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This page features the full text of
Republic Act No. 8551.
REPUBLIC
ACT NO. 8551
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".
TITLE I
TITLE AND
DECLARATION
OF POLICY
Section 1. Title. —
This
Act shall be known as the "Philippine National Police Reform and
Reorganization
Act of 1998".
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.
TITLE II
THE ROLE
OF THE
PNP
IN
COUNTER-INSURGENCY
FUNCTIONS
Sec. 3. Sec. 12
of
Republic
Act No. 6975 is hereby amended to read as follows:
"SEC. 12. Relationship
of the Department with the Department of National Defense. — The
Department
of the Interior and Local Government shall be relieved of the primary
responsibility
on matters involving the suppression of insurgency and other serious
threats
to national security. The Philippine National Police shall, through
information
gathering and performance of its ordinary police functions, support the
Armed Forces of the Philippines on matters involving suppression of
insurgency,
except in cases where the President shall call on the PNP to support
the
AFP in combat operations.
"In times of national
emergency,
the PNP, the Bureau of Fire Protection, and the Bureau of Jail
Management
and Penology shall, upon the direction of the President, assist the
armed
forces in meeting the national emergency."
TITLE III
THE
NATIONAL
POLICE
COMMISSION
Sec. 4. Sec. 13
of
Republic
Act No. 6975 is hereby amended to read as follows:
"SEC. 13. Creation
and
composition. — A National Police Commission, hereinafter referred
to
as the Commission, is hereby created for the purpose of effectively
discharging
the functions prescribed in the Constitution and provided in this Act.
The Commission shall be an agency attached to the Department for policy
and program coordination. It shall be composed of a Chairperson, four
(4)
regular Commissioners, and the Chief of PNP as ex-officio member. Three
(3) of the regular commissioners shall come from the civilian sector
who
are neither active nor former members of the police or military, one
(1)
of whom shall be designated as vice chairperson by the President. The
fourth
regular commissioner shall come from the law enforcement sector either
active or retired: Provided, That an active member of a law enforcement
agency shall be considered resigned from said agency once appointed to
the Commission: Provided, further, That at least one (1) of the
Commissioners
shall be a woman. The Secretary of the Department shall be the
ex-officio
Chairperson of the Commission, while the Vice Chairperson shall act as
the executive officer of the Commission."
Sec. 5. Sec. 14 of Republic
Act No. 6975 is hereby amended to read as follows:
"SEC. 14. Powers
and
functions of the Commission. — The Commission shall exercise the
following
powers and functions:
"(a) Exercise
administrative
control and operational supervision over the Philippine National Police
which shall mean the power to:
"1)
Develop policies
and
promulgate a police manual prescribing rules and regulations for
efficient
organization, administration, and operation, including criteria for
manpower
allocation, distribution and deployment, recruitment, selection,
promotion,
and retirement of personnel and the conduct of qualifying entrance and
promotional examinations for uniformed members;
"2) Examine and
audit,
and
thereafter establish the standards for such purposes on a continuing
basis,
the performance, activities, and facilities of all police agencies
throughout
the country;
"3) Establish a
system
of
uniform crime reporting;
"4) Conduct an
annual
self-report
survey and compile statistical data for the accurate assessment of the
crime situation and the proper evaluation of the efficiency and
effectiveness
of all police units in the country;
"5) Approve or
modify
plans
and programs on education and training, logistical requirements,
communications,
records, information systems, crime laboratory, crime prevention and
crime
reporting;
"6) Affirm, reverse
or
modify,
through the National Appellate Board, personnel disciplinary actions
involving
demotion or dismissal from the service imposed upon members of the
Philippine
National Police by the Chief of the Philippine National Police;
"7) Exercise
appellate
jurisdiction
through the regional appellate boards over administrative cases against
policemen and over decisions on claims for police benefits;
"8) Prescribe
minimum
standards
for arms, equipment, and uniforms and, after consultation with the
Philippine
Heraldry Commission, for insignia of ranks, awards, and medals of
honor.
Within ninety (90) days from the effectivity of this Act, the standards
of the uniformed personnel of the PNP must be revised which should be
clearly
distinct from the military and reflective of the civilian character of
the police;
"9) Issue subpoena
and
subpoena
duces tecum in matters pertaining to the discharge of its own powers
and
duties, and designate who among its personnel can issue such processes
and administer oaths in connection therewith;
"10) Inspect and
assess
the compliance of the PNP on the established criteria for manpower
allocation,
distribution, and deployment and their impact on the community and the
crime situation, and thereafter formulate appropriate guidelines for
maximization
of resources and effective utilization of the PNP personnel;
"11) Monitor the
performance
of the local chief executives as deputies of the Commission; and
"12) Monitor and
investigate
police anomalies and irregularities.
"b) Advise
the President
on
all matters involving police functions and administration;
"c) Render to the
President
and to the Congress an annual report on its activities and
accomplishments
during the thirty (30) days after the end of the calendar year, which
shall
include an appraisal of the conditions obtaining in the organization
and
administration of police agencies in the municipalities, cities and
provinces
throughout the country, and recommendations for appropriate remedial
legislation;
"d) Recommend to the
President,
through the Secretary, within sixty (60) days before the commencement
of
each calendar year, a crime prevention program; and
"e) Perform such
other
functions
necessary to carry out the provisions of this Act and as the President
may direct."
Sec. 6. Sec. 15 of Republic
Act No. 6975 is hereby amended to read as follows:
"SEC. 15. Qualifications.
— No person shall be appointed regular member of the Commission
unless:
"(a) He or
she is a
citizen
of the Philippines;
"(b) A member of
the
Philippine
Bar with at least five (5) years experience in handling criminal or
human
rights cases or a holder of a master's degree but preferably a
doctorate
degree in public administration, sociology, criminology, criminal
justice,
law enforcement, and other related disciplines; and
"(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:
"SEC. 16. Term
of
office. — The four (4) regular and full-time Commissioners shall
be
appointed
by the President for a term of six (6) years without re-appointment or
extension."
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:
"SEC. 17. Temporary
or
permanent incapacity of the Chairperson. — In case of absence due
to
the temporary incapacity of the chairperson, the Vice chair shall serve
as Chairperson until the Chairperson is present or regains capacity to
serve. In case of death or permanent incapacity or disqualification of
the chairperson, the acting chairperson shall also act as such until a
new chairperson shall have been appointed by the President and
qualified."
Sec. 10. Sec. 20 of Republic
Act No. 6975 is hereby amended to read as follows:
"SEC. 20. Organizational
structure. — The Commission shall consist of the following units:
"(a) Commission
proper.
— This is composed of the offices of the Chairman and four (4)
Commissioners.
"(b) Staff
services.
— The staff services of the Commission shall be as follows:
"(1) The
Planning
and Research
Service, which shall provide technical services to the Commission in
areas
of overall policy formulation, strategic and operational planning,
management
systems or procedures, evaluation and monitoring of the Commission's
programs,
projects and internal operations; and shall conduct thorough research
and
analysis on social and economic conditions affecting peace and order in
the country;
"(2) The Legal
Affairs Service,
which shall provide the Commission with efficient and effective service
as legal counsel of the Commission; draft or study contracts affecting
the Commission and submit appropriate recommendations pertaining
thereto;
and render legal opinions arising from the administration and operation
of the Philippine National Police and the Commission;
"(3) The Crime
Prevention
and Coordination Service, which shall undertake criminological
researches
and studies; formulate a national crime prevention plan; develop a
crime
prevention and information program and provide editorial direction for
all criminology research and crime prevention publications;
"(4) The
Personnel
and Administrative
Service, which shall perform personnel functions for the Commission,
administer
the entrance and promotional examinations for policemen, provide the
necessary
services relating to records, correspondence, supplies, property and
equipment,
security and general services, and the maintenance and utilization of
facilities,
and provide services relating to manpower, career planning and
development,
personnel transactions and employee welfare;
"(5) The
Inspection,
Monitoring
and Investigation Service, which shall conduct continuous inspection
and
management audit of personnel, facilities and operations at all levels
of command of the PNP, monitor the implementation of the Commission's
programs
and projects relative to law enforcement; and monitor and investigate
police
anomalies and irregularities;
"(6) The
Installations and
Logistics Service, which shall review the Commission's plans and
programs
and formulate policies and procedures regarding acquisition, inventory,
control, distribution, maintenance and disposal of supplies and shall
oversee
the implementation of programs on transportation facilities and
installations
and the procurement and maintenance of supplies and equipment; and
"(7) The
Financial
Service,
which shall provide the Commission with staff advice and assistance on
budgetary and financial matters, including the overseeing of the
processing
and disbursement of funds pertaining to the scholarship program and
surviving
children of deceased and/or permanently incapacitated PNP personnel.
"(c) Disciplinary
Appellate
Boards — The Commission shall establish a formal administrative
disciplinary
appellate machinery consisting of the National Appellate Board and the
regional appellate boards.
"The National
Appellate
Board shall decide cases on appeal from decisions rendered by the PNP
chief,
while the regional appellate boards shall decide cases on appeal from
decisions
rendered by officers other than the PNP chief, the mayor, and the
People's
Law Enforcement Board (PLEB) created hereunder."
Sec. 11. Sec. 22 of Republic
Act No. 6975 is hereby amended to read as follows:
"SEC. 22. Qualifications
of Regional Directors. — No person shall be appointed regional
director
unless:
"(a) He or
she is a
citizen
of the Philippines; and
"(b) A holder of a
master's
degree and appropriate civil service eligibility."
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.
TITLE IV
THE
PHILIPPINE
NATIONAL
POLICE
A.
REORGANIZATION
Sec. 13. Authority
of
the Commission to reorganize the PNP. — Notwithstanding the
provisions
of Republic Act No. 6975 on the organizational structure and rank
classification
of the PNP, the Commission shall conduct a management audit, and
prepare
and submit to Congress a proposed reorganization plan of the PNP not
later
than December 31, 1998, subject to the limitations provided under this
Act and based on the following criteria:
a) increased
police
visibility
through dispersal of personnel from the headquarters to the field
offices
and by the appointment and assignment of non-uniformed personnel to
positions
which are purely administrative, technical, clerical or menial in
nature
and other positions which are not actually and directly related to
police
operation; and
b) efficient and
optimized
delivery of police services to the communities.
The PNP
reorganization
program
shall be approved by Congress through a joint resolution.
B.
QUALIFICATIONS
UPGRADING
Sec. 14. Sec. 30
of
Republic
Act No. 6975 is hereby amended to read as follows:
"SEC. 30. General
qualifications
for appointment. — No person shall be appointed as officer or
member
of the PNP unless he or she possesses the following minimum
qualifications:
"a) A
citizen of the
Philippines;
"b) A person of
good
moral
conduct;
"c) Must have
passed
the
psychiatric/ psychological, drug and physical tests to be administered
by the PNP or by any NAPOLCOM accredited government hospital for the
purpose
of determining physical and mental health;
"d) Must possess a
formal
baccalaureate degree from a recognized institution of learning;
"e) Must be
eligible
in
accordance with the standards set by the Commission;
"f) Must not have
been
dishonorably
discharged from military employment or dismissed for cause from any
civilian
position in the Government;
"g) Must not have
been
convicted
by final judgment of an offense or crime involving moral turpitude;
"h) Must be at
least
one
meter and sixty-two centimeters (1.62 m.) in height for male and one
meter
and fifty-seven centimeters (1.57 m.) for female;
"i) Must weigh not
more
or less than five kilograms (5 kgs.) from the standard weight
corresponding
to his or her height, age, and sex; and
"j) For a new
applicant,
must not be less than twenty-one (21) nor more than thirty (30) years
of
age: except for the last qualification, the above-enumerated
qualifications
shall be continuing in character and an absence of any one of them at
any
given time shall be a ground for separation or retirement from the
service: Provided, That PNP members who are already in the
service
upon the
effectivity of this Act shall be given at least two (2) more years to
obtain
the minimum educational qualification and one (1) year to satisfy the
weight
requirement.
"For the
purpose of
determining
compliance with the requirements on physical and mental health, as well
as the non-use of prohibited drugs, the PNP by itself or through a
NAPOLCOM
accredited government hospital shall conduct regular psychiatric,
psychological
drug and physical tests randomly and without notice.
"After the lapse of
the
time period for the satisfaction of a specific requirement, current
members
of the PNP who will fail to satisfy any of the requirements enumerated
under this 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:
a)
Applicants who posses
the least disqualification shall take precedence over those who possess
more disqualifications.
b) The requirements
shall
be waived in the following order: (a) age, (b) height, (c) weight, and
(d) education.
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:
a) he or she
holds a
master's
degree in public administration, sociology, criminology, criminal
justice,
law enforcement, national security administration, defense studies, or
other related discipline from a recognized institution of learning; and
b) has satisfactorily
passed
the required training and career courses necessary for the position as
may be established by the Commission.
Any PNP personnel who is
currently
occupying the position but lacks any of the qualifications mentioned
above
shall be given three (3) years upon the effectivity of this Act to
comply
with the requirements; otherwise he or she shall be relieved from the
position.
Sec. 21. Sec. 32 of
Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 32. Examinations
of policemen. — The National Police Commission shall administer the
entrance and promotional examinations for policemen on the basis of the
standards set by the Commission."
Sec. 22. Sec. 34 of Republic
Act No. 6975 is hereby amended to read as follows:
"SEC. 34. Qualifications
of Chief of City and Municipal Police Stations. — No person shall
be
appointed chief of a city police station unless he/she is a graduate of
Bachelor of Laws or has finished all the required courses of a master's
degree program in public administration, criminology, criminal justice,
law enforcement, national security administration, defense studies, and
other related disciplines from a recognized institution of learning. No
person shall be appointed chief of a municipal police station unless he
or she has finished at least second year Bachelor of Laws or has earned
at least twelve (12) units in a master's degree program in public
administration,
criminology, criminal justice, law enforcement, national security
administration,
and other related disciplines from a recognized institution of
learning: Provided, That members of the Bar with at least five
(5) years
of
law practice, licensed criminologists or graduates of the Philippine
National
Police Academy and who possess the general qualifications for initial
appointment
to the PNP shall be qualified for appointment as chief of a city or
municipal
police station: Provided, further, That the appointee has
successfully
passed the required field training program and has complied with other
requirements as may be established by the Commission: Provided,
furthermore, That the chief of police shall be appointed in
accordance with
the
provisions of Sec. 51, paragraph (b), subparagraph 4(i) of this Act."
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.
C.
ATTRITION SYSTEM
FOR
UNIFORMED
PERSONNEL
Sec. 24. Attrition
system.
— There shall be established a system of attrition within the uniformed
members of the PNP within one (1) year from the effectivity of this Act
to be submitted by the PNP to the Commission for approval. Such
attrition
system shall include but is not limited to the provisions of the
following Sec.s.
Sec. 25. Attrition
by attainment of maximum tenure in position. — The maximum tenure
of
PNP members holding key positions is hereby prescribed as follows:
POSITION
MAXIMUM
TENURE
Chief
four (4)
years
Deputy
Chief four
(4)
years
Director
of the
Staff
Services four (4) years
Regional
Directors
six
(6) years
Provincial/City
Directors
nine (9) years
Other positions
higher
than
Provincial Director shall have the maximum tenure of six (6) years.
Unless
earlier separated, retired or promoted to a higher position in
accordance
with the PNP Staffing Pattern, police officers holding the
above-mentioned
positions shall be compulsorily retired at the maximum tenure in
position
herein prescribed, or at age fifty-six (56), whichever is earlier: Provided,
That in times of war or other national emergency declared by
Congress,
the President may extend the PNP Chief's tour of duty: Provided,
further,
That PNP members who have already reached their maximum tenure upon the
effectivity of this Act may be allowed one (1) year more of tenure in
their
positions before the maximum tenure provided in this Sec. shall be
applied
to them, unless they shall have already reached the compulsory
retirement
age of fifty-six (56), in which case the compulsory retirement age
shall
prevail.
Except for the Chief,
PNP,
no PNP member who has less than one (1) year of service before reaching
the compulsory retirement age shall be promoted to a higher rank or
appointed
to any other position.
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:
a)
inefficiency based on
poor performance during the last two (2) successive annual rating
periods;
b) inefficiency based
on
poor performance for three (3) cumulative annual rating periods;
c) physical and/or
mental
incapacity to perform police functions and duties; or
d) failure to pass
the
required
entrance examinations twice and/or finish the required career courses
except
for justifiable reasons.
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.
D.
PROMOTION SYSTEM
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:
"SEC. 38.
Promotions. — (a) A uniformed member of the PNP shall not be
eligible for
promotion
to a higher position or rank unless he or she has successfully passed
the
corresponding promotional examination given by the Commission, or the
Bar,
or the corresponding board examinations for technical services and
other
professions, has satisfactorily completed the appropriate and
accredited
course in the PNPA or equivalent training institutions, and has
satisfactorily
passed the required psychiatric/psychological and drug tests. In
addition,
no uniformed member of the PNP shall be eligible for promotion during
the
pendency of his or her administrative and/or criminal case or unless he
or she has been cleared by the People's Law Enforcement Board (PLEB),
and
the Office of the Ombudsman of any complaints proffered against him or
her, if any.
"(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."
E.
UPGRADING OF
SALARIES
AND BENEFITS
Sec. 34. Sec. 75
of
the
same Act is hereby amended to read as follows:
"SEC. 75. Retirement
benefits. — Monthly retirement pay shall be fifty percent (50%) of
the base pay and longevity pay of the retired grade in case of twenty
(20)
years of active 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: Provided, That, the uniformed personnel shall have
the
option to receive in advance and in lump sum his retirement pay for the
first five (5) years: Provided, further, That payment of the
retirement
benefits in lump sum shall be made within six (6) months from
effectivity
date of retirement and/or completion: Provided, finally, That
retirement
pay of the officers/non-officers of the PNP shall be subject to
adjustments
based on the prevailing scale of base pay of police personnel in the
active
service."
Sec. 35. Sec. 73 of the
same Act is hereby amended to read as follows:
"SEC. 73. Permanent
physical
disability. — An officer or non-officer who is permanently and
totally
disabled as a result of injuries suffered or sickness contracted in the
performance of his duty as duly certified by the National Police
Commission,
upon finding and certification by the appropriate medical officer, that
the extent of the disability or sickness renders such member unfit or
unable
to further perform the duties of his position, shall be entitled to one
year's salary and to lifetime pension equivalent to eighty percent
(80%)
of his last salary, in addition to other benefits as provided under
existing
laws.
"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:
"SEC. 36.
Status of
members
of the Philippine National Police. — The uniformed members of the
PNP
shall be considered employees of the National Government and shall draw
their salaries therefrom. They shall have the same salary grade level
as
that of public school teachers: Provided, That PNP members assigned in
Metropolitan Manila, chartered cities and first class municipalities
may
be paid financial incentive by the local government unit concerned
subject
to the availability of funds."
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:
a) that at
the time he
or
she applies for retirement, he or she has already rendered at least ten
(10) years of continuous government service;
b) the applicant is
not
scheduled for separation or retirement from the service due to the
attrition
system or separation for cause;
c) he or she has no
pending
administrative or criminal case; and
d) he or she has at
least
three (3) more years in the service before reaching the compulsory
retirement
age and at least a year before his or her maximum tenure in position.
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.
TITLE V
INTERNAL
AFFAIRS
SERVICE
Sec. 39. Creation,
powers,
and functions. — An Internal Affairs Service (IAS) of the PNP is
hereby
created which shall:
a)
pro-actively conduct
inspections and audits on PNP personnel and units;
b) investigate
complaints
and gather evidence in support of an open investigation;
c) conduct summary
hearings
on PNP members facing administrative charges;
d) submit a periodic
report
on the assessment, analysis, and evaluation of the character and
behavior
of PNP personnel and units to the Chief PNP and the Commission;
e) file appropriate
criminal
cases against PNP members before the court as evidence warrants and
assist
in the prosecution of the case;
f) provide assistance
to
the Office of the Ombudsman in cases involving the personnel of the PNP.
The IAS shall also conduct,
motu proprio, automatic investigation of the following cases:
a) incidents
where a
police
personnel discharges a firearm;
b) incidents where
death,
serious physical injury, or any violation of human rights occurred in
the
conduct of a police operation;
c) incidents where
evidence
was compromised, tampered with, obliterated, or lost while in the
custody
of police personnel;
d) incidents where a
suspect
in the custody of the police was seriously injured; and
e) incidents where
the
established
rules of engagement have been violated.
Finally, the IAS shall provide
documents or recommendations as regards to the promotion of the members
of the PNP or the assignment of PNP personnel to any key position.
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.
Sec. 49. Disciplinary
recommendations of the IAS. — (a) Any uniformed PNP personnel
found
guilty of any of the cases mentioned in Sec. 39 of this Act and any
immediate superior or supervisor found negligent under Sec. 48 shall
be recommended automatically for dismissal or demotion, as the case may
be.
(b) Recommendations
by
the
IAS for the imposition of disciplinary measures against an erring PNP
personnel,
once final, cannot be revised, set-aside, or unduly delayed by any
disciplining
authority without just cause. Any disciplining authority who fails to
act
or who acts with abuse of discretion on the recommendation of the IAS
shall
be made liable for gross neglect of duty. The case of erring
disciplinary
authority shall be submitted to the Director General for proper
disposition.
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.
TITLE VI
DISCIPLINARY
MECHANISMS
Sec. 52. Sec. 41
of
Republic
Act No. 6975 is hereby amended to read as follows:
"SEC. 41(a).
Citizen's
complaints. — Any complaint by a natural or juridical person
against
any member of the PNP shall be brought before the following:
"(1)
Chiefs of Police,
where
the offense is punishable by withholding of privileges, restriction to
specified limits, suspension or forfeiture of salary, or any
combination
thereof, for a period not exceeding fifteen (15) days;
"(2) Mayors of
cities
and
municipalities, where the offense is punishable by withholding of
privileges,
restriction to specified limits, suspension or forfeiture of salary, or
any combination thereof, for a period of not less than sixteen (16)
days
but not exceeding thirty (30) days;
"(3) People's Law
Enforcement
Board, as created under 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..
"(b) Internal
discipline.
— On dealing with minor offenses involving internal discipline found to
have been committed by any regular member of their respective commands,
the duly designated supervisors and equivalent officers of the PNP
shall,
after due notice and summary hearing, exercise disciplinary powers as
follows:
"(1)
Chiefs of police
or
equivalent supervisors may summarily impose the administrative
punishment
of admonition or reprimand; restriction to specified limits;
withholding
of privileges; forfeiture of salary or suspension; or any of the
combination
of the foregoing: Provided, That, in all cases, the total period shall
not exceed fifteen (15) days;
"(2) Provincial
directors
or equivalent supervisors may summarily impose administrative
punishment
of admonition or reprimand; restrictive custody; withholding of
privileges;
forfeiture of salary or suspension, or any combination of the
foregoing:
Provided, That, in all cases, the total period shall not exceed thirty
(30) days;
"(3) Police
regional
directors
or equivalent supervisors shall have the power to impose upon any
member
the disciplinary punishment of dismissal from the service. He may also
impose the administrative punishment of admonition or reprimand;
restrictive
custody; withholding of privileges; suspension or forfeiture of salary;
demotion; or any combination of the foregoing: Provided, That, in all
cases,
the total period shall not exceed sixty (60) days;
"(4) The Chief of
the
PNP
shall have the power to impose the disciplinary punishment of dismissal
from the service; suspension or forfeiture of salary; or any
combination
thereof for a period not exceeding one hundred eighty (180) days:
Provided,
further, That the chief of the PNP shall have the authority to place
police
personnel under restrictive custody during the pendency of a grave
administrative
case filed against him or even after the filing of a criminal
complaint,
grave in nature, against such police personnel.
"(c) Exclusive
jurisdiction.
— A complaint or a charge filed against a PNP member shall be heard and
decided exclusively by the disciplining authority who has acquired
original
jurisdiction over the case and notwithstanding the existence of
concurrent
jurisdiction as regards the offense: Provided, That offenses
which
carry higher penalties referred to a disciplining authority shall be
referred
to the appropriate authority which has jurisdiction over the offense.
"For purposes of this
Act,
a 'minor offense' shall refer to any act or omission not
involving
moral turpitude, but affecting the internal discipline of the PNP, and
shall include, but not limited to:
"(1)
Simple misconduct
or
negligence;
"(2)
Insubordination;
"(3) Frequent
absences
and
tardiness;
"(4) Habitual
drunkenness;
and
"(5) Gambling
prohibited
by law.
"(d) Forum
shopping
of multiple
filing of complaints. — When an administrative complaint is filed
with
a police disciplinary authority, such as the People's Law Enforcement
Board
(PLEB), no other case involving the same cause of action shall be filed
with any other disciplinary authority.
"In order to prevent
forum-shopping
or multiple filing of complaints, the complainant or party seeking
relief
in the complaint shall certify under oath in such pleading, or in a
sworn
certification annexed thereto and simultaneously filed therewith, to
the
truth of the following facts and undertaking:
"(a) that
he has not
heretofore
commenced any other action or proceeding involving the same issues in
other
disciplinary forum;
"(b) that to the
best
of
his knowledge, no such action or proceeding is pending in other police
administrative disciplinary machinery or authority;
"(c) that if there
is
any
such action or proceeding which is either pending or may have been
terminated,
he must state the status thereof; and
"(d) that if he
should
thereafter
learn that a similar action or proceeding has been filed or is pending
before any other police disciplinary authority, he must undertake to
report
that fact within five (5) days therefrom to the disciplinary authority
where the original complaint or pleading has been filed."
Sec. 53. Sec. 42 of Republic
Act No. 6975 is hereby amended to read as follows:
"SEC. 42. Summary
dismissal
powers of the National Police Commission, PNP Chief and PNP Regional
Directors.
— The National Police Commission, the chief of the PNP and PNP regional
directors, after due notice and summary hearings, may immediately
remove
or dismiss any respondent PNP member in any of the following cases:
"(a) When
the charge
is
serious and the evidence of guilt is strong;
"(b) When the
respondent
is a recidivist or has been repeatedly charged and there are reasonable
grounds to believe that he is guilty of the charges; and
"(c) When the
respondent
is guilty of a serious offense involving conduct unbecoming of a police
officer.
"Any member
or officer
of the
PNP who shall go on absence without official leave (AWOL) for a
continuous
period of thirty (30) days or more shall be dismissed immediately from
the service. His activities and whereabouts during the period shall be
investigated and if found to have committed a crime, he shall be
prosecuted
accordingly."
Sec. 54. Sec. 44 of Republic
Act No. 6975 is hereby amended to read as follows:
"SEC. 44. Disciplinary
Appellate Boards. — The formal administrative disciplinary
machinery
of the PNP shall be the National Appellate Board and the regional
appellate
boards.
"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:
"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 for a period not exceeding ninety (90) days from
arraignment: Provided, however, That if it can be shown by
evidence that
the
accused is harassing the complainant and/or witnesses, the court may
order
the preventive suspension of the accused PNP member even if the charge
is punishable by a penalty lower than six (6) years and one (1) day: Provided,
further, That the preventive suspension shall not be more than
ninety
(90) days except if the delay in the disposition of the case is due to
the fault, negligence or petitions of the respondent: Provided,
finally,
That such preventive suspension may be sooner lifted by the court in
the
exigency of the service upon recommendation of the chief, PNP. Such
case
shall be subject to continuous trial and shall be terminated within
ninety
(90) days from arraignment of the accused."
Sec. 56. Sec. 49 of Republic
Act No. 6975 is hereby amended to read as follows:
"SEC. 49. Legal
assistance.
— The Secretary of Justice, the chairman of the Commission or the Chief
of the PNP may authorize lawyers of their respective agencies to
provide
legal assistance to any member of the PNP who is facing before the
prosecutor's
office, the court or any competent body, a charge or charges arising
from
any incident which is related to the performance of his official duty: Provided,
That government lawyers so authorized shall have the
power
to administer oaths: Provided, further, That in such cases,
when
necessary, as determined by the Commission, a private counsel may be
provided
at the expense of the Government. The Secretary of Justice, the
Chairman
of the Commission and the Chief of the PNP shall jointly promulgate
rules
and regulations to implement the provisions of this Sec.."
TITLE VII
CREATION
OF
WOMEN'S
DESKS IN ALL POLICE
STATIONS
AND THE
FORMULATION
OF A
GENDER
SENSITIVITY
PROGRAM
Sec. 57.
Creation
and
functions. — The PNP shall establish women's desks in all police
stations
throughout the country to administer and attend to cases involving
crimes
against chastity, sexual harassment, abuses committed against women and
children and other similar offenses: Provided, That
municipalities
and cities presently without policewomen will have two (2) years upon
the
effectivity of this Act within which to comply with the requirement of
this provision.
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.
TITLE
VIII
PARTICIPATION
OF
LOCAL
GOVERNMENT
EXECUTIVES
IN THE
ADMINISTRATION
OF THE PNP
Sec. 62. The
provisions
of
the second, third, fourth and fifth paragraphs of subparagraph (b) (1),
Sec. 51, Chapter III-D of Republic Act No. 6975 are hereby amended
to
read as follows:
"The term 'operational
supervision and control' shall mean the power to direct,
superintend,
and oversee the day-to-day functions of police investigation of crime,
crime prevention activities, and traffic control in accordance with the
rules and regulations promulgated by the Commission.
"It shall also
include
the
power to direct the employment and deployment of units or elements of
the
PNP, through the station commander, to ensure public safety and
effective
maintenance of peace and order within the locality. For this purpose,
the
terms 'employment' and 'deployment' shall mean as
follows:
"'Employment'
refers
to the utilization of units or elements of the PNP for purposes of
protection
of lives and properties, enforcement of laws, maintenance of peace and
order, prevention of crimes, arrest of criminal offenders and bringing
the offenders to justice, and ensuring public safety, particularly in
the
suppression of disorders, riots, lawlessness, violence, rebellious and
seditious conspiracy, insurgency, subversion or other related
activities.
"'Deployment' shall
mean the orderly and organized physical movement of elements or units
of
the PNP within the province, city or municipality for purposes of
employment
as herein defined."
Sec. 63. Sec. 51 (b) (4)
of Republic Act No. 6975 is hereby amended to read as follows:
"(4) Other
powers.
- In addition to the aforementioned powers, city and municipal mayors
shall
have the following authority over the PNP units in their respective
jurisdictions:
"(i)
Authority to
choose
the chief of police from a list of five (5) eligibles recommended by
the
provincial police director, preferably from the same province, city or
municipality: Provided, however, That in no case shall an
officer-in-charge
be designated for more than thirty (30) days: Provided, further, That
the local peace and order council may, through the city or municipal
mayor,
recommend the recall or reassignment of the chief of police when, in
its
perception, the latter has been ineffective in combating crime or
maintaining
peace and order in the city or municipality: Provided, finally, That
such relief shall be based on guidelines established by the NAPOLCOM;
"(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:
"SEC. 52. Suspension
or withdrawal of deputation. — Unless reversed by the President,
the
Commission may, after consultation with the provincial governor and
congressman
concerned, suspend or withdraw the deputation of any local executive
for
any of the following grounds:
"(a)
Frequent
unauthorized
absences;
"(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.
"Upon good
cause shown,
the
President may, directly or through the Commission, motu proprio
restore such deputation withdrawn from any local executive."
TITLE IX
STRENGTHENING
THE
PEOPLE'S
LAW
ENFORCEMENT
BOARD
Sec. 66.
Paragraph (a), Sec.
43 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 43.
People's
Law
Enforcement Board (PLEB). — (a) Creation and functions. — The
sangguniang
panlungsod/bayan in every city and municipality shall create such
number
of People's Law Enforcement Boards (PLEBs) as may be necessary:
Provided,
That there shall be at least one (1) PLEB for every five hundred (500)
city or municipal police personnel and for each of the legislative
districts
in a city.
"The PLEB shall be
the
central
receiving entity for any citizen's complaint against the officers and
members
of the PNP. Subject to the provisions of 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:
"(3) Three
(3) other
members
who are removable only for cause to be chosen by the local peace and
order
council from among the respected members of the community known for
their
probity and integrity, one (1) of whom must be a woman and another a
member
of the Bar, or, in the absence thereof, a college graduate, or the
principal
of the central elementary school in the locality."
Sec. 68. The last paragraph
of Sec. 43 (b)(3) of Republic Act No. 6975 shall be amended to read
as follows:
"The
Chairman of the
PLEB
shall be elected from among its members. The term of office of the
members
of the PLEB shall be for a period of three (3) years from assumption of
office. Such member shall hold office until his successor shall have
been
chosen and qualified."
Sec. 69. Compensation
and benefits. — Paragraph c, Sec. 43 of Republic Act No. 6975
shall
be amended to read as follows:
"(c) Compensation.
- Membership in the PLEB is a civic duty. However, PLEB members shall
be
paid per diem and shall be provided with life insurance coverage as may
be determined by the city or municipal council from city or municipal
funds.
The DILG shall provide for the per diem and insurance coverage of PLEB
members in certain low income municipalities."
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:
a) when the
respondent
refuses
to heed the PLEB's summons or subpoena;
b) when the PNP
personnel
has been charged with offenses involving bodily harm or grave threats;
c) when the
respondent
is
in a position to tamper with the evidence; 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.
TITLE X
TRANSITORY
PROVISIONS
Sec. 72. Transition.
— The provisions on the reorganization and the civilianization of the
PNP
and the devolution of police capabilities to the local police forces
shall
be effected within three (3) years after the effectivity of this Act.
TITLE XI
FINAL
PROVISIONS
Sec. 73. Rules
and
regulations.
— Unless otherwise provided in this Act, the Commission in coordination
with the Philippine National Police and the Department of the Interior
and Local Government, shall promulgate rules and regulations for the
effective
implementation of this Act. Such rules and regulations shall take
effect
upon their publication in three (3) newspapers of general circulation.
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
