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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1184
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PRESIDENTIAL DECREE NO. 1184 -
INTEGRATED NATIONAL POLICE PERSONNEL PROFESSIONALIZATION LAW OF 1977
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chanroblesvirtualawlibrary
WHEREAS,
Presidential Decree No. 765, dated August 8, 1975, constituted the
Integrated National Police with the Philippine Constabulary as nucleus
and all city and municipal police and fire departments and jails as
components to facilitate the establishment of a cohesively organized
and effectively directed police organization; chanroblesvirtualawlibrary
WHEREAS, in order to accelerate the upgrading and professionalization
of the police and fire services and promote career development therein,
it is imperative that there be established uniform INP personnel
development standards to maintain a superior safety force;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree as part of the laws of the
land, the following:cralaw:red
ARTICLE I
TITLE
Section 1. This Decree shall be known as the
"Integrated National Police Personnel Professionalization Law of 1977."
ARTICLE II
DECLARATION OF PURPOSE
Section 2. It is hereby declared to be the policy and
purpose of this Decree to establish a comprehensive personnel
development program in order to maintain a competent Integrated
National Police that is efficient, professional and loyal to the
interest of the public.
ARTICLE III
RANKS AND STRENGTH
Section 3. Ranks in the Integrated National Police. —
For the purpose of efficient administration, uniformity and discipline,
the ranks or grades of the members of the Integrated National Police
shall be as indicated below:cralaw:red
a. The ranks of police personnel shall be as
follows: chanroblesvirtualawlibrary
Police Brigadier General
Police Colonel
Police Lieutenant Colonel
Police Major
Police Captain
Police Lieutenant
Police Sergeant
Police Corporal
Patrolman/Patrolwoman First Class
Patrolman/Patrolwoman
b. The ranks of the fire service personnel shall be
as follows:
Fire Brigadier General
Fire Colonel
Fire Lieutenant Colonel
Fire Major
Fire Captain
Fire Lieutenant
Fire Sergeant
Fire Corporal
Fireman First Class
Fireman
Section 4. Police Strength. — The strength of
policemen in a city or municipality shall depend on the state of peace
and order, population density and general needs of the service:
Provided, That the minimum number of policemen in a city or
municipality shall be at least one policeman for every one thousand
inhabitants. chanroblesvirtualawlibrary
Section 5. Fire Service Personnel Strength. — The
strength of fire service personnel in a city of municipality shall
depend on population density, presence of high-value districts where
buildings are larger or taller, density of buildings, location of
values, topographical conditions, man-made barriers such as railroad or
highway structures, traffic congestion and the number of fire apparatus
therein; Provided, That in cities or large municipalities the minimum
fireman-to-population ratio shall be one fireman for every two thousand
inhabitants; Provided further, That in small cities or municipalities,
said ratio shall be as prescribed in the rules and regulations
implemental hereof.
Section 6. Rank Distribution in the Integrated
National Police. — The distribution of ranks in the police and fire
services, expressed as percentages of the total strength of the
Integrated National Police, shall not be more than the percentages as
indicated below:cralaw:red
RANK Percentage of Police/
Fire Strength
Police/Fire Brigadier General .03%
Police/Fire Colonel .07%
Police/Fire Lieutenant Colonel .40%
Police/Fire Major .80%
Police/Fire Captain 1.60%
Police/Fire Lieutenant 3.20%
Police/Fire Sergeant 6.40%
Police/Fire Corporal 12.80%
Patrolman/Fireman First Class 25.60%
Patrolman/Fireman 49.00%
Corollary to the foregoing percentage distribution, the authorized
number of personnel for each rank shall be further governed by the
Table of Organization of the Integrated National Police as duly
approved by the Secretary of National Defense. chanroblesvirtualawlibrary
ARTICLE IV
QUALIFICATIONS STANDARDS
Section 7. General qualifications for Appointment. —
No person shall be appointed as member of the Integrated National
Police unless he/she possesses the following qualifications;chanroblesvirtualawlibrary
a. Must be a citizen of the Philippines;chanroblesvirtualawlibrary
b. Must be a person of good habits and moral conduct;chanroblesvirtualawlibrary
c. Must be of sound mind and body;chanroblesvirtualawlibrary
d. Must be at least a high school graduate for
appointment to the lowest rank; Provided, That personnel to be
appointed for assignment to city stations must have finished at least
second year college;chanroblesvirtualawlibrary
e. Must not have been dishonorably discharged from
military service or dismissed for cause from any civilian position in
the government;chanroblesvirtualawlibrary
f. Must have no criminal record;chanroblesvirtualawlibrary
g. Must not be less than twenty one nor more than
thirty years of age for appointment to the lowest rank;chanroblesvirtualawlibrary
h. Must be at least one meter and 62 centimeters in
height; and for policewoman, she must be at least one meter and 57
centimeters in height; and
i. Must not weigh more or less than five kilograms of
the standard weight corresponding to his/her height, age and sex. chanroblesvirtualawlibrary
When the exigency of the service so requires, the general requirements
provided for in sub-paragraphs (g), (h) and (i) of this Section may,
upon recommendation of the appointing authority duly supported by an
evaluation report of the screening committee on the merit and fitness
of the applicant, be waived by the Director General of the Integrated
National Police subject to attestation by the National Police
Commission taking into consideration any or a combination of such
factors as possession of relevant police skills, special
qualifications, police/fire training, acquired experiences in police or
allied service, geographical location of the police/fire station
concerned, being a member of the cultural minority, and other allied
factors, provided the applicant meets the other qualifications
prescribed herein. Educational qualifications provided for in
subparagraph (d) of this Section may, upon recommendation of the
appointing authority, duly supported by an evaluation report of the
screening committee, be waived by the National Police Commission en
banc, in consideration of highly exceptional accomplishment or deed of
conspicuous gallantry in the interest of peace and order.
No appointment shall be issued in favor of one who does not meet the
requirements for appointment prescribed in the first paragraph of this
Section, unless and until the required waiver is secured. However, the
procedure for granting waivers in embattled areas as provided for in
Presidential Decree no. 1162 shall continue to be in effect.
Section 8. Special Educational Qualifications for
Certain Ranks. — No person shall be appointed or any member of the
Integrated National Police promoted to the rank of Police/Fire Sergeant
unless he has completed two years college or seventy-three college
units, academic and non-academic; for appointment or promotion to the
ranks of Police/Fire Lieutenant and up to Police/Fire Colonel, he must
be a holder of a bachelor's degree; Provided, that the attainment of a
period of satisfactory work experience and the completion of an
appropriate training duly prescribed by the Director General shall be
deemed equivalent to the above-mentioned special qualifications for
purposes of promotion.
Section 9. Special Qualifications for the Rank of
Police Brigadier General. — No member of the Integrated National Police
shall be promoted to the rank of Police Brigadier General unless he has
the following qualifications:cralaw:red
a. Must be at least forty years of age;chanroblesvirtualawlibrary
b. Must be either a member of the Philippine Bar, or
chartered city chief of police eligible, or has completed a graduate
study in public or police administration or a holder of a Bachelor of
Science in Criminology or any bachelor's degree, provided that in the
last case, he has satisfactorily completed an advanced course in
law-enforcement or any equivalent course in a foreign police school or
allied courses, duly recognized by the Philippine Constabulary,
National Police Commission or the National Bureau of Investigation;chanroblesvirtualawlibrary
c. Must have at least ten years experience in
executive, command or staff position in the police or constabulary
service; and
d. Must have served satisfactorily in the rank of
Police Colonel for at least one year in a permanent status.
Section 10. Special Qualifications for the Rank of
Fire Brigadier General. — No member of the Integrated National Police
shall be promoted to the rank of Fire Brigadier General unless he has
the following qualifications;chanroblesvirtualawlibrary
a. Must be at least forty years of age;chanroblesvirtualawlibrary
b. Must be a holder of a bachelor's degree in any
engineering science related to hydraulics, chemistry, structures,
electricity, machines, and the like, or a holder of civil service
eligibility for the chief of the fire department of chartered city and
has satisfactorily completed an advanced course, or its equivalent, in
fire prevention and suppression in a local or foreign school duly
recognized by the Integrated National Police or National Police
Commission;chanroblesvirtualawlibrary
c. Must have at least ten years experience in
executive, command or staff position in the fire service; and
d. Must have served satisfactorily in the rank of
Fire Colonel for at least one year in a permanent status.
Section 11. Special Qualifications for Personnel to
be Assigned as Fire Inspectors. — In addition to the qualifications
prescribed in the preceding sections corresponding to the ranks of the
Integrated National Police, no person shall be appointed for assignment
as fire inspector unless he possesses any of the following college
degrees or courses for the functions as indicated:cralaw:red
a. Bachelor of Science in Electrical Engineering, for
the inspection of electrical installations and appliances; or
b. Bachelor of Science in Mechanical Engineering, for
the inspection of mechanical installations and equipment the operation
of which may involve fire hazards; or
c. Bachelor of Science in Chemistry or Chemical
Engineering, for the inspection of the storage and use of substances
and materials that are flammable or potentially fire hazards; or
d. Bachelor of Science in Civil Engineering or
Architecture, for the inspection of buildings and other structures
which require fire protection and life safety features and
devices; or chanroblesvirtualawlibrary
e. Appropriate technical courses closely related to
fire technology, or fire protection and safety; Provided, That fire
inspectors who are already in the service prior to the effectivity of
this Decree, but without the aforementioned qualifications may be
allowed to continue in their present positions after undergoing special
training in the above-stated fields as prescribed by the Director
General.
ARTICLE V
RECRUITMENT, SELECTION AND APPOINTMENT
Section 12. Recruitment and Selection. — The Director
General shall establishes a screening committee in each provincial or
district and regional headquarters that shall be responsible for the
widest dissemination of vacancies in the area and to determine the
merit under the qualification standards established herein, the panel
interview, the physical-medical examination, the appropriate police
service written examination, and the psychological and/or
neuropsychiatric test. No appointment shall be made without the
recommendation of the screening committee.
Section 13. Lateral Entry into the Service. — In
general, all original appointments into the Integrated National Police
as members thereof shall commence at the lowest rank as provided in
Section 3 hereof, except only the following whose lateral entry into
the service shall be permitted, to wit:cralaw:red
a. Persons who possess special educational
qualifications as college graduates in certain technical fields needed
by the services such as, but not limited to, engineers like those
referred to in Section 11 hereof, doctors, nurses, lawyers,
penologists, and forensic scientists for the crime laboratory;chanroblesvirtualawlibrary
b. Those former Chiefs and Deputy Chiefs of Police,
and personnel of the custodial service and the fire service whose
positions or ranks have been reclassified or are pending
reclassification to appropriate ranks commensurate to their positions
by virtue of the integration program and under Section 1 of
Presidential Decree No. 855, as amended; and chanroblesvirtualawlibrary
c. Graduates of the Philippine National Police
Academy to be hereafter established. —chanroblesvirtualawlibrary
Section 14. Appointing Authorities. — The members of
the Integrated National Police shall be appointed as indicated below:cralaw:red
a. Members of the integrated police from the rank of
Patrolman to Police Sergeant and from Fireman to Fire Sergeant. To be
appointed by the Zone/Regional Directors as recommended by the Police
Superintendents;chanroblesvirtualawlibrary
b. Officers from the ranks of Police Lieutenant to
Police Colonel and from Fire Lieutenant to Fire Colonel. To be
appointed by the Director General as recommended by the Zone/Regional
Directors; and
c. Officers for the ranks of Police Brigadier General
and Fire Brigadier General shall be appointed by the President as
recommended by the Director General thru the Secretary of National
Defense.
Recommendations for original appointments in sub-paragraphs a and b
above may be initiated by the city or municipal mayor who shall forward
the same thru channels.
Section 15. Appointment Status. — Appointment of
members in the Integrated National Police shall be temporary and
permanent. chanroblesvirtualawlibrary
a. Temporary Appointment. — In the absence of
appropriate eligibles and when the exigency of the service so requires
to fill a vacancy, a temporary appointment shall be issued to a person
who meets all the requirements of the rank/position to which he is
being appointed except the appropriate police service eligibility:
Provided, That such temporary appointment shall not exceed twelve
months, but the appointee may be replaced at any time if a qualified
eligible becomes available.
b. Permanent Appointment. — A permanent appointment
shall be issued to a person who meets all the requirements for the
rank/position to which he is being appointed, including the appropriate
eligibility prescribed, in accordance with the provisions of law, rules
and regulations promulgated in pursuance thereof; Provided, That he
shall serve a probationary period of at least one year; however, he may
be dropped from the service for unsatisfactory conduct or performance
any time before the expiration of such probationary period under such
procedure as the Director General may prescribe subject to the approval
of the Secretary of National Defense.
Section 16. Appointment of Policewoman. — Women may
be appointed into the police service for assignment in youthd or
juvenile control units, in the custodial service as jail matrons, in
training and administrative duties, and in certain police operations
where the activities of policewoman are necessary or are more effective
like the handling, investigation, search and arrest of female or youth
offenders.
The total number of the female members of the Integrated National
Police nationwide, or in each command or unit shall not exceed five per
centum of the total strength of the force.
Section 17. Attestation by the National Police
Commission. — All appointments, including promotions, of the officers
and members of the Integrated National Police, as referred to in
sub-paragraphs a and b of Section 14 hereof shall be forwarded to the
National Police Commission for attestation, which shall disapprove
within ninety days after submission to it, those where the appointees
do not possess the corresponding qualifications and/or eligibility:
Provided, That such appointments shall become immediately effective
upon the assumption of duties of the appointees, entitling them to
receive all the corresponding salaries and benefits, until notice of
the final decision disapproval if this should take place. chanroblesvirtualawlibrary
ARTICLE VI
TRAINING
Section 18. Training Program. — To develop and
maintain a high level of personnel performance, the Integrated National
Police shall provide recruit or basic training which shall be required
of all new appointees under original appointment; unit or specialized
training to prepare the members thereof for line and staff assignments;
supervisory or command officers' training for intellectual and
temperamental preparation to fulfill supervisory responsibilities; and
management training for top administrative personnel of the force; and
such other courses to enhance the efficiency, competency and the
demands of technology for the members thereof.
One per centum of the total number of personnel of the Integrated
National Police in any fiscal year may be detailed at government
expense as students at technical, professional, and other educational
institutions, or as students, observers, or investigators at industrial
plants, hospitals, public safety installations or facilities, and other
places, as shall be best suited to enable such personnel to acquire a
knowledge of or experience in the specialties needed by the service,
under such rules and regulations prescribed in accordance herewith.
Section 19. Philippine National Police Academy. —
There shall be established in the Integrated National Police, a police
and fire and fire service training institution to be known as the
Philippine National Police Academy, for the training and education of
the members of the Integrated National Police.
The Philippine National Police Academy shall be organized within two
years from the effectivity of this Decree to allow for planning and
programming of resources, and shall be administered by the Director
General, Integrated National Police, under the general supervision and
control of the Secretary of National Defense. chanroblesvirtualawlibrary
The Philippine National Police Academy shall develop and conduct
comprehensive training programs, under such standards, rules and
regulations as prescribed by the Secretary of National Defense, with
the view of Professionalizing the personnel in every of command of the
Integrated National Police.
ARTICLE VII
PROMOTION STANDARDS
Section 20. Legal Requirements for Eligibility for
Promotion. — A member Integrated National Police shall not be eligible
for promotion to a higher position unless such member has successfully
passed the corresponding promotional examination given by the National
Police Commission or has successfully passed the bar examination or has
satisfactorily completed an appropriate and accredited course from the
Philippine National Police Academy established under this Decree.
Whenever a vacancy occurs in the force, the member next-in-rank who is
competent and qualified to hold the position and who possesses an
appropriate police/fire service eligibility shall be promoted thereto:
Provided, That should there be two or more members with the same merits
and qualifications, seniority in the police/fire service shall be given
preference and provided that should there be any reason or reasons why
should members should not be promoted, such special reason or reasons
shall be stated in writing by the promoting authority and the member
concerned shall be informed thereof and be given an opportunity to be
heard by the appointing authority. If the vacancy is not filled by
promotion as provided herein, the same shall be filled by transfer from
other commands or units of the Integrated National Police.
Section 21. Promotion Authority. — Promotions shall
be made by the appointing authorities referred to in Section 14 hereof,
upon recommendation of subordinate commanders from among those who meet
the requirements for promotion. Promotion shall be made only when the
prospective promotee is occupying a permanent rank or grade at the time
of the promotion to the next rank.
Section 22. Promotion Board. — The Director General
of the Integrated National Police shall create promotion boards which
shall assist the promotion authorities in selecting the best qualified
members for promotion.
Section 23. Special Promotion. — Special promotion
may be extended to any member of the Integrated National Police for
acts of conspicuous courage and gallantry at the risk of his life over
and beyond the call of duty. Recommendation for special promotion shall
be referred to the promotion board concerned for evaluation after which
the same shall be elevated to the Director General for approval,
subject to attestation by the National Police Commission.
ARTICLE VIII
PERFORMANCE, MORALE AND DISCIPLINE
Section 24. Performance Rating System. — There shall
be established a performance evaluation system, which shall be
administered in accordance with the rules, regulations, and standards
promulgated for all members of the Integrated National Police. Such
performance evaluation system shall be administered as to continually
foster the improvement of individual efficiency and organizational
effectiveness.
Section 25. Complaints and Grievances. — Members
shall have the right to present complains and grievances to their
superiors or commanders and have them adjudicated as expeditiously as
possible in the best interest of the service, the government as a
whole, and the member concerned. Such complaints or grievances shall be
resolved at the lowest possible level in the command and the member
shall have the right to appeal such decision to higher
authorities. chanroblesvirtualawlibrary
Section 26. Incentives and Awards. — There shall be
established an incentive and awards system which shall be administered
under such rules, regulations, and standards as may be promulgated by
the Director General of the Integrated National Police.
In accordance with such rules, regulations and standards so
promulgated, the Director General is authorized to incur whatever
necessary expenses involved in the honorary recognition of subordinate
officers and members, who, by their superior accomplishments, acts of
conspicuous courage and gallantry, and other personal efforts
contribute to the efficiency, economy, or other improvements of
government operations, or who perform such other extraordinary acts or
services in the public interest in connection with or in relation to
their official duties.
Section 27. Health and Welfare. — It shall be the
concern of the Integrated National Police to provide leadership and
assistance in developing health and welfare programs for its personnel.
The Director General shall take all proper steps toward the creation of
an atmosphere conducive to good supervisor-subordinate relations and
the improvement of personnel morale.
Section 28. Discipline. — The promotion of discipline
in the organization to enhance efficiency and devotion to public
service shall be a command responsibility. In this respect, the
disciplinary system as provided for in Presidential Decree No. 971 and
its implementing rules and regulations shall be strictly and
judiciously implemented.
Section 29. Authorized Salary Rates. — The monthly
salary structure for police and fire service personnel of the
Integrated National Police shall be graduated in six scales or steps
within a salary range for each rank, except for the rank of Police
Brigadier General or Fire Brigadier General as hereunder indicated:cralaw:red
RANK SALARY SCALES IN PESOS
1 2
3 4 5 6
Police/Fire Colonel 1080
1242 1428 1642
1889 2171
Police/Fire Lieutenant 939
1080 1242 1428
1642 1889
Colonel
Police/Fire Major 817
939 1080 1242
1428 1642
Police/Fire Captain 710
817 939
1080 1242 1428
Police/Fire Lieutenant 617
710 817
939 1080 1242
Police/Fire Sergeant 537
617 710
817 939 1080
Police/Fire Corporal 466
537 617
710 817 939
Patrolman/Fireman First Class 406
466 537
617 710 817
Patrolman/Fireman 353
406 466 537
617 710
The monthly salary of a Police Brigadier General or Fire Brigadier
General shall be two thousand five hundred pesos.
Section 30. Adjustment of Salary. — The adjustment of
the salary of any member of the Integrated National Police in
accordance with the preceding section shall be governed by the
provisions of Presidential Decree No. 855 as amended by Presidential
Decree No. 973 with additional proviso that: When the salary of a
member prior to the effectivity of Presidential Decree No. 973 is
between two salary steps, his salary shall be adjusted to the salary
step prescribed for his rank higher than such salary.
Section 31. Subsistence Allowance. — In addition to
allowances already authorized by existing laws, rules and regulations,
each member of the Integrated National Police shall be entitled to a
subsistence allowance at rates to be prescribed by the Secretary of
National Defense: Provided, That the cost-of-living allowance shall be
discounted and the same shall form part of the subsistence
allowance. chanroblesvirtualawlibrary
ARTICLE IX
RETIREMENT
Section 32. Applicability of Commonwealth Act
Numbered One Hundred and Eighty Six, as Amended. — Commonwealth Act
Numbered One Hundred and Eighty Six and the amendments thereto, except
as modified by the following sections, shall continue to apply to the
members of the Integrated National Police, and the retirement system of
the latter shall remain under the administration of the Government
Service Insurance System.
Section 33. Compulsory Retirement. — (a) Retirement
from the service of police, including jail custodial, and fire
personnel of the Integrated National Police shall be automatic and
compulsory upon reaching the age of sixty years, for those in the ranks
of Police/Fire Lieutenant and higher, and, upon reaching the age of
fifty-five years, for those in the ranks of Patrolman/Fireman and up to
Police/Fire Sergeant, unless the continuance in the service of a member
of the Integrated National Police is required for the public good and
interest, as recommended by the Director General of the Integrated
National Police through the Secretary of National Defense and approved
by the President of the Philippines.
(b) In order to enable the Integrated National Police
to make timely and appropriate adjustments, the compulsory retirement
as prescribed above, shall be implemented gradually thru a transition
period such that beginning January 1, 1978 the compulsory retirement
age for Police/Fire Lieutenant and higher ranks shall be sixty-four
years and for Patrolman/Fireman and up to Police/Fire Sergeant, shall
be sixty years; and every year thereafter, these compulsory retirement
ages, shall, for each group of ranks above mentioned, be reduced by one
year effective every first day of January until the compulsory
retirement ages as fixed in the preceding sub-paragraph of this Section
are reached. chanroblesvirtualawlibrary
Section 34. Optional Retirement. — Regardless of his
age, a member of the Integrated National Police may be allowed to
retire at his request if he has rendered at least twenty years of
satisfactory service, unless prior to the effectivity of this law, he
was already eligible for optional retirement, with respect to age
and/or service requirements, under Commonwealth Act Numbered One
Hundred and Eighty Six and the amendments thereto, in which case he has
the option to retire thereunder.
Section 35. Retirement Benefits. — The retirement
benefits of the personnel of the Integrated National Police who retire
under this Article, whether optionally or compulsory, shall be the same
as the corresponding retirement benefits that a retiree is entitled to
receive under Commonwealth Act Numbered One Hundred and Eighty-Six and
its amendments, notwithstanding the age for compulsory retirement
thereunder.
Section 36. Computation of Service for calculating
the retirement benefits due and for purposes of determining eligibility
for retirement shall be as prescribed by Commonwealth Act Numbered One
Hundred and Eighty-Six, as amended: Provided, That if a prospective
compulsory retiree is lacking in the length of service requirement
under this law, he shall have the right to continue beyond the age of
sixty or fifty-five years as the case may be, to fulfill such
requirement.
Section 37. Appropriations for Retirement Benefits. —
There shall be included in the yearly appropriation of the Integrated
National Police, such necessary amounts, as may be determined in
consultation with the Government Service Insurance System and to be
remitted to it, to cover the pension payments to compulsory retirees
between the ages of fifty-five and sixty years.
Section 38. Studies to Upgrade the Retirement System.
— The Director General of the Integrated National Police shall
undertake further studies to upgrade the retirement system of the
Integrated National Police, not only to make the same more viable and
more responsive to the needs and security of the members thereof, but
also to meet the peculiar requirements of a dedicated law enforcement
and public safety service. chanroblesvirtualawlibrary
Section 39. Rules and Regulations. — The Director
General of the Integrated National Police, in close coordination with
the General Manager of the Government Service Insurance System, shall
promulgate the necessary rules and regulations for the effective
implementation of the provisions of this Article, subject to the
approval of the Secretary of National Defense.
ARTICLE X
DISABILITY AND DEATH BENEFITS
Section 40. Temporary Disability Benefits. —
Notwithstanding any provision of existing laws, rules and regulations
to the contrary, when a member of the Integrated National Police is
injured while in the performance of duty or contracts sickness or
disease arising out of the performance of duty, absence during any
period of such disability thereby occasioned, shall be on full pay and
he shall be entitled to payment of reasonable medicines, medical
attendance, hospital fees, necessary transportation and subsistence.
Absence in the cases enumerated above shall not be charged against
vacation or sick leave. He shall, in addition, be entitled to a lump
sum gratuity of one hundred to two thousand pesos depending upon the
merits of the case. Claims under this section shall be paid and
adjudicated by the Integrated National Police.
Section 41. Death and Permanent Total Disability
Benefits. — If a member of the Integrated National Police killed or
dies from injuries suffered or sickness contracted in the line of duty,
the surviving spouse or if there be none, the surviving dependent
legitimate children, shall be entitled, in addition to the benefits
provided for under the preceding section of this Article, to a gratuity
equivalent to one year's salary which shall in no case be less than six
thousand pesos, burial expenses equivalent to three month's salary,
which in no case be less than one thousand pesos, and to a pension
equivalent to eighty per cent of the salary of the deceased: Provided,
That in no case shall the monthly pension exceed five years; Provided,
further, That if the deceased employee has no primary beneficiary, the
non-dependent legitimate children, together with illegitimate children,
if any, or if there be none, the surviving parents, or in their
absence, the surviving brothers and sisters shall be entitled to a lump
sum benefit equivalent to one year's salary and burial expenses
equivalent to three month's salary of the deceased, which shall be in
no case be less than six thousand pesos and one thousand pesos,
respectively. Dependent legitimate children shall include the
legitimate, legitimated, or legally adopted child who is not gainfully
employed and not over twenty-years of age, or over twenty-one years of
age provided that such child is congenitally incapacitated and
incapable of self-support physically or mentally.
If such member of the Integrated National Police is permanently and
totally disabled as a result of injuries suffered or sickness
contracted or aggravated in line of duty, the Director General of the
Integrated National Police shall cause the compulsory retirement of
such member of employee upon certification of 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,
in which case he shall be entitled to a gratuity equivalent to one
year's salary which shall in no case be less than six thousand pesos
and to a lifetime pension equivalent to eighty per cent of his last
salary.
Should such member or employee who has been retired under permanent
total disability under this Section die within five years from his
retirement, his surviving spouse or if there be none his surviving
dependent legitimate children shall be entitled to the pension for the
remainder of the five-year guaranteed period.
A claim for death or permanent total disability benefits of a member of
the Integrated National Police shall be filed with the Hearing
Officer/Board of Investigators of the province or city where such
member is stationed. The Hearing Officer/Board of Investigators shall
conduct the appropriate investigation on the claim and shall forward
the corresponding report and recommendation to the National Police
Commission for adjudication and payment.
The benefits provided for under Presidential Decree No. 577, dated
November 11, 1974 in favor of dependents of certain military personnel
shall likewise be extended to the dependents of the members of the
Integrated National Police who shall die in the performance of duty
after the promulgation of this Decree.
Section 42. Exemption from Attachment and Taxes. —
All compensation herein granted shall not be subject to attachment,
levy, execution or any tax whatsoever, nor affect benefits received or
to be received from the Government Service Insurance System. Claims
under this Article shall not prescribe.
ARTICLE XI
STATUS OF MISSING PERSONNEL
Section 43. Members of the Integrated National Police
Missing in Action. — Any member of the Integrated National Police in
the performance of duty who is officially reported missing in action,
kidnapped or captured by lawless elements on or after August 8, 1975,
shall, while so absent be entitled to receive or to have credited to
his account the same pay and allowances to which such member was
entitled at the time of the beginning of his absence or may become
entitled thereafter: Provided, That such member shall not have been
absent from duty without authority: Provided, furthermore, That the
expiration of a temporary appointment during the period of such absence
shall not operate to terminate the right to receive such salary and
allowances: Provided, furthermore, That should the Director General,
upon recommendation of the proper direct and/or intermediate
commanders, subsequently determine that the member concerned has been
absent from duty without authority, such member or his/her estate shall
reimburse the Integrated National Police all such amounts and
allowances received by him in accordance with this Section.
Section 44. Payment of Portion of Salary and
Allowances to Heirs of Members. — In case any member of the Integrated
National Police is entitled to such salary and allowances provided in
Presidential Decree No. 855, as amended, the Director General may
direct that so much of the absent member's salary and allowances
necessary for the reasonable support of his heirs or dependents and/or
payments of insurance premiums, be paid by the Integrated National
Police for a period of twelve months from the date of commencement of
absence. chanroblesvirtualawlibrary
Section 45. Finding of Death or Continuation of
Payment of Salary and allowances. — When the twelve months period from
the commencement of absence is about to expire and no official report
of death has been received by the Director General of the Integrated
National Police, he is authorized to direct the continuance, suspension
of resumption of the missing status of such member and/or the payment
of his salary and allowances, if said member may be reasonably presumed
to be living, or to make a finding of death. In the event a continuance
of the missing member's status is directed, he shall also order the
review of the case whenever warranted by information received or other
circumstances. When a finding of death is made, it shall include the
date upon which death shall be presumed to have occurred for the
purpose of termination of crediting salary and allowances, settlement
of accounts, and payment of benefits which such member may be entitled
to under existing laws, decrees and rules and regulations. Such date
shall be the day following the date of expiration of an absence of
twelve months, or in case of which the mission status shall have been
continued or authorized herein, a day to be determined by the Director
General of the Integrated National Police.
Section 46. Conclusiveness of Decision of Director
General. — Within the scope of the authority herein granted, the
determination by the Director General of the Integrated National Police
of the status of a member of the Integrated National Police or of the
fact of dependency under this Article, or his directive relative to
continuance, suspension or resumption of payment of salary and
allowances of finding of death, shall be conclusive.
ARTICLE XII
MISCELLANEOUS PROVISIONS
Section 47. Power to Administer Oaths. — Officers of
the Integrated National Police from the rank of police/fire lieutenant
and above shall have the power to administer oath in matters directly
connected with the performance of their official duties.
Section 48. Rules and Regulations. — The Director
General of the Integrated National Police may, subject to the approval
of the Secretary of National Defense, promulgate the necessary rules
and regulations for the effective implementation of this Decree.
Section 49. Repealing Clause. — This provisions of
Republic Act No. 4864, otherwise known as the Police Act of 1966, as
amended; the provisions of all City Charters; the provisions of the
Revised Administrative Code; the provisions of Presidential Decree No.
807, otherwise known as the Civil Service Law of 1975, the provisions
of Presidential Decree No. 855 as amended, the provisions of
Commonwealth Act No. 186, as amended, and all other provisions of
decrees, laws, rules and regulations which are inconsistent with this
Decree as far as the Integrated National Police or members thereof are
concerned are hereby repealed or modified accordingly.
Section 50. Saving Clause. — The Philippine
Constabulary components of the Integrated National Police shall
continue to be governed by Armed Forces of the Philippines laws, rules
and regulations, particularly on personnel matters, and this Decree
shall be suppletory thereto.
Section 51. Separability of Provisions. — If any
part, section or provision, of this Decree shall be held invalid or
unconstitutional, no other part, section or provision thereof shall be
affected thereby.
Section 52. Effectivity. — This Decree takes effect
upon approval.
Done in the City of Manila,
this 26th day of August, in the year of Our Lord, nineteen hundred and
seventy seven.
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