Role of public safety officer

ROLE OF PUBLIC SAFETY
OFFICER
AND BARANGAY TANOD
SANTOS “Santi” T. ARAÑA, Ph.D.
Professor, Bicol College Graduate School
Senior Education Program Specialist (SEPS), Planning and Research
Department of Education, Schools Division Office of Legazpi
Legazpi City

INTRODUCTION
• The Constitution mandates that the government shall
promote the quality of life of the people. Likewise,
Section 16 or the General Welfare clause of the Local
Government Code of 1991 or Republic Act No. 7160
provides that local government units shall, within their
territorial jurisdictions, promote health and safety,
improve public morals, maintain peace and order, and
preserve the comfort and convenience of their
inhabitants.
• Criminality continues to pose a serious threat to peace
and order, and thus undermining the peace and
development efforts of the government. Republic Act No.
6975 mandates the DILG to promote peace and order
and public safety and capacitate LGUs (including
barangays) for the effective delivery of basic services to
its citizenry.

• Executive Order No. 366, dated 5 September
1996, requires all barangays to organize the
Barangay Peace and Order Committee (BPOC).
The BPOC shall serve as the implementing arm
of the city/municipality in the implementation of
the Integrated Area/Community Public Safety
Plan (IA/CPSP).
• Section 11 of the National Peace and Order
Council (NPOC) Memorandum Circular No. 2002-
05 dated June 24, 2002 directs the DILG to
monitor the functionality of BPOC based on the
presence of the following indicators:
Sangguniang Barangay.

• Resolution creating the BPOC, Peace and Order
and Public Safety Plan, Minutes of
Meetings/Resolutions, Accomplishment Reports
on Activities undertaken, and SB Resolution
Integrating Peace and Order and Public Safety
Plan in the Barangay Development Plan (BDP)"
providing therein the BPOC Budget for BPOC
activities.
• Considering that the DILG and the LGUs are
jointly exerting efforts to maintain the viability of
local institutions necessary for the effective
delivery of peace and order and public safety
services, there is a need to reorganize the BPOC
and to regularly monitor and evaluate the BPOCs
to ensure their functionality.

I. REORGANIZATION OF THE BARANGAY PEACE
AND ORDER COMMITTEE
(BPOC)
With the assumption of new sets of
elected barangay officials, all barangay
governments are mandated to reorganize
their BPOCs through a sangguniang
barangay resolution pursuant to Executive
Order No. 366 issued on September 5,
1996 and NPOC Memorandum Circular No.
2002-05 dated June 24, 2002.
Accordingly, the BPOC shall be composed
of the following:

1. Composition
1.1. Punong Barangay as Chairman;
1.2. A Member of the Lupon Tagapamayapa to be
designated by the Punong Barangay;
1.3. A Public School Teacher to be designated by the
School Principal or School Head Teacher;
1.4. A PNP Officer to be designated by the Chief of Police
of the corresponding city/municipality;
1.5. A representative from the Interfaith Group;
1.6. A senior citizen;
1.7. A barangay tanod; and
1.8. At least three (3) members, duly endorsed by an
organized neighborhood association, from existing
barangay based anti-crime groups, neighborhood watch
groups or NGOs well known in the community.

2. Functions
2.1 Initiate, coordinate and monitor the implementation of
peace and order programs and projects at the barangay
level;
2.2 Serve as an information gathering mechanism;
2.3 Monitor and check the nefarious activities of criminal
elements;
2.4 Supervise barangay tanods in identifying barangay
constituents with strong deviant behavior for referral to
appropriate authorities;
2.5 Maintain continuing dialogue, close coordination and
rapport with the City/Municipal Peace and Order Council,
the City/Municipal Disaster Coordinating Committee and
the law enforcement units operating in the barangay;

Continuation:
2.6 Formulate plans and recommend such measures which
will improve or enhance peace and order and public
safety in their area of responsibility;
2.7 Supervise, coordinate and monitor the operations of all
community-based anti-crime activities undertaken within
the barangay;
2.8 Undertake periodic assessment of the prevailing peace
and order situation in the barangay and submit report
with appropriate recommendations to the higher level
Peace and Order Council; and
2.9 Perform such other functions which may be assigned
by higher level Peace and Order Councils.

Legal Basis
Chapter 2 Section 387 (b) of the Local
Government Code provides that the
Sangguniang Barangay may form
community brigades and create such other
positions or offices as may be deem
necessary to carry out the purposes of the
barangay government in accordance with
the needs of public service, subject to the
budgetary limitations and personal
services prescribed under Title Five, Book
II of this Code.

Administration and Organization
of Barangay Tanod
The barangay tanod shall be supervised by
the Punong Barangay. The Punong
Barangay shall also designate a Chief
Tanod/Executive Officer to head the
group.
The tanod shall be organized into teams
composed of Team Leader and two (2) to
four (4) members.

Composition of Barangay
Tanods
The barangay tanod is a
community brigade composed of
civilian volunteers duly appointed
by the Punong Barangay upon
recommendation of the Barangay
Peace and Order Council (BPOC).

Qualifications of Barangay
Tanod Members
As mandated under DILG
Memorandum Circular No. 2003 –
42 otherwise known as the
Guidelines for professionalizing
the tanod. The barangay tanod
member must possess the
following qualifications:

• A Filipino citizen
• Must be a resident for at least six (6)
months of the barangay where he is
appointed
• Must be a registered voter
• At least 18 years old but not more than 60
years old
• Can read and write but preferably high
school graduate
• Of good moral character
• Physically and mentally fit

Barangay Tanod members who have been
appointed prior to the effectivity of
Memorandum Circular 2003 – 42 must
meet the qualification herein stated.
Exemptions maybe granted to barangays
where there are lack of qualified
volunteers. Retired government
employees, police or military
personnel/officers maybe appointed.

• Barangay Tanod
Barangay Tanods are essential in preserving
the security of lives and property, as well
as peace and order in a community.

While the Local Government Code
provides a maximum of twenty (20)
tanods in each barangay, it may
create more as maybe necessary to
carry out the purposes of the
barangay government in accordance
with the needs of public service,
subject to the budgetary limitations of
the barangay.

RELEVANT LAWS, ISSUANCES AND PROGRAMS
AFFECTING BARTANGAY TANOD
The Barangay tanod brigade is one of the
implementing mechanism of the Barangay
Peace and Order Committee (BPOC).
Therefore you as tanods need to know the
national and local laws, issuances and
programs that you use to promote peace
and order and public safety in the
barangay.

Primary Responsibilities:
1. Identify the current laws, ordinances and
issuances on issues affecting barangay
governance and public safety in particular;
2. Discuss the laws, rules and procedures relating
to arrest;
3. List current national government peace and
order and public safety programs and
initiatives; and
4. Identify programs and activities that a
barangay can implement to promote peace
and order and public safety.

SUMMARY OF RELEVANT LAWS AND ISSUANCES
AFFECTING BARANGAY TANODS
Any person who does a job in any
organization needs to know and follow
certain rules or laws. In this sense the
barangay is no different to other
organizations. Except that in a barangay it
is even more important that barangay
officials and tanods are aware of these
rules and laws because your actions will
directly affect the lives and welfare of
citizens in your area.

Have you ever wondered where local government
units get their powers to make and enforce rules
and laws? What is the legal basis for what barangay
do?
Answer: The passage of the Local Government
Code of 1991 gave local government units
(LGU’s) more powers. The 1987 Constitution
refers to the LGUs as the territorial and political
subdivision of the State, including the provinces,
cities, municipalities and barangays. The code
mandates the LGUs to set up organizational
structures and system that meet the priority
needs of their communities.

Continuation
In order to make the LGUs stronger and promote
fully self-reliant communities, the national
government transferred or devolved some
powers and authority to the LGUs. The Local
Government Code of 1991 was the mechanism
for this devolution (decentralization or transfer).
The Code gives the barangay officials the
authority for the the creation and organization of
the barangay tanod brigade. Basically it gives
you authority to perform your duties and tanods.

WHAT WILL YOU DO AS TANODS?
Answer: For you as to be able to really help
the barangay in these areas it is not
enough that you simply do what your
punong barangay tells you to do. You
should also know the most important laws
and issuances in these areas. This means
that you can understand why you are
doing what you do, and you may be able
to come up with suggestions for how
things can be improve.

Continuation:
These laws and issuances have names like:
resolutions; directives; executive orders;
ordinances; presidential decrees; and acts.
They all affect your duties as a barangay
tanod. This is what we will look at now. As
you are reading about these laws think
about how they might affect your
everyday job as a tanod or public safety
officer.

PEACE AND ORDER
Peace and Order – defined as a condition when an
ordinary citizen can walk the street, enjoy his
family and social environment, and participate in
community activities without fear for his life.
Thus, it is important that you make yourselves
aware of the existence of the following laws and
issuances concerning peace and order in the
Barangay or in the Municipality.

LAWS AND ISSUANCES:
• In November 1987, President Corazon C. Aquino
issued an Executive Order No. 309 which
reorganized the Peace and Order Council (POC)
in all levels of governmnent.
• In September 1992, the enactment into law of
the Republic Act No. 6975 (Department of
Interior and Local Government Act of 1990)
provided impetus for organizational changes in
POC. Executive Order No. 20 further altered
the composition and structure of the Peace and
Order Council.

Continuation:
• The organization of peace and order bodies in
the barangay also consistent with Senate
Resolution No. 145s of 1992 urging the
establishment of Barangay Crime watch Centers
(BCWCs) nationwide to serve as an effective
monitoring coordinating mechanism.
• In September 1996 Executive Order No. 366,
signed by President Fidel V. Ramos, organized
the Barangay Peace and Order Committee
(BPOC) to serve as the implementing arm of the
city and municipal POCs at the barangay level.

Continuation:
• DILG Memorandum Circular No. 2002-06 dated 11
Januaru 2002, re: Strengthening the Barangay Peace
and Order Committees.
• National Peace and Order Council (NPOC) Memorandum
Circular No. 2002, re: Guidelines on the
Operationalization of the Barangay Peace and Order
Committees (BPOC).
• NPOC Memorandum Circular No. 2002 – 05 dated
24 June 2002, re: Guidelines on the Operationalization of
the Barangay Peace and Order Committees (BPOCs),
incorporating therein amendments to NPOC MC 2002-01
dated 4 february 2002.

PUBLIC SAFETY
Public Safety is a general term that covers
the end result of law enforcement, crime
prevention and control, maintenance of
peace and order, fire safety and protection
and jail management and penology. It
includes all the many elements that enable
residents of a community to enjoy its
streets, sidewalks, homes, schools and
workplaces.

Public Safety stretches from protection of
children to concern for the elderly, from
business security to neighborhood watch.
It includes working with at risk yourth;
educating homeowners against fraud;
preventing youth from involvement with
crime; eliminating fire hazards, protection
from hazardous materials and calamities
whether natural or manmade; and helping
inmates re-enter the community
productively.

PUBLIC SAFETY OFFICE
PSO must be created and establish through
an ordinance approved by the majority
members of the sangguniang
bayan/panlungsod and signed by the
mayor.
The duties and responsibilities of Public
Safety Officers must be clearly defined
and enumerated in the ordinance.

In accordance with its mandate,
the PSO has:
• Coordinated with national and local law enforcement
agencies on the proper implementation of laws and
ordinances;
• Coordinated the mobilization of manpower and resources
in the implementation of contingency (emergency) plans
to limit effects of disasters and other calamities;
• Coordinated the formulation of the city public safety plan
for submission to the City Peace and Order Council,
including the formulation of a comprehensive year-round
and long-term action plans for barangay tanods and
other peace volunteers.

SITUATIONAL ACTIVITY:
You are a barangay tanod or public safety officer in one of
the barangay of Oas, Albay. One early morning at
around 2:00 am there was a man riding on his owner-
type jeep when he suddenly found out that his jeep lost
its breaks. He stopped the jeep on the side street and
found out that the dish break calibre was lost on the left
front tire. You and some other tanods/PSO were out
conducting ronda when you saw the man, and decided
to approach him to offer your help.
You then observed that while he was fixing the break of his
jeep, suddenly, a speedy motor tricycle hit the jeep on
the rear side and cause injury to the man. As a barangay
tanod/PSO, can you arrest the suspect tricycle driver in
this incident? What relevant laws, rules of procedure and
limitations should you consider?

Now put yourself in the situation of
the barangay tanod/PSO in this
situation and answer the following
questions:
•Do you have the general power
as a barangay tanod/PSO to
conduct warrantless
arrest?__________(yes/no).

Answer:
If your answer is YES then you are right. One of
the governmental powers of the barangay is the
police power. This includes the power of the
barangay to arrest and detain individuals.
A Punong Barangay is a peace officer in the
barangay and is considered under the law as a
person in authority. The barangay tanods are
public safety officers and agents of a person in
authority, and may there fore exercise the arrest
power of the barangay.

ARREST WITHOUT WARRANT:
There are certain conditions that should be
present in conducting a warrant less arrest.
Section 5, Rule 113 of the revise Rules of
Criminal Procedure states that a peace officer or
a private person may, without a warrant, arrest
a person in the following circumstances:
a. When, in his presence, the person to be
arrested has committed, is actually committing,
or is attempting to commit an offense;

Continuation:
b. When an offense has in fact just been
committed, and he has personal knowledge of
facts indicating that the person to be arrested
has committed it; and
c. When the person to be arrested is a prisoner
who has escaped from a penal establishment or
place where he is serving final judgment or
temporarily confined while his case is pending,
or has escaped while being transferred from one
confinement to another

So in the situation stated above you as a barangay
tanod/PSO can arrest the suspect tricycle driver
as you have directly observed that he has
committed an offense.
But, what would you do to ensure that human
rights of the suspect tricycle driver were not
violated?
It is important to know the proper procedures in
arresting a suspect and the importance of
protecting the human rights of all persons in the
community.

A Barangay tanod/PSO must keep in mind
the following rights of a suspected
offender:
(Miranda Doctrine) The right of a suspect to
be warned prior to any questioning that
he has the right to remain silent, that
anything that he says can be used against
him in a court of law. That he has the
right to the presence of any attorney, and
that it he cannot afford it, one will be
appointed for him prior to any questioning
if he so desires.

Under Section 7, Rules 112 of the Revise Rules of
Criminal Procedure a person arrested without
warrant shall be forthwith delivered to the
nearest police station of jail.
Remember: the Punong Barangay and the
barangay tanods can make arrests and detain
persons within legal limits, but if the detention is
without legal grounds the Punong Barangay may
be charged for arbitrary detention as defined in
Article 124 of the revised Penal Code.

SUMMARY:
1. As a barangay tanod/PSO it is that vital that
you are aware of the laws and insurances that
are relevant to your duties because your
actions will directly affect the lives and welfare
of citizens in your area.
2. The effectiveness of an organization such as
the barangay is determined by the competence
of its officials and volunteers in knowing the
law.
3. The Local Government Code of 1991 (RA
7160) devolved power to the local government
units, and it provides musch of the legal basis
for what barangays and their officials do.

4. The barangay tanods/PSO are public safety
officers and agent of a person in authority, and
may therefore exercise the arrest power of the
barangay. However, they must follow the correct
laws, rules and procedures and respect the
human rights of suspected offenders.
5. There are number of current national
government peace and order/public safety
programs and initiatives. These includes: Patrol
117; Barangay Human Rights Action center
(BHRAC); strengthening and operationalizing the
BPOC; and Enhancing Proficiency of the
Barangay tanod/PSO.

6. The maintenance of peace and order and
the promotion of public safety in every
corner of our society rests primarily not
with the national government or local
police, but on the barangay with the help
of the barangay tanods and citizens.
7. The programs and activities to be
developed and implemented by barangays
should be in line with the priority thrusts
of the current administrations.

References:
1. 1987 Philippine Freedom Constitution
2. Revised Philippine Rules on Criminal
Procedures
3. Revised Penal Code
4. DILG Memorandum Circulars
5. Radyo Aralan: Ang Tanod at Kapayapaan
Module, DILG: Gocal Government Academy
(Module on Relevant Laws, Issuances and
Programs Affecting Barangay Tanods)
6. Local Government Code of 1991 (RA 7160)

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