlawful
except
n
the following instances.
a When t s done as part of the rel1g1ous rituals of an established rellg1on or sect or
a ritual required by tribal or ethnic custom of 1nd1genous cultural commun1t1es,
b.
When
the pet animal is afflicted wlth an incurable communicable disease as
determined and certified by a duly licensed veterinarian,
c.
When
the kll 1ng
s
deemed necessary to put an end to the misery suffered by the
animal as determined and certified by a duly licensed veterinarian,
d. When
t
s done to prevent
an
imminent danger to the life or limb of a human
being,
e. All
of
the above
3.
Under RA
8445
as amended by R
10631
abandonment shall constitute an act of
maltreatment If t results to , the person liable shal\ suffer the maximum
penalty
a death of the animal,
b. sickness of the animal,
c.
happiness of the animal,
d longings of the animal;
e none
of
the above
4
Under RA 8445 as amended by RA
10631
the penalty of two years and one day io
three years and/or a fine not exceeding Php200,000
00
shall
be
imposed if the offense
s
committed by any of the following
a a syndicate,
b an offender who makes business out of cruelty to
an
animal,
c. a public off icer or employee,
d where at least three animals are Involved,
e. all of the above
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Salient
Features
of
RA 8445
as amended
by RA 10631
On October 3 2014, Republic Act (RA) 10631
was
signed into
law
by Pres
Benigno S
Aquino
Ill which amends RA 8445 othervv1se known as The Animal
Welfare
Act
of 1998 The purpose of RA 10631 s to protect and promote the welfare of
all terrestrial, aquatic and marine animals
n
the
Philippines.
How to protect and promote the welfare
of
these animals?
These animals are protected and their welfare are promoted
by superv1s1ng
and
regulating the establishment and operations of all
fac1l1t1es
ut1l1zed for breeding,
marnta1n1ng, keeping. treating or tra1n1ng of all animals erther as objects of trade or as
household pets Please take note that pets do include birds
What s the def1n1t1on of animal welfare?
nimal elfare pertains to the physical and psychological well being of
animals. It includes, but not limited to, the avoidance
of
abuse, maltreatment, cruelty
and exploitation of animals by humans by rna1nta1n1ng appropriate standards of
accommodation, feeding and general care, the prevention and treatment
of
disease and
the
assurance
of
freedom from fear, distress, harassment, and unnecessary discomfort
and pain, and allowing animals to express normal behavior
Proh1b1ted
Acts under RA 1 631as1t amended Seclion 6
of
R 8485'
It shall
be UNLAWFUL
for any person to
torture any animal;
2 neglect to provide adequate care,
3 neglect to provide sustenance of care,
4 maltreat
any
animal,
5 subject any dog or horse to dogfights or horsef1ghts,
6 kill or cause or procure to be tortured,
7 deprived of adequate care, sustenance or shelter,
B maltreat or use the same In research or experiments not expressly authorized
by
the
Committee on Animal Welfare.
The k1ll1ng of any animal other than cattle, pigs, goats. sheep, poultry, rabbits.
carabaos and horses
s l1kew1se
hereby unlawful except n the following instances
(1) When t is done as part of the religious rituals of an established rel1g1on or
sect or a ritual required by tribal or ethnic custom of indigenous cultural
communities, however, leaders shall keep records
rn
cooperation with the
Committee
on
Animal Welfare;
(2) When
the
pet animal s afflicted with an incurable communicable disease as
determined and
cert1f1ed
by a duly licensed vetennanan,
(3) When the killing is deemed necessary to put an end to the misery suffered by
the animal as determined and cert1f1ed by a duly licensed vetennanan,
(4)
When
t s done to prevent an imminent danger to the life or limb
of
a human
being,
(5) When done for the purpose of animal population control,
(6) When the animal
s
killed after t has been used
n
authorized research or
experiments, and
(7) Any other ground analogous to the foregoing as determined and cert1f1ed
licensed veterinarian
As provided n the additional section in the amending law, t s
also UNL WFUL for any person who has custody of an animal to abandon the animal.
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What s
an abandonment?
bandonment
- means the relinquishment of all rights title claim or possession
of
the animal with the
1ntent1on
of
not reclaiming
it
or
resuming
its ownership or
possession
bandonment shall constitute an act of maltreatment If t results to death
of
the
animal the person
1able
shall suffer the maximum penalty
PEN L
TIES for animal cruelty maltreatment or neglect
1
Imprisonment of
one year and six months and one day to two years and or a fine not
exceeding
One
Hundred Thousand Pesos if the animal sub1ected to cruelty
maltreatment or neglect DIES;
2 Imprisonment
of
one year and one day to one year and six months and/or a fine not
exceeding Fifty Thousand Pesos f the animal subjected to cruelty maltreatment
or
neglect survives but s SEVERELY INJURED WITH LOSS OF ITS FACULTY
TO
SURVIVE ON ITS OWN AND NEEDING
HUMAN
INTERVENTION TO SUSTAIN ITS
LIFE; and
3 lmpnsonment of six months to one year and/or a fine not exceeding Thirty Thousand
Pesos for subjecting any animal to cruelty maltreatment or neglect but without causing
its death or 1ncapacitat1ng it to survive
on
its own
lf
the violation is committed by a Juridical person the officer responsible thereof
shall serve Imprisonment If
t s
committed by an alien he or she shall be immediately
deported after the service of sentence without any further proceeding
The penalty of two years and one day
to
three years and/or a fine not
exceeding
Two
Hundred Thousand Pesos shall be imposed
f
the offense
s
committed by any
of
the following:
a syndicate;
2.
an offender
who
makes business out of cruelty to
an
animal
3 a public officer or employee or
4 where at least three animals are involved
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Questions
1. The Implementing Rules and Regulations (DENR Admin1strat1ve Order No.96-40) of
the
Ph1hpp1ne
M1n1ng Act
o
1995 provides stnct adherence to
This strategy mandates that the needs
o
the present should be met without
compromising the ability
o
the future generations to meet their own needs, with the
view
o
1mprov1ng the quality
o
life, both now and n the future
a the pnnc1ple
o
sustainable development.
b the pnnc1ple
o
sustainable farming,
c the principle
o
sustainable agriculture;
d.
the principle
o
sustainable family;
e none o the above.
2 The RA 794 otherwise known as
a. The Philippine Mining Act of
1995;
b.
The Philippine Mining Act of
1996;
c The Ph1l1ppme Mining Act
o
997;
d. The Philippine Mining Act of
1998,
e.
None
o
the above
3.
s an agreement where the Government and the Contractor
organize a Joint venture company with both parties having equity shares Aside from
earnings in equity. the Government shall be entitled to a share n the gross output
a Mineral Production Sharing Agreement,
b Mineral Agreement:
c Joint Venture Agreement,
d Co-Product on Agreement;
e None
o
the above.
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ORGANIZATIONAL
IMPLEMENTATION
The
Mining Act reverts back the Mines and Geosc1ences Bureau (MGB) from a
Staff to a Line Bureau Under this arrangement, the MGB Central Office has now the
administrative unsd ct on and responsib1l1ty over its regional offices
The
Line Bureau
structure
was
contemplated to ensure organ1zat1onal eff c ency and
flex b lity
in
managing limited resources and technical expertise
The
authont es/respons1b1l1ties
of
the MGB are as follows
• Management and adm n strat on
of
mineral lands and resources,
nclud ng
the
granting of m n ng permits and mineral agreements,
• Enforcement and mon1tonng of Environmental Work Programs (EWP) and
Environmental Protection and Enhancement Program (EPEP),
Establishment and operat onal zat on
of
the Contingent
L ab ity
and
Rehab l tat on Fund (CLRF), as well as the mandatory Final Mine Rehab l tat on and
Decomm1ss1on1ng Plan;
• Cancel
m n ng
app 1catlons and
m n ng
rights v olat ng the
prov s ons of
the
M n ng
Act, rts 1mp ement1ng rules and regulations, and/or the terms and conditions
of
a
mtn ng perm1t/contracVagreement,
• For the Regional Directors to impose Cease-and-Desist Orders (CDO),
• To deputize the PNP, LGUs, NGOs and other responsible entities to police
m n ng
activities,
• To assist the Environmental Management Bureau (EMB)/OENR Regional
Offices
n
process1ng/evaluat1on/conduct
of
EIA
n
m n ng projects,
•
To
manage and
adm n ster
Mineral Reservation area (Note Mineral
Reservations, under the New Act, include offshore marine
areas)
ROLE OF LOCAL GOVERNMENTS
The IRR highlights the role
of
local government units (LGUs)
n
mining projects,
both as benef1c1aries and as active participants
n
mineral resources management,
n
consonance with the Constitution and govern1nent policies on local autonomy and
empowerment As such, the M n ng Act provides the fo low1ng
•
In
consonance with the Local Government Code
of
992 (LGC), LGUs have a
share of forty percent (40%) of the gross collection derived by the National
Government from
m n ng
taxes, royalties and other such taxes, fees or charges
from
m n ng
operations in add t on to tl e occupat1onal fees 30o/o to the Province
and
70°/o
to the Munic pal t es concerned);
• In consonance with the LGC and the People Small-Scale Mining Act RA 7076),
the LG Us shall be responsible for the issuance
of
permits for small-scale
m n ng
and quarrying operations, through the Provincial/City
M n ng
Regulatory Boards
(PMRBs/CMRBs);
•
To
actively participate
n
the process by which the communities shall reach an
informed decision on the social acceptability
of
a m n ng project as a requirement
for securing an Environmental Compliance Cert f cate (ECG),
•
To
ensure that relevant laws on
puhl c
notices, consultations and public
participation are complied with;
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• To part1c1pate in the mon1tonng
of
m1n1ng act1v1t1es as a member
of
the
Mult1partite Monitoring Team, as well as n the Mine Rehab1l1tat1on Fund
Committee,
•
To
act as mediator between the Indigenous Cultural Communities ICCs) and
the mining contractor as may be requested/necessary,
• To be
the
recipients
of
social infrastructures and community development
projects for the utilization and benefit of the host and neighboring commun1t1es,
and
· o coordinate with and assist the DENR and the MGB n the 1mplementat1on of
the Mining ct and the IRR
RE S CLOSED
TO THE
MINING APPLICATION
Pursuant to the Mining Act
of
1995 and n consonance with State po 1cres and
ex1st1ng
laws, areas may either be closed to mining operations, or cond1t1onally opened,
as follows
reas CLOSED to mining applications:
· reas covered by valid and existing mining rights and appllcat1ons;
• Old growth or v1rg1n forests, mossy forests, national parks, prov1ncial/mun1c1pal
forests, tree parks, greenbelts, game refuge, bird sanctuaries and areas
proclaimed as marine reserve/manne parks and sanctuaries and areas
proclaimed as marine reserve/marine parks and tourist zones as defined by law
and 1dent1f1ed
n t al
components
of
the NIPAS, and such areas as expressly
prohibited thereunder, as well as under DENR Adm1nlstrat1ve Order No 25, s
1992, and other laws;
• reas
which the Secretary may exclude based, inter al1a,
or
proper assessment
of
their environmental Impacts and 1mpl1cat1ons on sustainable land uses, s u ~
as
built-up areas and critical watershed with appropriate
barangay/mun1c1pal/prov1ncial Sanggunian ordinances spec1fy1ng therein the
location and specific boundaries
of
the concerned area, and
· reas expressly proh1b1ted by law
The following areas may be opened for
m1n1ng
operations, the approval of which
are subject to the following conditions·
• Military and other government reservations, upon prior written consent by the
government
agency having 1unsd1ct1on over such areas,
• Areas near or under public or private buildings, cemeteries, and archaeological
and historic sites, bndges. highways, waterways, railroads, reservoirs, dams and
other infrastructure projects, public or private works,
1nclud1ng
plantations or
valuable crops, upon written consent
of
the concerned government agency or
private entity, subject to technical evaluation and validation by
the
MGB,
• reas covered by FTAA appl1cat1ons, which shall be opened, for quarry
resources upon written consent
of
the FTAA applicants/contractors However,
m1n1ng
appl1cat1ons for sand and gravel shall require no such consent,
• DENR Project areas upon prior consent from the concerned agency
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ANCESTRAL LANDS AND
ICC
AREAS
The
M1n1ng
Act fully recognizes the rights of the Indigenous Peoples
(IPs)/lnd1genous Cultural Communities (ICCs) and respect their ancestral lands Thus,
in
accordance
with DENR Adm1n1strat1ve Order No
2
and consistent with the
new
Indigenous Peoples Rights Act (IPRA), the following shall be observed·
•No
mineral agreements,
FTAA
and
mining
permits shall be granted
n
ancestral
lands/domains except with prior informed consent 1n a) CADC/CLC areas, and
b)
areas
verified
by
the DENR Regional Office and/or appropriate offices as
actually occupied by Indigenous Cultural Commun1t1es under a clarm of time
1mmemoria possession,
•
Where
written consent s granted by the lCCs, a royalty payment shall be
negotiated which shall not be less than 1
of
the Gross Output
of
the
m1n1ng
operations
n
the
area
This Royalty shall form part of a Trust Fund for socio
economic
well being of the JCCs in accordance with the management plan
formulated by the ICCs in
the
CADC/CALC area (In a large-scale mining
operation the 1
0
o Royalty could easily run into several tens of million pesos per
year)
• Representation
n
the Mu t1-part1te Monitoring Committee,
SOCIAL
AND
COMMUNITY
DEVELOPMENT
AND RESEARCH AND DEVELOPMENT
The M1n1ng contractors/operators shall allocate a
m1n1mum
of 1o o of their direct
m1n1ng
and
m1ll1ng
costs
for
the following
•
Development
of the host and neighboring communities and
mine
camp,
1ncludtng
the construction and maintenance of social infrastructures to promote
the general welfare of the 1nhab1tants
n
the area Such infrastructures include
roads and bridges, school buildings, churches, recreational fac1lit1es housing
fac1l1tles
water and
power
supplies,
etc
• For the development of mining technology and geosc1ences, particularly thosl?
related to improved effic1enc1es and environmental protection and rehab1 1tatron,
The
m1n1ng
contracts
under
the regimes of
MPSA
and
FTAA
also provide for the
mandatory
F1l1p1n1zat1on
program, technology transfer, and the training and priority
employment
of local residents These contracts further mandate that m1n1ng operations
shall max1m1ze the
utrl1zat1on of
local goods and services, the creation of self-susta1n1ng
generating
act1v1t1es
and skills-development
ENVIRONMENTAL
AND
SAFETY CONCERNS
A s1gnif1cant fenture of the M1n1ng Act of 1985 and its RR
s
the premium given to
environmental
protection Stringent measures were 1nstitut1onalized to
ensure
the
compliance
of
m1n1ng
contractors/operators to 1nternat1onally accepted standards of
environmental management.
ON
SOCIAL ACCEPTABILITY
Mrnrng contractors/operators shall allocate a
m1n1mum of 1° o of
their
direct
m1n1ng
and
m1ll1ng
costs
for
the
development of
the following
•
Host
and neighboring commun1t1es and mine camp to
promote
the general
welfare of inhabitants n the area. This includes construction and maintenance of
rnfrastructureS such as roads and bridges, school bu1ld1ngs housing and
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MINING PERMITS GRANTED TO QUALIFIED PERSONS
The following are the types of mrning permits granted under the M1n1ng ct of
1995 and its IRR·
Exploration
Permit -
these
permrts
are issued
to
qualified
1ndivrduals
or
local and
foreign corporations granting them to undertake purely mineral exploration act1v1t1es
Has a term of two (2) years renewable for like tern1s but not to exceed a total ter1n of six
(6) years for non-metal 1c minerals and eight (8) years for metalHc minerals The
Perm1ttee may eventua ly apply for Mineral Agreement or FTAA. subject to maximum
areas
l1m1tat1ons
The maximum areas allowed per qualified person under an
Exploration Permit are 1,620 hectares n any one province or 3,240 hectares n the
entire country for an 1nd1v1dual and 16, 200 hectares n any one province
or
32,400
hectares
n
the entire country for a corporation, association, cooperative or partnership
Mineral Agreement - are granted to
1nd1v1duals
or local corporations giving them
the right to explore, develop and
ut1l1ze
the minerals within the contract area. There are
three modes of Mineral Agreements namely
Mineral Production Sharing Agreement (MPSA) - an agreement wherein the
Government grants to the contractor the exclusive right to conduct m1n1ng operations
within, but not title over, the contract area and shares n the production whether n kind
or n value as the owner of the minerals therein The Contractor shall provide the
necessary f1nanc1ng technology, management and personnel;
Co-Production Agreement (CA) - an agreement between the Government and
the Contractor wherein the Government shall provide Inputs to the
m1n1ng
operations
other than the mineral resources, and
Joint Venture Agreement (JVA) - an agreement where the Government and the
Contractor organize a joint venture company with both parties having equity shares
Aside from earnings n equity, the Government shall be entitled to a share in the gross
output
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REVIEW
MATERIAL FOR NAPOLCOM PROMOTIONAL EXAMINATION
PGS
1 The PNP
Integrated Transformation Progratn-lmplemented
by the PNP as its
transformation
Strategy prior to the initiation of PGS.
The PNP ITP has evolved into an updated version y the 1ntroduct1on of the
PGS as a management tool wh1cl1 provides a tracking mechanism to
determine ho\·V far
s
the
PNP
from its v1s1on and
s
t on the rrght track
2. The PNP ITP-PGS aims to address the following:
a To resolve organrzat1onal dysfunction
b To
strengtt1en
law enforcement capabil1t1es
c To improve the quality
of
police Service
3
The National Governrnent Agencies that belong to the MCC
6
that are
required to undergo the Performance Governance System:
a Department of Health (DOH)
b Department
of
Public Works and Highways (DPWH)
c Department of Education IDepEd)
d Department
of
Finance (DOF)
e Department of Transportation and Commun1cat1on (OOTC)
f
Phll1pp1ne
National Pol1ce(PNP)
4
The
PNP
was
chosen to
Institutionalize
the PGS because of the following
reason:
a The PNP has a regular contact with tt1e people
b
It
was already pursuing its own transformation program
c It was deemed ready to participate
n
good governance
5 The
PNP Mission
Imploring the aid
of
the Almighty, by 2030, we shall be a highly capable,
effective
and
credible
police service, working
in
partnership
with a
responsive
community towards the attainment of a s a f ~ r place to live, work and do
business
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6 The PNP
Vision
To
Enforce the law prevent and control crimes, ma1nta1n peace and order,
ensure public safety and
internal
security
with
the
active
support
of the
community'
To ensure that the PNP
V1s1on
will be
attained
the
following
key management
process should be integrated
a Performance Appraisal
b Budget and Planning
c Rewards and Punishment
7 The CODE P (Strategic Focus) stands for
C-Competence
O-Organizat1onal Development
D-Disc1pl1ne
E-Exce lence
P-Profess1onal1sm
It serves as the BLUEPRINT towards the
real1zat1on
of the PNP Patrol Plan
2 3
8. OBJECTIVES of
Strategic Focus Competence
6 Intensify Policy Reform
7 Review
and
Pursue
leg1s at1ve
agenda
8 Improve the Field Training Progra1n (FTP) with emphasis on Field Tra1n.1ng
Exerc1se(Patrol Traff ic and First Responder)
9 Standardize Spec1al1zed Courses for Operational Support Staff/Units/teams
1 Improvement
of ex1st1ng
NUP courses and development
of
competency
courses
for
NUP
11 Enhance operational procedures and practice
9 The acronym P.A.T.R.0.L.
stands
for
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- , , · . > T - • ~ j 3
"Peace and
Orcer Agenda
for Transformation and upholding of the Rule-Of- Law
10.
The
following are the sequentia stages of the Performance Governance
System (PGS)
a ln1t1at1 11
Srage
b Con1pl1ance Stage
c
Prof1c1ency
Stage and
d lnst1tut1onal1zat1on
Stage
11. The
four
(4) Strategic Perspectives
of
the PNP Strategy Map PATROL Plan
2030
a
Resource f ~ a n a g e m e n t
b Learning and
Growth
c Process Excellence and
d
Community
12 The Main Tasks
or Respons1b1l1t1es
of the PNP
a Crime Preventron
b Cn111e Solution
13 The
Balanced
Scorecard
- I t's a n1anagement
system that
enables
our
organ1zat1on,
which
s
rhe PN
P to
set, track and achieve its key strategies and ob1ect1ves
A management and measuring that 1s globally recognized and adopted by the
PNP to raise the standard
of
Governenc2.
14. The PNP Units /Offices that need to Jndergo Operational Review of
Dashboard to
be undertaken every rJ onth.
a PPO's
b CPO"s
c CPS
d MPS
e Police Stations
f lnd1v1duals
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GENERAL INFORMATION
LAWS)
Multip le Choice Please read carefully and select the required
answer
1 Under the 1987
Const1tut1on,
the state shall
ma1nta1n
multiple police forces
c two police forces
b one police force
d three police forces
2
The
police force shall
be
n scope·
a Regronal c
1nternat1onal
b National d local
3
The
police force shall be n character.
a.
m1 1tary
c m1lltarist1c
b
c1vil1an
d civilized
4 The fol ow1ng have d1sc1pl1nary authority over the police, except
a Local
Chief
Executives
c PLEB
b Mayors d Chief of Police
establish
5 The manning levels of the PNP rs one policeman for every
a 5 persons c 25 persons
b 800 persons
d.
1500 persons
6
In order to be qual1f1ed for appointment to the PNP, an applicant
have
a
Baccalaureate degree c High School Diploma
b
at least second year college or
d
Tesda Certification
equivalent
of
72 collegiate units
7
The PNP is
under
what department
a.
DND
c
NAPOLCOM
b DOJ d
DILG
8
The PNP
s
administered and controlled by
a SILG c NAPOLCOM
b
DILG d DOJ
9 The compulsory retirement age for a un1forrned member of the P P s
a 65 c
b 6 d
and
must
1O Attrition by non-promot1on applies to those who were not promoted for a period
of
1 years
b 5 years
c
15
years
d 20 years
11 NAPOLCOM IS of the DILG
a an attached agency
c.
under the supervision
b a collegial body d under the control
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12 The following are descript ive of the NAPOLCOM, except·
a a Collegial body c administers and controls the PNP
b an attached
agency
to the DILG d under the direct control of the
DILG
13 Under R A No 9708, the pendency
of
an adm1n1strat1ve case
1
s
a a
bar
for promotion c not a bar for promotron
b a bar for promotion if pending d not a bar for promotion
f
for less than two years pending for more than two years
14 PLEB has JLinsdrctron over PNP personnel assigned n
a NSUs c NHO
b PROs d city
or mun1c1pal
police station
15. Optional retirement requires a m1n1mum length of service
of
a 1 years c 25 years
b
2
years
d 3
years
16 The Dec1s1ons rendered by the following are appealable to RAB, except
a
Mayors c PLER
b RD d CPNP
17 Under the 1987 Ph11ipp1ne Const1tut1011, the state shall establish and
ma1nta1n
multiple police forces. which shall be national n scope and c1vll1an n
character
b one police force, which shall be national n scope and c1v1llan n character
c
one
police force, which shall be regional in scope and
c1vll1an n
character
d one police force. which shall be national n scope and military n character
18 This law is also known as the DILG Act of
199
a RA 8551 c RA 6975
b RA 97 8 d RA
9165
19 This law s also known
Reorgan1za.t1on Act
of
1998
a
R
8551
b RA
97 8
as the Phil1pp1ne National Police Reform and
c RA 6975
d RA
9165
2 This s the Act Extending for Five 51 Years the Reglementary Period
for
Complying with the M1n1rrium Educational Ot1al1fication for Appointment to the
Ph1l1pp1ne National Police PNP) and Ad1usting the Promotion System Thereof,
Amending for the Purpose Pertinent Provisions of Republic Act No
6975
and
Republic Act No
8551
and for other purposes
a RA 8551 c RA 6975
b RA 97 8 d RA 9165
-
8/16/2019 Napolcom Reviewer eBook 2015
36/115
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\ l EST -\BLISII I \( ; TH L PIIII.1 PPl'\E i'i. \T Ol'iAL POLICE ll'I
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