POSITION PAPER FOR THE PHILIPPINE PUBLIC SAFETY COLLEGE

ON THE PROPOSED MEASURES (HOUSE BILL NOS. 2199, 2200 and 2518)

INTRODUCTION

House Bill Nos. 2199 and 2518 include as a component of the Philippine National Police Modernization Program the training and human resource development function which will impliedly repeal Sections 66-68 of Republic Act No. 6975, otherwise known as the “Department of the Interior and Local Government Act of 1990” mandating the Philippine Public Safety College as “the premier educational institution for the training, human resource development and continuing education of all personnel of the PNP, Fire and Jail Bureaus”. (These measures are similar to Senate Bill No. 360)

House Bill No. 2200, on the other hand, proposes the transfer of administrative supervision and operational control over the Philippine National Police Academy (PNPA), Police National Training Institute (PNTI) and National Police College (NPC) from the Philippine Public Safety College to the Philippine National Police. (This measure is similar to Senate Bill Nos. 131 and 917)

In the Explanatory Note of House Bill No. 2200, the measure was based on the following assertions:

That almost all countries with successful human resource development programs are adopting the best practice of organizing their police academies and training schools directly under the head of police forces/organizations;

The current set-up is ineffective and inefficient; and

The PPSC lacks accountability as to the quality of performance of police officers who graduated from its training schools;

However, the Explanatory Notes for House Bill Nos. 2199 and 2518 do not provide for any basis to repeal Sections 66-68 of Republic Act No. 6975 in connection with the proposed measure to remove from the Philippine Public Safety College the training, human resource development and continuing education of all personnel of the Philippine National Police as part of the PNP modernization program.

Moreover, these particular bills violate the Constitutional requirement that “every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof” which has always been given a practical rather than a technical construction. The requirement is satisfied if the title is comprehensive enough to include

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subjects related to the general purpose which the statute seeks to achieve. While it is conceded that the title of a proposed law does not have to be an index of its contents and will suffice if the matters embodied in the text are relevant to each other and may be inferred from the title, a careful perusal of the provisions1 of House Bill Nos. 2199 and 2158 will reveal that there is an attempt to transfer the training mandate of the Philippine Public Safety College to the Philippine National Police. As such, this representation respectfully manifests that the provisions of these bills be reconsidered as the titles of House Bill Nos. 2199 and 2518 neither declare them to amend Sections 66-68 of Republic Act No. 6975 nor explain the precise reason for such amendment.

While this representation concedes that the training, human resource development and continuing education of all PNP personnel are integral part of the PNP modernization program, it is the position of the Philippine Public Safety College that the transfer of its training mandate, as far as the police uniformed personnel are concerned, to the Philippine National Police is not germane to the subject matter of the proposed measure for the modernization of the Philippine National Police.

The noble intention of the PNP modernization program may be accomplished without disturbing the present set-up as envisioned by the authors of Republic Act No. 6975 “to establish a separate training unit separate from the PNP proper so that the police personnel, police units, can attend to their task of law enforcement and maintenance of public order and safety”.

BACKGROUND OF POLICE TRAINING IN THE PHILIPPINES

Historically, the police function in the Philippines was discharged by the Philippine Constabulary as a gendarmerie-type police force of the Philippines established in 1901 by the United States-appointed administrative authority to replace the Spanish Guardia Civil. Under Commonwealth Act No. 1 otherwise known as "The National Defense Act of 1935", the Philippine Constabulary then became a service command of the Armed Forces of the Philippines.

1 Sec. 2. Declaration of Policy. xxxxxx the trust (sic) of which shall be:(c) The adoption/implementation of reforms in the recruitment, training, employment and general management and development of PNP personnel;

Sec. 4. Components of the PNP Modernization Program. xxx(2) Human Resource Development – This component of the PNP modernization program pertains to the professionalization of its human resources, the transformation of its personnel into a professional, effective and credible police force with high sense and regard for human rights. Accordingly, this program shall strengthen and enhance the following concerns:a. The investigative and operational capability of its personnel;b. The civil service consciousness and respect for the rule of law of the personnel; andc. The transformation of the PNP into a human-rights based and community oriented police

force.

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Significant efforts were exerted by the government for the professionalization of the police force and this was first achieved upon the enactment of Republic Act 4864 on September 6, 1966, known as the “Police Act of 1966”. This law provided for the establishment of the Police Commission. The pertinent provision of this law reads:

REPUBLIC ACT NO. 4864 August 8, 1966

AN ACT CREATING THE POLICE COMMISSION, AMENDING AND REVISING THE LAWS RELATIVE TO THE LOCAL POLICE SYSTEM,

AND FOR OTHER PURPOSES

Sec. 2. Purposes. It is hereby declared to be the policy and purpose of this Act to achieve and attain a higher degree of efficiency in the organization, administration, and operation of local police agencies 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.

Sec. 3. xxxNo person shall be appointed chairman or member of the Commission unless he is a member of the Philippine Bar and has experience in police work for at least ten years, or a holder of a bachelor's degree in police administration or criminology and has experience in police work for at least ten years.

Sec. 4. Power and Duties of the Commission. The Commission shall have the following powers and duties:(a) XXX(i) To organize and develop police training programs and to operate police academies;

However, under this set-up, training was limited only to police service personnel, thus, the government opted to integrate all city and municipal police, fire and jail services into a unified organization.

A series of police integration laws culminated on August 8, 1975 in the promulgation of Presidential Decree (PD) 765 constituting the Integrated National Police. It provided for the integration of all city and municipal police and fire departments and jails into the Integrated National Police (INP). These integrated forces were placed under the operational control of the Philippine Constabulary as the nucleus and under the Department of National Defense.

PRESIDENTIAL DECREE No. 765, August 8, 1975PROVIDING FOR THE CONSTITUTION OF THE INTEGRATED

NATIONAL POLICE AND FOR OTHER PURPOSES

Section 2. Jurisdiction of the Integrated National Police. xxx It shall have the power to prevent crimes, effect and arrest of criminal offenders and provide for their detention and rehabilitation, take necessary measures to prevent and control fires, …

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Section 9. Transfer of Administrative Supervision and Control. xxx Provided, That the powers and functions of the National Police Commission in the training of policemen, … shall be transferred to the Integrated National Police, … Provided, further, That the present powers and functions of the National Police Commission… shall extend to the firemen and jail guards; Provided, finally, That all the present powers and functions of the National Police Commission over local police agencies shall extend to the police, fire and jail components of the Integrated Police, unless otherwise provided herein.

Section 10. Jurisdiction of the Hearing Officers, Adjudication Boards, and Special Appellate Committee of the National Police Commission. The jurisdiction of the Hearing Officers of the National Police Commission to investigate administrative complaints against members of the police force … shall likewise embrace firemen and jail guards.

Thus, the police, fire and jail services were unified into a single organization and the responsibility of training INP personnel was transferred from the National Police Commission on July 1, 1976 to the Integrated National Police Training Command including the 13 regional training centers throughout the country as mandated by Presidential Decree No. 765.

Evidently, the reason for the transfer of the training mandate from the National Police Commission to the Integrated National Police is due to the lack of capacity of the National Police Commission to address the training needs of the Fire and Jail Bureaus. This can be gleaned from the provisions of PD No. 765 expressly retaining all the powers of the National Police Commission over the members of the police force and even extending the same powers over the firemen and jail guards.

On August 26, 1977, Presidential Decree No. 1184 otherwise known as the “Integrated National Police Personnel Professionalization Law of 1977” was promulgated for the creation of the Philippine National Police Academy (PNPA).

Section 19 of said decree provided that “there shall be established in the Integrated National Police a premiere police service training institution to be known as the Philippine National Police Academy for the education and training of the members of the Integrated National Police.”

On January 15, 1981, less than three years after its establishment, the Academy was granted its Academic Charter through the promulgation of Presidential Decree 1780, otherwise known as the “The Philippine National Police Academy Charter of 1981.” This decree elevated the Academy to the status as the premiere educational and training institution of the country’s national police force.

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With the advent of the 1987 Philippine Constitution, Republic Act No. 6975 otherwise known as the “Department of the Interior and Local Government Act of 1990” was enacted to realize the aspiration of the People that “The State shall establish and maintain one police force, which shall be national in scope and civilian in character”. Under this law, the Philippine National Police, the Fire and Jail Bureaus and the Philippine Public Safety College (PPSC) were created as separate and distinct bureaus under the Interior Sector of the DILG. The Philippine National Police Academy (PNPA) then became a primary component of the Philippine Public Safety College (PPSC), the institution mandated as the premier institution for the training, human resource development and continuing education of all police, fire and jail personnel.

REPUBLIC ACT NO. 6975

CHAPTER VIThe Philippine Public Safety College

SECTION 66. Creation of the Philippine Public Safety College. — There is hereby created the Philippine Public Safety College (PPSC), which shall be the premier educational institution for the training, human resource development and continuing education of all personnel of the PNP, Fire and Jail Bureaus.Said College shall be under the direct supervision of a Board of Trustees composed of the Secretary and the three (3) bureau heads.

SECTION 67. Composition, Powers and Functions. — The College shall consist of the present Philippine National Police Academy (PNPA) established pursuant to Section 13 of Presidential Decree No. 1184, the Fire Service Training Center, the Philippine National Training Center (PNTC), the National Police College, and other special training centers as may be created by the Department, whose functions shall be as follows:

(a) Formulate and implement training programs for the personnel of the Department;(b) Establish and maintain adequate physical training facilities;(c) Develop and implement research and development to support educational training programs; (d) Conduct an assessment of the training needs of all its clientele; and(e) Perform such other related functions as may be prescribed by the Secretary.

SECTION 68. Organization. — The structure and staffing pattern of the College shall be prescribed by the Secretary.

Clearly, the Philippine Public Safety College was created and envisioned to be the premier educational institution for the training, human resource development and continuing education of all personnel of the PNP, Fire and Jail Bureaus. The primary intention of the law creating the Philippine Public Safety College is readily apparent upon perusal of the journals of the

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8th Congress of the Philippines, where the Honorable Representative of the First District of Cotabato, Rodrigo B. Gutang discussed in this wise:

“At the present time, the training system of the PC/INP is managed by the PC and INP. This has been going on since it has been integrated in 1976. However, Mr. Speaker, the system has been found defective in the sense that No, 1., the PC and the INP had the habit of detailing officers and men to the schools for the sake of getting them out of their way in the field. In short, Mr. Speaker, not all staff of the training center of the PC/INP are the best qualified to handle the training of the PC/INP. Therefore, the result is that we are wanting in the quality of training as far as professionalism is concerned. The concept of this bill is to establish a separate training unit separate from the PNP proper so that the police personnel, police units, can attend to their task of law enforcement and maintenance of public order and safety. Also, if the training is given to a special unit and not to the operational unit of the PNP, it would not disrupt or change the national police population ratio of 1 to 500 population. In any case, Mr. Speaker, the qualifications for the head and staff of the training center is such that it would give the right quality of education to our Philippine National Police.

xxxIn other words, Mr. Speaker, the education and training

center of the new Philippine National Police shall be separate from the NAPOLCOM and from the Philippine National Police proper. It shall be run just like probably, a university or a college wherein you have the head of the college or the university that is being supervised or given staff supervision by the National Police Commission.

In January 14, 1992, then Secretary of the Department of Interior and Local Government Cesar N. Sarino approved the Rules and Regulations Implementing the Department of the Interior and Local Government Act of 1990. The pertinent portions of which read as follows:

RULE X

Sec. 68. Creation of the Philippine Public Safety College (PPSC). – There is hereby created a Philippine Public Safety College (PPSC) which shall be the premier educational institution for training, human resource development and continuing education of all personnel of the PNP, Fire and Jail Bureaus. It shall have an organizational structure and staffing pattern that is non-uniformed in character.

Sec. 69. Board of Trustees. – A Board of Trustees composed of the Secretary as Chairman and the Chief of the PNP, Fire and Jail bureaus as members shall have direct supervision over the PPSC.

Sec. 70. Composition. – The PPSC shall consist of the present Philippine National Police Academy (PNPA) established

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pursuant to Section 13 of Presidential Decree No. 1184, the Fire Service Training Center, the Philippine National Training Center (PNTC), the National Police College and other special training centers as may be created by the Department.

Sec. 71. Functions. – The PPSC shall have the following functions:

a. Formulate and implement training programs for personnel of the PNP, Fire and Jail bureaus;

b. Establish and maintain adequate physical training facilities;c. Develop and implement research and development to

support educational training programs;d. Conduct an assessment of the training needs of all its

clientele;e. Perform such other related functions as may be prescribed

by the Secretary.

Sec. 72. Organization and Staffing Pattern. – The structure and staffing pattern shall be prescribed by the Secretary.

The PPSC head shall, within sixty (60) days from the effectivity of the Act, recommend to the Secretary the organizational structure and staffing pattern for personnel of the College.

Sec. 73. Detail of Uniformed Personnel. – The uniformed personnel from the PNP, Fire and Jail Bureaus may be assigned to the faculty staff of the PPSC on detailed status.

Sec. 74. Qualifications Standard. – The qualification standards of the organic personnel of the PPSC shall be as prescribed by the Department, upon the recommendation of the PPSC head and subject to the approval of the Civil Service Commission.

Sec. 75. Funding. – The PPSC shall have its own annual appropriation, to be determined by the Secretary upon recommendation of the PPSC head.

For 1991, however, all funds of the PNP, Fire and Jail Bureaus that are present infused into the training facilities and programs, inclusive of salaries, and those related to facility development including the crime laboratory and all funds that have to do with training shall constitute the PPSC budget for 1991.

Sec. 76. Preparation of PPSC Operations Manual. – To ensure effective observance of these Implementing Rules and Regulations, the PPSC head shall, within sixty (60) days from the issuance thereof, prepare a PPSC Operations Manual detailing the organization of the PPSC and all training institutions and operations of the PPSC and all the training institutions under it, subject to the approval of the Secretary.

However, even before the Philippine Public Safety College was formally organized in October 3, 1993, there was already an attempt to introduce amendments2 to Sections 66-68 of Republic Act No. 6975 aiming to revert to the former system of training. These proposed amendments intend to restore the administrative supervision and operational control over the

2 HB. No. 1060, Ninth Congress of the Philippines

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human resource development of police officers directly under the Philippine National Police. The substance of such proposed amendments are as follows:

1. removing the Philippine National Police Academy from the jurisdiction of the PPSC and transfers it to the Administrative Support Unit of the Philippine National Police;

2. creates within the PNP organization a Police Training Unit and vests it with the authority and responsibility of conducting basic, advance and senior executive career courses, including pre-commissionship courses; and

3. deletes the National Police College as one of the training institutions under the PPSC.

However, upon the strong and decisive stance3 of then PPSC President Cicero C. Campos, Ph. D. and then Secretary of the Department of Interior and Local Government Rafael M. Alunan III, the proposed amendments aiming to revert to the former system was halted and PPSC was able to perform its statutory tasks from 1993 up to present.

In 2001, owing to the lack of provisions in Republic Act No. 6975 and its Implementing Rules and Regulations to realize the aspiration of transforming the Philippine Public Safety College into a world-class educational and training institution for public safety services, Honorable Representatives Oscar S. Rodriguez and Amado T. Espino Jr. introduced House Bill Nos. 2096 and 4837 respectively during the First Regular Session of the Twelfth Congress. The Explanatory Note of House Bill No. 4837 clearly reflects the wisdom behind Republic Act No. 6975:

“This vision, however, of transforming the college into a world-class educational and training institution for public safety services may not be realized under the present set-up mainly because it lacks autonomy, flexibility and authority, especially in generating funds from other sources and entering into such transactions that would fully support its plans and programs.

This measure seeks to provide answers and remedies to the present predicament of the PPSC as embodied in the proposed Charter. It is hoped that the enactment of the Charter would serve as a catalyst for growth and meaningful change that will transform the PPSC into an institution that is globally competitive and responsive to the changing needs of public safety services.

By affording our dedicated public servants - - - our frontline police officers, firemen and jail guards - - -

3 Letters sent to His Excellency President Fidel V. Ramos

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better training, education and a more organized system, it is hoped that peace and order will improve and that the security needs of our people are best served.”

Since then, several attempts were made by the House of Representatives and House of Senate to introduce measures to provide a charter for the Philippine Public Safety College with an end in view to transform the college into a world-class educational and training institution for public safety services. These measures aim to strengthen the power of the College by granting it with academic freedom and to set definite standards on the qualifications of officials and personnel of the College System which are all directed to the attainment of its academic objectives.

Unfortunately, over the same period of time, similar measures inconsistent with the PPSC Charter were likewise proposed in both Houses, and in this instance, House Bill Nos. 131, 360 and 917. Thus, the Philippine Public Safety College takes this opportunity to express its position regarding the matter.

DISCUSSIONS

I.THERE IS MISPLACED RELIANCE THAT ALMOST ALL COUNTRIES WITH SUCCESSFUL HUMANRESOURCE DEVELOPMENT PROGRAMS ARE ADOPTING THE PRACTICE OF ORGANIZING THEIR POLICE ACADEMIES AND TRAINING SCHOOLS DIRECTLY UNDER THE HEAD OF POLICE FORCE/ORGANIZATION

Contrary to the assertions that almost all countries with successful human resource development program are adopting the practice of organizing their police academies and training schools directly under the head of the police organization, available and verifiable data will reveal that among the countries with the lowest crime rate and efficient public safety services such as the United Kingdom, Singapore, China, South Korea, Vietnam, and Canada train their police officers in a separate agency or state-run colleges or university independent of the police organization they are to serve. A set-up similar to what we have in the Philippines.

In United Kingdom for instance, its national police function is vested upon the Ministry of Defence Police4. It is the counterpart of our own Philippine National Police. However, the education and training of its future and current personnel was vested upon a separate, distinct and independent 4 http://www.mod.police.uk/

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agency, the National Policing Improvement Agency (NPIA)5 until some of its functions were transferred to the College of Policing6 on 1 December 2012.

The College of Policing is governed by a Board which is led by an independent Chair. It comprises the Chief Executive of the College; three chief constables; a member nominated by the Police Superintendents' Association of England and Wales; a member nominated by the Police Federation of England and Wales; a member nominated by police staff representatives; three Police and Crime Commissioners and the chair of a police authority; and three other independent persons appointed by the Home Secretary. The Board is the guardian of the public interest, and all Directors bring professional judgment to bear on matters of strategy, performance, resources and the conduct of College staff 7. Interestingly, the governing body and the function of the College of Policing bear some similarity to that of the Philippine Public Safety College.

In Singapore, the Home Team Academy8 The Home Team Academy (HTA) is a Department under the Ministry of Home Affairs that is committed to the training of Home Team officers in Homefront Security and Safety. The Academy aims to spearhead training relating to Intelligence in Terrorism, Counter-terrorism, Crisis Management and Emergency Preparedness. It also conducts a wide range of programmes, including Behavioural Sciences and Leadership Development.

Co-located in the Academy are the Police Training Command, Prison Staff Training School, Immigration & Checkpoints Authority Training School.

It is the training institute for various organizations of the Ministry of Home Affairs, including the Singapore Police Force, the Singapore Civil Defence Force, the Central Narcotics Bureau, the Singapore Prison Service, the Immigration and Checkpoints Authority, and the Internal Security Department, amongst other agencies. Its organizational structure resembles that of the Philippine Public Safety College.

5 http://www.npia.police.uk/en/18781.htm6 http://www.college.police.uk/en/home.htm7 http://www.college.police.uk/en/20364.htm8 http://app.hta.gov.sg/Home/tabid/36/Default.aspx

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The Home Team Academy trains and educates the Singapore Police Force which is recognized to be one of the ideal police organizations in the world today and cited by the United States as one of the world’s best.

The People's Public Security University of China9 is the first public security university under The Ministry of Public Security, it excels in the teaching and studying of police science (public security science), police technology and relevant disciplines, offering the most number of programs of police science and technology in the country, and serves as an important base producing quality professionals with policing competence and global vision. This school was established in July, 1948.

The purpose of the university is for the training of elite police officer and is ranked as the best Chinese police academy after it merged with People's Police Cadre University of China in 1998. The People's Public Security University of China at present has a law school, a department of foreign languages, literature, criminal investigation, criminology, management, information security, traffic control and forensic science.

The Vietnamese People's Police Academy10 - On May 15th, 1968, the Minister of Public Security had a Decision No: 514/CA/QD on “Separating the branch of People’s Police from Central Police School, founding the People’s Police School” in Phong Van Hamlet (Ba Vi-Ha Tay). This is a first school that trains the People’s Police in Viet Nam. Subsequently, the Minister of Public Security had a Decision No. 969/ 2001/ QD-BCA(X13) dated 02.01.2001 upgrading the People’s Police College to People’s Police Academy. (citation from the official website)

The Korean National Police University (KNPU) is a national university in Yongin, South Korea founded in 1979. It is an entity

9 http://www.cppsu.edu.cn/index.html10 http://english.hvcsnd.edu.vn/Home/gioithieu/mission/2009/04/246.aspx

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independent of the Korean National Police Agency. It has an organization structure similar to a college institution.

And in Canada, there are several state-run colleges training their future police officers. Among them are the Ontario Police College, the Canadian Police College and the Royal Canadian Mounted Police Academy, Depot Division and the Justice Institute of British Columbia.

The Ontario Police College11 offered its first classes beginning January 7, 1963 in the temporary wartime training quarters of an abandoned Royal Canadian Air Force base near Aylmer, Ontario. It was not until 1976 that the college moved to its present facilities at that site. The operations of the Ontario Police College became the responsibility of the Ministry of the Solicitor General in 1972, now the Ministry of Community Safety and Correctional Services.

The Canadian Police College12 is Canada's leading-edge provider of advanced and specialized police training and executive development programs. Through its highly trained staff and subject-matter experts, the Canadian Police College offers a suite of over 55 advanced and specialized courses and workshops in investigative techniques, technological crime, forensic identification, explosives disposal/ investigations, police executive development and professional development for Aboriginal policing. It is an agency under the Ministry of Public Safety Canada and is distinct and

11 http://www.opconline.ca/12 http://www.cpc-ccp.gc.ca/en/node/317

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separate from the national police agency Royal Canadian Mounted Police which is likewise under the Ministry of Public Safety Canada.

The Royal Canadian Mounted Police Academy, Depot Division13 (commonly known as "Depot") has been providing police training to the Royal Canadian Mounted Police (RCMP) "cadets" since its establishment in 1885. It also provides training to various national and international law enforcement and regulatory agencies.

On the other hand, the Royal Canadian Mounted Police is organized under the authority of the RCMP Act as the national police service agency. In accordance with the Act, it is headed by the Commissioner, who, under the direction of the Minister of Public Safety Canada, has the control and management of the Force and all matters connected therewith.

The Royal Canadian Mounted Police enforces throughout Canada laws made by, or under, the authority of the Canadian Parliament. Administration of justice within the provinces, including enforcement of the Criminal Code, is part of the power and duty delegated to the provincial governments.

And in British Columbia, the police academy is under the Justice Institute of British Columbia (JIBC)14 . Under the Justice Institute of British Columbia is the School of Public Safety and Security which supervises the following branches: (a) Center for Court Administration; (b) Corrections and Community Justice Division; (c) Emergency Management Division; (d) Fire and Safety Division; (e) Justice and Public Safety Division; (f) Pacific Traffic Education Center (g) Police Academy; and (h) Sheriff Academy.

The JIBC was established as a Provincial Institute through an Order-In-Council by the Attorney General and the Ministry of Education, Science and Technology in April 1978 to perform functions to provide courses of instruction which are consistent with identified needs specifically for, but not limited to, Police, Corrections, Courts and Sheriffs. It is touted to be Canada’s leading public safety educator. JIBC trains paramedics, firefighters, sheriffs, correction officers, probation officers, peace officers, family justice counselors, mediators, law enforcement, emergency management and security professionals, emergency social services volunteers and search and rescue volunteers. It also offers programs in leadership, conflict resolution and emergency management. Hongkong Services also used JIBC for additional advanced training for their Emergency Management Service Personnel.

The establishment of these independent public safety/police training institutions in several foreign jurisdictions is akin to the present set-up in the Philippines under Republic Act No. 6975 which establishes a separate training unit distinct from the police organization to ensure that the police personnel or police units can attend to their task of law enforcement and maintenance of public order and safety and that the interest of the general

13 http://www.rcmp-grc.gc.ca/depot/about-ausujet/index-eng.htm14 http://www.jibc.ca/

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public will be of paramount consideration in the formulation of training programs.

Thus, the assertion that almost all countries with successful human resource development program are adopting the practice of organizing their police academies and training schools directly under the head of the police organization is not only without basis but is contrary to the global trend.

II.THE STATEMENT THAT THE CURRENT SET-UP IS INEFFECTIVE AND INEFFICIENT IS HIGHLY SPECULATIVE,CONJECTURAL AND NOT BASED ON VERIFIABLE FACTS

The Explanatory Note of House Bill No. 2200 strongly asserts that the present set-up is ineffective and inefficient as the Philippine National Police is made to incur unnecessary expense in conducting its own re-orientation and specialization training programs which effectively duplicates what has been already undertaken by the Philippine Public Safety College.

However, a careful perusal of the journals of the 8th Congress of the Philippines during the deliberations on Republic Act No. 6975 will reveal that the matter of ineffectiveness and inefficiency was the very reason that induced Honorable Rodrigo B. Gutang to declare in no ambiguous terms that “ the training system under the Integrated National Police has been found defective as not all the staff in the training center of the PC/INP are the best qualified to handle the training of the PC/INP. Therefore, the result is that the police officers then are wanting in the quality of training as far as professionalism is concerned.”

Granting that the Philippine National Police indeed conducts its own re-orientation and specialization training program for their personnel who recently concluded the training in the Philippine Public Safety College, the mere introduction of such intervention does not by itself prove that the same is necessary or appropriate and that there are indeed deficiencies in the training programs being implemented by the Philippine Public Safety College. As fittingly described in the said explanatory note, the Philippine National Police might have been duplicating the programs or activities conducted by the Philippine Public Safety College, albeit needlessly.

Without probing on the particulars of the supposed deficiencies in the training programs of the Philippine Public Safety College, the records of the proceedings during the meetings of the Board of Trustees or even the official correspondence with the Philippine National Police will reveal that the dissatisfaction of the Philippine National Police as asserted in the explanatory notes was never brought to the attention of the Philippine Public Safety College.

III.

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THE PPSC LACKS ACCOUNTABILITY AS TO THE QUALITY OF PERFORMANCE OF POLICE OFFICERS WHO GRADUATED FROM ITS TRAINING SCHOOLS

It is very important, when talking about accountability, to know what we mean and what type of responsibility each actor is capable of assuming. The Philippine Public Safety College has the obligation to train any and all public safety officers it may receive upon endorsement of the uniformed bureaus of the DILG. However, as regards the attributes, fitness and capacity of these public safety officers to perform their mandated tasks in accordance with the demands of their office, the Philippine Public Safety College cannot assume sole responsibility.

One’s job performance cannot be attributed solely to training but also to his attitude and work environment following a universally-accepted human resource development framework. No matter how well-trained a police recruit is, he cannot be expected to perform any better if he is under the command of an inefficient and unprincipled superior or leader.

In the theory of human modeling (Bandura, 1977), learning results in the imitation of the model’s behavior or more precisely, imitation of action choices. In the police service, recruits and young officers look up to their superiors and senior officers whose words and actions are most of the time highly regarded, followed and emulated.

OTHER COLLATERAL ISSUES

IV.THE PROPOSED MEASURES WILL EMASCULATE THEPOWERS OF THE SECRETARY OF THE INTERIOR ANDLOCAL GOVERNMENT TO GOVERN AND CONTROL THEADMINISTRATION AND OPERATION OF THE TRAININGINSTITUTION FOR THE POLICE SERVICE

The present set-up involving the PPSC, making the Secretary of the Interior and Local Government as Chairman of the Board of Trustees with a civilian PPSC President as an ex-officio member and the Chiefs of the Fire and Jail Bureaus as regular members, is the ideal organizational set-up for the simple reason that the Secretary of the Interior and Local Government may exercise direct supervision and control over the affairs of the Philippine Public Safety College to ensure that sufficient consideration for public interest may be given in the implementation of its training programs.

With the introduction of the amendatory bill, the power of the Secretary to exercise control and supervision over the training, human resource development and continuing education of our police officers will be emasculated to the prejudice of public interest.

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V.TRANSFERRING THE ADMINISTRATIVE SUPERVISION AND OPERATIONAL CONTROL OVER THE PNPA, PNTC AND NPC TO THE PHILIPPINE NATIONAL POLICE WILL ADVERSELY AFFECT THE HUMAN RESOURCE DEVELOPMENT PROGRAM FOR THE FIRE AND JAIL BUREAUS

Public safety is a generic term which encompasses law enforcement, crime prevention and control, maintenance of peace and order, fire safety and protection, jail management and penology and the administration of criminal justice system. Thus, the words “Public Safety” necessarily include the police, fire and jail services taken collectively, otherwise, the absence of one would render the name of the institution as a misnomer.

During the existence of the Integrated National Police from 1975-1990, it undertook the functions of the police, fire and jail services as well as the training courses for the three branches of service. The Integrated National Police likewise implemented the cadetship program at the Philippine National Police Academy with its graduates serving the police, fire or jail service. Thus, there is no logical reason that the Philippine National Police Academy and the National Police College should be put under the administrative supervision and operational control of the newly created Philippine National Police as these two training institutions were never intended exclusively for the education and training of the members of the Philippine National Police.

Consequently, the transfer of the PNPA and NPC to the PNP will necessitate the creation of separate training institutes to provide for the training needs of the personnel of the Fire and Jail Bureaus which will unduly burden the national government with greater financial, manpower and infrastructure costs and undermine the effective inter-operability among different public safety bureaus.

This move is contrary to the global trend and best practice of concentrating the public safety education and training function in just one entity with an end in view to minimize cost without undermining the quality of the final outputs.

VI. THE PRESENT TRAINING SET-UP FOR POLICE RECRUITS HANDLED BY PPSC INVOLVES THE ACTIVE PARTICIPATION OF THE PNP CONTRARY TO ITS CLAIM THAT IT DOES NOT HAVE A HAND

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IN TRAINING ITS POLICE RECRUITS AND OFFICERS

The current set-up allows the Philippine National Police to exercise oversight supervision over the Philippine Public Safety College being a member-trustee of the Board of Trustees which exercises direct supervision over the PPSC.

Since 1993, PPSC’s workforce/personnel strength has been a strong combination of active uniformed personnel and non-uniformed personnel.

All tactical officers, drill masters and training officers at the PNPA and PNTI are all uniformed police officers on detached service with the PPSC. But leaves the PPSC to seek promotions because, ironically, PNP leadership do not consider training duty with PPSC as part of the Table of Organization positions for career advancement of the police.

The directors of the Philippine National Police Academy (PNPA), Police National Training Institute (PNTI), and the National Forensic Science Training Institute (NFSTI), to include the 17 regional training schools all over the country are all active PNP officers; PNPA and PNTI Directors are chosen and designated by the PNP.

PPSC’s pool of instructors and professors for public safety courses, especially policing-related courses consist mainly of retired and active PNP officers;

The cadets/recruits are surprised by tactical officers/ Police Non-Commissioned Officers from the time they wake up at 4:00 A.M. up to the time they “hit their bunks” at 10:00 P.M. Simply put, when a cadet or recruit wakes up and goes to bed, the first and the last person he sees or interacts with is an active uniformed member of the PNP.

Before the police recruits are considered for permanent appointments, they are required to undergo the one-year Public Safety Field Training Program. This mandatory program consists of the six-month Public Safety Basic Recruit Course (PSBRC) supervised by the PPSC and the five-month Field Training Exercise (FTX) under the supervision of the PNP and another one-month Evaluation/Assessment Phase to be conducted by the PPSC.

With this 6-5-1 set-up, PNP cannot, for all intents of purposes, claim that it is left in the dark when it comes to the training of its members, particularly the recruits. In fact, it shares, equal responsibility in the recruit training under the present set-up because of the field training exercise under its direct responsibility.

It must be pointed out that the main training issue is not the academic phase conducted by the PPSC but the Field Training Exercise (FTX) conducted by the PNP. The recruits, who are supposed to undergo exposure on police work in the areas of Patrol, Traffic and Investigation in a specified city or town under the supervision of competent Field Training Officers

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identified by PNP, are not totally immersed in the three areas of field training exposure. Instead, they are treated as househelps, errand boys and girls and assigned mundane tasks such as cleaning of police stations, and preparation of coffee for superior officers, among others.

VII. THE PRESENT POWERS AND FUNCTIONS OF THEPHILIPPINE NATIONAL POLICE AS ENUMERATED IN SECTION 24 OF REPUBLIC ACT NO. 6975 AREINHERENTLY AND PRIMARILY POLICE FUNCTIONS, AS SUCH, ONLY THOSE POWERS OR FUNCTIONS WITHIN THE SAME KIND OR CLASS MAY BE THE SUBJECT OF AN AMENDATORY BILL

A careful examination of Section 24 of Republic Act No. 6975 will reveal that the powers and functions conferred by law upon the Philippine National Police are primarily and distinctively inherent to the performance of police duties and functions:

Republic Act No. 6975CHAPTER III

A. THE PHILIPPINE NATIONAL POLICE ORGANIZATION

Section 24. Powers and Functions. – The PNP shall have the following powers and functions:

(a) Enforce all laws and ordinances relative to the protection of lives and properties;

(b) Maintain peace and order and take all necessary steps to ensure public safety;

(c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution;

(d) Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws;

(e) Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the Constitution;

(f) Issue licenses for the possession of firearms and explosives in accordance with law;

(g) Supervise and control the training and operations of security agencies and issue licenses to operate security agencies, and to security guards and private detectives, for the practice of their professions; and

(h) Perform such other duties and exercise all other functions as may be provided by law.

In addition, the PNP shall absorb the office of the National Action Committee on Anti-Hijacking (NACAH) of the Department of National Defense, all the functions of the present Philippine Air Force Security Command (PAFSECOM), as well as the police functions of the Coast Guard. In order to perform its powers and functions efficiently and

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effectively, the PNP shall be provided with adequate land, sea, and air capabilities and all necessary material means of resources.

Without denigrating the exercise of the plenary legislative powers of this Congress, it is the position of the Philippine Public Safety College that the proposed amendment to the effect that the Philippine National Police shall “FORMULATE AND IMPLEMENT TRAINING PROGRAMS FOR PNP PERSONNEL” is contrary to the principle of ejusdem generis (whether the said amendment be appended as a particular function or embraced in the general word). Under this principle, “where a general word or phrase follows an enumeration of particular and specific words of the same class or where the latter follows the former, the general word or phrase is to be construed to include, or to be restricted to persons, things or cases akin to, resembling, or of the same kind or class as those specifically mentioned.”

Thus, it is safe to conclude that the Legislature, in enacting R. A. No. 6975, intended to grant to the Philippine National Police only those powers and functions intimately related and inherent to the performance of police duties and functions. This conclusion is justified on the ground that if the Legislature intended the general terms to be used in their unrestricted sense, it would have not made an enumeration of particularly related subjects but would have used only general terms.

In the same manner, Section 67 of Republic Act No. 6975 clearly reflects the intention of the Legislature when it enacted the law. A closer examination of the powers and functions conferred upon the PPSC will reveal that it was the intention of the Legislature to concentrate the training, human resource development and continuing education functions in just one agency under the direct supervision of the Secretary of the Interior and Local Government as Chairman of the Board of Trustees to ensure sufficient regard to public interest and general welfare.

VIII. THE PHILIPPINE NATIONAL POLICE AND THENATIONAL POLICE COMMISSION LACK THENECESSARY CAPACITY TO CREATE AND APPROVEA CORPS OF PROFESSORS

Sec. 5. of the proposed measure intends to grant upon the Director General of the Philippine National Police the responsibility in the creation of a “corps of professors” which shall be submitted to the National Police Commission (NAPOLCOM) for approval.

However, owing to the very nature of the present functions of the Philippine National Police, it lacks the necessary capacity to create a “corps of professor”. In the same manner, considering that the NAPOLCOM was no longer involved in the training and human resource development of police officers since 1976, it certainly lacks the necessary capacity to approve the “corps of professor” supposed to be created by the Philippine National Police.

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VIII. THE MANDATE TO IMPLEMENT THE TRAINING, HUMAN RESOURCE DEVELOPMENT AND CONTINUINGEDUCATION OF THE MEMBERS OF THE PHILIPPINE NATIONAL POLICE SHOULD BE RETAINED WITH THE PHILIPPINE PUBLIC SAFETY COLLEGE

Finally, there being no sufficient reason for the approval of the proposed dismemberment of the training units of the Philippine Public Safety College, Sec. 6. of the proposed measure which seeks the transfer of all appropriations of the PNPA, PNTI, NPC and NFSTI to the Philippine National Police to carry out the provisions of the amendatory bill should be discarded.

While it is conceded that traditional law-enforcement actions and capabilities characterize the success, effectiveness and efficiency of the Philippine National Police in deterring crimes, the Philippine Public Safety College has strong conviction that crime prevention through the promotion of community-based responses plays a bigger role in ensuring public safety and order.

Considering the present state of affairs of the Philippine National Police that clearly shows that much is needed for the development of its law-enforcement responses and capabilities and owing to its incapacity to engage the community, the Philippine Public Safety College will implement its training programs, human resource development and continuing education consistent with the basic precept of full participation among the members of the community in order to promote community-based responses as an integral part of crime prevention strategies.

CONCLUSIONS

The wisdom of the 8th Congress in enacting RA 6975 that established the PPSC alongside with the Philippine National Police, Bureau of Fire Protection and the Bureau of Jail Management and Penology was envisioned to be the TRI-SERVICE education and training institution detached from the chain of command thus affording public safety students’ objective assessment of the Bureau under the direct supervision of the DILG Secretary, the Chief PNP, the Chief BFP and the Chief BJMP acting as a collegial body.

RECOMMENDATION

Retain, adopt and pass House Bill Nos. 93 and 1487 filed by the Honorable Amado S. Bagatsing and Honorable Lani Mercado-Revilla as proposed legislative measures for granting the Philippine Public Safety College an Academic Charter to strengthen its mandate as the premier education institution for the training, human resource development and continuing education of all the personnel of the PNP, Fire and Jail Bureaus.

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Respectfully submitted.

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