Secton
1. Title. - This Act shall be known as the "Bureau of Fire Protection and Bureau of
Jail Management and Penology Professionalization Act of 2004."
Sec. 2. Declaration of Policy and Principles. – It is declared policy
of the state to maintain peace and order, protect life, liberty and
property, and promote the general welfare essential for the enjoyment
by all the people of the blessings of democracy (Article II, Section 5
of the Philippine Constitution) Moreover it recognizes the
responsibility of the state to strengthen government capability aimed
towards the strengthening of the delivery of basic services to the
citizenry though the institutionalization of highly efficient and
competent fire and jail services.
It is provided for under Republic Act No. 6975, other wise known as the
"Department of the Interior and Local Government Act 1990", that the
task of fire protection, and jail management and penology shall be the
responsibility of the Bureau of Fire Protection (BFP) and the Bureau of
Jail Management and Penology (BJMP), respectively.
Moreover, Section 3 of the Republic Act No. 8551, otherwise known as
the "Philippine National Police Reform and Reorganization Act of 1998",
provides that in times of national emergency, BFP and the BJMP along
with the Philippine National Police (PNP) shall, upon the direction of
the President, assist the Armed Forces of the Philippines (AFP) in
meeting the national emergency, in addition to the performance of their
inherent functions as mandated by law.
It is therefore recognized that the uniformed personnel of the BFP and
the BJMP, as member of the uniformed service of the government under
the Department of the Interior and Local Government (DILG), are
required the same amount of sacrifice, service and dedication like
their counterparts in the4 PNP and the AFP to carry out their
respective duties to the extent of risking their lives and limbs.
Towards this end, the State shall provide for the Professionalization
and restructuring of the BFP and the BJMP by upgrading the level of
qualifications of their uniformed personnel and standardizing their
base pay, retirement and other benefits, making it at par with those of
the PNP and the AFP.
Sec. 3. Organization and Key Positions of the BFP and the BJMP. – The
BFP and the BJMP shall be respectively headed by a Chief who shall be
assisted by two (2) deputy chiefs, one (1) for administration and one
(1) for operations, all of whom shall be appointed by the President
upon recommendation of the Secretary of the DILG from among the
qualified officers with at least the rank of senior superintendent in
the service: Provided, that in no case shall any officer who has
retired or is retirable within six (6) months from his/her compulsory
retirement age be appointed as Chief of the Fire Bureau or Chief of the
Jail Bureau, as the case may be, Provided, further, that the Chief of
the Fire Bureau and Chief of the Jail Bureau shall serve a tour of duty
not to exceed four (4) years: Provided, however, that in times of war
or other national emergency declared by Congress, the President may
extend such tour of duty.
The Heads of the BFP and the BJMP with the rank of director shall have
the position title of Chief of the Fire Bureau and the Chief of the
Jail Bureau, respectively. The second officers in command of the BFP
and the BJMP with the rank of chief superintendent shall have the
position title of Deputy Chief for Administration of the Jail Bureau,
respectively. The third officer in command of the BFP and the BJMP with
the rank of chief superintendent shall have the position title of
Deputy Chief for Operation of Fire Bureau and Deputy Chief for
Operation of the Jail Bureau, respectively. The fourth officers in
command of the BFP and the BJMP with the rank of chief superintendent
shall have the respective position title of Chief of Directorial Staff
of the Fire Bureau and Chief of Directorial Staff of the Jail Bureau,
who shall be assisted by the directors of the directorates in the
respective national headquarters office with at least the rank of
senior superintendent.
The BFP and the shall establish, operate and maintain their respective
regional offices in each of the administrative regions of the country
which shall be respectively headed by a Regional Director for Fire
Protection and a Regional Director of Jail Management and Penology with
the rank of senior superintendent. He/She shall be respectively
assisted by the following officers with the rank of superintendent:
Assistant Regional Director for Administration, Assistant Regional
Director for Operations, and Regional Chief of Directorial Staff.
Sec. 4. Professionalization and Upgrading of Qualification Standards in
the Appointment of Uniformed Personnel to the BFP and the BJMP. – No
person shall be appointed as uniformed personnel of the BFP and the
BJMP unless he/she possesses the following minimum qualifications:
a)
A citizen of the Republic of the Philippines;
b) A person of good moral
character;
c) Must have passed the
psychiatric/psychological, drug and physical test for the purpose of
determining his/her physical and mental health;
d) Must possess a baccalaureate
degree from recognized institution of learning;
e) Must possess the appropriate
civil service eligibility;
f) Must not have been
dishonorably discharged of dismissal for cause from previous employment;
g) Must not have been convicted
by final judgement 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: Provided, That a
waiver for height and age requirement \s shall be automatically granted
to applicants belonging to the cultural communities; and
i) Must weight not more or less
than five kilograms (5 kgs.) from the standard weight corresponding to
his/her height, age and sex.
Provided, That a new applicants must be less than twenty one (21) nor
more than thirty (30 years of age: except for this particular
provision, the above–enumerated qualifications shall be continuing in
character and an absence of any one of them at any given time shall be
ground for separation or retirement from the service: Provided,
further, That the uniformed personnel who are already in the service
upon the effectivity of this Act shall be given five (5) years to
obtain the minimum educational qualification and one (1) year to
satisfy the weight requirement.
After the lapse of the time of period for the satisfaction of a
specific requirement, current uniformed personnel of the BFP and the
BJMP who will fail to satisfy any of the requirements enumerated under
this Section shall be separated from the service if they are below
fifty (50) years of age and have served in the government for less than
twenty (20) years, or retired if they are age fifty (50) and above and
have served in 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. 5. Appointment of Uniformed Personnel to the BFP and the BJMP. –
The appointment of the BFP and the BJMP shall be effected in the
following manners:
a)
Fire/Jail Officer I to Senior Fire/Jail Officer IV. – Appointed by the
respective Regional Director for Fire Protection and Regional Director
for Jail Management and Penology for the regional office uniformed
personnel or by the respective Chief of the Fire Bureau and Chief of
the Jail Bureau for the national headquarters office uniformed
personnel, and attested by the Civil Service Commission (CSC);
b) "Fire/Jail Inspector to
Fire/Jail Superintendent. – Appointed by the respective Chief of the
Fire Bureau and Chief of the Jail Bureau, as recommended by their
immediate superiors, and attested by the CSC;
c) Fire/Jail Senior
Superintendent. – Appointed by the Secretary of the DILG upon
recommendation of the respective Chief of the Fire Bureau and Chief of
the Jail Bureau, with the proper attestation of the CSC; and
d) Fire/ Jail Chief
Superintendent. To Fire/Jail Director.- Appointed by the President upon
recommendation of the Secretary of the DILG, with the proper
endorsement by the Chairman of the CSC.
Sec. 6. Lateral Entry of Officer
into the BFP and the BJMP. – In general, all original appointments of
officers in the Fire Bureau and Jail Bureau shall commence the rank of
fire/jail inspector wherein applicants for lateral entry into the BFP
shall include all those with highly specialized and technical
qualifications such as, but not limited to, civil engineers, mechanical
engineers, electrical engineers, chemical engineers, chemist,
architects, criminologists, certified public accountants, nurses,
physical therapists, and dentists, while applicants for lateral entry
into the BJMP shall include all those with highly specialized and
technical qualifications such as, but not limited to, social workers,
psychologists, teachers, nurses, dentists and engineers. Doctor of
Medicine, members of the Philippine Bar and chaplains shall be
appointed to the rank of fire/jail senior inspector in their particular
technical service. Graduate of the Philippine National Police Academy
(PNPA) shall be automatically appointed to the initial rank of
fire/jail inspector.
Sec. 7. Professionalization and Upgrading of Qualification Standards in
the Designation of Uniformed Personnel of the BFP and the BJMP to Key
Positions. --
a)
No person shall be designated to the following key positions of the BFP
and the BJMP unless he/she has met the qualifications provided therein:
1)
Municipal Fire Marshal. – Should have the rank of senior inspector, who
must have finished at least second year Bachelor of Laws or earned at
least twelve (12) units in a master's degree program in public
administration, management, engineering, public safety, criminology or
other related discipline from recognized institution of learning, and
must have satisfactory passed the necessary training of career courses
for such position as may be established by the Fire Bureau;
2) City Fire Marshal. - Should
the rank of chief of senior inspector, who must have finished at least
second year Bachelor of Laws or earned at least twenty four (24) units
in a master's degree program in public administration, management,
engineering, public safety, criminology or other related disciplines
from recognized institution of learning, and must have satisfactory
passed the necessary training or career courses for such position as
may be established by the Fire Bureau;
3) District Fire Marshal,
Provincial Fire Marshal, Assistant Regional Director for
Administration, Assistant Regional Director for Operations and Regional
Chief of Directorial Staff. – Should have the rank of superintendent,
who must be a graduate of Bachelor of Laws or a holder of a mater's
degree in public administration, management, engineering, public
safety, criminology or other related disciplines from recognized
institution of learning, and must have satisfactory passed the
necessary training or career courses for such position as may be
established by the Fire Bureau;
4) District Fire Marshal for the
National Capital Region, Regional Director for Fire Protection and
Director of the Directorate of the National Headquarters Office. –
Should have at least the rank of senior superintendent, who must be a
graduate of Bachelor of Laws or a holder of master's degree in public
administration, management, engineering, public safety, criminology or
other related disciplines from a recognized institution of learning,
and must have satisfactory passed the necessary training or career
course for such position as may be established by the Fire Bureau;
5) Deputy Chief for
Administration of the Fire Bureau, Deputy Chief for Operations of the
Fire Bureau and Chief Directorial Staff of the Fire Bureau.- Should
have the rank of superintendent, who must be a member of the Philippine
Bar or a holder of a master's degree in public administration,
management, engineering, public safety, criminology or other related
disciplines from recognized institution of learning, and must have
satisfactory passed the necessary training or career courses for such
as may be established by the Fire Bureau; and
6) Chief of the Fire Bureau. –
Should have the rank of director, who must be a member of the
Philippine Bar or a holder of a master's degree in public
administration, management, engineering, public safety, criminology or
other related discipline from a recognized institution of learning, and
must satisfactory passed the necessary training or career courses for
such position as may be established by the Fire Bureau.
b) No person shall be designated
to the following key positions of the BJMP unless he/she has met the
qualification provided therein:
1)
Municipal Jail Warden. – Should have the rank of chief inspector, who
have finished at least second year Bachelor of Laws or earned at least
twelve (12) units in a master' degree program in management, public
administration, public safety, criminology, penology, sociology,
national security administration, defense studies, or other related
disciplines from a recognized institution of learning, and must have
satisfactory passed the necessary training or career courses for such
position as may be established by the Jail Bureau;
2) City Jail Warden. – Should
have the rank of chief inspector, who must have finished at least
second year Bachelor of Laws or earned at least twenty four (24) units
in master's degree program in management, public administration, public
safety, criminology, penology, sociology, national security
administration, defense studies or related disciplines from a
recognized institution of learning and must satisfactory passed the
necessary training or career courses for such position as may be
established by the Jail Bureau: Provided, That in city jails with a
population of one thousand (1,000) or more inmates, the city jail
warden shall the rank and qualification of a district jail warden;
3) District Jail Warden,
Provincial Jail Administrator, Assistant Regional Director for
Administration, Assistant Regional Director for Operations and Regional
Chief of Directorial Staff. – Should have the rank of senior
superintendent, who must be a graduate of Bachelor of Laws or a holder
of a master's degree in management, public administration, public
safety, criminology, penology, sociology, national security
administration, defense studies or other related discipline from a
recognized institution of learning, and must satisfactory passed the
necessary training or career courses for such position as may be
established by the Jail bureau;
4) Regional Director for Jail
Management and Penology and Director of the Directorate of the National
Headquarters Office. – Should have the rank of senior superintendent,
who must be a graduate of Bachelor of Laws or a holder of a master's
degree in management, public administration, public safety,
criminology, penology, sociology, national security administration,
defense studies or other related discipline from a recognized
institution of learning, and must satisfactory passed the necessary
training or career courses for such position as may be established by
the Jail bureau;
5) Deputy Chief for
Administration of the Jail Bureau, Deputy Chief for Operations of the
Jail Bureau and Chief of Directorial Staff of the Jail Bureau. – Should
have the rank of senior superintendent, who must be a member of the
Philippine Bar or a holder of a master's degree in management, public
administration, public safety, criminology, penology, sociology,
national security administration, defense studies or other related
discipline from a recognized institution of learning, and must
satisfactory passed the necessary training or career courses for such
position as may be established by the Jail bureau; and
6) Chief of the Jail Bureau. –
Should have the rank of director, who must be a member of the
Philippine Bar or a holder of a master's degree in management, public
administration, public safety, criminology, penology, sociology,
national security administration, defense studies or other related
discipline from a recognized institution of learning, and must
satisfactory passed the necessary training or career courses for such
position as may be established by the Jail bureau.
Any uniformed personnel of the
BFP and the BJMP who is currently occupying such position but lacks any
of the qualifications mentioned therein shall be given three(3) years
upon the effectivity of this Act to comply with the requirements,
otherwise he/she shall be relieved from the position.
Sec. 8. Professionalization and Qualifications Upgrading Program. – The
DILG shall design and establish a professionalization and
qualifications upgrading program for uniformed personnel of the BFP and
the BJMP in coordination with the CSC and the Commission on Higher
Education (CHED) though an off-campus education program or other
similar programs within ninety (90) days from the effectivity of this
Act.
Sec. 9. Attrition System for the Uniformed Personnel of the BFP and the
BJMP. - There shall be established a system of attrition for the
uniformed personnel of the BFP and the BJMP within one (1) year from
the effectivty of this Act to be submitted by said bureaus to the DILG
for approval. Such attrition system shall include, but is not limited
to, the provision of the following principles:
a)
Attrition by Demotion in Position or Rank. – Any uniformed personnel of
the BFP and the BJMP who is relieved and assigned to a position lower
than that is established for his/her grade in the respective staffing
pattern of the Fire Bureau and the Jail Bureau, and who shall not be
assigned to a position commensurate to his/her grade within two (2)
years after such demotion in position shall be separated or retired
from the service;
b) Attrition by Non-Promotion. –
Any uniformed personnel of the BFP and the BJMP who has not been
promoted for a continuous period of ten (10) years shall be separated
or retired from the service, except for those who are occupying a
third-level position;
c) Attrition by Other Means. –
Any uniformed personnel of the BFP and the BJMP with at least five (5)
years of accumulated active service shall be separated from the service
based on any of the following factors:
1)
Inefficiency based on poor performance during the last two (2)
successive semestral ratings period;
2) Inefficiency based on poor
performance for three (3) cumulative semestral rating period;
3) Physical and/or mental
incapacity to perform his/her duties and functions; or
4) Failure to complete the
required career courses and/or appropriate civil service eligibility
for his/her position except for justifiable; and
d) Separation or Retirement from
the Fire Bureau and the Jail Bureau under this Section . – Any personnel
who is dismissed from the BFP and the BJMP pursuant to the
above-enumerated principles in this Section shall be separated if
he/she has rendered less than twenty (20) years of service, and be
retired if he/she has rendered at least twenty (20) years of service
unless the concerned personnel is disqualified by law to receive such
benefits.
Sec. 10. Promotion System for
the Uniformed Personnel of the BFP and BJMP. – Within six (6) months
after the effectivity of this Act, the DILG shall establish a system of
promotion for the uniformed personnel of the BFP and the BJMP though
the following principles:
a)
Rationalized Promotion System. – The system of promotion shall be based
on merits and on the availability of vacant ranks in the BFP and the
BJMP staffing pattern. Such system shall be gender-fair so as to ensure
that women personnel of the Fire Bureau and the Jail Bureau shall enjoy
equal opportunity for promotion as to men;
b) Requirement for Promotion. -
1)
Any personnel of the BFP and the BJMP shall not eligible for promotion
to a higher rank unless he/she has met the minimum qualification
standards or the appropriate civil service eligibility set by the CSC,
and has the satisfactorily passed the required
psychiatric/psychological, drug and physical test;
2) Any personnel of the BFP and
the BJMP who has exhibited act of conspicuous courage and gallantry at
the risk his/her life above and beyond the call of duty, or selected as
such in a nationwide search conducted by any accredited civic
organization, shall be promoted to the next higher rank, Provided, That
these shall be validated by the DILG and the CSC based on established
criteria.
Sec. 11. Performance Evaluation System. - There shall be established a
performance evaluation system which shall be administered with
accordance with the rules, regulations and standards, and a code of
conduct for the uniformed personnel of the BFP and the BJMP to be
promulgated by the Fire Bureau and the Jail Bureau through the DILG.
Such performance evaluation system shall be administered in such a way
as to foster the improvement of the individual efficiency and
behavioral discipline as well as the promotion of organizational
effectiveness and commitment to service.
The rating system as contemplated herein shall be based on standard
prescribed by the Fire Bureau and the Jail Bureau through the DILG and
shall be consider the result of the annual psychiatric/psychological
and physical test conducted on the uniformed personnel of the BFP and
the BJMP.
Sec. 12. Standardization of the Base Pay, Retirement and other Benefits
of the Uniformed Personnel of the BFP and the BJMP. – In order to
enhance the general welfare, commitment to service and professionalism
of the uniformed personnel of the BFP and the BJMP, they shall receive
the minimum starting salary equivalent to the salary grade level of the
corresponding rank classification of their counterparts in the PNP, as
provided under Section 36 of Republic Act No. 8551, and in the AFP, as
provided under Section 2 of Republic Act No. 9166.
The rate of the base pay of the uniformed personnel of the BFP and the
BJMP shall be adjusted in accordance with the following salary grade
schedule:
RANK SALARY
GRADE
Fire/Jail Director
28
Fire/Jail Chief Superintendent
27
Fire/Jail Senior Superintendent
26
Fire/Jail Superintendent
25
Fire/Jail Chief Inspector
24
Fire/Jail Senior Inspector
23
Fire/ Jail Inspector
22
Senior Fire/Jail Officer
IV
19
Senior Fire/Jail Officer III
18
Senior Fire/Jail Officer II
17
Senior Fire/Jail Officer I
16
Fire/ Jail Officer III
14
Fire/Jail Officer II
12
Fire/Jail Officer I
10
Provided, That all benefits
currently receive by the uniformed personnel of the BFP and the BJMP
under existing laws shall continue to be received by them: Provided,
Further, That their retirement pay shall be subject to adjustment/s
based on the prevailing scale of base pay of the uniformed personnel in
the active service.
Sec. 13. Implementation. – The implementation of this Act shall be
undertaken in staggered phases, but not to exceed three (3) years,
taking into consideration the financial position of the national
government: Provided, That any partial implementation shall be uniform
and proportionate for all ranks.
Sec. 14. Implementation Rules and Regulations. – The DILG in
coordination with the BFP and the BJMP, the CSC, the Department of
Budget and Management (DBM), and the Department of Finance (DOF) shall,
within ninety (90) days from the effectivity of this Act, promulgate
the rules and regulations necessary to implement the provision of this
Act.
Sec. 15. Annual Report. – The BFP and the BJMP through the DILG and the
DBM shall jointly submit to the President of the Senate and the Speaker
of the House of Representatives an annual report on the implementation
of this Act. This report shall include information on the application
of the budget for the salary and other benefits provided under this
Act. The DBM, in consultation with the BFP and the BJMP though the
DILG, shall periodically review and adjust every five (5) years the
rates of base pay, taking into consideration labor productivity,
consumer price index, oil price and other similar economic indicators
as may be determined by the National Economic and Development authority
(NEDA).
Sec. 16. Separability Clause.- If any portion or provision of this Act
is declared unconstitutional, the same shall not affect the validity
and effectivity of the other provisions not affected thereby.
Sec. 17. Repealing Clause. – All laws, decrees, orders, rules and
regulations, and other issuances, or parts thereof, which are
inconsistent with the provisions of this Act, are hereby deemed
repealed, amended or modified accordingly.
Sec. 18. Effectivity. – This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in at least
two (2) newspapers of general circulation, whichever comes earlier.
Approved: March 10, 2004
|