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". Section 1. Title. —
This
Act shall be known as the "Philippine National Police Reform and
Reorganization
Act of 1998".
Sec. 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.
"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."
Sec. 5. Sec. 14 of Republic
Act No. 6975 is hereby amended to read as follows:cralaw
"(a) Exercise administrative control and operational supervision over the Philippine National Police which shall mean the power to:
"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; "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. "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." Sec. 6. Sec. 15 of Republic
Act No. 6975 is hereby amended to read as follows:cralaw
"(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 "(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." Sec. 7. Sec. 16 of Republic
Act No. 6975 is hereby amended to read as follows:cralaw
Sec. 8. Expiration of
the terms of office of current Commissioners. — Upon the
effectivity
of this Act the terms of office of the current Commissioners are deemed
expired which shall constitute a bar to their reappointment or an
extension
of their terms in the Commission except for current Commissioners who
have
served less than two (2) years of their terms of office who may be
appointed
by the President for a maximum term of two (2) years.
Sec. 9. Sec. 17 of Republic Act No. 6975 is hereby amended to read as follows:cralaw
Sec. 10. Sec. 20 of Republic
Act No. 6975 is hereby amended to read as follows:cralaw
"(b) Staff services. — The staff services of the Commission shall be as follows:
"(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. "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." Sec. 11. Sec. 22 of Republic
Act No. 6975 is hereby amended to read as follows:cralaw
"(b) A holder of a master's degree and appropriate civil service eligibility." Sec. 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.
b) efficient and optimized delivery of police services to the communities. The PNP reorganization program shall be approved by Congress through a joint resolution.
"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. "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 Sec. 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." Sec. 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.
Sec. 16. Selection criteria under the waiver program. — The selection of applicants under the Waiver Program shall be subject to the following minimum criteria:cralaw
b) The requirements shall be waived in the following order: (a) age, (b) height, (c) weight, and (d) education. The Commission shall promulgate
rules and regulations to address other situations arising from the
waiver
of the entry requirements.
Sec. 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 Sec. 13 of this Act shall be dismissed from the service. Sec. 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 Sec. 14 of this Act and his or her reappointment is not by virtue of another waiver program. Sec. 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. Sec. 20. Increased qualifications for Provincial Directors. — No person may be appointed Director of a Provincial Police Office unless:cralaw
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.
Sec. 21. Sec. 32 of Republic Act No. 6975 is hereby amended to read as follows:cralaw
Sec. 22. Sec. 34 of Republic
Act No. 6975 is hereby amended to read as follows:cralaw
Sec. 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.
Sec. 25. Attrition by attainment of maximum tenure in position. — The maximum tenure of PNP members holding key positions is hereby prescribed as follows: 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. Sec. 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. Sec. 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. Sec. 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. Sec. 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:cralaw
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. Sec. 30. Retirement or
separation under the preceding Sec.s. — Any personnel who is
dismissed
from the PNP pursuant to Sec.s 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.
Sec. 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 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. Sec. 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. Sec. 33. Sec. 38 (a) and (b) of Republic Act No. 6975 is hereby amended to read as follows:cralaw
"(b) Any uniformed member of the PNP who has exhibited acts of conspicuous courage and gallantry at the risk of his/her life above and beyond the call of duty, shall be promoted to the next higher rank: Provided, That such acts shall be validated by the Commission based on established criteria."
Sec. 35. Sec. 73 of the
same Act is hereby amended to read as follows:cralaw
"Should such member who has been retired under permanent total disability under this Sec. 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." Sec. 36. Sec. 36 of Republic
Act No. 6975 is hereby amended to read as follows:cralaw
Sec. 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:cralaw
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. Sec. 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.
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; 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:cralaw
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.
Sec. 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 Sec. 13 hereof. Sec. 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. Sec. 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. Sec. 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. Sec. 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. Sec. 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. Sec. 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. Sec. 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. Sec. 48. Inclusion of supervisors and superiors in IAS investigations. — The immediate superior or supervisor of the personnel or units being investigated under the preceding Sec. shall be automatically included in the investigation of the IA to exclusively determine lapses in administration or supervision.
(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. Sec. 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 Sec. 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.
Sec. 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.
"(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 Sec. 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 Sec..
"(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. "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:
"(2) Insubordination; "(3) Frequent absences and tardiness; "(4) Habitual drunkenness; and "(5) Gambling prohibited by law. "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:
"(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." Sec. 53. Sec. 42 of Republic
Act No. 6975 is hereby amended to read as follows:cralaw
"(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. Sec. 54. Sec. 44 of Republic
Act No. 6975 is hereby amended to read as follows:cralaw
"The National Appellate Board shall be composed of the four (4) regular commissioners and shall be chaired by the executive officer. The Board shall consider appeals from decisions of the Chief of the PNP. "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." Sec. 55. Sec. 47 of Republic
Act No. 6975 is hereby amended to read as follows:cralaw
Sec. 56. Sec. 49 of Republic
Act No. 6975 is hereby amended to read as follows:cralaw
Sec. 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. Sec. 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. Sec. 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. Sec. 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.
"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." Sec. 63. Sec. 51 (b) (4)
of Republic Act No. 6975 is hereby amended to read as follows:cralaw
"(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." Sec. 64. Automatic
deputation
of Local Government Executives as Commission representatives. —
Governors
and mayors, upon having been elected and living qualified as such, are
automatically deputized as representatives of the National Police
Commission
in their respective jurisdiction. As deputized agents of the
Commission,
local government executives can inspect police forces and units,
conduct
audit, and exercise other functions as may be duly authorized by the
Commission.
Sec. 65. Sec. 52 of Republic Act No. 6975 is hereby amended to read as follows:cralaw
"(b) Abuse of authority; "(c) Providing material support to criminal elements; or "(d) Engaging in acts inimical to national security or which negate the effectiveness of the peace and order campaign.
"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 Sec. 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." Sec. 67. Number (3) of
Paragraph
(b), Sec. 43 of Republic Act No. 6975 is hereby amended to read as
follows:cralaw
Sec. 68. The last paragraph
of Sec. 43 (b)(3) of Republic Act No. 6975 shall be amended to read
as follows:cralaw
Sec. 69. Compensation
and benefits. — Paragraph c, Sec. 43 of Republic Act No. 6975
shall
be amended to read as follows:cralaw
Sec. 70. Budget allocation.
— The annual budget of the Local Government Units (LGU) shall include
an
item and the corresponding appropriation for the maintenance and
operation
of their local PLEBs.
The Secretary shall submit a report to Congress and the President within fifteen (15) days from the effectivity of this Act on the number of PLEBs already organized as well as the LGUs still without PLEBs. Municipalities or cities without a PLEB or with an insufficient number of organized PLEBs shall have thirty (30) more days to organize their respective PLEBs. After such period, the DILG and the Department of Budget and Management shall withhold the release of the LGU's share in the national taxes in cities and municipalities still without PLEB(s). Sec. 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:cralaw
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; and 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.
Sec. 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. Sec. 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. Sec. 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. Sec. 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
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