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= MANUAL

IN POLICE
ORGANIZATION AND
ADMINISTRATION
(LEA1)
REPUBLIC ACT 8551
AND 6975

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The Lawphil Project - Arellano Law Foundation
REPUBLIC ACT No. 6975 December 13, 1990

REPUBLIC ACT No. 6975


AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A REORGANIZED
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER
PURPOSES

Section 1. Title of the Act. ? This Act shall be known as the "Department of the Interior and
Local Government Act of 1990."

Section 2. Declaration of Policy. ? It is hereby declared to be the policy of the State to promote
peace and order, ensure public safety and further strengthen local government capability
aimed towards the effective delivery of the basic services to the citizenry through the
establishment of a highly efficient and competent police force that is national in scope and
civilian in character. Towards this end, the State shall bolster a system of coordination and
cooperation among the citizenry, local executives and the integrated law enforcement and
public safety agencies created under this Act.
The police force shall be organized, trained and equipped primarily for the performance of
police functions. Its national scope and civilian character shall be paramount. No element of the
police force shall be military nor shall any position thereof be occupied by active members of
theArmed Forces of the Philippines.

Section 3. Promulgation of Comprehensive Policies by Congress. ? Subject to the limitations


provided in the Constitution, the President shall recommend to Congress the promulgation of
policies on public order and safety to protect the citizenry from all forms of lawlessness,
criminality and other threats to peace and order.

CHAPTER I
THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

Section 4. The Department of the Interior and Local Government. ? To carry out the policies and
purposes of this Act, the Department of Local Government is hereby reorganized into the
Department of the Interior and Local Government, hereinafter referred to as the Department,
in accordance with the provisions of this Act.

Section 5. Powers and Functions of the Department. ? In furtherance of the objectives of this
Act, the Department shall continue to exercise the powers and functions of the Department of
Local Government in addition to the powers and functions as herein provided.

Section 6. Organization. ? The Department shall consist of the Department Proper, the existing
bureaus and offices of the Department of Local Government, the National Police Commission,
the Philippine Public Safety College, and the following bureaus: the Philippine National Police,
the Bureau of Fire Protection, and the Bureau of Jail Management and Penology.

Section 7. Department Proper. ? The Department Proper shall consist of the existing staff
services as provided for under Executive Order No. 262 and the following offices:
(a) Office of the Secretary. ? The office of the Secretary shall consist of the Secretary and his
immediate staff; and
(b) Office of the Undersecretaries and Assistant Secretaries. ? The Secretary shall be assisted by
two (2) Undersecretaries, one (1) for local government and the other for peace and order, at
least one (1) of whom must belong to the career executive service, and three (3) career
Assistant Secretaries.
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Section 8. Head of Department. ? The head of the Department, hereinafter referred to as the
Secretary, shall also be the ex-officio Chairman of the National Police Commission and shall be
appointed by the President subject to confirmation of the Commission on Appointments. No
retired or resigned military officer or police official may be appointed as Secretary within one
(1) year from the date of his retirement or resignation.

Section 9. General Powers, Term of Office and Compensation of the Secretary. ? The authority
and responsibility for the exercise of the Department's powers and functions shall be vested in
the Secretary, who shall hold office at the pleasure of the President and shall receive the
compensation, allowances and other emoluments to which heads of departments are entitled.

Section 10. Specific Powers and Functions of the Secretary. ? In addition to his powers and
functions as provided in Executive Order No. 262, the Secretary as Department head shall have
the following powers and functions:
(a) Prepare and submit periodic reports, including a Quarterly Anti-Crime Operations
Report and such other reports as the President and Congress may require;
(b) Act as Chairman and Presiding Officer of the National Police Commission; and
(c) Delegate authority to exercise any substantive or administrative function to the members of
the National Police Commission or other officers of rank within the Department.

Section 11. Regional Offices. ? The Department shall establish, operate and maintain a regional
office in each of the administrative regions of the country to implement the policies and
programs of the Department. Each regional office shall be headed by a regional director to be
assisted by two (2) assistant regional directors: one (1) for jail management and penology and
another for fire protection in addition to the present assistant regional directors of the
Department of Local Government.

Section 12. Relationship of the Department with the Department of National Defense.

R.A. 8551- Section 3. Section 12 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 12. Relationship of the Department with the Department of National Defense. –
The Department of the Interior and Local Government shall be relieved of the primary
responsibility on matters involving the suppression of insurgency and other serious
threats to national security. The Philippine National Police shall, through information
gathering and performance of its ordinary police functions, support the Armed Forces of
the Philippines on matters involving suppression of insurgency, except in cases where
the President shall call on the PNP to support the AFP in combat operations.

"In times of national emergency, the PNP, the Bureau of Fire Protection, and the Bureau
of Jail Management and Penology shall, upon the direction of the President, assist the
armed forces in meeting the national emergency."

CHAPTER II
THE NATIONAL POLICE COMMISSION

Section 13. Creation and Composition.

Section 4. Section 13 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 13. Creation and Composition. – A National Police Commission, hereinafter


referred to as the Commission, is hereby created for the purpose of effectively

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discharging the functions prescribed in the Constitution and provided in this Act. The
Commission shall be an agency attached to the Department for policy and program
coordination. It shall be composed of a Chairperson, four (4) regular Commissioners,
and the Chief of PNP as ex-officio member. Three (3) of the regular commissioners shall
come from the civilian sector who are neither active nor former members of the police
or military, one (1) of whom shall be designated as vice chairperson by the President.
The fourth regular commissioner shall come from the law enforcement sector either
active or retired: Provided, That an active member of a law enforcement agency shall be
considered resigned from said agency once appointed to the Commission: Provided,
further, That at least one (1) of the Commissioners shall be a woman. The Secretary of
the Department shall be the ex-officio Chairperson of the Commission, while the Vice
Chairperson shall act as the executive officer of the Commission."

Section 14. Powers and Functions of the Commission. ?

Section 5. Section 14 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 14. Powers and Functions of the Commission. – The Commission shall exercise the
following powers and functions:

"(a) Exercise administrative control and operational supervision over the


Philippine National Police which shall mean the power to:

"1) Develop policies and promulgate a police manual prescribing rules


and regulations for efficient organization, administration, and operation,
including criteria for manpower allocation, distribution and deployment,
recruitment, selection, promotion, and retirement of personnel and the
conduct of qualifying entrance and promotional examinations for
uniformed members;

"2) Examine and audit, and thereafter establish the standards for such
purposes on a continuing basis, the performance, activities, and facilities
of all police agencies throughout the country;

"3) Establish a system of uniform crime reporting;

"4) Conduct an annual self-report survey and compile statistical data for
the accurate assessment of the crime situation and the proper evaluation
of the efficiency and effectiveness of all police units in the country;

"5) Approve or modify plans and programs on education and training,


logistical requirements, communications, records, information systems,
crime laboratory, crime prevention and crime reporting;

"6) Affirm, reverse or modify, through the National Appellate Board,


personnel disciplinary actions involving demotion or dismissal from the
service imposed upon members of the Philippine National Police by the
Chief of the Philippine National Police;

"7) Exercise appellate jurisdiction through the regional appellate boards


over administrative cases against policemen and over decisions on claims
for police benefits;

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"8) Prescribe minimum standards for arms, equipment, and uniforms
and, after consultation with the Philippine Heraldry Commission, for
insignia of ranks, awards, and medals of honor. Within ninety (90) days
from the effectivity of this Act, the standards of the uniformed personnel
of the PNP must be revised which should be clearly distinct from the
military and reflective of the civilian character of the police;

"9) Issue subpoena and subpoena duces tecum in matters pertaining to


the discharge of its own powers and duties, and designate who among its
personnel can issue such processes and administer oaths in connection
therewith;

"10) Inspect and assess the compliance of the PNP on the established
criteria for manpower allocation, distribution, and deployment and their
impact on the community and the crime situation, and thereafter
formulate appropriate guidelines for maximization of resources and
effective utilization of the PNP personnel;

"11) Monitor the performance of the local chief executives as deputies of


the Commission; and

"12) Monitor and investigate police anomalies and irregularities.

"b) Advise the President on all matters involving police functions and
administration;

"c) Render to the President and to the Congress an annual report on its activities
and accomplishments during the thirty (30) days after the end of the calendar
year, which shall include an appraisal of the conditions obtaining in the
organization and administration of police agencies in the municipalities, cities
and provinces throughout the country, and recommendations for appropriate
remedial legislation;

"d) Recommend to the President, through the Secretary, within sixty (60) days
before the commencement of each calendar year, a crime prevention program;
and

"e) Perform such other functions necessary to carry out the provisions of this Act
and as the President may direct."

Section 15. Qualifications. ?

Section 6. Section 15 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 15. Qualifications. – No person shall be appointed regular member of the


Commission unless:

"(a) He or she is a citizen of the Philippines;

"(b) A member of the Philippine Bar with at least five (5) years experience in
handling criminal or human rights cases or a holder of a master's degree but
preferably a doctorate degree in public administration, sociology, criminology,
criminal justice, law enforcement, and other related disciplines; and

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"(c) The regular member coming from the law enforcement sector should have
practical experience in law enforcement work for at least five (5) years while the
three (3) other regular commissioners must have done extensive research work
or projects on law enforcement, criminology or criminal justice or members of a
duly registered non-government organization involved in the promotion of peace
and order."

Section 16. Term of Office. ?

Section 7. Section 16 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 16. Term of Office. – The four (4) regular and full-time Commissioners shall be
appointed by the President for a term of six (6) years without re-appointment or
extension."

Section 17. Temporary or Permanent Incapacity of the Chairman. ?

Section 9. Section 17 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 17. Temporary or Permanent Incapacity of the Chairperson. – In case of absence


due to the temporary incapacity of the chairperson, the Vice chair shall serve as
Chairperson until the Chairperson is present or regains capacity to serve. In case of
death or permanent incapacity or disqualification of the chairperson, the acting
chairperson shall also act as such until a new chairperson shall have been appointed by
the President and qualified."

Section 18. Removal from Office. ? The members of the Commission may be removed from
office for cause. All vacancies in the Commission, except through expiration of term, shall be
filled up for the unexpired term only: Provided, That any person who shall be appointed in this
case shall be eligible for regular appointment for another full term.

Section 19. Prohibitions. ? The Chairman and members of the Commission shall not engage in
the practice of any profession, or intervene, directly or indirectly, in the management and
control
of any private enterprise. They shall not, directly or indirectly, have any financial or material
interest in any transaction requiring the approval of their office.

Section 20. Organizational Structure. ?

Section 10. Section 20 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 20. Organizational Structure. – The Commission shall consist of the following units:

"(a) Commission Proper. – This is composed of the offices of the Chairman and
four (4) Commissioners.

"(b) Staff Services. – The staff services of the Commission shall be as follows:

"(1) The Planning and Research Service, which shall provide technical
services to the Commission in areas of overall policy formulation,
strategic and operational planning, management systems or procedures,
evaluation and monitoring of the Commission's programs, projects and
internal operations; and shall conduct thorough research and analysis on
social and economic conditions affecting peace and order in the country;

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"(2) The Legal Affairs Service, which shall provide the Commission with
efficient and effective service as legal counsel of the Commission; draft or
study contracts affecting the Commission and submit appropriate
recommendations pertaining thereto; and render legal opinions arising
from the administration and operation of the Philippine National Police
and the Commission;

"(3) The Crime Prevention and Coordination Service, which shall


undertake criminological researches and studies; formulate a national
crime prevention plan; develop a crime prevention and information
program and provide editorial direction for all criminology research and
crime prevention publications;

"(4) The Personnel and Administrative Service, which shall perform


personnel functions for the Commission, administer the entrance and
promotional examinations for policemen, provide the necessary services
relating to records, correspondence, supplies, property and equipment,
security and general services, and the maintenance and utilization of
facilities, and provide services relating to manpower, career planning and
development, personnel transactions and employee welfare;

"(5) The Inspection, Monitoring and Investigation Service, which shall


conduct continuous inspection and management audit of personnel,
facilities and operations at all levels of command of the PNP, monitor the
implementation of the Commission's programs and projects relative to
law enforcement; and monitor and investigate police anomalies and
irregularities;

"(6) The Installations and Logistics Service, which shall review the
Commission's plans and programs and formulate policies and procedures
regarding acquisition, inventory, control, distribution, maintenance and
disposal of supplies and shall oversee the implementation of programs on
transportation facilities and installations and the procurement and
maintenance of supplies and equipment; and

"(7) The Financial Service, which shall provide the Commission with staff
advice and assistance on budgetary and financial matters, including the
overseeing of the processing and disbursement of funds pertaining to the
scholarship program and surviving children of deceased and/or
permanently incapacitated PNP personnel.

"(c) Disciplinary Appellate Boards – The Commission shall establish a formal


administrative disciplinary appellate machinery consisting of the National
Appellate Board and the regional appellate boards.

"The National Appellate Board shall decide cases on appeal from decisions rendered by
the PNP chief, while the regional appellate boards shall decide cases on appeal from
decisions rendered by officers other than the PNP chief, the mayor, and the People's
Law Enforcement Board (PLEB) created hereunder."

Section 21. Regional Offices. ? The Commission shall establish, operate and maintain regional
offices headed by regional directors who shall implement the policies and programs of the
Commission in their respective regions. For administrative purposes, the regional offices of the
Commission shall be attached to the general offices of the Department.

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Subject to the standards that shall be prescribed by the Commission, the regional offices shall
likewise perform the functions of adjudication of benefit claims.

Section 22. Qualifications of Regional Directors. ?

Section 11. Section 22 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 22. Qualifications of Regional Directors. – No person shall be appointed regional director
unless:

"(a) He or she is a citizen of the Philippines; and

"(b) A holder of a master's degree and appropriate civil service eligibility."

CHAPTER III
A. THE PHILIPPINE NATIONAL POLICE ORGANIZATION

Section 23. Composition. ? Subject to the limitations provided for in this Act, the Philippine
National Police, hereinafter referred to as the PNP, is hereby established, initially consisting of
the members of the police forces who were integrated into the Integrated National Police (INP)
pursuant to Presidential Decree No. 765, and the officers and enlisted personnel of the
Philippine Constabulary (PC). For purposes of this Act, the officers and enlisted personnel of the
PC shall include those assigned with the Narcotics Command (NARCOM) or the Criminal
Investigation Service (CIS); and those of the technical services of the AFP assigned with the PC
and the civilian operatives of the CIS. The regular operatives of the abolished NAPOLCOM
Inspection, Investigation and Intelligence Branch may also be absorbed by the PNP. In addition,
a PC officer or enlisted personnel may transfer to any of the branches or services of the Armed
Forces of the Philippines in accordance with the provisions of Section 85 of this Act.
In order to be qualified for transfer to the PNP units in Metropolitan Manila and in highly
urbanized cities, an individual must have completed not less than second year collegiate work
or its equivalent in training of seventy-two (72) collegiate units.
Anyone who has any pending administrative or criminal case or has been adjudged liable or
convicted of any crime pending appeal shall be allowed to join the PNP provisionally without
prejudice to final judgment by a body of competent jurisdiction.
The permanent civilian employees of the present PC, INP, Narcotics Command, CIS, and the
technical services of the AFP assigned with the PC, including NAPOLCOM hearing officers
holding regular items as such, shall be absorbed by the Department as employees thereof,
subject to existing laws and regulations.

Section 24. Powers and Functions. ? The PNP shall have the following powers and functions:
(a) Enforce all laws and ordinances relative to the protection of lives and properties;
(b) Maintain peace and order and take all necessary steps to ensure public safety;
(c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to
justice and assist in their prosecution;
(d) Exercise the general powers to make arrest, search and seizure in accordance with the
Constitution and pertinent laws;
(e) Detain an arrested person for a period not beyond what is prescribed by law, informing the
person so detained of all his rights under the Constitution;
(f) Issue licenses for the possession of firearms and explosives in accordance with law;
(g) Supervise and control the training and operations of security agencies and issue licenses to
operate security agencies, and to security guards and private detectives, for the practice of
their professions; and
(h) Perform such other duties and exercise all other functions as may be provided by law.

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In addition, the PNP shall absorb the office of the National Action Committee on Anti-Hijacking
(NACAH) of the Department of National Defense, all the functions of the present Philippine Air
Force Security Command (PAFSECOM), as well as the police functions of the Coast Guard. In
order to perform its powers and functions efficiently and effectively, the PNP shall be provided
with adequate land, sea, and air capabilities and all necessary material means of resources.

Section 25. Organization. ? The PNP shall be headed by a Chief who shall be assisted by two
(2) deputy chief, one (1) for operations and one (1) for administration, both of whom shall be
appointed by the President upon recommendation of the Commission from among the most
senior and qualified officers in the service: Provided, however, That in no case shall any officer
who has retired or is retirable within six (6) months from his compulsory retirement age be
appointed as Chief of the PNP. The PNP shall be composed of a national office, regional offices,
provincial offices, district offices, city or municipal stations.
At the national level, the PNP shall maintain its office in Metropolitan Manila which shall house
the directorial staff, service staff and special support units.
At the regional level, the PNP shall have regional offices, including that of the National Capital
Region, which may be divided into two (2) separate regions without prejudice to the pertinent
provisions of the Organic Act for the Autonomous Regions of the Cordilleras and Muslim
Mindanao relative to the creation of a regional police force in the area of autonomy. Each of
these regional offices shall be headed by a regional director for peace and order.
At the provincial level, there shall be a PNP office, each headed by a provincial director. In the
case of large provinces, police districts may be established by the Commission to be headed by
a district director.
At the city or municipal level, there shall be a PNP station, each headed by a chief of police.
The Chief of the PNP shall, within sixty (60) days from the effectivity of this Act and in
accordance with the broad guidelines set forth herein, recommend the organizational structure
and staffing pattern of the PNP to the Commission.

Section 26. Powers, Functions and term of Office of the PNP Chief . ? The command and
direction of the PNP shall be vested in the Chief of the PNP who shall have the power to direct
and control tactical as well as strategic movements, deployment, placement, utilization of the
PNP or any of its units and personnel, including its equipment, facilities and other resources.
Such command and direction of the Chief of the PNP may be delegated to subordinate officials
with the respect to the units under their respective commands, in accordance with the rules
and regulation prescribed by the Commission. The Chief of the PNP shall also have the power to
issue detailed implementing policies and instructions regarding personnel, funds, properties,
records, correspondence and such other matters as may be necessary to effectivity carry out
the functions, powers and duties of the Bureau. The Chief of the PNP shall be appointed by the
President from among the senior officers down to the rank of chief superintendent, subject to
confirmation by the Commission on Appointments: Provided, That the Chief of the PNP shall
serve a term of office not to exceed four (4) years: Provided, further, That in times of war or
other national emergency declared by Congress, the President may extend such term of office.

Section 27. Manning Levels. ? On the average nationwide, the manning levels of the PNP shall
be approximately in accordance with a police-to-population ratio of one (1) policeman for every
five hundred (500) persons. The actual strength by cities and municipalities shall depend on the
state of peace and order, population density and actual demands of the service in the particular
area: Provided, That the minimum police-to-population ratio shall not be less than one (1)
policeman for every one thousand (1,000) persons: Provided, further, That urban areas shall
have a higher minimum police-to-population ratio as may be prescribed by regulations.

Section 28. Rank Classification. ? For purposes of efficient administration, supervision and
control, the rank classification of the members of the PNP shall be as follows:
Director General
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Deputy Director General
Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Police Officer IV
Senior Police Officer III
Senior Police Officer II
Senior Police Officer I
Police Officer III
Police Officer II
Police Officer I

Section 29. Key Positions. ? The head of the PNP with the rank director general shall have the
position title of Chief of the PNP. The second in command of the PNP with the rank of deputy
director general shall be the Deputy Chief of the PNP for Administration. The third in command
with the rank also of deputy director general shall be the Deputy Chief of the PNP for
Operations.
At the national office, the head of the directorial staff with the rank of deputy director general
shall be known as Chief of the Directorial Staff of the PNP.
The heads of the various staff divisions in the directorial staff shall have the rank of director
with the position title of Director of the Directorial Staff of their respective functional divisions.
The head of the Inspectorate Division with the rank of chief superintendent shall assume the
position title of Inspector General. The heads of the administrative and operational support
divisions shall have the rank of chief superintendent.
The head of the NCR with the rank of director shall assume the position title of NCR Director.
The heads of the regional offices with the rank of chief superintendent shall assume the
position title of Regional Director.
The heads of the NCR district offices with the rank of chief superintendent shall have the
position title of District Director.
The heads of provincial offices with the rank of senior superintendent shall be known as
Provincial Director.
The heads of the district offices with the rank of superintendent shall have the position title of
District Director.
The heads of the municipality or city offices with the rank of chief inspector shall be known as
Chief of Police.

Section 30. General Qualifications for Appointment.

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Section 14. Section 30 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 30. General Qualifications for Appointment. – No person shall be appointed as


officer or member of the PNP unless he or she possesses the following minimum
qualifications:

"a) A citizen of the Philippines;

"b) A person of good moral conduct;

"c) Must have passed the psychiatric/psychological, drug and physical tests to be
administered by the PNP or by any NAPOLCOM accredited government hospital
for the purpose of determining physical and mental health;

"d) Must possess a formal baccalaureate degree from a recognized institution of


learning;

"e) Must be eligible in accordance with the standards set by the Commission;

"f) Must not have been dishonorably discharged from military employment or
dismissed for cause from any civilian position in the Government;

"g) Must not have been convicted by final judgment of an offense or crime
involving moral turpitude;

"h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for
male and one meter and fifty-seven centimeters (1.57 m.) for female;

"i) Must weigh not more or less than five kilograms (5 kgs.) from the standard
weight corresponding to his or her height, age, and sex; and

"j) For a new applicant, must not be less than twenty-one (21) nor more than
thirty (30) years of age: except for the last qualification, the above-enumerated
qualifications shall be continuing in character and an absence of any one of them
at any given time shall be a ground for separation or retirement from the service:
Provided, That PNP members who are already in the service upon the effectivity
of this Act shall be given at least two (2) more years to obtain the minimum
educational qualification and one (1) year to satisfy the weight requirement.

"For the purpose of determining compliance with the requirements on physical and
mental health, as well as the non-use of prohibited drugs, the PNP by itself or through a
NAPOLCOM accredited government hospital shall conduct regular psychiatric,
psychological drug and physical tests randomly and without notice.

"After the lapse of the time period for the satisfaction of a specific requirement, current
members of the PNP who will fail to satisfy any of the requirements enumerated under
this Section shall be separated from the service if they are below fifty (50) years of age
and have served in Government for less than twenty (20) years or retired if they are
from the age of fifty (50) and above and have served the Government for at least twenty
(20) years without prejudice in either case to the payment of benefits they may be
entitled to under existing laws."

Section 31. Appointment of PNP Officers and Members. ? The appointment of the officers and
members of the PNP shall be effected in the following manner:

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(a) Police Officer I to Senior Police Officer IV . ? Appointed by the PNP regional director for
regional personnel or by the Chief of the PNP for the national headquarters personnel and
attested by the Civil Service Commission.
(b) Inspector to Superintendent. ? Appointed by the Chief of the PNP, as recommended by their
immediate superiors, attested by the Civil Service Commission;
(c) Senior Superintendent to Deputy Director General. ? Appointed by the President upon
recommendation of the chief of the PNP, with proper endorsement by the Chairman of the
Civil Service Commission and subject to confirmation by the Commission on
Appointments; and
(d) Director General. ? Appointed by the President from among the senior officers down to the
rank of chief superintendent in the service, subject to confirmation by the Commission on
Appointments: Provided, That the Chief of the PNP shall serve a tour of duty not to exceed four
(4) years: Provided, further, That, in times of war or other national emergency declared by
Congress, the President may extend such tour of duty.

Section 32. Examinations for Policemen. ?

Section 21. Section 32 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 32. Examinations of Policemen. – The National Police Commission shall administer
the entrance and promotional examinations for policemen on the basis of the standards
set by the Commission."

Section 33. Lateral Entry of Officers into the PNP. ? In general, all original appointments of
commissioned officers in the PNP shall commence with the rank of inspector, to include all
those with highly technical qualifications applying for the PNP technical services, such as
dentist, optometrists, nurses, engineers, and graduates of forensic sciences. Doctors of
medicine, members of the Bar, and chaplains shall be appointed to the rank of senior inspector
in their particular technical service. Graduates of the Philippine National Police Academy (PNPA)
shall be automatically appointed to the initial rank of inspector. Licensed criminologists may be
appointed to the rank of inspector to fill up any vacancy after promotions from the ranks are
completed.
Section 34. Qualifications of Chief of City and Municipal Police Stations.

Section 22. Section 34 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 34. Qualifications of Chief of City and Municipal Police Stations. – No person shall
be appointed chief of a city police station unless he/she is a graduate of Bachelor of
Laws or has finished all the required courses of a master's degree program in public
administration, criminology, criminal justice, law enforcement, national security
administration, defense studies, and other related disciplines from a recognized
institution of learning. No person shall be appointed chief of a municipal police station
unless he or she has finished at least second year Bachelor of Laws or has earned at
least twelve (12) units in a master's degree program in public administration,
criminology, criminal justice, law enforcement, national security administration, and
other related disciplines from a recognized institution of learning: Provided, That
members of the Bar with at least five (5) years of law practice, licensed criminologists or
graduates of the Philippine National Police Academy and who possess the general
qualifications for initial appointment to the PNP shall be qualified for appointment as
chief of a city or municipal police station: Provided, further, That the appointee has
successfully passed the required field training program and has complied with other
requirements as may be established by the Commission: Provided, furthermore, That

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the chief of police shall be appointed in accordance with the provisions of Section 51,
paragraph (b), subparagraph 4(i) of this Act."

Section 35. Support Units. ? The PNP shall be supported by administrative and operational
support units. The administrative support units shall consist of the Crime Laboratory, Logistic
Unit, Communications Unit, Computer Center, Finance Center and Civil Security Unit. The
operational support units shall be composed of the Maritime Police Unit, Police Intelligence
Unit, Police Security Unit, Criminal Investigation Unit, Special Action Force, Narcotics units,
Aviation Security Unit, Traffic Management Unit, the Medical and Dental Centers and the Civil
Relations Unit. To enhance police operational efficiency and effectiveness, the Chief of the PNP
may constitute such other support units as may be necessary subject to the approval of the
Commission: Provided, That no support unit headed by a chief superintendent or a higher rank
can be created unless provided by law.
(a) Administrative Support Units. ? (1) Crime Laboratory. There shall be established a central
Crime Laboratory to be headed by a Director with the rank of chief superintendent, which shall
provides scientific and technical investigative aid and support to the PNP and other government
investigative agencies.
It shall also provide crime laboratory examination, evaluation and identification of physical
evidences involved in crimes with primary emphasis on their medical, chemical, biological and
physical nature.
There shall be likewise be established regional and city crime laboratories as may be necessary
in all regions and cities of the country.
(2) Logistic Unit. ? Headed by a Director with the rank of chief superintendent, the
Logistics Unit shall be responsible for the procurement, distributions and management of all the
logistical requirements of the PNP including firearms and ammunition.
(3) Communications Unit. ? Headed by a Director with the rank of chief superintendent, the
Communications Unit shall be responsible for establishing an effective police communications
network.
(4) Computer Center. ? Headed by a Director with the rank of chief superintendent, the
Computer Center shall be responsible for the design, implementation and maintenance of a
database system for the PNP.
(5) Finance Center. ? Headed by a Director with the rank of chief superintendent, the Finance
Center shall be responsible for providing finance services to the PNP.
(6) Civil Security Unit. ? Headed by a Director with the rank of chief superintendent, the Civil
Security Unit shall provide administrative services and general supervision organization,
business operation and activities of all organized private detectives, watchmen, security guard
agencies and company guard houses. The unit shall likewise supervise the licensing and
registration of firearms and explosives. The approval applications for licenses to operate private
security agencies, as well as the issuance of licenses to security guards and the licensing of
firearms and explosives, shall be decentralized to the PNP regional offices.
(b) Operational Support Units. ? (1) Maritime Police Unit. Headed by a Director with the rank of
chief superintendent, the Maritime Police Unit shall perform all police functions over Philippine
territorial waters and rivers.
(2) Police Intelligence Unit. ? Headed by a Director with the rank of chief superintendent, the
Police Intelligence Unit shall serve as the intelligence and counterintelligence operating unit of
the PNP.
(3) Police Security Unit. ? Headed by a Director with the rank of chief superintendent, Police
Security Unit shall provide security for government officials, visiting dignitaries and private
individuals authorized to be given protection.
(4) Criminal Investigation Unit. ? Headed by a Director with the rank of chief superintendent,
the Criminal Investigation Unit shall undertake the monitoring, investigation and prosecution of
all crimes involving economic sabotage, and other crimes of such magnitude and extent as to
indicate their commission by highly placed or professional criminal syndicates and
organizations. This unit shall likewise investigate all major cases involving violations of the

13 | P a g e
Revised Penal Code and operate against organized crime groups, unless the President assigns
the case exclusively to the National Bureau of Investigation (NBI).
(5) Special Action Force. ? Headed by a Director with the rank of chief superintendent, the
Special Action Force shall function as a mobile strike force or reaction unit to augment regional,
provincial, municipal and city police forces for civil disturbance control, counterinsurgency,
hostage-taking rescue operations, and other special operations.
(6) Narcotics Unit. ? Headed by a Director with the rank of chief superintendent, the Narcotics
Unit shall enforce all laws relative to the protection of the citizenry against dangerous and other
prohibited drugs and substances.
(7) Aviation Security Unit. ? Headed by a Director with the rank of chief superintendent, the
Aviation Security Unit, in coordination with airport authorities, shall secure all the country's
airports against offensive and terroristic acts that threaten civil aviation, exercise operational
control and supervision over all agencies involved in airport security operation, and enforce all
laws and regulations relative to air travel protection and safety.
(8) Traffic Management Unit. ? Headed by a Director with the rank of chief superintendent, the
Traffic Management Unit shall enforce traffic laws and regulations.
(9) Medical and Dental Centers. ? Headed by a Director with the rank of chief superintendent,
the Medical and Dental Centers shall be responsible for providing medical and dental services
for the PNP.
(10) Civil Relations Units. ? Headed with a Director with the rank of chief superintendent, the
Civil Relations Unit shall implement plans and programs that will promote community and
citizens' participation in the maintenance of peace and order and public safety.

Section 36. Status of Members of the Philippine National Police. ?

Section 36. Section 36 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 36. Status of Members of the Philippine National Police. – The uniformed
members of the PNP shall be considered employees of the National Government and
shall draw their salaries therefrom. They shall have the same salary grade level as that
of public school teachers: Provided, That PNP members assigned in Metropolitan
Manila, chartered cities and first class municipalities may be paid financial incentive by
the local government unit concerned subject to the availability of funds."

B. PROFESSIONALISM, WELFARE AND BENEFITS


Section 37. Performance Evaluation System. ? There shall be established a performance
evaluation system which shall be administered in accordance with the rules, regulations and
standards, and a code of conduct promulgated by the Commission for members of the PNP.
Such performance evaluation system be administered in such a way as to foster the
improvement of individual efficiency and behavioral discipline as well as the promotion of
organizational effectiveness and respect for the constitutional and human rights of citizens,
democratic principles and ideals and the supremacy of civilian authority over the military.
The rating system as contemplated herein shall be based on standards prescribed by the
Commission and shall consider results of annual physical, psychological and neuropsychiatric
examinations conducted on the PNP officer or member concerned.

14 | P a g e
Section 38. Promotions. ?
Section 33. Section 38 (a) and (b) of Republic Act No. 6975 is hereby amended to read as
follows:

"SEC. 38. Promotions. – (a) A uniformed member of the PNP shall not be eligible for
What is promotion? It is an act of elevating personnel from a lower to a higher rank or position
promotion to a higher position or rank unless he or she has successfully passed the
either by regular or special process.
corresponding promotional examination given by the Commission, or the Bar, or the
corresponding
What are boardinexaminations
the requirements for technical services and other professions, has
regular promotion?
satisfactorily completed the appropriate and accredited course in the PNPA or
1. equivalent
The PNP member
trainingconcerned mustand
institutions, successfully passed thepassed
has satisfactorily corresponding promotional exam
the required
given by the commission, a bar exam, or a corresponding board examinations for technical
psychiatric/psychological and drug tests. In addition, no uniformed member of the PNP
services and other profession
shall be eligible for promotion during the pendency of his or her administrative and/or
2. Has satisfactorily completed the appropriate and accredited course in the PNPA or
criminal case
equivalent or unless
training he or she has been cleared by the People's Law Enforcement
institutions.
3. Board (PLEB), andpassed
Has satisfactorily the Office of the Ombudsman
the required of any complaints
psychiatric/psychological and drugproffered
test against him
4. orHas
her, if any.
been cleared by the PLEB and of the Office of the Ombudsman of any complaint
proffered against him or her.
"(b) Any uniformed member of the PNP who has exhibited acts of conspicuous
What are the requirements
courage and in special promotion?
gallantry at the risk of his/her life above and beyond the call of
1. The PNPduty, shall concerned
member be promoted to theacts
exhibited next
of higher rank:courage
conspicuous Provided,
andThat suchat
gallantry acts
riskshall
of be
his/hervalidated byand
life beyond theabove
Commission based
the call of duty on established criteria."
2. Such acts shall be validated by the Commission based on established criteria.

Section 39. Compulsory Retirement. ? Compulsory retirement, for officer and non-officer, shall
be upon the attainment of age fifty-six (56): Provided, That, in case of any officer with the rank
of chief superintendent, director or deputy director general, the Commission may allow his
retention in the service for an unextendible period of one (1) year.
Section 40. Optional Retirement. ? Upon accumulation of at least twenty (20) years of
satisfactory active service, an officer or non-officer, at his own request and with the approval of
the Commission, shall be retired from the service and entitled to receive benefits provided by
law.
C. ADMINISTRATIVE DISCIPLINARY MACHINERY
Section 41. (a) Citizen's Complaints. ?

Section 52. Section 41 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 41(a). Citizen's Complaints. – Any complaint by a natural or juridical person against
any member of the PNP shall be brought before the following:

"(1) Chiefs of Police, where the offense is punishable by withholding of


privileges, restriction to specified limits, suspension or forfeiture of salary, or any
combination thereof, for a period not exceeding fifteen (15) days;

"(2) Mayors of cities and municipalities, where the offense is punishable by


withholding of privileges, restriction to specified limits, suspension or forfeiture
of salary, or any combination thereof, for a period of not less than sixteen (16)
days but not exceeding thirty (30) days;

"(3) People's Law Enforcement Board, as created under Section 43 hereof, where
the offense is punishable by withholding of privileges, restriction to specified
limits, suspension or forfeiture of salary, or any combination thereof, for a
period exceeding thirty (30) days; or by dismissal.

"The Commission shall provide in its implementing rules and regulations a scale of
penalties to be imposed upon any member of the PNP under this Section.

15 | P a g e
"(b) Internal Discipline. – On dealing with minor offenses involving internal discipline
found to have been committed by any regular member of their respective commands,
the duly designated supervisors and equivalent officers of the PNP shall, after due notice
and summary hearing, exercise disciplinary powers as follows:

"(1) Chiefs of police or equivalent supervisors may summarily impose the


administrative punishment of admonition or reprimand; restriction to specified
limits; withholding of privileges; forfeiture of salary or suspension; or any of the
combination of the foregoing: Provided, That, in all cases, the total period shall
not exceed fifteen (15) days;

"(2) Provincial directors or equivalent supervisors may summarily impose


administrative punishment of admonition or reprimand; restrictive custody;
withholding of privileges; forfeiture of salary or suspension, or any combination
of the foregoing: Provided, That, in all cases, the total period shall not exceed
thirty (30) days;

"(3) Police regional directors or equivalent supervisors shall have the power to
impose upon any member the disciplinary punishment of dismissal from the
service. He may also impose the administrative punishment of admonition or
reprimand; restrictive custody; withholding of privileges; suspension or
forfeiture of salary; demotion; or any combination of the foregoing: Provided,
That, in all cases, the total period shall not exceed sixty (60) days;

"(4) The Chief of the PNP shall have the power to impose the disciplinary
punishment of dismissal from the service; suspension or forfeiture of salary; or
any combination thereof for a period not exceeding one hundred eighty (180)
days: Provided, further, That the chief of the PNP shall have the authority to
place police personnel under restrictive custody during the pendency of a grave
administrative case filed against him or even after the filing of a criminal
complaint, grave in nature, against such police personnel.

"(c) Exclusive Jurisdiction. – A complaint or a charge filed against a PNP member shall be
heard and decided exclusively by the disciplining authority who has acquired original
jurisdiction over the case and notwithstanding the existence of concurrent jurisdiction
as regards the offense: Provided, That offenses which carry higher penalties referred to
a disciplining authority shall be referred to the appropriate authority which has
jurisdiction over the offense.

"For purposes of this Act, a 'minor offense' shall refer to any act or omission not
involving moral turpitude, but affecting the internal discipline of the PNP, and shall
include, but not limited to:

"(1) Simple misconduct or negligence;

"(2) Insubordination;

"(3) Frequent absences and tardiness;

"(4) Habitual drunkenness; and

"(5) Gambling prohibited by law. (e5)

16 | P a g e
"(d) Forum shopping of multiple filing of complaints. – When an administrative
complaint is filed with a police disciplinary authority, such as the People's Law
Enforcement Board (PLEB), no other case involving the same cause of action shall be
filed with any other disciplinary authority.

"In order to prevent forum shopping or multiple filing of complaints, the complainant or
party seeking relief in the complaint shall certify under oath in such pleading, or in a
sworn certification annexed thereto and simultaneously filed therewith, to the truth of
the following facts and undertaking:

"(a) that he has not heretofore commenced any other action or proceeding
involving the same issues in other disciplinary forum;

"(b) that to the best of his knowledge, no such action or proceeding is pending in
other police administrative disciplinary machinery or authority;

"(c) that if there is any such action or proceeding which is either pending or may
have been terminated, he must state the status thereof; and

"(d) that if he should thereafter learn that a similar action or proceeding has
been filed or is pending before any other police disciplinary authority, he must
undertake to report that fact within five (5) days therefrom to the disciplinary
authority where the original complaint or pleading has been filed."

Section 42. Summary Dismissal Powers of the PNP Chief and Regional Directors. ?

Section 53. Section 42 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 42. Summary Dismissal Powers of the National Police Commission, PNP Chief and
PNP Regional Directors. – The National Police Commission, the chief of the PNP and PNP
regional directors, after due notice and summary hearings, may immediately remove or
dismiss any respondent PNP member in any of the following cases:

"(a) When the charge is serious and the evidence of guilt is strong;

"(b) When the respondent is a recidivist or has been repeatedly charged and
there are reasonable grounds to believe that he is guilty of the charges; and

"(c) When the respondent is guilty of a serious offense involving conduct


unbecoming of a police officer.

"Any member or officer of the PNP who shall go on absence without official leave
(AWOL) for a continuous period of thirty (30) days or more shall be dismissed
immediately from the service. His activities and whereabouts during the period shall be
investigated and if found to have committed a crime, he shall be prosecuted
accordingly."

Section 43. People's Law Enforcement Board (PLEB). ? (a) Creation and Functions.

Section 66. Paragraph (a), Section 43 of Republic Act No. 6975 is hereby amended to read as
follows:

17 | P a g e
"SEC. 43. People's Law Enforcement Board (PLEB). – (a) Creation and Functions – The
sangguniang panlungsod/bayan in every city and municipality shall create such number
of People's Law Enforcement Boards (PLEBs) as may be necessary: Provided, That there
shall be at least one (1) PLEB for every five hundred (500) city or municipal police
personnel and for each of the legislative districts in a city.

"The PLEB shall be the central receiving entity for any citizen's complaint against the
officers and members of the PNP. Subject to the provisions of Section 41 of Republic Act
No. 6975, the PLEB shall take cognizance of or refer the complaint to the proper
disciplinary or adjudicatory authority within three (3) days upon the filing of the
complaint."lawph!l.net

(b) Composition and Term of Office. ? The PLEB shall be composed of the following:
(1) Any member of the sangguniang panlungsod/bayan chosen by his respective sanggunian;
(2) Any barangay captain of the city or municipality concerned chosen by the association of
barangay captains; and

Section 67. Number (3) of Paragraph (b), Section 43 of Republic Act No. 6975 is hereby
amended to read as follows:

"(3) Three (3) other members who are removable only for cause to be chosen by the
local peace and order council from among the respected members of the community
known for their probity and integrity, one (1) of whom must be a woman and another a
member of the Bar, or, in the absence thereof, a college graduate, or the principal of the
central elementary school in the locality."

Section 68. The last paragraph of Section 43 (b)(3) of Republic Act No. 6975 shall be amended
to read as follows:

"The Chairman of the PLEB shall be elected from among its members. The term of office
of the members of the PLEB shall be for a period of three (3) years from assumption of
office. Such member shall hold office until his successor shall have been chosen and
qualified."

(c) Compensation ?

Section 69. Compensation and Benefits. – Paragraph c, Section 43 of Republic Act No. 6975
shall be amended to read as follows:

"(c) Compensation. – Membership in the PLEB is a civic duty. However, PLEB members shall be
paid per diem and shall be provided with life insurance coverage as may be determined by the
city or municipal council from city or municipal funds. The DILG shall provide for the per diem
and insurance coverage of PLEB members in certain low income municipalities."

(d) Procedure ? (1) The PLEB, by a majority vote of all its members and its Chairman shall
determine whether or not the respondent officer or member of the PNP is guilty of the charge
upon which the complaint is based.
(2) Each case shall be decided within sixty (60) days from the time the case has been filed with
the PLEB.
(3) The procedures in the PLEB shall be summary in nature, conducted in accordance with due
process, but without strict regard to technical rules of evidence.
(4) The Commission shall issue the necessary implementing guidelines and procedures to be
adopted by the PLEB, including graduated penalties which may be imposed by the PLEB.

18 | P a g e
(5) The Commission may assign the present NAPOLCOM hearing officers to act as legal
consultants of the PLEBs and provide, whenever necessary, legal services, assistance and advise
to the PLEBs in hearing and deciding cases against officers and members of the PNP, especially
those involving difficult questions of law: Provided, That these lawyers may also be assigned to
investigate claims for death and disability benefits of PNP members or their heirs.
(e) Decisions ? The decision of the PLEB shall become final and executory: Provided, That a
decision involving demotion or dismissal from the service may be appealed by either party with
the regional appellate board within ten (10) days from receipt of the copy of the decision.

Section 44. Disciplinary Appellate Boards. ? (e3)


Section 54. Section 44 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 44. Disciplinary Appellate Boards. – The formal administrative disciplinary


Note: Secmachinery of the
44 as amended byPNP shall
sec 54 of..be the National
is about Appellate
the Disciplinary Board Board.
Appellate and the regional appellate
boards.
What is DAB? It is the formal administrative disciplinary machinery and it is composed of RAB and NAB.
"The National Appellate Board shall be composed of the four (4) regular commissioners
What is the
andcomposition of NAB?
shall be chaired by NAB is composed
the executive of theThe
officer. 4 regular
Boardcommissioners.
shall consider appeals from
decisions of the Chief of the PNP.
Who is the chairman of the NAB? It is chaired by the executive officer who is the vice-chair of the commission.
"The National Appellate Board may conduct its hearings or sessions in Metropolitan
What is the function of NAB? It shall consider the decisions rendered by the Chief of the PNP.
Manila or any part of the country as it may deem necessary.
What is the composition of RAB? It is composed of one PNP member designated by the R.D. and one coming
from the "There
Regionalshall
Peacebeand
at least
Orderone (1) regional
Council appellatebyboard
who is appointed per administrative
the resolution region
of council and in thewho is
chairman
the Seniorcountry to the
Officer of be composed
NAPOLCOMof a senior
Regional officer of the regional Commission as Chairman
Office
and one (1) representative each from the PNP, and the regional peace and order council
as members.
What is the function of It shallItconsider
RAB? considersappeals fromdecisions
appeal from decisions of the regional
rendered by officersdirectors,
other thanother
the PNP Chief
officials,
such as the Regionalmayors, and
Director, the PLEBs:
Mayors Provided, That the Commission may create additional
and PLEB.
regional appellate boards as the need arises."

Section 45. Finality of Disciplinary Action. ? The disciplinary action imposed upon a member of
the PNP shall be final and executory: Provided, That a disciplinary action imposed by the
regional
As mentioned in secdirector
45 of.. theordisciplinary
by the PLEB actionsinvolving
imposeddemotion or dismissal
upon PNP members shallfrom the
be final andservice mayMEANING
executory; be it
cannot beappealed
reversed ortomodified.
the regional appellate board within ten (10) days from receipt of the copy of the
notice of decision: Provided, further, That the disciplinary action imposed by the Chief of the
In what instance the penalized PNP member may appeal his case in the DAB? When the decisions rendered by the
PNP involving demotion or dismissal may be appealed to the National Appellate Board within
administrative disciplinary machinery such as PLEB and CPNP is demotion or dismissal.
ten (10) days from receipt thereof: Provided, furthermore, That the regional or National
Appellate
The appellant Board,
has given howasmany the case
days may
to filebe,
hisshall decide
appeal to thethe appeal within
appropriate DAB? sixty (60) dayshas
The appellant from receipt
given 10days from
ofofthe
the receipt thenotice of to
decision appeal:
file his Provided,
appeal to thefinally, That failure
appropriate DAB. of the regional appellate board to act on
the appeal within said period shall render the decision final and executory without prejudice,
When willhowever,
the DAB issue
to theitsfiling
decision?
of anThe DAB by
appeal shall decide
either the appealed
party case within 60 days from the receipt of the
with the Secretary.
notice of appeal.

Is the decision of the DAB appealable? Yes. When? When the DAB failed to resolved the case within the period
prescribed by the law.

To whom the appellant may file his appeal? Secretary of the DILG.
Section 46. Jurisdiction in Criminal Cases. ? Any provision of law to the contrary
notwithstanding, criminal cases involving PNP members shall within the exclusive jurisdiction of
Which has
thethe exclusive
regular jurisdiction
courts: Provided,of That
criminal
thecases involving PNP
courts-martial members?
appointed Regulartocourts
pursuant such as MTC
Presidential and RTC
Decree
have anNo.
exclusive
1850 jurisdiction of criminal
shall continue to trycases involving
PC-INP PNP members.
members who have already been arraigned, to include
appropriate actions thereon by the reviewing authorities pursuant to Commonwealth Act No.

19 | P a g e
408, otherwise known as the Articles of War, as amended, and Executive Order No. 178,
otherwise known as the Manual for Courts-Martial: Provided, further, That criminal cases
against PC-INP members who may have not yet been arraigned upon the effectivity of this Act
shall be transferred to the proper city or provincial prosecutor or municipal trial court judge.

Section 47. Preventive Suspension Pending Criminal Case. ?

Section 55. Section 47 of Republic Act No. 6975 is hereby amended to read as follows:
Sec 47 as amended by sec 55 of ra 8551 tackles about preventive suspension pending criminal cases.
"Sec. 47. Preventive Suspension Pending Criminal Case. – Upon the filing of a complaint
orhappen
What will information
to PNPsufficient in formcriminal
member facing and substance
case beforeagainst a member
a competent of the
court? PNPbefor
He will grave
placed
felonies where
under preventive the penalty imposed by law is six (6) years and one (1) day or more, the
suspension.
court shall immediately suspend the accused from office for a period not exceeding
What is ninety
preventive
(90)suspension? It is an act of suspending
days from arraignment: a public officer
Provided, however, Thatwhile a case
if it can be against
shown himby is being
heard.
evidence that the accused is harassing the complainant and/or witnesses, the court may
In what order thethe
instance, preventive
respondentsuspension of the accused
will be subjected PNP member
to said preventive even if the
suspension. If thecharge is
crime committed
by the respondent is grave offense and the imposable penalty is 6 years and 1 day or more or even That
punishable by a penalty lower than six (6) years and one (1) day: Provided, further, when
theto
the penalty preventive
be imposed suspension shall not
upon the offense be moreisthan
committed lowerninety
than 6(90)
yearsdays
but except
there is ifa the delay
proof that in
the
the disposition of the case is due to the fault, negligence or petitions of the respondent:
respondent police officer is harassing the complainant or his/her witness.
Provided, finally, That such preventive suspension may be sooner lifted by the court in
Who will put him under preventive suspension? It is the court who will immediately suspend the accused
the exigency of the service upon recommendation of the chief, PNP. Such case shall be
from the office.
subject to continuous trial and shall be terminated within ninety (90) days from
How longarraignment of thesuspension?
is the preventive accused." The PNP member will be suspended for a period not exceeding 90
days from the time of arraignment. But it can be extended if the cause of the delay of the proceeding is the
fault, negligence or petition of the respondent. Also, the suspension can be lifted immediately by the court
in the exigency of service upon the recommendation of the CPNP.

Section 48. Entitlement to Reinstatement and Salary. ? A member of the PNP who may have
been suspended from office in accordance with the provisions of this Act or who shall have
What will happen if the respondent placed under preventive suspension was found not guilty of the charge or
been terminated or separated from office shall, upon acquittal from the charges against him, be
the case was been terminated/ dismissed? He is entitled to reinstatement (restoration) and to prompt
entitled to reinstatement and to prompt payment of salary, allowances and other benefits
payment of salary, allowances and other benefits withheld from him by reason of such suspension.
withheld from him by reason of such suspension or termination.

Section 49. Legal Assistance.

Section 56. Section 49 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 49. Legal Assistance. – The Secretary of Justice, the chairman of the Commission or
the Chief of the PNP may authorize lawyers of their respective agencies to provide legal
assistance to any member of the PNP who is facing before the prosecutor's office, the
court or any competent body, a charge or charges arising from any incident which is
related to the performance of his official duty: Provided, That government lawyers so
authorized shall have the power to administer oaths: Provided, further, That in such
cases, when necessary, as determined by the Commission, a private counsel may be
provided at the expense of the Government. The Secretary of Justice, the Chairman of
the Commission and the Chief of the PNP shall jointly promulgate rules and regulations
to implement the provisions of this Section."

Section 50. Power to Administer Oaths. ? Officials of the Commission who are appointed by the

20 | P a g e
President, as well as officers of the PNP from rank of inspector to senior superintendent, shall
have the power to administer oaths on matters which are connected with the performance of
their official duties.

D. PARTICIPATION OF LOCAL EXECUTIVES IN THE ADMINISTRATION OF THE PNP


Section 51. Powers of Local Government Officials Over the PNP Units or Forces. ? Governors and
Who are deputized
mayors shall as representatives
be deputized ofasNAPOLCOMrepresentativesin theirofrespective territorialinjurisdiction?
the Commission The local
their respective chief
territorial
executivesjurisdiction.
such as Mayors As such, the localGovernors.
and Provincial executives shall discharge the following functions:
(a) Provincial Governor ? (1) Power to Choose the Provincial Director. ? The provincial governor
What is the participation
shall choose the of provincial
the local executives
director in the administration
from a list of three of (3)the PNP? The
eligible GOVERNOR has:
recommended 1.)power
by the PNP
to choose regional
the PNP Provincial
director. director from the list (3)eligible recommended by the PNP Regional Director; 2.) as a
chairman of(2)the provincial the
Overseeing peace and orderPublic
Provincial council he shall
Safety Plan oversee the implementation
Implementation. of the provincial
? The governor, public of
as chairman
safety planthe
taking into considerations
provincial peace andthe develop
order and establish
council, community
shall oversee the public safety plan ofofthethe
implementation local peace and
provincial
public
order council safety
chaired by plan, which is prepared taking into consideration the integrated community safety
the Mayor.
plans, as provided under paragraph(b) (2) of this section.
MAYOR has: (b) 1.) power
City to choose the
and Municipal Chief of
Mayors Police
? (1) from the list
Operational of 5 eligibleand
Supervision recommended
Control. The bycity
the and
Provincial
municipal
Director; 2.) as the chairman of the local peace and order council he is in-charge
mayors shall exercise operational supervision and control over PNP units in their respectiveof developing and establishing an
integratedjurisdiction
community safetyexceptplans
duringto be
the implemented
thirty (30) by daythe members
period of the PNPpreceding
immediately in his respective
and the locality;
thirty3.)(30)
Sponsors the
days periodic seminars
following any for the members
national, of thebarangay
local and PNP assigned in his locality,
elections. Duringforthe themsaidto be updated
period, the local
regarding police
the local ordinances
forces shall beandunder
legislations; 4.)he has an
the supervision and administrative
control of the disciplinary
Commission power;on5.) he has an
Elections.
operational(2)supervision
Integratedand Community
control over Safety Plans. ? assigned
PNP members The municipal/city mayor shall, in coordination with
in his jurisdiction.
the local peace and order council of which he is the chairman pursuant to Executive Order No.
What is operational supervisiondevelop
309, as amended, and control?and Itestablish
is the power an to direct, superintend,
integrated and oversee
area/community the day-to-day
public safety plan
functions of
embracing priorities of action and program thrusts for implementation by the localthe
police investigation of crime, crime prevention activities, and traffic control and power to direct PNP
employment and deployment
stations. of units orbe
It shall, likewise, elements
the duty of theofPNP,
the through
city or the station commander,
municipal to ensure periodic
mayor to sponsor public
safety andseminars
effective maintenance
for members of of
peace
theand PNPorder within or
assigned thedetailed
locality. in his city or municipality in order to
update them regarding local ordinances and legislations.
What are the other powers of the Mayor? 1.)he may recommend the recall or reassignment of the chief of police
(3) Administrative Disciplinary Powers. ? In the areas of discipline, city and municipal mayors
when, in its perception,
shall have thethe latter has
powers been ineffective
to impose, after due in combating
notice andcrime or maintaining
summary hearings, peace and order
disciplinary in the city
penalties
or municipality .(RELEIVED)
for minor offenses2. Authority
committed to recommend
by members to of
thethePNP
provincial directortothe
assigned transfer,
their reassignment
respective or detail
jurisdictions,
of PNP members outside of their respective
as provided in Section 41 of this Act. city or town residences. 3. Authority to recommend the appointment of
new members of thePowers.
(4) Other PNP to be ? assigned to their respective cities or municipalities.
Section 63. Section 51 (b) (4) of Republic Act No. 6975 is hereby amended to read as follows:
Note: The operational supervision and control of the local chief executives will be transferred to the COMELEC 30
DAYS before the election and Powers.
"(4) Other 30 DAYS after the election.
In addition to the aforementioned powers, city and municipal
mayors shall have the following authority over the PNP units in their respective
"The control and supervision of anti-gambling operations shall be within the jurisdiction of local government
jurisdictions:
executives."
"(i) Authority to choose the chief of police from a list of five (5) eligibles
recommended by the provincial police director, preferably from the same
province, city or municipality: Provided, however, That in no case shall an officer-
in-charge be designated for more than thirty (30) days: Provided, further, That
the local peace and order council may, through the city or municipal mayor,
recommend the recall or reassignment of the chief of police when, in its
perception, the latter has been ineffective in combating crime or maintaining
peace and order in the city or municipality: Provided, finally, That such relief
shall be based on guidelines established by the NAPOLCOM;

21 | P a g e
"(ii) Authority to recommend to the provincial director the transfer,
reassignment or detail of PNP members outside of their respective city or town
residences; and

"(iii) Authority to recommend from a list of eligibles previously screened by the


peace and order council the appointment of new members of the PNP to be
assigned to their respective cities or municipalities without which no such
appointments shall be attested: Provided, That whenever practicable and
consistent with the requirements of the service, PNP members shall be assigned
to the city or municipality of their residence.

"The control and supervision of anti-gambling operations shall be within the jurisdiction
of local government executives."

Section 62. The provisions of the second, third, fourth and fifth paragraphs of subparagraph (b)
(1), Section 51, Chapter III-D of Republic Act No. 6975 are hereby amended to read as follows:

"The term 'operational supervision and control' shall mean the power to direct,
superintend, and oversee the day-to-day functions of police investigation of crime,
crime prevention activities, and traffic control in accordance with the rules and
regulations promulgated by the Commission.

"It shall also include the power to direct the employment and deployment of units or
elements of the PNP, through the station commander, to ensure public safety and
effective maintenance of peace and order within the locality. For this purpose, the
terms 'employment' and 'deployment' shall mean as follows:

"'Employment' refers to the utilization of units or elements of the PNP for purposes of
protection of lives and properties, enforcement of laws, maintenance of peace and
order, prevention of crimes, arrest of criminal offenders and bringing the offenders to
justice, and ensuring public safety, particularly in the suppression of disorders, riots,
lawlessness, violence, rebellious and seditious conspiracy, insurgency, subversion or
other related activities.

"'Deployment' shall mean the orderly and organized physical movement of elements or
units of the PNP within the province, city or municipality for purposes of employment as
herein defined."

Section 52. Suspension of Operational Supervision and Control. ?

Section 65. Section 52 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. given
Is the deputation 52. Suspension
to the localor Withdrawal
chief executivesofcan
Deputation. – Unless
be suspended reversed Yes.
or withdrawn? by the President,
the Commission may, after consultation with the provincial governor and congressman
Who may withdraw or suspend the deputation? The commission after consultation with the governor and
concerned, suspend or withdraw the deputation of any local executive for any of the
congressman may suspend or withdraw the deputation given to the local chief executives.
following grounds:
In what instance the said deputation be withdrawn or suspended? If the local executives committed the
following acts: "(a) Frequent unauthorized absences;

"(a) "(b) Abuse


frequent of authority;
unauthorized absences;
"(b) Abuse of authority;
"(c) "(c) Providing
Providing material
material support
support to criminal
to criminal elements;
elements; or or
"(d) Engaging in acts inimical to national security or which negate the effectiveness of the
peace and order campaign.
22 | P a g e
Who may restore the deputation? The president upon good cause shown through the commission may
restore the said deputation.
"(d) Engaging in acts inimical to national security or which negate the
effectiveness of the peace and order campaign.

"Upon good cause shown, the President may, directly or through the Commission, motu
proprio restore such deputation withdrawn from any local executive."

CHAPTER IV
BUREAU OF FIRE PROTECTION
Section 53. Composition. ? The Bureau of Fire Protection, hereinafter referred to as the Fire
Bureau, is hereby created initially consisting of the existing officers and uniformed members of
the fire service of the Integrated National Police as constituted under Presidential Decree No.
765.
Section 54. Powers and Functions. ? The Fire Bureau shall be responsible for the prevention and
suppression of all destructive fires on buildings, houses and other structures, forest, land
transportation vehicles and equipment, ships or vessels docked at piers or wharves or anchored
in major seaports, petroleum industry installations, plane crashes and other similar incidents, as
well as the enforcement of the Fire Code and other related laws.
The Fire Bureau shall have the power to investigate all causes of fires and, if necessary, file the
proper complaints with the city or provincial prosecutor who has jurisdiction over the case.
Section 55. Organization. ? The Fire Bureau shall be headed by a chief who shall be assisted by
a deputy chief. It shall be composed of provincial offices, district offices and city or municipal
stations.
At the provincial level, there shall be an office of the provincial fire marshall which shall
implement the policies, plans and programs of the Department; and monitor, evaluate and
coordinate the operations and activities of the fire service operating units at the city and
municipal levels. In the case of large provinces, district offices may be established, to be headed
by a district fire marshall.
At the city or municipal level, there shall be a fire station, each headed by a city or municipal
fire marshall: Provided, That, in the case of large cities and municipalities, a district office with
subordinate fire stations headed by a district fire marshall may be organized as necessary.
The Fire Chief shall recommended to the Secretary the organizational structure and staffing
pattern, as well as the disciplinary machinery for officers and men of the Bureau, in accordance
with the guidelines set forth herein and as provided in Section 85 of this Act.
The local government units at the city and municipal levels shall be responsible for the fire
protection and various emergency services such as rescue and evacuation of injured people at
fire-related incidents and, in general, all fire prevention and suppression measures to secure
the safety of life and property of the citizenry.
Section 56. Establishment of Fire Station. ? There shall be established at least one (1) fire
station with adequate personnel, firefighting facilities and equipment in every provincial capital,
city and municipality subject to the standards, rules and regulations as may be promulgated by
the Department. The local government unit shall, however, provide the necessary and or site of
the station.
Section 57. Qualification Standards. ? The qualification standards of the members of the Fire
Bureau shall be as prescribed by the Department based on the requirement of the service.
Section 58. Rank Classification. ? For purposes of efficient administration, supervision and
control, the rank classification of the members of the Fire Bureau shall be as follows:
Director
Chief Superintendent

23 | P a g e
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Fire Officer IV
Senior Fire Officer III
Senior Fire Officer II
Senior Fire Officer I
Fire Officer III
Fire Officer II
Fire Officer I
Section 59. Key Positions. ? The head of the Fire Bureau with the rank of director shall have the
position title of Chief of the Fire Bureau. He shall be assisted by a deputy chief with the rank of
chief superintendent.
The assistant heads of the Department's regional offices with the rank of senior superintendent
shall assume the position title of Assistant Regional Director for Fire Protection as provided in
Section 11 of this Act; the heads of the NCR district offices with the rank of senior
superintendent shall have the position title of District Fire Marshall; the heads of the provincial
offices with the rank of superintendent shall be known as Provincial Fire Marshall; the heads of
the district offices with the rank of chief inspector shall have the position title of District Fire
Marshall; and the heads of the municipal or city stations with the rank of senior inspector shall
beknown as Chief of Municipal/City Fire Station.

CHAPTER V
BUREAU OF JAIL MANAGEMENT AND PENOLOGY

Section 60. Composition. ? The Bureau of Jail Management and Penology, hereinafter referred
to as the Jail Bureau, is hereby created initially consisting of officers and uniformed members of
the Jail Management and Penology Service as constituted under Presidential Decree No. 765.

Section 61. Powers and Functions. ? The Jail Bureau shall exercise supervision and control over
all city and municipal jails. The provincial jails shall be supervised and controlled by the
provincial government within its jurisdiction, whose expenses shall be subsidized by the
National Government for not more than three (3) years after the effectivity of this Act.

Section 62. Organization. ? The Jail Bureau shall be headed by a Chief who shall be assisted
by a deputy chief. The jail Bureau shall composed of city and municipal jails, each headed by a
city or municipal jail warden: Provided, That, in the case of large cities and municipalities, a
district jail with subordinate jails headed by a district jail warden may be established as
necessary.
The Chief of the Jail Bureau shall recommended to the Secretary the organizational structure
and staffing pattern of the Bureau as well as the disciplinary machinery for officers and men of
the Bureau in accordance with the guidelines set forth herein and as prescribed in Section 85 of
this Act.
Section 63. Establishment of District, City or Municipal Jail. ? There shall be established and
maintained in every district, city and municipality a secured, clean adequately equipped and
sanitary jail for the custody and safekeeping of city and municipal prisoners, any fugitive from
justice, or person detained awaiting investigation or trial and/or transfer to the national
penitentiary, and/or violent mentally ill person who endangers himself or the safety of others,
duly certified as such by the proper medical or health officer, pending the transfer to a medical
institution.
The municipal or city jail service shall preferably be headed by a graduate of a four (4) year
course in psychology, psychiatry, sociology, nursing, social work or criminology who shall assist
24 | P a g e
in the immediate rehabilitation of individuals or detention of prisoners. Great care must be
exercised so that the human rights of this prisoners are respected and protected, and their
spiritual and physical well-being are properly and promptly attended to.

Section 64. Rank Classification. ? For purpose of efficient administration, supervision and
control, the rank classification of the members of the Jail Bureau shall be as follows:
Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Jail Officer IV
Senior Jail Officer III
Senior Jail Officer II
Senior Jail Officer I
Jail Officer III
Jail Officer II
Jail Officer I
Section 65. Key Positions. ? The head of the Jail Bureau with the rank of director shall have the
position title of Chief of Jail Bureau. He shall be assisted by a deputy chief with the rank of chief
superintendent.
The assistant heads of the Department's regional offices with the rank of senior superintendent
shall assume the position title of Assistant Regional Director of Jail Management and Penology
as provided by Section 12 of this Act; the heads of district offices with the rank of chief
inspector shall have the position title of District Jail Warden; and the heads of the city or
municipal stations with the rank of senior inspector shall be known as City/Municipal Jail
Warden.
CHAPTER VI
THE PHILIPPINE PUBLIC SAFETY COLLEGE
Section 66. Creation of the Philippine Public Safety College. ? There is hereby created the
Philippine
Sec Public
66 discusses about Safety College
the Phil. Public(PPSC), which shall be the premier educational institution for
Safety College….
the training, human resource development and continuing education of all personnel of the
What
PNP,is Fire
PPSC?andIt is the
Jail premier educational institution for the training, human resource development and
Bureaus.
Said College shall be all
continuing education of under the direct
personnel of thesupervision of a Board of Trustees composed of the
PNP, BFP, BJMP.
Secretary and the three (3) bureau heads.
What is the Composition of PPSC? PPSC is composed of the PNPA, Fire Service Training Center, Philippine
National
SectionTraining Center and National
67. Composition, PowersPolice
andCollege and other
Functions. ? Thespecial training
College centers
shall as maybe
consist of thecreated
presentby
the Department.
Philippine National Police Academy (PNPA) established pursuant to Section 13 of Presidential
Decree No. 1184, the Fire Service Training Center, the Philippine National Training Center
What are functions of the PPSC? 1.) Formulate and implement training programs for the personnel of the
(PNTC), the National Police College, and other special training centers as may be created by the
department ; 2.) establish and maintain adequate physical training facilities; 3. Develop and implement
Department, whose functions shall be as follows: (e5)
research and development to support educational training programs ; 4.) Conduct an assessment of the
training needs of all its clientele; 5.) Perform such other related functions as may be prescribed by the
(a) Formulate and implement training programs for the personnel of the Department;
Secretary
(b) Establish and maintain adequate physical training facilities;
(c) The
Note: Develop
PPSC isand
underimplement research of
the direct supervision and
the development to the
Board of Trustees: support
Board iseducational
composed of training
the
programs;
Secretary and 3 Chief of the Bureau
(d) Conduct an assessment of the training needs of all its clientele; and
(e) Perform such other related functions as may be prescribed by the Secretary.

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

25 | P a g e
CHAPTER VII
COMMON PROVISIONS FOR UNIFORMED PERSONNEL

Section 69. Incentives and Awards. ? There shall be established an incentives and awards
system which shall be administered by a board under such rules, regulations and standards as
Whobe
may shall promulgate by
promulgated rules,
theregulations
Department: and standards
Provided,toThatbe administered in presenting
equivalent awards shall awards and
be given by
the Department
incentives? for every award
The Department. duly
It is also thegiven byofrespectable
concern civictoorganizations
the department in a nationwide
provide leadership and
selection
assistancefor
in outstanding achievement
developing health and welfareand/or performance
programs of any member.
for its personnel.

Section 70. Health and Welfare. ? It shall be the concern of the Department to provide
leadership and assistance in developing health and welfare programs for its personnel.
The heads of all bureaus and other offices created under this Act shall take all proper steps
towards the creation of an atmosphere conducive to a good supervisor-subordinate
relationship and the improvement of personnel morale. (e4)

WhatSection 71. Longevity


are allowances Pay and
and incentives Allowances.
usually received?byUniformed personnel
the uniformed of of
members thethe
Department
Bureaus? shall be
entitled to a longevity pay of ten percent (10%) of their basic monthly salaries for every five (5)
yearspay-
Longevity of service, whichto
it is equivalent shall
10%be of reckoned from the
the basic monthly date of
salaries andthe personnel's
is given for everyoriginal appointment
five years of
activeinservice.
the AFP,
Theortotality
appointment in the
of the said police,
payment firenot
shall jailexceed
or other50%allied
of theservices to the integration of the
basic pay.
PC and the INP: Provided, That the totality of such longevity pay shall not exceed fifty percent
Subsistence
(50%) allowance,
of the basic quarters allowance,
pay. They shall clothing allowance,
also continue cost ofthe
to enjoy living allowance, hazard
subsistence pay, and
allowance, all
quarters
otherallowance,
allowances as provided
clothing by existing
allowance laws.
cost of living allowance, hazard pay, and all other allowances as
provided by existing laws. (E2)

Section 72. Active Service. ? For purposes of this Act, active service of the uniformed personnel
shall refer to services rendered as an officer and non-officer, cadet, trainee or draftee in the
To better understand the provision of the preceding section, active service shall refer to services rendered as an
PNP, Fire or Jail Force or in the municipal police prior to the integration of the PC-INP or in the
officer and non-officer, cadet, trainee or draftee in the PNP, Fire or Jail Force or in the municipal police prior to the
AFP, and services rendered as a civilian official or employee in the Philippine Government prior
integration of the PC-INP or in the AFP, and services rendered as a civilian official or employee in the Philippine
to the date of separation or retirement from the PNP, Fire or Jail Force: Provided, That, for
Government prior to the date of separation or retirement from the PNP, Fire or Jail Force
purposes of retirement he shall have rendered at least ten (10) years of active service as officer
or non-officer in the AFP, and /or in the INP and/or in the PNP, Fire or Jail Force: Provided,
further, That services rendered as cadet, probationary officer, trainee or draftee in the AFP or
as cadet or trainee in the INP and PNP shall be credited for purposes of longevity pay: Provided,
finally, That, for cadet services, the maximum number of service to be credited shall not exceed
the duration of the pre-commissionship course specified in the curriculum.

Section 73. Permanent Physical Disability. ?

Section 35. Section 73 of the same Act is hereby amended to read as follows:

What will happen to PNP personnel who suffered from permanent and total disability as a result of the
performance of his/her duty?

"SEC. 73. Permanent Physical Disability. – An officer or non-officer who is permanently


and totally disabled as a result of injuries suffered or sickness contracted in the
performance of his duty as duly certified by the National Police Commission, upon
finding and certification by the appropriate medical officer, that the extent of the
disability or sickness renders such member unfit or unable to further perform the duties
of his position, shall be entitled to one year's salary and to lifetime pension equivalent
to eighty percent (80%) of his last salary, in addition to other benefits as provided under
existing laws.

26 | P a g e
"Should such member who has been retired under permanent total disability under this
section die within five (5) years from his retirement, his surviving legal spouse or if there
be none, the surviving dependent legitimate children shall be entitled to the pension for
the remainder of the five (5) years guaranteed period."

Section 74. Retirement in the Next Higher Grade. ? Uniformed personnel covered under this Act
Whatshall, for purposes
is retirement in nextof retirement
higher pay,
grade? For be retired
purpose in one (1)
of retirement pay,grade
a PNP higher than
uniformed the permanent
personnel be retired in one
grade
(1) grade last than
higher held:the
Provided,
permanentThat theylast
grade have served for at least one (1) year of active service in the
held.
permanent grade.
Who is entitled to the retirement in the next higher grade? Those PNP members who served for at least one (1) year
of active service in the permanent grade.

Section 75. Retirement Benefits. ?

Section 34. Section 75 of the same Act is hereby amended to read as follows:

"SEC. 75. Retirement Benefits. – Monthly retirement pay shall be fifty percent (50%) of
the base pay and longevity pay of the retired grade in case of twenty (20) years of active
How much is the retirement benefits of the uniformed member of the PNP? It is 50% of the base pay and
service, increasing by two and one-half percent (2.5%) for every year of active service
longevity pay of the retired
rendered grade
beyond in case(20)
twenty of 20 yearstoofa active
years maximumservice.
of Increasing by 2.5%
ninety percent for every
(90%) year of active
for thirty-six
service beyond
(36)20years
yearsoftoactive
a maximum
service ofand
90%over:
for 36Provided,
years of active
That,service. The uniformed
the uniformed personnel
personnel shall shall
havehave
the option tothe
receive in advance
option to receiveandininadvance
lump sum hisinretirement
and lump sumpay hisfor the first 5 years.
retirement pay for the first five (5)
years: Provided, further, That payment of the retirement benefits in lump sum shall be
made within six (6) months from effectivity date of retirement and/or completion:
Provided, finally, That retirement pay of the officers/non-officers of the PNP shall be
subject to adjustments based on the prevailing scale of base pay of police personnel in
the active service."

Section 76. Death and Disability Benefits. ? A uniformed personnel and/or his heirs shall be
entitled to all benefits relative to the death or permanent incapacity of said personnel, as
What are thefor
provided death andthis
under disability benefits
Act, and/or awarded
other to the
existing beneficiaries of a PNP member?
laws.
1. Gratuity fee equivalent to decedent’s one (1) year salary
2. Burial expenses equivalent to decedent’s three(3) months basic salary
3. Reimbursement of reasonable expenses for medicines, medical attendance and hospital fees
4. Restoration of deducted leave credits for absences incurred by reason of the sickness or injury
contracted or sustained while in the performance of official duties.

Aside from the pension, what are the other benefits that may be given to the pensioner or his/her
beneficiaries?

1. Entitlement to payment of medicines, medical attendance and hospital fees, however, it is subjected to
the auditing rules and regulations
2. The surviving spouse of the deceased or permanently incapacitated police shall be given priority in
employment in a government agency or office where her/his qualifications are fitted. If the latter is
employed, the privilege shall be granted to qualified son or daughter.
3. All surviving children of the deceased or permanently incapacitated police shall be extended
scholarship up to college

27 | P a g e
Section 77. Exemption from Attachment and Taxes. ? All benefits granted by this Act, including
benefits received from the Government Service Insurance System, shall not be subject to
attachment, levy, execution or any tax of whatever nature.

Section 78. Uniformed Personnel Missing in Action. ? Any uniformed personnel who while in the
performance of duty or by reason of his being an officer or member of the PNP, Fire or Jail
What will happen
Force, to theconfirmed
is officially uniformed missing
personnel who was
in action, officially confirmed
kidnapped or captured missing in action,
by lawless kidnapped
elements shall, or
captured by lawless
while elements?
so absent, He entitled
be entitled to receive
to receive or toor to have
have credited
credited to account
to his his account thethe
samesame
paypay and
and
allowances
allowances to whichto which such officer
such officer or uniformed
or uniformed member member was entitled
was entitled at the at theoftime
time the of the incident:
incident.
Provided, That the compulsory retirement of a person missing in action shall be processed to
Who will
allowbe the
benefitted
members to of
such
thepayment?
next of kinTheto heirs
enjoyofthe
theretirement
uniformedbenefits:
personnel. Provided, further, That
should the Chief of the PNP, Fire or Jail Force, as the same may be, upon the recommendation
How long willproper
of the the heirs be benefitted?
authority Maximumsupervisor,
and/or immediate period of 1 subsequently
year. determine that the officer
or uniformed member concerned have been absent from duty without authority, such member
What is the consequence if the personnel are found to have been alive and is not entitled for
or his heirs shall reimburse the PNP, Fire or Jail Force all such amount and allowances received
benefits? Theinsaid
by him benefits shall
accordance be reimbursed
with this section andto the
the State within
following six (6) months from the discovery of
section.
the fact or his reappearance. However, if his continued disappearance was fraudulent or made in bad
faith he shall, together
Section 79. Paymentwith of
hisSalary
co-conspirators, be prosecuted
and Allowances according
to the Heirs to law. Personnel. ? In case
of Uniformed
any uniformed personnel has been officially confirmed as missing in action under any of the
circumstances provided in the preceding section, the Chief of the PNP, Fire or Jail Force, as the
case may be, shall direct payment of the absent uniformed personnel's monthly salary and
allowances and other emoluments pertinent thereto his/her heirs for their support for a
maximum period of one (1) year from the date of commencement of absent or when last heard
from as those kidnapped or captured by lawless elements.

Section 80. Finding of Death and Termination of Payment of Salary and Allowances. ? Upon the
termination of the one (1) year period as specified in the preceding section, the missing
uniformed personnel shall be automatically terminated. In the event said personnel shall
thereafter be found to have been alive and is not entitled to the benefits paid under the
preceding sections of this Act, said benefits shall be reimbursed to the State within six (6)
months from the discovery of the fact or his reappearance. However, if his continued
disappearance was fraudulent or made in bad faith he shall, together with his co-conspirators,
be prosecuted according to law. (e5)

Section 81. Complaints and Grievances. ? Uniformed personnel shall have the right to present
complaints and grievances to their superiors or commanders and have them heard and
The whom will the personnel bring their complaints and grievances? To their superior or commander. The
adjudicated as expeditiously as possible in the best interest of the service, with due regard to
said complaint shall be heard expeditiously and with due regard to due process. Complaints or grievances
due process in every case. Such complaints or grievances shall be resolved at the lowest
shall be resolved at the lowest possible level in the unit of command and the respondent shall have the right
possible level in the unit of command and the respondent shall have the right to appeal from an
to appeal from an adverse decision to higher authorities.
adverse decision to higher authorities.

Section 82. Prohibitions; Penalties. ? As professional police, fire and jail officers and members
responsible for the maintenance of peace and order and public safety, the members and
What areofficers of the PNP,
the prohibited acts Fire or Jail
that the Force are
uniformed herebyshould
personnel prohibited
refrainfrom engaging in Engaging
from committing? strikes, rallies,
in
strikes,demonstrations and other
rallies, demonstrations similar
and other concerted
similar activities,
concerted activities,ororperforming otheracts
performing other acts prejudicial
prejudicial to to
good order and police
good order and police discipline. discipline.
Any PNP, fire or Jail Force member found guilty by final judgment of violating the provisions of
What isthethepreceding
penalty imposable
paragraphin case of be
shall committing
dismissedsuch acts the
from indicated in the
service preceding
without question?
prejudice Dismissal
to whatever
criminal or civil liability he may have incurred in relation to such violations.
from service.

CHAPTER VIII
TRANSITORY PROVISIONS

28 | P a g e
Section 83. Secretary of the Department of Local Government on Holdover Capacity. ? The
incumbent Secretary of the Department of Local Government shall perform the functions of the
Secretary of the Interior and Local Government on holdover capacity until such time when a
new Secretary shall have been appointed by the President and confirmed by the Commission
on Appointments.

Section 84. Special Oversight Committee. ? A special Over-sight Committee is hereby created,
composed of the Secretary as Chairman, the Secretary of Budget and Management as Co-
chairman, the Secretary of National defense, the incumbent PC-INP Director General, the
incumbent Chairman of the Civil Service Commission, the respective Chairmen of the
Committee on Local Government and the Committee on National Defense and Security in the
Senate, and the respective Chairmen of the Committee on Public Order and Security and the
Committee on National Defense in the House of Representatives, as members, which shall plan
and oversee the expeditious implementation of the transfer, merger and/or absorption into the
Department of the personnel, property, appropriations and installations of involved agencies.

Section 85. Phases of Implementation. ? The implementation of this Act shall be undertaken in
three (3) phases, to wit:
Phase I ? Exercise of option by the uniformed members of the Philippine Constabulary, the PC
elements assigned with the Narcotics Command, CIS, and the personnel of the technical
services of the AFP assigned with the PC to include the regular CIS investigating agents and the
operatives and agents of the NAPOLCOM Inspection, Investigation and Intelligence Branch, and
the personnel of the absorbed National Action Committee on Anti-Hijacking (NACAH) of the
Department of National Defense to be completed within six (6) months from the date of the
effectivity of this Act. At the end of this phase, all personnel from the INP, PC; AFP Technical
Services, NACAH and NAPOLCOM Inspection, Investigation and Intelligence Branch shall have
been covered by official orders assigning them to the PNP, Fire and Jail Forces by their
respective units.
Phase II ? Approval of the table of organization and equipment of all bureaus and offices
created under this Act, preparation and filling up of their stalling pattern, transfer of assets to
the Department and organization of the Commission, to be completed within twelve (12)
months from the effectivity date hereof. At the end of this phase, all personnel to be absorbed
by the Department shall have been issued appointment papers, and the organized Commission
and the PNP shall be fully operational. The PC officers and enlisted personnel who have not
opted to join the PNP shall be reassigned to the Army, Navy or Air Force, or shall be allowed to
retire under existing AFP rules and regulations. Any PC-INP officer or enlisted personnel may,
within the twelvemonth period from the effectivity of this Act, retire and be paid retirement
benefits corresponding to a position two (2) ranks higher than his present grade, subject to the
conditions that at the time he applies for retirement, he has rendered at least twenty (20) years
of service and still has, at most, twenty-four (24) months of service remaining before the
compulsory retirement age as provided by existing law for his office.
Phase III ? Adjustment of ranks and establishment of one (1) lineal roster of officers and
another for non-officers, and the rationalization of compensation and retirement systems;
taking into consideration the existing compensation schemes and retirement and separation
benefit systems of the different components of the PNP, to ensure that no member of the PNP
shall suffer any diminution in basic longevity and incentive pays, allowances and retirement
benefits due there before the creations of the PNP, to be completed within eighteen (18)
months from the effectivity of this Act. To accomplish the task of Phase III, the Commission shall
create a Board of officers composed of the following: NAPOLCOM Commissioner as Chairman
and one (1) representative each for the PC, Budget and Management.
Upon the effectivity of this Act, the Secretary shall exercise administrative supervision as well as
operational control over the transferred, merged and/or absorbed AFP and INP units. The
incumbent Director General of the PC-INP shall continue to act as Director General of the PNP
until such time as he shall have been replaced by the President.
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Section 86. Assumption by the PNP of Police Functions. ? The PNP shall absorb the functions of
the PC, the INP and the Narcotics Command upon the effectivity of this Act. All functions of the
PAFSECOM and the police functions of the Coast Guard shall be taken over by the PNP when it
acquires the capability to perform such functions after the transition period of eighteen (18)
months. The personnel of the PAFSECOM or the Coast Guard shall, within the transition period,
have the option to join the PNP or remain with the PAFSECOM or the Coast Guard, as the case
may be.

Section 87. Absorption by the Department of the National Action Committee on Anti-Hijacking.
The Department shall absorb the National Action Committee on Anti-Hijacking under the
Department of National Defense, and the transfer of assets, personnel and accountabilities of
this office to the Department shall proceed in accordance with the provisions of this chapter.

Section 88. Transfer, Merger, and Absorption of Offices and Personnel. ? All properties,
equipment, finances of the transferred and absorbed agencies, including their respective
accountabilities, are hereby transferred to the Department.
The transfer, merger and/or absorption of any government office/unit concerned shall include
the functions, appropriations, funds, records, equipment, facilities, choses in action, rights,
other assets, and liabilities, if any, of the transferred Office/unit as well as the personnel
thereof, who shall; unless removed for cause and after due process; in a holdover capacity,
continue to perform their respective duties and responsibilities and receive their corresponding
salaries and benefits. Those personnel of the transferred, merged, and/or absorbed office/unit
whose positions are not included in the new position structure and staffing pattern approved by
the Department or who are not reappointed shall be given preference to join the Department
or any of the offices thereunder or shall be allowed to retire under existing laws, rules and
regulations.
Otherwise, they shall be deemed separated and paid gratuity equivalent to one and one-fourth
(11/4) months basic salary for every year of service or a fraction thereof.
The personnel of the existing Department of Local Government shall, unless removed for cause
and after due process, continue to perform their duties and responsibilities and shall receive
their corresponding salaries and benefits.
The heads of the various bureaus and offices created under this Act shall, within six (6) months
from the effectivity of this Act, recommended the organizational structure and staffing pattern
of their bureaus, and offices for approval by the Secretary.

Section 89. Compulsory Retirement for INP Members. ? Any provision hereof to the contrary
notwithstanding and within the transition period of four (4) years following the effectivity of
this Act, the following members of the INP shall be considered compulsorily retired:
(a) Those who shall attain the age of sixty (60) on the first year of the effectivity of this Act.
(b) Those who shall attain the age of fifty-nine (59) on the second year of the effectivity of this
Act; and
(c) Those who shall attain the age of fifty-eight (58) on the third year of the effectivity of this
Act.
(d) Those who shall attain the age of fifty-seven (57) on the fourth year of the effectivity of this
Act.

Section 90. Status of Present NAPOLCOM, PC-INP. ? Upon the effectivity of this Act, the present
National Police Commission, and the Philippine Constabulary-Integrated National Police shall
cease to exist. The Philippine Constabulary, which is the nucleus of the integrated
Philippine Constabulary-Integrated National Police, shall cease to be a major service of the
Armed Forces of the Philippines. The Integrated National Police, which is the civilian component
of the Philippine Constabulary-Integrated National Police, shall cease to be the national police
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force and in lieu thereof, a new police force shall be established and constituted pursuant to
this Act.
CHAPTER IX
FINAL PROVISIONS

Section 91. Application of Civil Service Laws. ? The Civil Service Law and its implementing rules
and regulations shall apply to all personnel of the Department.

Section 92. Funding. ? For purpose of organizing and constituting the Department, and for
carrying out the provisions of this Act, the appropriations of the abolished, transferred or
reconstituted offices for the current fiscal year shall be transferred to the Department.
Thereafter, such as may be necessary to carry out the provisions of this Act shall be included in
the annual General Appropriations Act.

Section 93. Implementing Rules and Regulations. ? Within ninety (90) days from his
appointment, the Secretary shall promulgate rules and regulations necessary to ensure the
effective implementation of this Act.

Section 94. Separability Clause. ? If any portion or provision of this Act is declared
unconstitutional, the same shall not effect the validity and effectivity of the other provisions not
affected thereby.

Section 95. Repealing Clause. ? All laws, decrees, executive orders, rules and regulations, and
other issuances or parts thereof which are inconsistent with this Act hereby repealed, amended
or modified accordingly.
The provisions of Executive Order No. 262 shall remain valid insofar as they are not inconsistent
with the provisions of this Act.

Section 96. Effectivity. ? This Act shall take effect after fifteen (15) days following its publication
in two (2) national newspapers of general circulation.
Approved: December 13, 1990

Republic Act No. 8551 February 25, 1998

AN ACT PROVIDING FOR THE REFORM AND REORGANIZATION OF THE PHILIPPINE NATIONAL
POLICE AND FOR OTHER PURPOSES, AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT
NUMBERED SIXTY-NINE HUNDRED AND SEVENTY-FIVE ENTITLED, "AN ACT ESTABLISHING THE
PHILIPPINE NATIONAL POLICE UNDER A RE-ORGANIZED DEPARTMENT OF THE INTERIOR AND
LOCAL GOVERNMENT, AND FOR OTHER PURPOSES"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled::

TITLE I
TITLE AND DECLARATION OF POLICY

Section 1. Title. – This Act shall be known as the "Philippine National Police Reform and
Reorganization Act of 1998".

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Section 2. Declaration of Policy and Principles. – It is hereby declared the policy of the State to
establish a highly efficient and competent police force which is national in scope and civilian in
character administered and controlled by a national police commission.

The Philippine National Police (PNP) shall be a community and service oriented agency
responsible for the maintenance of peace and order and public safety.

The PNP shall be so organized to ensure accountability and uprightness in police exercise of
discretion as well as to achieve efficiency and effectiveness of its members and units in the
performance of their functions.

Section 12. Qualifications Upgrading Program. – The Commission shall design and establish a
qualifications upgrading program for the members of the Commission in coordination with the
Civil Service Commission, the Department of Education, Culture and Sports and the Commission
on Higher Education through a distance education program and/or an in-service education
program or similar programs within ninety (90) days from the effectivity of this Act: Provided,
That those who are already in the service from the effectivity of this Act shall have five (5) years
to obtain the required degree or qualification counted from the implementation of the
qualifications upgrading program.

Section 13. Authority of the Commission to Reorganize the PNP. – Notwithstanding the
provisions of Republic Act No. 6975 on the organizational structure and rank classification of
the PNP, the Commission shall conduct a management audit, and prepare and submit to
Congress a proposed reorganization plan of the PNP not later than December 31, 1998, subject
to the limitations provided under this Act and based on the following criteria: a) increased
police visibility through dispersal of personnel from the headquarters to the field offices and by
the appointment and assignment of non-uniformed personnel to positions which are purely
administrative, technical, clerical or menial in nature and other positions which are not actually
and directly related to police operation; and b) efficient and optimized delivery of police
services to the communities.

The PNP reorganization program shall be approved by Congress through a joint resolution.

Section 15. Waivers for Initial Appointments to the PNP. – The age, height, weight, and
educational requirements for initial appointment to the PNP may be waived only when the
number of qualified applicants fall below the minimum annual quota: Provided, That an
applicant shall not be below twenty (20) nor over thirty-five (35) years of age: Provided, further,
That any applicant not meeting the weight requirement shall be given reasonable time but not
exceeding six (6) months within which to comply with the said requirement: Provided,
furthermore, That only applicants who have finished second year college or have earned at
least seventy-two (72) collegiate units leading to a bachelor's decree shall be eligible for
appointment: Provided, furthermore, That anybody who will enter the service without a
baccalaureate degree shall be given a maximum of four (4) years to obtain the required
educational qualification: Provided, finally, That a waiver for height requirement shall be
automatically granted to applicants belonging to the cultural communities.

Section 16. Selection Criteria Under the Waiver Program. – The selection of applicants under
the Waiver Program shall be subject to the following minimum criteria:

a) Applicants who possess the least disqualification shall take precedence over those
who possess more disqualifications.

b) The requirements shall be waived in the following order: (a) age, (b) height, (c)
weight, and (d) education.

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The Commission shall promulgate rules and regulations to address other situations arising from
the waiver of the entry requirements.

Section 17. Nature of Appointment Under a Waiver Program. – Any PNP uniformed personnel
who is admitted due to the waiver of the educational or weight requirements shall be issued a
temporary appointment pending the satisfaction of the requirement waived. Any member who
will fail to satisfy any of the waived requirements within the specified time periods under
Section 13 of this Act shall be dismissed from the service.

Section 18. Re-application of Dismissed PNP Members Under a Waiver Program. – Any PNP
member who shall be dismissed under a waiver program shall be eligible to re-apply for
appointment to the PNP: Provided, That he or she possesses the minimum qualifications under
Section 14 of this Act and his or her reappointment is not by virtue of another waiver program.

Section 19. The Field Training Program. – All uniformed members of the PNP shall undergo a
Field Training Program for twelve (12) months involving actual experience and assignment in
patrol, traffic, and investigation as a requirement for permanency of their appointment.

Section 20. Increased Qualifications for Provincial Directors. – No person may be appointed
Director of a Provincial Police Office unless:

a) he or she holds a master's degree in public administration, sociology, criminology,


criminal justice, law enforcement, national security administration, defense studies, or
other related discipline from a recognized institution of learning; and

b) has satisfactorily passed the required training and career courses necessary for the
position as may be established by the Commission.

Any PNP personnel who is currently occupying the position but lacks any of the qualifications
mentioned above shall be given three (3) years upon the effectivity of this Act to comply with
the requirements; otherwise he or she shall be relieved from the position.

Section 23. Qualifications Upgrading Program. – The Commission shall design and establish a
qualifications upgrading program for the Philippine National Police officers and members in
coordination with the Civil Service Commission, and the Commission on Higher Education
through a distance education program and/or an in-service education program or other similar
programs within ninety (90) days from the effectivity of this Act.

Section 24. Attrition System. – There shall be established a system of attrition within the
uniformed members of the PNP within one (1) year from the effectivity of this Act to be
submitted by the PNP to the Commission for approval. Such attrition system shall include but is
not limited to the provisions of the following sections.

Section 25. Attrition by Attainment of Maximum Tenure in Position. – The maximum tenure of
PNP members holding key positions is hereby prescribed as follows:

POSITION MAXIMUM TENURE


Chief four (4) years
Deputy Chief four (4) years
Director of the Staff Services four (4) years
Regional Directors six (6) years

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Provincial/City Directors nine (9) years

Other positions higher than Provincial Director shall have the maximum tenure of six (6) years.
Unless earlier separated, retired or promoted to a higher position in accordance with the PNP
Staffing Pattern, police officers holding the above-mentioned positions shall be compulsorily
retired at the maximum tenure in position herein prescribed, or at age fifty-six (56), whichever
is earlier: Provided, That in times of war or other national emergency declared by Congress, the
President may extend the PNP Chief's tour of duty: Provided, further, That PNP members who
have already reached their maximum tenure upon the effectivity of this Act may be allowed
one (1) year more of tenure in their positions before the maximum tenure provided in this
Section shall be applied to them, unless they shall have already reached the compulsory
retirement age of fifty-six (56), in which case the compulsory retirement age shall prevail.

Except for the Chief, PNP, no PNP member who has less than one (1) year of service before
reaching the compulsory retirement age shall be promoted to a higher rank or appointed to any
other position.

Section 26. Attrition by Relief. – A PNP uniformed personnel who has been relieved for just
cause and has not been given an assignment within two (2) years after such relief shall be
retired or separated.

Section 27. Attrition by Demotion in Position or Rank. – Any PNP personnel, civilian or
uniformed, who is relieved and assigned to a position lower than what is established for his or
her grade in the PNP staffing pattern and who shall not be assigned to a position commensurate
to his or her grade within eighteen (18) months after such demotion in position shall be retired
or separated.

Section 28. Attrition by Non-promotion. – Any PNP personnel who has not been promoted for
a continuous period of ten (10) years shall be retired or separated.

Section 29. Attrition by Other Means. – A PNP member or officer with at least five (5) years of
accumulated active service shall be separated based on any of the following factors:

a) inefficiency based on poor performance during the last two (2) successive annual
rating periods;

b) inefficiency based on poor performance for three (3) cumulative annual rating
periods;

c) physical and/or mental incapacity to perform police functions and duties; or

d) failure to pass the required entrance examinations twice and/or finish the required
career courses except for justifiable reasons.

Section 30. Retirement or Separation Under the Preceding Sections. – Any personnel who is
dismissed from the PNP pursuant to Sections 25, 26, 27, 28 and 29 hereof shall be retired if he
or she has rendered at least twenty (20) years of service and separated if he or she has
rendered less than twenty (20) years of service unless the personnel is disqualified by law to
receive such benefits.

Section 31. Rationalized Promotion System. – Within six (6) months after the effectivity of this
Act, the Commission shall establish a system of promotion for uniformed and non-uniformed
personnel of the PNP which shall be based on merits and on the availability of vacant positions

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in the PNP staffing pattern. Such system shall be gender fair and shall ensure that women
members of the PNP shall enjoy equal opportunity for promotion as that of men.

Section 32. Promotion by Virtue of Position. – Any PNP personnel designated to any key
position whose rank is lower than that which is required for such position shall, after six (6)
months of occupying the same, be entitled to a rank adjustment corresponding to the position:
Provided, That the personnel shall not be reassigned to a position calling for a higher rank until
after two (2) years from the date of such rank adjustment: Provided, further, That any
personnel designated to the position who does not possess the established minimum
qualifications therefor shall occupy the same temporarily for not more than six (6) months
without reappointment or extension.

Section 37. Early Retirement Program. – Within three (3) years after the effectivity of this Act,
any PNP officer or non-commissioned officer may retire and be paid separation benefits
corresponding to a position two (2) ranks higher than his or her present rank subject to the
following conditions:

a) that at the time he or she applies for retirement, he or she has already rendered at
least ten (10) years of continuous government service;

b) the applicant is not scheduled for separation or retirement from the service due to
the attrition system or separation for cause;

c) he or she has no pending administrative or criminal case; and

d) he or she has at least three (3) more years in the service before reaching the
compulsory retirement age and at least a year before his or her maximum tenure in
position.

Section 38. Rationalization of Retirement and Separation Benefits. – The Commission shall
formulate a rationalized retirement and separation benefits schedule and program within one
(1) year from the effectivity of this Act for approval by Congress: Provided, That the approved
schedule and program shall have retroactive effect in favor of PNP members and officers retired
or separated from the time specified in the law, unless the retirement or separation is for cause
and the decision denies the grant of benefits.

TITLE V
INTERNAL AFFAIRS SERVICE

Section 39. Creation, Powers, and Functions. – An Internal Affairs Service (IAS) of the PNP is
hereby created which shall:

a) pro-actively conduct inspections and audits on PNP personnel and units;

b) investigate complaints and gather evidence in support of an open investigation;

c) conduct summary hearings on PNP members facing administrative charges;

d) submit a periodic report on the assessment, analysis, and evaluation of the character
and behavior of PNP personnel and units to the Chief PNP and the Commission;

e) file appropriate criminal cases against PNP members before the court as evidence
warrants and assist in the prosecution of the case;

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f) provide assistance to the Office of the Ombudsman in cases involving the personnel of
the PNP.

The IAS shall also conduct, motu proprio, automatic investigation of the following cases:

a) incidents where a police personnel discharges a firearm;

b) incidents where death, serious physical injury, or any violation of human rights
occurred in the conduct of a police operation;

c) incidents where evidence was compromised, tampered with, obliterated, or lost while
in the custody of police personnel;

d) incidents where a suspect in the custody of the police was seriously injured; and

e) incidents where the established rules of engagement have been violated.

Finally, the IAS shall provide documents or recommendations as regards to the promotion of
the members of the PNP or the assignment of PNP personnel to any key position.

Section 40. Organization. – National, regional, and provincial offices of the Internal Affairs shall
be established. Internal Affairs Service shall be headed by an Inspector General who shall be
assisted by a Deputy Inspector General. The area offices shall be headed by a Director while the
provincial offices shall be headed by a Superintendent: Provided, That the head of the Internal
Affairs Service shall be a civilian who shall meet the qualification requirements provided herein.

The commission shall establish a rationalized staffing pattern in the Reorganization Plan as
provided for in Section 13 hereof.

Section 41. Appointments. – The Inspector General shall be appointed by the President upon
the recommendation of the Director General and duly endorsed by the Commission.
Appointments of personnel who shall occupy various positions shall be made by the Inspector
General and shall be based on an established career pattern and criteria to be promulgated by
the Commission.

Section 42. Entry Qualifications to IAS. – Entry to the Internal Affairs Service shall be voluntary
and subject to rigid screening where only PNP personnel who have at least five (5) years
experience in law enforcement and who have no derogatory service records shall be considered
for appointment: Provided, That members of the Bar may enter the service laterally.

Section 43. Initial Appointments to the National, Directorial, and Provincial Internal Affairs
Service Offices. – Initial appointments of the heads of the offices in the Internal Affairs Service
shall be made by the President upon recommendation by the Commission. Thereafter,
appointments and promotions to the Service shall follow the established requirements and
procedures.

Section 44. Promotions. – The Commission shall establish the promotion system within the IAS
which shall follow the general principles of the promotion system in the PNP.

Section 45. Prohibitions. – Any personnel who joins the IAS may not thereafter join any other
unit of the PNP. Neither shall any personnel of the IAS be allowed to sit in a committee
deliberating on the appointment, promotion, or assignment of any PNP personnel.

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Section 46. Career Development and Incentives. – (1) Personnel of the Internal Affairs Service
shall in addition to other allowances authorized under existing laws be granted occupational
specialty pay which shall not exceed fifty percent (50%) of their basic pay. This pay shall not be
considered a forfeiture of other remuneration and allowances which are allowed under existing
laws.

(2) IAS members shall also have priorities in the quota allocation for training and education.

Section 47. Records Management of the IAS. – Local Internal Affairs Offices shall be responsible
for the maintenance and update of the records of the members of the PNP within their
jurisdiction.

When a PNP personnel is reassigned or transferred to another location or unit outside the
jurisdiction of the current Internal Affairs Office, the original records of such personnel shall be
transferred over to the Internal Affairs Office that will acquire jurisdiction over the transferred
personnel while copies will be retained by the former Internal Affairs Office. In cases where a
PNP personnel has been relieved of his/her position and has not been given an assignment, the
Internal Affairs Office where the person has been assigned last shall continue to have
jurisdiction over his or her records until such time that the officer or member shall have been
given a new assignment where the records will be forwarded to the Internal Affairs Office
acquiring jurisdiction over the PNP personnel.

Section 48. Inclusion of Supervisors and Superiors in IAS Investigations. – The immediate
superior or supervisor of the personnel or units being investigated under the preceding section
shall be automatically included in the investigation of the IA to exclusively determine lapses in
administration or supervision.

Section 49. Disciplinary Recommendations of the IAS. – (a) Any uniformed PNP personnel
found guilty of any of the cases mentioned in Section 39 of this Act and any immediate superior
or supervisor found negligent under Section 48 shall be recommended automatically for
dismissal or demotion, as the case may be.

(b) Recommendations by the IAS for the imposition of disciplinary measures against an
erring PNP personnel, once final, cannot be revised, set-aside, or unduly delayed by any
disciplining authority without just cause. Any disciplining authority who fails to act or
who acts with abuse of discretion on the recommendation of the IAS shall be made
liable for gross neglect of duty. The case of erring disciplinary authority shall be
submitted to the Director General for proper disposition.

Section 50. Appeals. – Decisions rendered by the provincial inspectors shall be forwarded to
the area internal affairs office for review within ten (10) working days upon the receipt thereof.
Decisions of the area office may be appealed to the national office through the Office of
Inspector General. Decisions rendered by the National IAS shall be appealed to the National
Appellate Board or to the court as may be appropriate: Provided, That the summary dismissal
powers of the Director General and Regional Directors as provided in Section 42 of Republic Act
No. 6975 shall remain valid: Provided, further, That the existing jurisdiction over offenses as
provided under Republic Act No. 6975 shall not be affected.

Section 51. Complaints Against the IAS. – A complaint against any personnel or office of IAS
shall be brought to the Inspector General's Office or to the Commission as may be appropriate.

TITLE VII
CREATION OF WOMEN'S DESKS IN ALL POLICE STATIONS AND THE FORMULATION OF A
GENDER SENSITIVITY PROGRAM

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Section 57. Creation and Functions. – The PNP shall establish women's desks in all police
stations throughout the country to administer and attend to cases involving crimes against
chastity, sexual harassment, abuses committed against women and children and other similar
offenses: Provided, That municipalities and cities presently without policewomen will have two
(2) years upon the effectivity of this Act within which to comply with the requirement of this
provision.

Section 58. Prioritization of Women for Recruitment. – Within the next five (5) years, the PNP
shall prioritize the recruitment and training of women who shall serve in the women's desk.
Pursuant to this requirement, the PNP shall reserve ten percent (10%) of its annual recruitment,
training, and education quota for women

Section 59. Gender Sensitivity Program. – The Commission shall formulate a gender sensitivity
program within ninety (90) days from the effectivity of this Act to include but not limited to the
establishment of equal opportunities for women in the PNP, the prevention of sexual
harassment in the workplace, and the prohibition of discrimination on the basis of gender or
sexual orientation.

Section 60. Administrative Liability. – Any personnel who shall violate the established rules and
regulations regarding gender sensitivity and gender equality shall be suspended without pay for
not less than thirty (30) days and shall undergo gender sensitivity seminar or training: Provided,
That any personnel who violates the rules more than twice shall be recommended for demotion
or dismissal from the PNP.

Section 61. Non-prohibition for Promotion. – Nothing in this title shall be construed as a
restriction on the assignment of policewomen to other positions in the PNP nor shall any
provisions of this title be used for the non-promotion of a PNP female personnel to higher
position.

Section 71. Request for Preventive Suspension. – The PLEB may ask any authorized superior to
impose preventive suspension against a subordinate police officer who is the subject of a
complaint lasting up to a period as may be allowed under the law. A request for preventive
suspension shall not be denied by the superior officer in the following cases:

a) when the respondent refuses to heed the PLEB's summons or subpoena;

b) when the PNP personnel has been charged with offenses involving bodily harm or
grave threats,

c) when the respondent is in a position to tamper with the evidence; andlawphil.net

d) when the respondent is in a position to unduly influence the witnesses.

Any superior who fails to act on any request for suspension without valid grounds shall be held
administratively liable for serious neglect of duty.

TITLE X
TRANSITORY PROVISIONS

Section 72. Transition. – The provisions on the reorganization and the civilianization of the PNP
and the devolution of police capabilities to the local police forces shall be effected within three
(3) years after the effectivity of this Act.

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TITLE XI
FINAL PROVISIONS

Section 73. Rules and Regulations. – Unless otherwise provided in this Act, the Commission in
coordination with the Philippine National Police and the Department of the Interior and Local
Government, shall promulgate rules and regulations for the effective implementation of this
Act. Such rules and regulations shall take effect upon their publication in three (3) newspapers
of general circulation.

Section 74. Appropriations. – The amount necessary to carry out the provisions of this Act is
hereby authorized to be appropriated in the General Appropriations Act of the year following
its enactment into law and thereafter.

Section 75. Repealing Clause. – All laws, presidential decrees, letters of instructions, executive
orders, rules and regulations insofar as they are inconsistent with this Act, are hereby repealed
or amended as the case may be.

Section 76. Separability Clause. – In case any provision of this Act or any portion thereof is
declared unconstitutional by a competent court, other provisions shall not be affected thereby.

Section 77. Effectivity Clause. – This Act shall take effect after its complete publication in at
least three (3) newspapers of general circulation.

Approved: February 25, 1998

TIME IN GRADE

Experience or time-in grade was maintained as follows; 4 years for Police Officer 1 to be
promoted to Police Officer II; 3 years for Police Officer II to be promoted to Police Officer III and
Senior Police Officer IV to be promoted to P/Inspector; 4 years for P/Inspector to be promoted
to P/Senior Inspector; 5 years for P/Senior Inspector to be promoted to P/Chief Inspector and
P/Chief Inspector to be promoted to P/Superintendent; 3 years for P/Superintendent to be
promoted to P/Senior Superintendent; 2 years for P/Senior Superintendent to be promoted to
P/ Chief Superintendent. Required appropriate trainings were also set based on the rank levels.

ELANIE D. MANUBAY
Instructor I

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