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."

Sec. 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.chan robles virtual law library

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 the Armed Forces of the Philippines.

Sec.  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.chan robles virtual law library

Sec.  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.

Sec.  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:

Sec.  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:

In times of national emergency, all elements of the PNP, the Bureau of Fire Protection, and the Bureau of Jail Management and Penology shall, upon direction of the President, assist the Armed Forces of the Philippines in meeting the national emergency.

The complementary relationship between the Department of the Interior and Local Government and the Department of National Defense in any of the preceding eventualities shall be jointly prescribed by their respective Secretaries in a memorandum of agreement that shall thereafter be published and implemented.

Sec.  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.

Sec.  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.

Sec.  20. Organizational Structure. — The Commission shall consist of the following units:

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

Sec.  22. Qualifications of Regional Directors. — No person shall be appointed regional director unless:

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.

Sec.  24. Powers and Functions. — The PNP shall have the following powers and functions:

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.

Sec.  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.chan robles virtual law library

Sec.  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.

Sec.  28. Rank Classification. — For purposes of efficient administration, supervision and control, the rank classification of the members of the PNP shall be as follows:

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.

Sec.  30. General Qualifications for Appointment. — No person shall be appointed as officer or member of the PNP unless he possesses the following minimum qualifications:

Sec.  34. Qualifications of Chief of City and Municipal Police Stations. — No person may be appointed chief of a city police station unless he holds a bachelor's degree from a recognized institution of learning or has served in the Philippine Constabulary or in the police department of any city or municipality with the rank of captain or its equivalent therein for at least three (3) years.

No person may be appointed chief of a municipal police station unless he holds a bachelor's degree from a recognized institution of learning or has served as officer in the Philippine Constabulary or in the police department of any city or municipality for at least two (2) years with the rank lieutenant or its equivalent: Provided, That a member of the Bar with at least five (5) years experience in active law practice and who possesses the general qualifications under Section 30 of this Act shall be qualified for appointment as chief of a city or municipal police station: Provided, further, That the chief of police shall be appointed in accordance with the provisions of Section 51, paragraph b), subparagraph (4) (i) of this Act.

Sec.  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.

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. chan robles virtual law library

(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 over 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.chan robles virtual law library

(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 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 TrafficManagement 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.

Sec.  36. Status of Members of the Philippine National Police. — The members of the PNP shall be considered employees of the National Government and shall draw their salaries therefrom: Provided, That PNP members assigned in Metropolitan Manila, chartered cities and first class municipalities may be paid in additional monthly allowance by the local government unit concerned.

Sec.  38. Promotions. — (a) A member of the PNP shall not be eligible for promotion to a higher position or rank unless he has successfully passed the corresponding promotional examination given by the Commission, or the Bar or corresponding board examinations for technical services and other professions, and has satisfactorily completed an appropriate and accredited course in the PNP or equivalent training institutions. In addition, no member of the PNP shall eligible for promotion unless he has been cleared by the People's Law Enforcement Board (PLEB) of complaints proffered against him, if any.chan robles virtual law library

(b) Special promotion may be extended to any member of the PNP for acts of conspicuous courage and gallantry at the risk of his life above and beyond the call of duty, or selected as such in a nationwide search conducted by the PNP or any accredited civic organization.

Sec.  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.chan robles virtual law library

Sec.  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.

(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.

(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.

Sec.  44. Disciplinary Appellate Boards. — The formal administrative disciplinary machinery for the PNP shall be the National Appellate Board and the regional appellate boards.

The National Appellate Board shall consist of four (4) divisions, each division composed of a Commissioner as Chairman and two (2) other members. The Board shall consider appeals from decisions of the Chief of the PNP.chan robles virtual law library

The National Appellate Board may conduct its hearings or sessions in Metropolitan Manila or any part of the country as it may deem necessary.

There shall be at least one (1) regional appellate board per administrative region in the country to be composed of a senior officer of the regional Commission as Chairman and one (1) representative each from the PNP, and the regional peace and order council as members. It shall consider appeals from decisions of the regional directors, other officials, mayors, and the PLEBs: Provided, That the Commission may create additional regional appellate boards as the need arises.chan robles virtual law library

Sec.  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 director or by the PLEB involving demotion or dismissal from the service may be appealed to 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 PNP involving demotion or dismissal may be appealed to the National Appellate Board within ten (10) days from receipt thereof: Provided, furthermore, That the regional or National Appellate Board, as the case may be, shall decide the appeal within sixty (60) days from receipt of the notice of appeal: Provided, finally, That failure of the regional appellate board to act on the appeal within said period shall render the decision final and executory without prejudice, however, to the filing of an appeal by either party with the Secretary.

Sec.  46. Jurisdiction in Criminal Cases. — Any provision of law to the contrary notwithstanding, criminal cases involving PNP members shall within the exclusive jurisdiction of the regular courts: Provided, That the courts-martial appointed pursuant to Presidential Decree No. 1850 shall continue to try PC-INP members who have already been arraigned, to include appropriate actions thereon by the reviewing authorities pursuant to Commonwealth Act No. 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.

Sec.  47. Preventive Suspension Pending Criminal Case. — Upon the filing of a complaint or information sufficient in form and substance against a member of the PNP for grave felonies where the penalty imposed by law is six (6) years and one (1) day or more, the court shall immediately suspend the accused from office until the case is terminated. Such case shall be subject to continuous trial and shall be terminated within ninety (90) days from arraignment of the accused.

Sec.  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 been terminated or separated from office shall, upon acquittal from the charges against him, be entitled to reinstatement and to prompt payment of salary, allowances and other benefits withheld from him by reason of such suspension or termination.

Sec.  49. Legal Assistance. — The Secretary of the Department 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. 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.

Sec.  50. Power to Administer Oaths. — Officials of the Commission who are appointed by the 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.

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.

Sec.  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.

Sec.  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.

Sec.  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. chan robles virtual law library

Sec.  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:

Sec.  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.

Sec.  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 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.

Sec.  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: chan robles virtual law library

Sec.  67. Composition, Powers and Functions. — The College shall consist of the present 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 (PNTC), the National Police College, and other special training centers as may be created by the Department, whose functions shall be as follows: chan robles virtual law library

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.

Sec.  71. Longevity Pay and Allowances. — Uniformed personnel of the Department shall be entitled to a longevity pay of ten percent (10%) of their basic monthly salaries for every five (5) years of service, which shall be reckoned from the date of the personnel's original appointment in the AFP, or appointment in the police, fire jail or other allied services to the integration of the PC and the INP: Provided, That the totality of such longevity pay shall not exceed fifty percent (50%) of the basic pay. They shall also continue to enjoy the subsistence allowance, quarters allowance, clothing allowance cost of living allowance, hazard pay, and all other allowances as provided by existing laws.

Sec.  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 PNP, Fire or Jail Force or in the municipal police prior to the integration of the PC-INP or in the AFP, and services rendered as a civilian official or employee in the Philippine Government prior to the date of separation or retirement from the PNP, Fire or Jail Force: Provided, That, for 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.

Sec.  73. Permanent Physical Disability. — An officer or non-officer who, having accumulated at least twenty (20) years of active service, incurs total permanent physical disability in line of duty shall be compulsorily retired: Provided, That, if he has accumulated less than twenty (20) years of active service, he shall be separated from the service and be entitled to a separation pay equivalent to one and one-fourth (11/4) months base pay for every year of service, or a fraction thereof, and longevity pay of the permanent grade he holds.

Sec.  74. Retirement in the Next Higher Grade. — Uniformed personnel covered under this Act shall, for purposes of retirement pay, be retired in one (1) grade higher than the permanent grade last held: Provided, That they have served for at least one (1) year of active service in the permanent grade.

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 service, increasing by two and one-half percent (2.5%) for every year of active service rendered beyond twenty (20) years to a maximum of ninety percent (90%) for thirty-six (36) years of active service and over.

Sec.  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 provided for under this Act, and/or other existing laws.

Sec.  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.

Sec.  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 Force, is officially confirmed missing in action, kidnapped or captured by lawless elements shall, while so absent, be entitled to receive or to have credited to his account the same pay and allowances to which such officer or uniformed member was entitled at the time of the incident: Provided, That the compulsory retirement of a person missing in action shall be processed to allow the members of the next of kin to enjoy the retirement benefits: Provided, further, That should the Chief of the PNP, Fire or Jail Force, as the same may be, upon the recommendation of the proper authority and/or immediate supervisor, subsequently determine that the officer or uniformed member concerned have been absent from duty without authority, such member or his heirs shall reimburse the PNP, Fire or Jail Force all such amount and allowances received by him in accordance with this section and the following section.

Sec.  79. Payment of Salary and Allowances to the Heirs of Uniformed Personnel. — In case 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.chan robles virtual law library

Sec.  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.

Sec.  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 adjudicated as expeditiously as possible in the best interest of the service, with due regard to due process in every case. Such complaints or grievances shall be resolved at the lowest possible level in the unit of command and the respondent shall have the right to appeal from an adverse decision to higher authorities.

Sec.  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 officers of the PNP, Fire or Jail Force are hereby prohibited from engaging in strikes, rallies, demonstrations and other similar concerted activities, or performing other acts prejudicial to good order and police discipline.

Any PNP, fire or Jail Force member found guilty by final judgment of violating the provisions of the preceding paragraph shall be dismissed from the service without prejudice to whatever criminal or civil liability he may have incurred in relation to such violations.

Sec.  85. Phases of Implementation. — The implementation of this Act shall be undertaken in three (3) phases, to wit:

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.

Sec.  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.

Sec.  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.

Sec.  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:

Sec.  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.

Sec.  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. chan robles virtual law library

Sec.  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.

Sec.  96. Effectivity. — This Act shall take effect after fifteen (15) days following its publication in two (2) national newspapers of general circulation. chan robles virtual law library