Title
Organization and Goverce of Insular Constabulary
Law
Act No. 175
Decision Date
Jul 18, 1901
The Philippine Jurisprudence case examines Act No. 175, which established the Insular Constabulary to maintain peace and order in the provinces of the Philippine Islands, outlining its command structure, duties, powers, and payment.
A

Creation and Role of Inspectors

  • A corps of inspectors is created to command, discipline, and inspect the Insular Constabulary and municipal police.
  • Each province has between one and four provincial police inspectors.

Composition and Organization of the Insular Constabulary

  • Each province's constabulary consists of 15 to 150 privates, 1 to 4 sergeants, and 1 to 8 corporals.
  • Personnel must be residents of the province and enlisted for two years.
  • The Chief of the Insular Constabulary determines exact numbers with Civil Governor approval.

Office and Duties of the Chief of Insular Constabulary

  • The Chief is appointed by the Civil Governor with Commission consent.
  • Duties include general control of the Constabulary, preventing crimes, and ensuring discipline and equipment standards.
  • Authority to appoint, suspend, remove provincial inspectors and personnel after due hearing.
  • Responsible for rules on examinations, appointments, and promotions.
  • Receives an annual salary of $4,000.

Assistant Chiefs of Constabulary

  • Four Assistant Chiefs are appointed with salaries of $2,750 annually.
  • Each manages one of four districts within the Philippines, as assigned by the Chief.
  • They act on behalf of the Chief during absence or incapacity.

Arms, Equipment, and Manual of Discipline

  • The Chief prescribes suitable arms, uniforms, and equipment.
  • Purchases are handled by the Insular Purchasing Agent upon the Chief's order.
  • A manual of discipline and code of police powers are to be prepared and translated into major local languages for all provincial and municipal police.
  • Mounted patrols may be authorized.

Temporary Consolidation of Forces

  • The Chief or Assistant may consolidate constabulary forces of multiple provinces to address serious lawlessness.
  • Such consolidation is temporary and limited to the duration of the emergency.

Payment of the Insular Constabulary

  • Salaries and costs are assumed and paid by the Insular Government.

Powers and Duties of Provincial Inspectors

  • Provincial inspectors control their provincial constabulary forces.
  • They may suspend or dismiss personnel for inefficiency, misconduct, or disloyalty, subject to supervisory approval.
  • Declared peace officers empowered to prevent and suppress crime.
  • Authorized to arrest without warrant on reasonable suspicion and execute lawful warrants.
  • Must bring arrested persons before a judge within 24 hours when practicable.
  • Authorized to pursue offenders beyond provincial borders.

Reporting of Official Misconduct

  • Provincial governors must report official oppression, extortion, or violations by Constabulary members to the Civil Governor.

Suppression of Riot and Protection Duties

  • Provincial inspectors respond to provincial governors’ calls to suppress riots or assist municipal police.
  • They provide protection guards for provincial officials.

Inspection of Municipal Police Forces

  • Provincial inspectors regularly inspect municipal police forces.
  • They report on equipment, efficiency, and maintenance of peace.
  • The Chief and Assistant Chiefs regulate inspection procedures and may require police chiefs to submit reports.

Suspension and Dismissal of Municipal Police Officers

  • Inspectors may suspend and dismiss municipal police officers found inefficient or disloyal after proper hearing.
  • Vacancies filled per the Municipal Code.

Assistance to Municipal Presidents

  • Municipal presidents unable to maintain peace must call the provincial inspector for needed assistance.
  • The inspector may take temporary control of municipal police operations until order is restored.

Oath of Office

  • All constabulary members must take an oath of allegiance to the United States and commitment to law obedience before beginning duties.
  • The oath is sworn before a judge, justice of peace, or notary and filed with the Insular Chief.

Salaries of Provincial Inspectors

  • Inspectors’ salaries range from $800 to $1,400 annually.
  • Classified into four classes based on salary level from fourth to first class.
  • The Chief assigns inspectors to provinces with Civil Governor approval.
  • Monthly salary payment provision.

Compensation of Other Ranks

  • Sergeants, corporals, and privates’ wages are fixed by the Chief with Civil Governor approval.
  • Rates may differ among provinces according to living costs.

Penalty for Extortion by Constabulary Members

  • Penalty for extorting money or property under threat or actual arrest is imprisonment of 1 to 10 years.

Political Activity Restrictions During Elections

  • Insular police must not interfere in elections.
  • Resident members may vote but cannot act as election officers, solicit votes, or run for office.
  • Violations lead to removal, a fine up to $100, or imprisonment up to six months.

Amendment on Lawless Violence Control

  • Governors call provincial inspectors to suppress local disorder.
  • If beyond local capability, the governor seeks military aid from Civil Governor and Military Governor.
  • In select provinces without telegraphic communication, direct calls for military aid may be made.

Effective Date

  • The Act takes effect immediately upon passage on July 18, 1901.

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