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This page features the full text of
Republic Act No. 6975
"Department
of the Interior and Local Government Act of 1990"
AN
ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A REORGANIZED
DEPARTMENT
OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 6975AN
ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A REORGANIZED
DEPARTMENT
OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES.
Section
1. Title of the Act. — This Act
shall be known as the "Department of the Interior and Local
Government
Act of 1990."
Sec.
2. Declaration of Policy. — It
is hereby declared to be the policy of the State to promote peace and
order,
ensure public safety and further strengthen local government capability
aimed towards the effective delivery of the basic services to the
citizenry
through the establishment of a highly efficient and competent police
force
that is national in scope and civilian in character. Towards this end,
the State shall bolster a system of coordination and cooperation among
the citizenry, local executives and the integrated law enforcement and
public safety agencies created under this Act.chanrobles virtuallaw libraryred
The
police force shall be organized, trained and equipped primarily for the
performance of police functions. Its national scope and civilian
character
shall be paramount. No element of the police force shall be military
nor
shall any position thereof be occupied by active members of the Armed
Forces
of the Philippines.
Sec.
3. Promulgation of Comprehensive
Policies by Congress. — Subject to the limitations provided in the
Constitution,
the President shall recommend to Congress the promulgation of policies
on public order and safety to protect the citizenry from all forms of
lawlessness,
criminality and other threats to peace and order.chanrobles virtuallaw libraryred
CHAPTER
I
THE
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
Sec.
4. The Department of the Interior
and Local Government. — To carry out the policies and purposes of this
Act, the Department of Local Government is hereby reorganized into the
Department of the Interior and Local Government, hereinafter referred
to
as the Department, in accordance with the provisions of this Act.
Sec.
5. Powers and Functions of the
Department. — In furtherance of the objectives of this Act, the
Department
shall continue to exercise the powers and functions of the Department
of
Local Government in addition to the powers and functions as herein
provided.
Sec.
6. Organization. — The Department
shall consist of the Department Proper, the existing bureaus and
offices
of the Department of Local Government, the National Police Commission,
the Philippine Public Safety College, and the following bureaus: the
Philippine
National Police, the Bureau of Fire Protection, and the Bureau of Jail
Management and Penology.
Sec.
7. Department Proper. — The Department
Proper shall consist of the existing staff services as provided for
under
Executive Order No. 262 and the following offices:
(a) Office
of the Secretary. — The office of the Secretary shall consist of the
Secretary
and his immediate staff; and(b) Office
of the Undersecretaries and Assistant Secretaries. — The Secretary
shall
be assisted by two (2) Undersecretaries, one (1) for local government
and
the other for peace and order, at least one (1) of whom must belong to
the career executive service, and three (3) career Assistant
Secretaries.chanrobles virtuallaw libraryred
Sec.
8. Head of Department. — The
head of the Department. — The head of the Department, hereinafter
referred
to as the Secretary, shall also be the ex-officio Chairman of the
National
Police Commission and shall be appointed by the President subject to
confirmation
of the Commission on Appointments. No retired or resigned military
officer
or police official may be appointed as Secretary within one (1) year
from
the date of his retirement or resignation.
Sec.
9. General Powers, Term of Office
and Compensation of the Secretary. — The authority and responsibility
for
the exercise of the Department's powers and functions shall be vested
in
the Secretary, who shall hold office at the pleasure of the President
and
shall receive the compensation, allowances and other emoluments to
which
heads of departments are entitled.
Sec.
10. Specific Powers and Functions
of the Secretary. — In addition to his powers and functions as provided
in Executive Order No. 262, the Secretary as Department head shall have
the following powers and functions:
(a) Prepare
and submit periodic reports, including a Quarterly Anti-Crime
Operations
Report and such other reports as the President and Congress may
require;chanrobles virtuallaw libraryred(b) Act
as Chairman and Presiding Officer of the National Police Commission; and
(c) Delegate
authority to exercise any substantive or administrative function to the
members of the National Police Commission or other officers of rank
within
the Department.
Sec.
11. Regional Offices. — The Department
shall establish, operate and maintain a regional office in each of the
administrative regions of the country to implement the policies and
programs
of the Department. Each regional office shall be headed by a regional
director
to be assisted by two (2) assistant regional directors: one (1) for
jail
management and penology and another for fire protection in addition to
the present assistant regional directors of the Department of Local
Government.
Sec.
12. Relationship of the Department
with the Department of National Defense. — During a period of
twenty-four
(24) months from the effectivity of this Act, the Armed Forces of the
Philippines
(AFP) shall continue its present role of preserving the internal and
external
security of the State: Provided, That said period may be extended by
the
President, if he finds it justifiable, for another period not exceeding
twenty-four (24) months, after which, the Department shall
automatically
take over from the AFP the primary role of preserving internal
security,
leaving to the AFP its primary role of preserving external security.
However,
even after the Department has assumed primary responsibility on matters
affecting internal security, including the suppression of insurgency,
and
there are serious threats to national security and public order, such
as
where insurgents have gained considerable foothold in the community
thereby
necessitating the employment of bigger tactical forces and the
utilization
of higher caliber armaments and better armored vehicles, the President
may, upon recommendation of the peace and order council, call upon the
Armed Forces of the Philippines to assume the primary role and the
Philippine
National Police (PNP) to play the supportive role in the area concerned.
In
times of national emergency, all elements of the PNP, the Bureau of
Fire
Protection, and the Bureau of Jail Management and Penology shall, upon
direction of the President, assist the Armed Forces of the Philippines
in meeting the national emergency.
The
complementary relationship between the Department of the Interior and
Local
Government and the Department of National Defense in any of the
preceding
eventualities shall be jointly prescribed by their respective
Secretaries
in a memorandum of agreement that shall thereafter be published and
implemented.
CHAPTER
II
THE
NATIONAL POLICE COMMISSION
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 a collegial body within the Department. It shall be composed
of
a Chairman and four (4) regular commissioners, one (1) of whom shall be
designated as Vice-Chairman by the President. The Secretary of the
Department
shall be the ex-officio Chairman of the Commission, while the
Vice-Chairman
shall act as the executive officer of the Commission.
Sec.
14. Powers and Functions of the
Commission. — The Commission shall exercise the following powers and
functions:chanroblesvirtualawlibrary
(a) Exercise
administrative control over the Philippine National Police;chanrobles virtuallaw libraryred(b) Advise
the President on all matters involving police functions and
administration;
(c) Foster
and develop policies and promulgate rules and regulations, standards
and
procedures to improve police services based on sound professional
concepts
and principles;
(d) 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;
(e) Prepare
a police manual prescribing rules and regulations for efficient
organization,
administration, and operation, including recruitment, selection,
promotion
and retirement;
(f) Establish
a system of uniform crime reporting;chanrobles virtuallaw libraryred
(g) Conduct
surveys and compile statistical data for the proper evaluation of the
efficiency
and effectiveness of all police units in the country;
(h) Render
to the President and to 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;
(i) Approve
or modify plans and programs on education and training, logistical
requirements,
communications, records, information systems, crime laboratory, crime
prevention
and crime reporting;chanrobles virtuallaw libraryred
(j) 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;
(k) Exercise
appellate jurisdiction through the regional appellate boards over
administrative
cases against policemen and over decisions on claims for police
benefits;
(l) Recommend
to the President, through the Secretary, within sixty (60) days before
the commencement of each calendar year, a crime prevention;
(m) Prescribe
minimum standards for arms, equipment, and uniforms and, after
consultation
with the Philippine Heraldy Commission, for insignia of ranks, awards
and
medals of honor;
(n) 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; and
(o) Perform
such other functions necessary to carry out the provisions of this Act
and as the President may direct.
Sec.
15. Qualifications. — No person
shall be appointed regular member of the Commission unless:chanroblesvirtualawlibrary
(a) He
is at least thirty-five (35) years of age;(b) A
member of the Philippine Bar or a holder of a master's degree in public
administration, business administration, management, sociology,
criminology,
law enforcement, national security administration, defense studies, and
other related discipline; and
(c) Has
had experience in law enforcement work for at least five (5) years .
Sec.
16. Term of Office. — The four
(4) regular and full-time Commissioners shall be appointed by the
President
upon the recommendation of the Secretary. Of the first four (4)
commissioners
to be appointed, two (2) commissioners shall serve for six (6) years
and
the two (2) other commissioners for four (4) years. All subsequent
appointments
shall be for a period of six (6) years each, without reappointment or
extension.
Sec.
17. Temporary or Permanent Incapacity
of the Chairman. — In case of absence due to temporary or permanent
incapacity
of the Chairman, the President shall designate an Acting Chairman. In
case
of death or permanent incapacity or disqualification of the Chairman,
the
Acting Chairman shall also act as such until a new Chairman shall have
been appointed and qualified.
Sec.
18. Removal from Office. — The
members of the Commission may be removed from office for cause. All
vacancies
in the Commission, except through expiration of term, shall be filled
up
for the unexpired term only: Provided, That any person who shall be
appointed
in this case shall be eligible for regular appointment for another full
term.
Sec.
19. Prohibitions. — The Chairman
and members of the Commission shall not engage in the practice of any
profession,
or intervene, directly or indirectly, in the management and control of
any private enterprise. They shall not, directly or indirectly, have
any
financial or material interest in any transaction requiring the
approval
of their office.
Sec.
20. Organizational Structure.
— The Commission shall consist of the following units:
(a) Commission
Proper. — This is composed of the offices of the Chairman and the four
(4) commissioners.(b) Staff
Services. — The staff services of the Commission shall be as follows:chanrobles virtuallaw libraryred(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;chanrobles virtuallaw libraryred
(4) The
Administrative Service, which shall provide the Commission with
assistance
on budgetary and financial matters; 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 and Monitoring Service, which shall conduct continuous
inspection
and management audit of personnel, facilities and operations at all
levels
of command of the PNP and shall monitor the implementation of the
Commission's
programs and projects relative to law enforcement; and
(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.
(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 Law Enforcement Board (PLEB) created
hereunder.
Sec.
21. Regional Offices. — The Commission
shall establish, operate and maintain regional offices headed by
regional
directors who shall implement the policies and programs of the
Commission
in their respective regions. For administrative purposes, the regional
offices of the Commission shall be attached to the general offices of
theDepartment.
Subject
to the standards that shall be prescribed by the Commission, the
regional
offices shall likewise perform the functions of adjudication of benefit
claims.
Sec.
22. Qualifications of Regional
Directors. — No person shall be appointed regional director unless:
(a) He
is at least thirty (30) years of age;(b) A
holder of a baccalaureate degree and appropriate civil service
eligibility;
and
(c) Has
at least five (5) years experience in the field of law enforcement,
criminology
or police administration.
CHAPTER
III
A.THE
PHILIPPINE NATIONAL POLICE ORGANIZATION
Sec.
23. Composition. — Subject to
the limitations provided for in this Act, the Philippine National
Police,
hereinafter referred to as the PNP, is hereby established, initially
consisting
of the members of the police forces who were integrated into the
Integrated
National Police (INP) pursuant to Presidential Decree No. 765, and the
officers and enlisted personnel of the Philippine Constabulary (PC).
For
purposes of this Act, the officers and enlisted personnel of the PC
shall
include those assigned with the Narcotics Command (NARCOM) or the
Criminal
Investigation Service (CIS); and those of the technical services of the
AFP assigned with the PC and the civilian operatives of the CIS. The
regular
operatives of the abolished NAPOLCOM Inspection, Investigation and
Intelligence
Branch may also be absorbed by the PNP. In addition, a PC officer or
enlisted
personnel may transfer to any of the branches or services of the Armed
Forces of the Philippines in accordance with the provisions of Section
85 of this Act.
In
order to be qualified for transfer to the PNP units in Metropolitan
Manila
and in highly urbanized cities, an individual must have completed not
less
than second year collegiate work or its equivalent in training of
seventy-two
(72) collegiate units.chanrobles virtuallaw libraryred
Anyone
who has any pending administrative or criminal case or has been
adjudged
liable or convicted of any crime pending appeal shall be allowed to
join
the PNP provisionally without prejudice to final judgment by a body of
competent jurisdiction.
The
permanent civilian employees of the present PC, INP, Narcotics Command,
CIS, and the technical services of the AFP assigned with the PC,
including
NAPOLCOM hearing officers holding regular items as such, shall be
absorbed
by the Department as employees thereof, subject to existing laws and
regulations.
Sec.
24. Powers and Functions. — The
PNP shall have the following powers and functions:
(a) Enforce
all laws and ordinances relative to the protection of lives and
properties;chanrobles virtuallaw libraryred(b) Maintain
peace and order and take all necessary steps to ensure public safety;
(c) Investigate
and prevent crimes, effect the arrest of criminal offenders, bring
offenders
to justice and assist in their prosecution;
(d) Exercise
the general powers to make arrest, search and seizure in accordance
with
the Constitution and pertinent laws;
(e) Detain
an arrested person for a period not beyond what is prescribed by law,
informing
the person so detained of all his rights under the Constitution;
(f) Issue
licenses for the possession of firearms and explosives in accordance
with
law;
(g) Supervise
and control the training and operations of security agencies and issue
licenses to operate security agencies, and to security guards and
private
detectives, for the practice of their professions; and
(h) Perform
such other duties and exercise all other functions as may be provided
by
law.
In
addition, the PNP shall absorb the office of the National Action
Committee
on Anti-Hijacking (NACAH) of the Department of National Defense, all
the
functions of the present Philippine Air Force Security Command
(PAFSECOM),
as well as the police functions of the Coast Guard. In order to perform
its powers and functions efficiently and effectively, the PNP shall be
provided with adequate land, sea, and air capabilities and all
necessary
material means of resources.
Sec.
25. Organization. — The PNP shall
be headed by a Chief who shall be assisted by two (2) deputy chief, one
(1) for operations and one (1) for administration, both of whom shall
be
appointed by the President upon recommendation of the Commission from
among
the most senior and qualified officers in the service: Provided,
however,
That in no case shall any officer who has retired or is retirable
within
six (6) months from his compulsory retirement age be appointed as Chief
of the PNP.The PNP shall be composed
of a national office, regional offices, provincial offices, district
offices,
city or municipal stations.
At
the national level, the PNP shall maintain its office in Metropolitan
Manila
which shall house the directorial staff, service staff and special
support
units.
At
the regional level, the PNP shall have regional offices, including that
of the National Capital Region, which may be divided into two (2)
separate
regions without prejudice to the pertinent provisions of the Organic
Act
for the Autonomous Regions of the Cordilleras and Muslim Mindanao
relative
to the creation of a regional police force in the area of autonomy.
Each
of these regional offices shall be headed by a regional director for
peace
and order.
At
the provincial level, there shall be a PNP office, each headed by a
provincial
director. In the case of large provinces, police districts may be
established
by the Commission to be headed by a district director.
At
the city or municipal level, there shall be a PNP station, each headed
by a chief of police.
The
Chief of the PNP shall, within sixty (60) days from the effectivity of
this Act and in accordance with the broad guidelines set forth herein,
recommend the organizational structure and staffing pattern of the PNP
to the Commission.
Sec.
26. Powers, Functions and term
of Office of the PNP Chief . — The command and direction of the PNP
shall
be vested in the Chief of the PNP who shall have the power to direct
and
control tactical as well as strategic movements, deployment, placement,
utilization of the PNP or any of its units and personnel, including its
equipment, facilities and other resources. Such command and direction
of
the Chief of the PNP may be delegated to subordinate officials with the
respect to the units under their respective commands, in accordance
with
the rules and regulation prescribed by the Commission. The Chief of the
PNP shall also have the power to issue detailed implementing policies
and
instructions regarding personnel, funds, properties, records,
correspondence
and such other matters as may be necessary to effectivity carry out the
functions, powers and duties of the Bureau. The Chief of the PNP shall
be appointed by the President from among the senior officers down to
the
rank of chief superintendent, subject to confirmation by the Commission
on Appointments: Provided, That the Chief of the PNP shall serve a term
of office not to exceed four (4) years: Provided, further, That in
times
of war or other national emergency declared by Congress, the President
may extend such term of office.chanrobles virtuallaw libraryred
Sec.
27. Manning Levels. — On the
average nationwide, the manning levels of the PNP shall be
approximately
in accordance with a police-to-population ratio of one (1) policeman
for
every five hundred (500) persons. The actual strength by cities and
municipalities
shall depend on the state of peace and order, population density and
actual
demands of the service in the particular area: Provided, That the
minimum
police-to-population ratio shall not be less than one (1) policeman for
every one thousand (1,000) persons: Provided, further, That urban areas
shall have a higher minimum police-to-population ratio as may be
prescribed
by regulations.
Sec.
28. Rank Classification. — For
purposes of efficient administration, supervision and control, the rank
classification of the members of the PNP shall be as follows:
Director
GeneralDeputy
Director Generalchanrobles virtuallaw libraryred
Director
Chief
Superintendent
Senior
Superintendent
Superintendent
Chief
Inspector
Senior
Inspector
Inspector
Senior
Police Officer IV
Senior
Police Officer III
Senior
Police Officer II
Senior
Police Officer I
Police
Officer III
Police
Officer II
Police
Officer I
Sec.
29. Key Positions. — The head
of the PNP with the rank director general shall have the position title
of Chief of the PNP. The second in command of the PNP with the rank of
deputy director general shall be the Deputy Chief of the PNP for
Administration.
The third in command with the rank also of deputy director general
shall
be the Deputy Chief of the PNP for Operations.
At
the national office, the head of the directorial staff with the rank of
deputy director general shall be known as Chief of the Directorial
Staff
of the PNP.
The
heads of the various staff divisions in the directorial staff shall
have
the rank of director with the position title of Director of the
Directorial
Staff of their respective functional divisions. The head of the
Inspectorate
Division with the rank of chief superintendent shall assume the
position
title of Inspector General. The heads of the administrative and
operational
support divisions shall have the rank of chief superintendent.
The
head of the NCR with the rank of director shall assume the position
title
of NCR Director.
The
heads of the regional offices with the rank of chief superintendent
shall
assume the position title of Regional Director.
The
heads of the NCR district offices with the rank of chief superintendent
shall have the position title of District Director.
The
heads of provincial offices with the rank of senior superintendent
shall
be known as Provincial Director.
The
heads of the district offices with the rank of superintendent shall
have
the position title of District Director.
The
heads of the municipality or city offices with the rank of chief
inspector
shall be known as Chief of Police.
Sec.
30. General Qualifications for
Appointment. — No person shall be appointed as officer or member of the
PNP unless he possesses the following minimum qualifications:
(a) A
citizen of the Philippines;(b) A
person of good moral conduct;
(c) Of
sound mind and body;
(d) Must
possess a formal baccalaureate degree for appointment as officer and
must
have finished at least second year college or the equivalent of
seventy-two
(72) collegiate units for appointment as non-officer or an equivalent
training
or experience for those already in the service upon the effectivity of
this Act.
(e) Must
be eligible in accordance with the standards set by the Commission;chanrobles virtuallaw libraryred
(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 be 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
weight not more or less than five kilograms (5 kg.) of 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.chanrobles virtuallaw libraryred
Sec.
31. Appointment of PNP Officers
and Members. — The appointment of the officers and members of the PNP
shall
be effected in the following manner:chanroblesvirtualawlibrary
(a) Police
Officer I to Senior Police Officer IV . — Appointed by the PNP regional
director for regional personnel or by the Chief of the PNP for the
national
headquarters personnel and attested by the Civil Service Commission.(b) Inspector
to Superintendent. — Appointed by the Chief of the PNP, as recommended
by their immediate superiors, attested by the Civil Service Commission;
(c) Senior
Superintendent to Deputy Director General. — Appointed by the President
upon recommendation of the chief of the PNP, with proper endorsement by
the Chairman of the Civil Service Commission and subject to
confirmation
by the Commission on Appointments; andchanrobles virtuallaw libraryred
(d) Director
General. — Appointed by the President from among the senior officers
down
to the rank of chief superintendent in the service, subject to
confirmation
by the Commission on Appointments: Provided, That the Chief of the PNP
shall serve a tour of duty not to exceed four (4) years: Provided,
further,
That, in times of war or other national emergency declared by Congress,
the President may extend such tour of duty.
Sec.
32. Examinations for Policemen.
— The Civil Service Commission shall administer the qualifying entrance
examinations for policemen on the basis of the standards set by the
NAPOLCOM.
Sec.
33. Lateral Entry of Officers
into the PNP. — In general, all original appointments of commissioned
officers
in the PNP shall commence with the rank of inspector, to include all
those
with highly technical qualifications applying for the PNP technical
services,
such as dentist, optometrists, nurses, engineers, and graduates of
forensic
sciences. Doctors of medicine, members of the Bar, and chaplains shall
be appointed to the rank of senior inspector in their particular
technical
service. Graduates of the Philippine National Police Academy (PNPA)
shall
be automatically appointed to the initial rank of inspector. Licensed
criminologists
may be appointed to the rank of inspector to fill up any vacancy after
promotions from the ranks are completed.
Sec.
34. Qualifications of Chief of
City and Municipal Police Stations. — No person may be appointed chief
of a city police station unless he holds a bachelor's degree from a
recognized
institution of learning or has served in the Philippine Constabulary or
in the police department of any city or municipality with the rank of
captain
or its equivalent therein for at least three (3) years.
No
person may be appointed chief of a municipal police station unless he
holds
a bachelor's degree from a recognized institution of learning or has
served
as officer in the Philippine Constabulary or in the police department
of
any city or municipality for at least two (2) years with the rank
lieutenant
or its equivalent: Provided, That a member of the Bar with at least
five
(5) years experience in active law practice and who possesses the
general
qualifications under Section 30 of this Act shall be qualified for
appointment
as chief of a city or municipal police station: Provided, further, That
the chief of police shall be appointed in accordance with the
provisions
of Section 51, paragraph b), subparagraph (4) (i) of this Act.
Sec.
35. Support Units. — The PNP
shall be supported by administrative and operational support units. The
administrative support units shall consist of the Crime Laboratory,
Logistic
Unit, Communications Unit, Computer Center, Finance Center and Civil
Security
Unit. The operational support units shall be composed of the Maritime
Police
Unit, Police Intelligence Unit, Police Security Unit, Criminal
Investigation
Unit, Special Action Force, Narcotics units, Aviation Security Unit,
Traffic
Management Unit, the Medical and Dental Centers and the Civil Relations
Unit. To enhance police operational efficiency and effectiveness, the
Chief
of the PNP may constitute such other support units as may be necessary
subject to the approval of the Commission: Provided, That no support
unit
headed by a chief superintendent or a higher rank can be created unless
provided by law.
(a) Administrative
Support Units. — (1) Crime Laboratory. There shall be established a
central
Crime Laboratory to be headed by a Director with the rank of chief
superintendent,
which shall provides scientific and technical investigative aid and
support
to the PNP and other government investigative agencies.
It
shall also provide crime laboratory examination, evaluation and
identification
of physical evidences involved in crimes with primary emphasis on their
medical, chemical, biological and physical nature.
There
shall be likewise be established regional and city crime laboratories
as
may be necessary in all regions and cities of the country.
(2) Logistic
Unit. — Headed by a Director with the rank of chief superintendent, the
Logistics Unit shall be responsible for the procurement, distributions
and management of all the logistical requirements of the PNP including
firearms and ammunition.
(3) Communications
Unit. — Headed by a Director with the rank of chief superintendent, the
Communications Unit shall be responsible for establishing an effective
police communications network.
(4) Computer
Center. — Headed by a Director with the rank of chief superintendent,
the
Computer Center shall be responsible for the design, implementation and
maintenance of a database system for the PNP.chanrobles virtuallaw libraryred
(5) Finance
Center. — Headed by a Director with the rank of chief superintendent,
the
Finance Center shall be responsible for providing finance services to
the
PNP.
(6) Civil
Security Unit. — Headed by a Director with the rank of chief
superintendent,
the Civil Security Unit shall provide administrative services and
general
supervision over organization, business operation and activities of all
organized private detectives, watchmen, security guard agencies and
company
guard houses.
The
unit shall likewise supervise the licensing and registration of
firearms
and explosives.
The
approval applications for licenses to operate private security
agencies,
as well as the issuance of licenses to security guards and the
licensing
of firearms and explosives, shall be decentralized to the PNP regional
offices.
(b) Operational
Support Units. — (1) Maritime Police Unit. Headed by a Director with
the
rank of chief superintendent, the Maritime Police Unit shall perform
all
police functions over Philippine territorial waters and rivers.chanrobles virtuallaw libraryred
(2) Police
Intelligence Unit. — Headed by a Director with the rank of chief
superintendent,
the Police Intelligence Unit shall serve as the intelligence and
counterintelligence
operating unit of the PNP.
(3) Police
Security Unit. — Headed by a Director with the rank of chief
superintendent,
Police Security Unit shall provide security for government officials,
visiting
dignitaries and private individuals authorized to be given protection.
(4) Criminal
Investigation Unit. — Headed by a Director with the rank of chief
superintendent,
the Criminal Investigation Unit shall undertake the monitoring,
investigation
and prosecution of all crimes involving economic sabotage, and other
crimes
of such magnitude and extent as to indicate their commission by highly
placed or professional criminal syndicates and organizations.
This
unit shall likewise investigate all major cases involving violations of
the Revised Penal Code and operate against organized crime groups,
unless
the President assigns the case exclusively to the National Bureau of
Investigation
(NBI).
(5) Special
Action Force. — Headed by a Director with the rank of chief
superintendent,
the Special Action Force shall function as a mobile strike force or
reaction
unit to augment regional, provincial, municipal and city police forces
for civil disturbance control, counterinsurgency, hostage-taking rescue
operations, and other special operations.
(6) Narcotics
Unit. — Headed by a Director with the rank of chief superintendent, the
Narcotics Unit shall enforce all laws relative to the protection of the
citizenry against dangerous and other prohibited drugs and substances.
(7) Aviation
Security Unit. — Headed by a Director with the rank of chief
superintendent,
the Aviation Security Unit, in coordination with airport authorities,
shall
secure all the country's airports against offensive and terroristic
acts
that threaten civil aviation, exercise operational control and
supervision
over all agencies involved in airport security operation, and enforce
all
laws and regulations relative to air travel protection and safety.
(8) Traffic
Management Unit. — Headed by a Director with the rank of chief
superintendent,
the TrafficManagement Unit shall enforce
traffic laws and regulations.
(9) Medical
and Dental Centers. — Headed by a Director with the rank of chief
superintendent,
the Medical and Dental Centers shall be responsible for providing
medical
and dental services for the PNP.
(10) Civil
Relations Units. — Headed with a Director with the rank of chief
superintendent,
the Civil Relations Unit shall implement plans and programs that will
promote
community and citizens' participation in the maintenance of peace and
order
and public safety.
Sec.
36. Status of Members of the
Philippine National Police. — The members of the PNP shall be
considered
employees of the National Government and shall draw their salaries
therefrom:
Provided, That PNP members assigned in Metropolitan Manila, chartered
cities
and first class municipalities may be paid in additional monthly
allowance
by the local government unit concerned.
B. PROFESSIONALISM,
WELFARE AND BENEFITS
Sec.
37. Performance Evaluation System.
— There shall be established a performance evaluation system which
shall
be administered in accordance with the rules, regulations and
standards,
and a code of conduct promulgated by the Commission for members of the
PNP. Such performance evaluation system be administered in such a way
as
to foster the improvement of individual efficiency and behavioral
discipline
as well as the promotion of organizational effectiveness and respect
for
the constitutional and human rights of citizens, democratic principles
and ideals and the supremacy of civilian authority over the military.
The
rating system as contemplated herein shall be based on standards
prescribed
by the Commission and shall consider results of annual physical,
psychological
and neuropsychiatric examinations conducted on the PNP officer or
member
concerned.
Sec.
38. Promotions. — (a) A member
of the PNP shall not be eligible for promotion to a higher position or
rank unless he has successfully passed the corresponding promotional
examination
given by the Commission, or the Bar or corresponding board examinations
for technical services and other professions, and has satisfactorily
completed
an appropriate and accredited course in the PNP or equivalent training
institutions. In addition, no member of the PNP shall eligible for
promotion
unless he has been cleared by the People's Law Enforcement Board (PLEB)
of complaints proffered against him, if any.chanrobles virtuallaw libraryred
(b) Special
promotion may be extended to any member of the PNP for acts of
conspicuous
courage and gallantry at the risk of his life above and beyond the call
of duty, or selected as such in a nationwide search conducted by the
PNP
or any accredited civic organization.
Sec.
39. Compulsory Retirement. —
Compulsory retirement, for officer and non-officer, shall be upon the
attainment
of age fifty-six (56): Provided, That, in case of any officer with the
rank of chief superintendent, director or deputy director general, the
Commission may allow his retention in the service for an unextendible
period
of one (1) year.chanrobles virtuallaw libraryred
Sec.
40. Optional Retirement. — Upon
accumulation of at least twenty (20) years of satisfactory active
service,
an officer or non-officer, at his own request and with the approval of
the Commission, shall be retired from the service and entitled to
receive
benefits provided by law.
C. ADMINISTRATIVE
DISCIPLINARY MACHINERY
Sec.
41.(a) Citizen's Complaints. — Any
complaint by an individual person against any member of the PNP shall
be
brought before the following:chanroblesvirtualawlibrary
(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 or 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 Section 43 hereof, where the
offense
is punishable by withholding of privileges, restriction to specified
limits,
suspension of 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
section.
(b) Internal
Discipline. — In 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:chanroblesvirtualawlibrary
(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 the
administrative
punishment of admonition or reprimand; restriction to specified limits;
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;
restriction to specified limits; 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.
(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 an act or
omission
not involving moral turpitude, but affecting the internal discipline of
the PNP, and shall include, but not limited to:chanroblesvirtualawlibrary
(1) Simple
misconduct or negligence;(2) Insubordination;
(3) Frequent
absences or tardiness;chanrobles virtuallaw libraryred
(4) Habitual
drunkenness; and
(5) Gambling
prohibited by law.
Sec.
42. Summary Dismissal Powers
of the PNP Chief and Regional Directors. — The Chief of the PNP and
regional
directors, after due notice and summary hearings, may immediately
remove
or dismiss any respondent PNP member in any of the following cases:chanroblesvirtualawlibrary
(a) When
the charge is serious and the evidence of guilt is strong;chanrobles virtuallaw libraryred(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 conduct unbecoming of a police officer.
Sec.
43. People's Law Enforcement
Board (PLEB). — (a) Creation and Functions. — Within thirty (30) days
from
the issuance of the implementing rules and regulations by the
Commission,
there shall be created by the sangguniang panlungsod/bayan in every
city
and municipality 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 municipality and for each of the legislative districts in a
city.
The PLEB shall have jurisdiction to hear and decide citizen's
complaints
or cases filed before it against erring officers and members of the
PNP.
There shall be at least one (1) PLEB for every five hundred (500) city
or municipal police personnel.
(b) Composition
and Term of Office. — The PLEB shall be composed of the following:chanroblesvirtualawlibrary
(1) Any
member of the sangguniang panlungsod/bayan chosen by his respective
sanggunian;(2) Any
barangay captain of the city or municipality concerned chosen by the
association
of barangay captains; and
(3) Three
(3) other members who shall be chosen by the 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 member of the Bar or, in the
absence
thereof, a college graduate, or the principal of the central elementary
school in the locality.
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 two (2)
years
from assumption of office. Such member shall hold office until his
successor
shall have been chosen and qualified.
(c) Compensation
— Membership in the PLEB is a civic duty. However, PLEB members may be
paid per diem as may be determined by the city or municipal council
from
city or municipal funds.
(d) Procedure
— (1) The PLEB, by a majority vote of all its members and its Chairman
shall determine whether or not the respondent officer or member of the
PNP is guilty of the charge upon which the complaint is based.
(2) Each
case shall be decided within sixty (60) days from the time the case has
been filed with the PLEB.
(3) The
procedures in the PLEB shall be summary in nature, conducted in
accordance
with due process, but without strict regard to technical rules of
evidence.
(4) The
Commission shall issue the necessary implementing guidelines and
procedures
to be adopted by the PLEB, including graduated penalties which may be
imposed
by the PLEB.
(5) The
Commission may assign the present NAPOLCOM hearing officers to act as
legal
consultants of the PLEBs and provide, whenever necessary, legal
services,
assistance and advise to the PLEBs in hearing and deciding cases
against
officers and members of the PNP, especially those involving difficult
questions
of law: Provided, That these lawyers may also be assigned to
investigate
claims for death and disability benefits of PNP members or their heirs.
(e) Decisions
— The decision of the PLEB shall become final and executory: Provided,
That a decision involving demotion or dismissal from the service may be
appealed by either party with the regional appellate board within ten
(10)
days from receipt of the copy of the decision.
Sec.
44. Disciplinary Appellate Boards.
— The formal administrative disciplinary machinery for the PNP shall be
the National Appellate Board and the regional appellate boards.
The
National Appellate Board shall consist of four (4) divisions, each
division
composed of a Commissioner as Chairman and two (2) other members. The
Board
shall consider appeals from decisions of the Chief of the PNP.chanrobles virtuallaw libraryred
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.chanrobles virtuallaw libraryred
Sec.
45. Finality of Disciplinary
Action. — The disciplinary action imposed upon a member of the PNP
shall
be final and executory: Provided, That a disciplinary action imposed by
the regional director or by the PLEB involving demotion or dismissal
from
the service may be appealed to the regional appellate board within ten
(10) days from receipt of the copy of the notice of decision: Provided,
further, That the disciplinary action imposed by the Chief of the PNP
involving
demotion or dismissal may be appealed to the National Appellate Board
within
ten (10) days from receipt thereof: Provided, furthermore, That the
regional
or National Appellate Board, as the case may be, shall decide the
appeal
within sixty (60) days from receipt of the notice of appeal: Provided,
finally, That failure of the regional appellate board to act on the
appeal
within said period shall render the decision final and executory
without
prejudice, however, to the filing of an appeal by either party with the
Secretary.
Sec.
46. Jurisdiction in Criminal
Cases. — Any provision of law to the contrary notwithstanding, criminal
cases involving PNP members shall within the exclusive jurisdiction of
the regular courts: Provided, That the courts-martial appointed
pursuant
to Presidential Decree No. 1850 shall continue to try PC-INP members
who
have already been arraigned, to include appropriate actions thereon by
the reviewing authorities pursuant to Commonwealth Act No. 408,
otherwise
known as the Articles of War, as amended, and Executive Order No. 178,
otherwise known as the Manual for Courts-Martial: Provided, further,
That
criminal cases against PC-INP members who may have not yet been
arraigned
upon the effectivity of this Act shall be transferred to the proper
city
or provincial prosecutor or municipal trial court judge.
Sec.
47. Preventive Suspension Pending
Criminal Case. — Upon the filing of a complaint or information
sufficient
in form and substance against a member of the PNP for grave felonies
where
the penalty imposed by law is six (6) years and one (1) day or more,
the
court shall immediately suspend the accused from office until the case
is terminated. Such case shall be subject to continuous trial and shall
be terminated within ninety (90) days from arraignment of the accused.
Sec.
48. Entitlement to Reinstatement
and Salary. — A member of the PNP who may have been suspended from
office
in accordance with the provisions of this Act or who shall have been
terminated
or separated from office shall, upon acquittal from the charges against
him, be entitled to reinstatement and to prompt payment of salary,
allowances
and other benefits withheld from him by reason of such suspension or
termination.
Sec.
49. Legal Assistance. — The Secretary
of the Department of Justice, the Chairman of the Commission or the
Chief
of the PNP may authorize lawyers of their respective agencies to
provide
legal assistance to any member of the PNP who is facing before the
prosecutor's
office, the court or any competent body, a charge or charges arising
from
any incident which is related to the performance of his official duty:
Provided, That government lawyers so authorized shall have the power to
administer oaths. The Secretary of Justice, the Chairman of the
Commission,
and the Chief of the PNP shall jointly promulgate rules and regulations
to implement the provisions of this section.
Sec.
50. Power to Administer Oaths.
— Officials of the Commission who are appointed by the President, as
well
as officers of the PNP from rank of inspector to senior superintendent,
shall have the power to administer oaths on matters which are connected
with the performance of their official duties.
D. PARTICIPATION
OF LOCAL EXECUTIVES IN THE ADMINISTRATION OF THE PNP
Sec.
51. Powers of Local Government
Officials Over the PNP Units or Forces. — Governors and mayors shall be
deputized as representatives of the Commission in their respective
territorial
jurisdiction. As such, the local executives shall discharge the
following
functions:chanroblesvirtualawlibrary
(a) Provincial
Governor — (1) Power to Choose the Provincial Director. — The
provincial
governor shall choose the provincial director from a list of three (3)
eligible recommended by the PNP regional director.(2) Overseeing
the Provincial Public Safety Plan Implementation. — The governor, as
chairman
of the provincial peace and order council, shall oversee the
implementation
of the provincial public safety plan, which is prepared taking into
consideration
the integrated community safety plans, as provided under paragraph (b)
(2) of this section. (b) City
and Municipal Mayors — (1) Operational Supervision and Control. The
city
and municipal mayors shall exercise operational supervision and control
over PNP units in their respective jurisdiction except during the
thirty
(30) day period immediately preceding and the thirty (30) days
following
any national, local and barangay elections. During the said period, the
local police forces shall be under the supervision and control of the
Commission
on Elections.chanrobles virtuallaw libraryredThe
term "operational supervision and control" shall mean the power to
direct,
superintend, oversee and inspect the police units and forces.
It
shall include the power to employ and deploy 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 term
"employ"
and "deploy" shall mean as follows:
"Employ"
refers to 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, lawless violence, rebellious seditious
conspiracy, insurgency, subversion or other related activities.chanrobles virtuallaw libraryred
"Deploy"
shall mean the orderly organized physical movement of elements or units
of the PNP within the province, city or municipality for purposes of
employment
as herein defined.
(2) Integrated
Community Safety Plans. — The municipal/city mayor shall, in
coordination
with the local peace and order council of which he is the chairman
pursuant
toExecutive Order No. 309, as amended,
develop and establish an integrated area/community public safety plan
embracing
priorities of action and program thrusts for implementation by the
local
PNP stations.
It
shall, likewise, be the duty of the city or municipal mayor to sponsor
periodic seminars for members of the PNP assigned or detailed in his
city
or municipality in order to update them regarding local ordinances and
legislations.
(3) Administrative
Disciplinary Powers. — In the areas of discipline, city and municipal
mayors
shall have the powers to impose, after due notice and summary hearings,
disciplinary penalties for minor offenses committed by members of the
PNP
assigned to their respective jurisdictions, as provided in Section 41
of
this Act.
(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.(ii) Authority
to recommend 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
appointment
shall be attested.
Sec.
52. Suspension of Operational
Supervision and Control. — The President may, upon consultation with
the
provincial governor and congressman concerned, suspend the power of
operational
supervision and control of any local executive over police units
assigned
or stationed in his jurisdiction for any of the following grounds:chanroblesvirtualawlibrary
(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, motu proprio or upon the
recommendation
of the National Police Commission, restore such power withdrawn from
any
local executive.
CHAPTER
IV
BUREAU
OF FIRE PROTECTION
Sec.
53. Composition. — The Bureau
of Fire Protection, hereinafter referred to as the Fire Bureau, is
hereby
created initially consisting of the existing officers and uniformed
members
of the fire service of the Integrated National Police as constituted
under
Presidential Decree No. 765.
Sec.
54. Powers and Functions. — The
Fire Bureau shall be responsible for the prevention and suppression of
all destructive fires on buildings, houses and other structures,
forest,
land transportation vehicles and equipment, ships or vessels docked at
piers or wharves or anchored in major seaports, petroleum industry
installations,
plane crashes and other similar incidents, as well as the enforcement
of
the Fire Code and other related laws.
The
Fire Bureau shall have the power to investigate all causes of fires
and,
if necessary, file the proper complaints with the city or provincial
prosecutor
who has jurisdiction over the case.
Sec.
55. Organization. — The Fire
Bureau shall be headed by a chief who shall be assisted by a deputy
chief.
It shall be composed of provincial offices, district offices and city
or
municipal stations.
At
the provincial level, there shall be an office of the provincial fire
marshall
which shall implement the policies, plans and programs of the
Department;
and monitor, evaluate and coordinate the operations and activities of
the
fire service operating units at the city and municipal levels. In the
case
of large provinces, district offices may be established, to be headed
by
a district fire marshall.
At
the city or municipal level, there shall be a fire station, each headed
by a city or municipal fire marshall: Provided, That, in the case of
large
cities and municipalities, a district office with subordinate fire
stations
headed by a district fire marshall may be organized as necessary.
The
Fire Chief shall recommended to the Secretary the organizational
structure
and staffing pattern, as well as the disciplinary machinery for
officers
and men of the Bureau, in accordance with the guidelines set forth
herein
and as provided in Section 85 of this Act.
The
local government units at the city and municipal levels shall be
responsible
for the fire protection and various emergency services such as rescue
and
evacuation of injured people at fire-related incidents and, in general,
all fire prevention and suppression measures to secure the safety of
life
and property of the citizenry.
Sec.
56. Establishment of Fire Station.
— There shall be established at least one (1) fire station with
adequate
personnel, firefighting facilities and equipment in every provincial
capital,
city and municipality subject to the standards, rules and regulations
as
may be promulgated by the Department. The local government unit shall,
however, provide the necessary and or site of the station.
Sec.
57. Qualification Standards.
— The qualification standards of the members of the Fire Bureau shall
be
as prescribed by the Department based on the requirement of the
service.chanrobles virtuallaw libraryred
Sec.
58. Rank Classification. — For
purposes of efficient administration, supervision and control, the rank
classification of the members of the Fire Bureau shall be as follows:
DirectorChief
Superintendent
Senior
Superintendent
Superintendent
Chief
Inspectorchanrobles virtuallaw libraryred
Senior
Inspector
Inspector
Senior
Fire Officer IV
Senior
Fire Officer III
Senior
Fire Officer II
Senior
Fire Officer I
Fire
Officer III
Fire
Officer II
Fire
Officer I
Sec.
59. Key Positions. — The head
of the Fire Bureau with the rank of director shall have the position
title
of Chief of the Fire Bureau. He shall be assisted by a deputy chief
with
the rank of chief superintendent.
The
assistant heads of the Department's regional offices with the rank of
senior
superintendent shall assume the position title of Assistant Regional
Director
for Fire Protection as provided in Section 11 of this Act; the heads of
the NCR district offices with the rank of senior superintendent shall
have
the position title of District Fire Marshall; the heads of the
provincial
offices with the rank of superintendent shall be known as Provincial
Fire
Marshall; the heads of the district offices with the rank of chief
inspector
shall have the position title of District Fire Marshall; and the heads
of the municipal or city stations with the rank of senior inspector
shall
be known as Chief of Municipal/City Fire Station.
CHAPTER
V
BUREAU
OF JAIL MANAGEMENT AND PENOLOGY
Sec.
60. Composition. — The Bureau
of Jail Management and Penology, hereinafter referred to as the Jail
Bureau,
is hereby created initially consisting of officers and uniformed
members
of the Jail Management and Penology Service as constituted under
Presidential
Decree No. 765.
Sec.
61. Powers and Functions. — The
Jail Bureau shall exercise supervision and control over all city and
municipal
jails. The provincial jails shall be supervised and controlled by the
provincial
government within its jurisdiction, whose expenses shall be subsidized
by the National Government for not more than three (3) years after the
effectivity of this Act.
Sec.
62. Organization. — The Jail
Bureau shall be headed by a Chief who shall be assisted by a deputy
chief.
The
Jail Bureau shall composed of city and municipal jails, each headed by
a city or municipal jail warden: Provided, That, in the case of large
cities
and municipalities, a district jail with subordinate jails headed by a
district jail warden may be established as necessary.
The
Chief of the Jail Bureau shall recommended to the Secretary the
organizational
structure and staffing pattern of the Bureau as well as the
disciplinary
machinery for officers and men of the Bureau in accordance with the
guidelines
set forth herein and as prescribed in Section 85 of this Act.
Sec.
63. Establishment of District,
City or Municipal Jail. — There shall be established and maintained in
every district, city and municipality a secured, clean adequately
equipped
and sanitary jail for the custody and safekeeping of city and municipal
prisoners, any fugitive from justice, or person detained awaiting
investigation
or trial and/or transfer to the national penitentiary, and/or violent
mentally
ill person who endangers himself or the safety of others, duly
certified
as such by the proper medical or health officer, pending the transfer
to
a medical institution.
The
municipal or city jail service shall preferably be headed by a graduate
of a four (4) year course in psychology, psychiatry, sociology,
nursing,
social work or criminology who shall assist in the immediate
rehabilitation
of individuals or detention of prisoners. Great care must be exercised
so that the human rights of this prisoners are respected and protected,
and their spiritual and physical well-being are properly and promptly
attended
to.
Sec.
64. Rank Classification. — For
purpose of efficient administration, supervision and control, the rank
classification of the members of the Jail Bureau shall be as follows:chanrobles virtuallaw libraryred
DirectorChief
Superintendent
Senior
Superintendent
Superintendent
Chief
Inspector
Senior
Inspector
Inspector
Senior
Jail Officer IV
Senior
Jail Officer III
Senior
Jail Officer II
Senior
Jail Officer I
Jail
Officer III
Jail
Officer II
Jail
Officer I
Sec.
65. Key Positions. — The head
of the Jail Bureau with the rank of director shall have the position
title
of Chief of Jail Bureau. He shall be assisted by a deputy chief with
the
rank of chief superintendent.
The
assistant heads of the Department's regional offices with the rank of
senior
superintendent shall assume the position title of Assistant Regional
Director
of Jail Management and Penology as provided by Section 12 of this Act;
the heads of district offices with the rank of chief inspector shall
have
the position title of District Jail Warden; and the heads of the city
or
municipal stations with the rank of senior inspector shall be known as
City/Municipal Jail Warden.
CHAPTER
VI
THE
PHILIPPINE PUBLIC SAFETY COLLEGE
Sec.
66. Creation of the Philippine
Public Safety College. — There is hereby created the Philippine Public
Safety College (PPSC), which shall be the premier educational
institution
for the training, human resource development and continuing education
of
all personnel of the PNP, Fire and Jail Bureaus.
Said
College shall be under the direct supervision of a Board of Trustees
composed
of the Secretary and the three (3) bureau heads.
Sec.
67. Composition, Powers and Functions.
— The College shall consist of the present Philippine National Police
Academy
(PNPA) established pursuant to Section 13 of Presidential Decree No.
1184,
the Fire Service Training Center, the Philippine National Training
Center
(PNTC), the National Police College, and other special training centers
as may be created by the Department, whose functions shall be as
follows:chanrobles virtuallaw libraryred
(a) Formulate
and implement training programs for the personnel of the Department;(b) Establish
and maintain adequate physical training facilities;
(c) Develop
and implement research and development to support educational training
programs;
(d) Conduct
an assessment of the training needs of all its clientele; andchanrobles virtuallaw libraryred
(e) Perform
such other related functions as may be prescribed by the Secretary.
Sec.
68. Organization. — The structure
and staffing pattern of the College shall be prescribed by the
Secretary.
CHAPTER
VII
COMMON
PROVISIONS FOR UNIFORMED PERSONNEL
Sec.
69. Incentives and Awards. —
There shall be established an incentives and awards system which shall
be administered by a board under such rules, regulations and standards
as may be promulgated by the Department: Provided, That equivalent
awards
shall be given by the Department for every award duly given by
respectable
civic organizations in a nationwide selection for outstanding
achievement
and/or performance of any member.
Sec.
70. Health and Welfare. — It
shall be the concern of the Department to provide leadership and
assistance
in developing health and welfare programs for its personnel.
The
heads of all bureaus and other offices created under this Act shall
take
all proper steps towards the creation of an atmosphere conducive to a
good
supervisor-subordinate relationship and the improvement of personnel
morale.
Sec.
71. Longevity Pay and Allowances.
— Uniformed personnel of the Department shall be entitled to a
longevity
pay of ten percent (10%) of their basic monthly salaries for every five
(5) years of service, which shall be reckoned from the date of the
personnel's
original appointment in the AFP, or appointment in the police, fire
jail
or other allied services to the integration of the PC and the INP:
Provided,
That the totality of such longevity pay shall not exceed fifty percent
(50%) of the basic pay. They shall also continue to enjoy the
subsistence
allowance, quarters allowance, clothing allowance cost of living
allowance,
hazard pay, and all other allowances as provided by existing laws.
Sec.
72. Active Service. — For purposes
of this Act, active service of the uniformed personnel shall refer to
services
rendered as an officer and non-officer, cadet, trainee or draftee in
the
PNP, Fire or Jail Force or in the municipal police prior to the
integration
of the PC-INP or in the AFP, and services rendered as a civilian
official
or employee in the Philippine Government prior to the date of
separation
or retirement from the PNP, Fire or Jail Force: Provided, That, for
purposes
of retirement he shall have rendered at least ten (10) years of active
service as officer or non-officer in the AFP, and /or in the INP and/or
in the PNP, Fire or Jail Force: Provided, further, That services
rendered
as cadet, probationary officer, trainee or draftee in the AFP or as
cadet
or trainee in the INP and PNP shall be credited for purposes of
longevity
pay: Provided, finally, That, for cadet services, the maximum number of
service to be credited shall not exceed the duration of the
pre-commissionship
course specified in the curriculum.
Sec.
73. Permanent Physical Disability.
— An officer or non-officer who, having accumulated at least twenty
(20)
years of active service, incurs total permanent physical disability in
line of duty shall be compulsorily retired: Provided, That, if he has
accumulated
less than twenty (20) years of active service, he shall be separated
from
the service and be entitled to a separation pay equivalent to one and
one-fourth
(11/4) months base pay for every year of service, or a fraction
thereof,
and longevity pay of the permanent grade he holds.
Sec.
74. Retirement in the Next Higher
Grade. — Uniformed personnel covered under this Act shall, for purposes
of retirement pay, be retired in one (1) grade higher than the
permanent
grade last held: Provided, That they have served for at least one (1)
year
of active service in the permanent grade.
Sec.
75. Retirement Benefits. — Monthly
retirement pay shall be fifty percent (50%) of the base pay and
longevity
pay of the retired grade in case of twenty (20) years of active
service,
increasing by two and one-half percent (2.5%) for every year of active
service rendered beyond twenty (20) years to a maximum of ninety
percent
(90%) for thirty-six (36) years of active service and over.
Sec.
76. Death and Disability Benefits.
— A uniformed personnel and/or his heirs shall be entitled to all
benefits
relative to the death or permanent incapacity of said personnel, as
provided
for under this Act, and/or other existing laws.
Sec.
77. Exemption from Attachment
and Taxes. — All benefits granted by this Act, including benefits
received
from the Government Service Insurance System, shall not be subject to
attachment,
levy, execution or any tax of whatever nature.
Sec.
78. Uniformed Personnel Missing
in Action. — Any uniformed personnel who while in the performance of
duty
or by reason of his being an officer or member of the PNP, Fire or Jail
Force, is officially confirmed missing in action, kidnapped or captured
by lawless elements shall, while so absent, be entitled to receive or
to
have credited to his account the same pay and allowances to which such
officer or uniformed member was entitled at the time of the incident:
Provided,
That the compulsory retirement of a person missing in action shall be
processed
to allow the members of the next of kin to enjoy the retirement
benefits:
Provided, further, That should the Chief of the PNP, Fire or Jail
Force,
as the same may be, upon the recommendation of the proper authority
and/or
immediate supervisor, subsequently determine that the officer or
uniformed
member concerned have been absent from duty without authority, such
member
or his heirs shall reimburse the PNP, Fire or Jail Force all such
amount
and allowances received by him in accordance with this section and the
following section.
Sec.
79. Payment of Salary and Allowances
to the Heirs of Uniformed Personnel. — In case any uniformed personnel
has been officially confirmed as missing in action under any of the
circumstances
provided in the preceding section, the Chief of the PNP, Fire or Jail
Force,
as the case may be, shall direct payment of the absent uniformed
personnel's
monthly salary and allowances and other emoluments pertinent thereto
his/her
heirs for their support for a maximum period of one (1) year from the
date
of commencement of absent or when last heard from as those kidnapped or
captured by lawless elements.chanrobles virtuallaw libraryred
Sec.
80. Finding of Death and Termination
of Payment of Salary and Allowances. — Upon the termination of the one
(1) year period as specified in the preceding section, the missing
uniformed
personnel shall be automatically terminated. In the event said
personnel
shall thereafter be found to have been alive and is not entitled to the
benefits paid under the preceding sections of this Act, said benefits
shall
be reimbursed to the State within six (6) months from the discovery of
the fact or his reappearance. However, if his continued disappearance
was
fraudulent or made in bad faith he shall, together with his
co-conspirators,
be prosecuted according to law.
Sec.
81. Complaints and Grievances.
— Uniformed personnel shall have the right to present complaints and
grievances
to their superiors or commanders and have them heard and adjudicated as
expeditiously as possible in the best interest of the service, with due
regard to due process in every case. Such complaints or grievances
shall
be resolved at the lowest possible level in the unit of command and the
respondent shall have the right to appeal from an adverse decision to
higher
authorities.
Sec.
82. Prohibitions; Penalties.
— As professional police, fire and jail officers and members
responsible
for the maintenance of peace and order and public safety, the members
and
officers of the PNP, Fire or Jail Force are hereby prohibited from
engaging
in strikes, rallies, demonstrations and other similar concerted
activities,
or performing other acts prejudicial to good order and police
discipline.
Any
PNP, fire or Jail Force member found guilty by final judgment of
violating
the provisions of the preceding paragraph shall be dismissed from the
service
without prejudice to whatever criminal or civil liability he may have
incurred
in relation to such violations.
CHAPTER
VIII
TRANSITORY
PROVISIONS
Sec.
83. Secretary of the Department
of Local Government on Holdover Capacity. — The incumbent Secretary of
the Department of Local Government shall perform the functions of the
Secretary
of the Interior and Local Government on holdover capacity until such
time
when a new Secretary shall have been appointed by the President and
confirmed
by the Commission on Appointments.
Sec.
84. Special Oversight Committee.
— A special Over-sight Committee is hereby created, composed of the
Secretary
as Chairman, the Secretary of Budget and Management as Co-chairman, the
Secretary of National defense, the incumbent PC-INP Director General,
the
incumbent Chairman of the Civil Service Commission, the respective
Chairmen
of the Committee on Local Government and the Committee on National
Defense
and Security in the Senate, and the respective Chairmen of the
Committee
on Public Order and Security and the Committee on National Defense in
the
House of Representatives, as members, which shall plan and oversee the
expeditious implementation of the transfer, merger and/or absorption
into
the Department of the personnel, property, appropriations and
installations
of involved agencies.
Sec.
85. Phases of Implementation.
— The implementation of this Act shall be undertaken in three (3)
phases,
to wit:
Phase
I — Exercise of option by the uniformed members of the Philippine
Constabulary,
the PC elements assigned with the Narcotics Command, CIS, and the
personnel
of the technical services of the AFP assigned with the PC to include
the
regular CIS investigating agents and the operatives and agents of the
NAPOLCOM
Inspection, Investigation and Intelligence Branch, and the personnel of
the absorbed National Action Committee on Anti-Hijacking (NACAH) of the
Department of National Defense to be completed within six (6) months
from
the date of the effectivity of this Act. At the end of this phase, all
personnel from the INP, PC; AFP Technical Services, NACAH and NAPOLCOM
Inspection, Investigation and Intelligence Branch shall have been
covered
by official orders assigning them to the PNP, Fire and Jail Forces by
their
respective units.Phase
II — Approval of the table of organization and equipment of all bureaus
and offices created under this Act, preparation and filling up of their
stalling pattern, transfer of assets to the Department and organization
of the Commission, to be completed within twelve (12) months from the
effectivity
date hereof. At the end of this phase, all personnel to be absorbed by
the Department shall have been issued appointment papers, and the
organized
Commission and the PNP shall be fully operational.
The
PC officers and enlisted personnel who have not opted to join the PNP
shall
be reassigned to the Army, Navy or Air Force, or shall be allowed to
retire
under existing AFP rules and regulations. Any PC-INP officer or
enlisted
personnel may, within the twelve-month period from the effectivity of
this
Act, retire and be paid retirement benefits corresponding to a position
two (2) ranks higher than his present grade, subject to the conditions
that at the time he applies for retirement, he has rendered at least
twenty
(20) years of service and still has, at most, twenty-four (24) months
of
service remaining before the compulsory retirement age as provided by
existing
law for his office.chanrobles virtuallaw libraryred
Phase
III — Adjustment of ranks and establishment of one (1) lineal roster of
officers and another for non-officers, and the rationalization of
compensation
and retirement systems; taking into consideration the existing
compensation
schemes and retirement and separation benefit systems of the different
components of the PNP, to ensure that no member of the PNP shall suffer
any diminution in basic longevity and incentive pays, allowances and
retirement
benefits due there before the creations of the PNP, to be completed
within
eighteen (18) months from the effectivity of this Act. To accomplish
the
task of Phase III, the Commission shall create a Board of officers
composed
of the following: NAPOLCOM Commissioner as Chairman and one (1)
representative
each for the PC, Budget and Management.
Upon
the effectivity of this Act, the Secretary shall exercise
administrative
supervision as well as operational control over the transferred, merged
and/or absorbed AFP and INP units. The incumbent Director General of
the
PC-INP shall continue to act as Director General of the PNP until such
time as he shall have been replaced by the President.chanrobles virtuallaw libraryred
Sec.
86. Assumption by the PNP of
Police Functions. — The PNP shall absorb the functions of the PC, the
INP
and the Narcotics Command upon the effectivity of this Act.
All
functions of the PAFSECOM and the police functions of the Coast Guard
shall
be taken over by the PNP when it acquires the capability to perform
such
functions after the transition period of eighteen (18) months. The
personnel
of the PAFSECOM or the Coast Guard shall, within the transition period,
have the option to join the PNP or remain with the PAFSECOM or the
Coast
Guard, as the case may be.
Sec.
87. Absorption by the Department
of the National Action Committee on Anti-Hijacking. — The Department
shall
absorb the National Action Committee on Anti-Hijacking under the
Department
of National Defense, and the transfer of assets, personnel and
accountabilities
of this office to the Department shall proceed in accordance with the
provisions
of this chapter.
Sec.
88. Transfer, Merger, and Absorption
of Offices and Personnel. — All properties, equipment, finances of the
transferred and absorbed agencies, including their respective
accountabilities,
are hereby transferred to the Department.
The
transfer, merger and/or absorption of any government office/unit
concerned
shall include the functions, appropriations, funds, records, equipment,
facilities, choses in action, rights, other assets, and liabilities, if
any, of the transferred Office/unit as well as the personnel thereof,
who
shall; unless removed for cause and after due process; in a holdover
capacity,
continue to perform their respective duties and responsibilities and
receive
their corresponding salaries and benefits. Those personnel of the
transferred,
merged, and/or absorbed office/unit whose positions are not included in
the new position structure and staffing pattern approved by the
Department
or who are not reappointed shall be given preference to join the
Department
or any of the offices thereunder or shall be allowed to retire under
existing
laws, rules and regulations. Otherwise, they shall be deemed separated
and paid gratuity equivalent to one and one-fourth (11/4) months basic
salary for every year of service or a fraction thereof.
The
personnel of the existing Department of Local Government shall, unless
removed for cause and after due process, continue to perform their
duties
and responsibilities and shall receive their corresponding salaries and
benefits.
The
heads of the various bureaus and offices created under this Act shall,
within six (6) months from the effectivity of this Act, recommended the
organizational structure and staffing pattern of their bureaus, and
offices
for approval by the Secretary.
Sec.
89. Compulsory Retirement for
INP Members. — Any provision hereof to the contrary notwithstanding and
within the transition period of four (4) years following the
effectivity
of this Act, the following members of the INP shall be considered
compulsorily
retired:
(a) Those
who shall attain the age of sixty (60) on the first year of the
effectivity
of this Act.(b) Those
who shall attain the age of fifty-nine (59) on the second year of the
effectivity
of this Act; and
(c) Those
who shall attain the age of fifty-eight (58) on the third year of the
effectivity
of this Act.
(d) Those
who shall attain the age of fifty-seven (57) on the fourth year of the
effectivity of this Act.
Sec.
90. Status of Present NAPOLCOM,
PC-INP. — Upon the effectivity of this Act, the present National Police
Commission, and the Philippine Constabulary-Integrated National Police
shall cease to exist. The Philippine Constabulary, which is the nucleus
of the integrated Philippine Constabulary-Integrated National Police,
shall
cease to be a major service of the Armed Forces of the Philippines. The
Integrated National Police, which is the civilian component of the
Philippine
Constabulary-Integrated National Police, shall cease to be the national
police force and in lieu thereof, a new police force shall be
established
and constituted pursuant to this Act.chanrobles virtuallaw libraryred
CHAPTER
IX
FINAL
PROVISIONS
Sec.
91. Application of Civil Service
Laws. — The Civil Service Law and its implementing rules and
regulations
shall apply to all personnel of the Department.
Sec.
92. Funding. — For purpose of
organizing and constituting the Department, and for carrying out the
provisions
of this Act, the appropriations of the abolished, transferred or
reconstituted
offices for the current fiscal year shall be transferred to the
Department.
Thereafter, such as may be necessary to carry out the provisions of
this
Act shall be included in the annual General Appropriations Act.
Sec.
93. Implementing Rules and Regulations.
— Within ninety (90) days from his appointment, the Secretary shall
promulgate
rules and regulations necessary to ensure the effective implementation
of this Act.
Sec.
94. Separability Clause. — If
any portion or provision of this Act is declared unconstitutional, the
same shall not effect the validity and effectivity of the other
provisions
not affected thereby.chanrobles virtuallaw libraryred
Sec.
95. Repealing Clause. — All laws,
decrees, executive orders, rules and regulations, and other issuances
or
parts thereof which are inconsistent with this Act hereby repealed,
amended
or modified accordingly.
The
provisions of Executive Order No. 262 shall remain valid insofar as
they
are not inconsistent with the provisions of this Act.
Sec.
96. Effectivity. — This Act shall
take effect after fifteen (15) days following its publication in two
(2)
national newspapers of general circulation.chanrobles virtuallaw libraryred
Approved:
December
13, 1990
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