napolcom reviewer ebook 2015

8/16/2019 Napolcom Reviewer eBook 2015

1/115

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


2/115

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


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


3/115

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



4/115

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 _.


5/115

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


6/115

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

,


7/115

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.


8/115

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


9/115

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


10/115

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.


11/115

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.


12/115

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 - - ' ' - ' '


13/115

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


14/115

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


15/115

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


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


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


16/115

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


17/115

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


18/115

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


19/115

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


20/115

-

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:


21/115

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;


22/115

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


23/115

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


24/115

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.


25/115

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


26/115

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.


27/115

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;


28/115

• 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


29/115

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


30/115

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


31/115

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


32/115

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


33/115

- , , · . > 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


34/115

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


35/115

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


36/115

l { l ~ P l

l ~ l , f (

. \ ( I :\o. 6975

\ \ .

\ l EST -\BLISII I \( ; TH L PIIII.1 PPl'\E i'i. \T Ol'iAL POLICE ll'I

DER

A

REORG.\ \IZE l DI:P \ l l T ~ l E : \ T OF THE INTEIUOR AND LOCAL G O V E R ' \ ~ - I E J \

r.

-\:\D

FOR

OTllEll

Pl

l POSES

Section I.

I lift·

of

th,,

/ct

f>

J h11., .i\ct :-.hall be kno\\'11 us the "Dcpart1ncnt of the Inter l t l r and

I ocal 1Jo\

er

nn1ent .

\ct

or I

JlJ(

l "

."ll·ction 27. \fi.11111111 -.: I

C

n

thiJ .ivi.:ra;;c

11at1()11\\1de,

the

111ann111g

li.:vcls oflhc PN ' -;hall

he arrro\. 111;;tel_\

Hl

dCCC11dc1ncc \\Jlh

napolcom reviewer ebook 2015

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