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Lea1 PRELIM PERIOD MODULE

This document provides information about a law enforcement organization and administration course at Colegio de Santa Catalina de Alejandria. The course aims to identify theories of police service, discuss the history and laws related to the Philippine National Police, and examine the organization of law enforcement agencies in the Philippines. Students will be evaluated based on activity submissions, video presentations, and exams. The instructor is Mrs. Gepil Mae Bacud-Marino and she introduces the course modules which will cover topics such as the origin of the word "police", theories of police service, and organizational units in law enforcement.

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0% found this document useful (0 votes)
206 views41 pages

Lea1 PRELIM PERIOD MODULE

This document provides information about a law enforcement organization and administration course at Colegio de Santa Catalina de Alejandria. The course aims to identify theories of police service, discuss the history and laws related to the Philippine National Police, and examine the organization of law enforcement agencies in the Philippines. Students will be evaluated based on activity submissions, video presentations, and exams. The instructor is Mrs. Gepil Mae Bacud-Marino and she introduces the course modules which will cover topics such as the origin of the word "police", theories of police service, and organizational units in law enforcement.

Uploaded by

Klein Gajo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 41

Colegio de Santa Catalina de Alejandria

Bp. Epifanio B. Surban Street, Dumaguete City


COLLEGE OF CRIMINAL JUSTICE EDUCATION

Course Code LEA 1


Course Title LAW ENFORCEMENT ORGANIZATION AND ADMNISTRATION
(Inter-agency Approach)

Course Description

Course Learning Objectives A. Knowledge:


 Identify and discuss the theories of police service, concept of
police service, history of PNP, laws creating the PNP
particularly RA 6975 and RA 8551;
 Identify issues and concerns on the PNP, BFP, NBI, PDEA,
and Phil. Coast Guard Organization;
 Enumerate and discuss the principles of organization.

B. Skills
 Use the acquired learning’s pertaining to the manner of arrest,
basic rights of the arrested person, and principles of
organization.
 Apply the methods of patrol, laws governing the law
enforcement organization, and appreciate the functions and
responsibilities of the law enforcement pillar of the Philippine
Criminal Justice System.
Course Requirements Submission of Activity folder
Video conferencing (scheduled)
Recorded Video presentation
Major Exams
COSCA VISION We envision COSCA as a Christ-Centered, Premier Diocesan Catholic
Educational Institution, Transformative in Christian Leadership and Service,
Enhancing the Family, Church, and Society in the Midst of a Fast Changing
Word.
COSCA Mission We provide and impart a Catholic education that is Christ-centered and
competency-based, holistic and transformative, through appropriate use of
relevant pedagogy and technology.

We equip students with globally-responsive knowledge, attitudes, and skills


that are based on Christian principles and values.

We engage in research-based community projects for people empowerment


and nation-building.

We advocate and promote the protection and preservation of Mother Earth, our
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common home, through responsible stewardship.
COSCA Core Values 1. Fides, Spes, Caritas – We believe, We hope, We love
2. Truth and Wisdom
3. Mission and Evangelization
4. Discipleship
5. Stewardship
6. Empowerment
7. Christian Service
Course Policy: 1. All forms of dishonesty as indicated as deal class rules in the
higher education is automatically equivalent to a failing grade of academic
exercise. Plagiarism is automatic “Failed “ in an output.
2. All oral and written communication outputs are required to
observe the use of gender sensitive language.
3. This course prohibits discrimination and harassment based on race,
ethnicity, sex (including sexual assault) pregnancy, color, religion, national
origin, physical or mental disability, age, marital status, sexual orientation,
gender identity, and genetic information.

Course Outline Topics


1. Origin of the word Police
Prelim Grading Period 2. Theories and Concept of Police Service
3. Organization unit, function, and structure
4. Principles of organization
5. Brief history of the PHILIPPINE POLICING SYSTEM
6. PNP organization and pertinent laws

Grading System CS - 60%


Major Exam- 40%

References:

COSCA brochure
https://www.lawphil.net/statutes/repacts/ra1998/ra_8551_1998.html
https://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html
https://www.youtube.com/watch?v=ennWsDiCt_c
https://www.youtube.com/watch?v=5BmGbXKt0sg&feature=emb_logo

Instructor: Mrs. Gepil Mae Bacud-Marino, MSCJ


Instructor

Noted: Dr. Ma. Lina R. Eparwa


VP, Academics

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Colegio de Santa Catalina de Alejandria
Bishop Epifanio B. Surban Street, Sumaguete City

College of Criminal Justice Education SY 2020-2021

Hello Cadets!

Let me introduce myself. I am Mrs. Gepil Mae B. Marino, MSCJ your subject-instructress teaching LEA1-
LAW ENFORCEMENT ORGANIZATION AND ADMNISTRATION (Inter-agency Approach).

This module is prepared for you to study while you are at home. You will be graded based on the activities you
accomplish and the major exams. For this subject, you will be required to submit activities which must be
placed in a LONG FOLDER with your NAME, YEAR LEVEL, SUBJECT, AND SECTION legibly written.
Moreover, recorded video discussion and scheduled virtual meeting or conference will also be conducted.

MODULE 1: INTRODUCTION: LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION


Introduction: The organization with management and administration is directed towards the achievement of
goals and objectives.

Goals are broad statements of general and long term organizational purposes often used to define the role of the
police, for instance, to prevent crime, maintain order or help solve community problems. Objectives are specific
short term statements consistent with an organizations goal.

The organization guides members in its operation of the assigned duties. It enhances better administration of the
department. Good organization and administration would eventually mean effective and efficient police work.
Organization can also distinguished by their degree of formality and structure:

1. Formal Organization-is defined as those organizations that are formally established for explicit purpose of
achieving certain goals. (Stable social institutions.)

2. Informal Organization- are those sharing the basic characteristic of all organizations arise through the social
interactions of individuals or through family grouping.

What is Organization?
It is a form of human association for the attainment of goal or objective.

It is the process of identifying and grouping the work to be performed, defining and delegating responsibility
and authority establishing relationships for the propose of enabling people work effectively.

ORIGIN OF THE WORD “POLICE”

POLITEIA – Greek word which means government of the city (Polis)

POLITIA – Roman word which means condition of the state or government

POLICE – French word which was later adopted by the English language.

THEORIES OF POLICE SERVICE

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1. HOME RULE THEORY
- policemen are regarded as servants of the community, who rely for the efficiency of their functions upon the
express needs of the people.
- Policemen are civil servants whose key duty is the
preservation of public peace and security.

2. CONTINENTAL THEORY
- policemen are regarded as state or servants of the higher authorities
- the people have no share or have neither little participation with the duties nor connection with the police
organization.

CONCEPTS OF POLICE SERVICE

1. OLD CONCEPT
- police service gives the impression of being merely a suppressive machinery
- this philosophy advocates that the measurement of police competence is the increasing number of arrests,
throwing offenders in detention facilities rather than trying to prevent them from committing crimes.

2. MODERN CONCEPT
- regards police as the first line of defense of the criminal justice system, an organ of crime prevention
- police efficiency is measured by the decreasing number of crimes
- broadens police activities to cater to social services and has for its mission the welfare of the individual as well as
that of the community in general.

ORGANIZATIONAL UNITS IN THE POLICE ORGANIZATION

1. Functional Units

Bureau - the largest organic functional unit within a large department; comprised of several divisions.

Division - a primary subdivision of a bureau.

Section - functional unit within a division that is necessary for specialization.

Unit - functional group within a section or the smallest functional group within an organization.

2. Territorial Units

Post - a fixed point or location to which an officer is assigned for duty.

Route - a length of streets designated for patrol purpose, also called line beat.

Beat - an area designed for patrol purposes whether foot or motorized.

Sector - an area containing two or more beat, route or post.

District - a geographical subdivision of a city for patrol purposes, usually with its own station.

Area - a section or territorial division of a large city each comprised of designated districts.

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FUNCTIONS IN A POLICE ORGANIZATION

1. PRIMARY OR LINE FUNCTIONS


- functions that carry out the major purposes of the organization, delivering the services and dealing directly
with the public
- the backbone of the police department
- examples of the line functions of the police are patrolling, traffic duties, crime investigation

2. STAFF/ADMINISTRATIVE FUNCTIONS
- functions that are designed to support the line functions and assist in the performance of the line functions
- examples of the staff functions of the police are planning, research, budgeting and legal advice

3. AUXILIARY FUNCTIONS
- functions involving the logistical operations of the organization
- examples are training, communication, maintenance, records management, supplies and equipment
management

ORGANIC UNITS IN A POLICE ORGANIZATION

1. OPERATIONAL UNITS
- those that perform primary or line functions
- examples are patrol, traffic, investigation and vice control

2. ADMINISTRATIVE UNITS
- those that perform the administrative functions examples are personnel, finance, planning and
training.
3. SERVICE UNITS
- those that perform auxiliary functions
- examples are communication, records management, supplies.

ORGANIZATIONAL STRUCTURE
- the systematic arrangement of the relationship of the members, positions, departments and
functions or work of the organization
- it is comprised of functions, relationships, responsibilities and authorities of individuals within
the organization
KINDS OF ORGANIZATIONAL STRUCTURES

1. LINE
- the oldest and simplest kind; also called military
- defined by its clear chain of command from the highest to the lowest and vice versa
- depicts the line functions of the organization
- orders or commands must come from the higher level of authority before it can be carried out
- involves few departments

2. FUNCTIONAL
- structure according to functions and specialized units
- depicts staff functions of the organization
- responsibilities are divided among authorities who are all accountable to the authority above.

3. LINE AND STAFF


- a combination of the line and functional kind
- combines the flow of information from the line structure with the staff departments that service,
advise, and support them
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- generally more formal in nature and has many departments

ORGANIZATIONAL PRINCIPLES

FOUR PRIMAL CONDITIONS OF AN ORGANIZATION


1. AUTHORITY
- the supreme source of government for any particular organization
- the right to exercise, to decide and to command by virtue of rank and position
2. MUTUAL COOPERATION
- an organization exists because it serves a purpose.
3. DOCTRINE
- provides for the organization’s objectives
- provides the various actions, hence, policies, procedures, rules and regulations of the org. are based on the
statement of doctrines
4. DISCIPLINE
- comprising behavioral regulations

PRINCIPLES OF POLICE ORGANIZATION


1. UNITY OF COMMAND
- dictates that there should only be ONE MAN commanding the unit to ensure uniformity in the execution of
orders

2. SPAN OF CONTROL
- the maximum number of subordinates that a superior can effectively supervise

Factors affecting the span of control:


a) Leadership qualities of the supervisors
b) Nature of the job and work conditions
c) Complexity of task
d) Education and skill of the employees

3. DELEGATION OF AUTHORITY
- conferring of an amount of authority by a superior position to a lower-level position.

4. HIERARCHY OF AUTHORITY
- the relationship between superiors and subordinates
- serves as the framework for the flow of authority downward and obedience upward through the
department

HIERARCHY - represents the formal relationship among superiors and subordinates in any given
organization

5. SPECIALIZATION
- the assignment of particular personnel to particular tasks

SPECIALIZATION OF JOBS (AREAS OF SPECIALIZATION)


- the designation of certain activities or tasks as ones that must be performed in a highly. technological, scientific
or precise manner
- areas of police specialization include undercover works, crime scene operations, legal advising,
computer work, SWAT operations and others

SPECIALIZATION OF PEOPLE (SPECIALISTS)


- the designation of particular persons as having expertise in a specific area of work
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- signifies the adaptation of an individual to the requirements through extensive training.

6. CHAIN OF COMMAND
- the arrangement of officers from top to bottom on the basis of rank or position and authority.

7. COMMAND RESPONSIBILITY
- dictates that immediate commanders shall be responsible for the effective supervision and
control.

Learning Activities/Exercises
Activity # 1
I. Multiple choices
Instruction: Below are questions accompanied with various options. You are advised to read the
questions carefully and write the letter that corresponds to the correct answer. Each item is equivalent
to two points and one point deduction will be given for every erasures incurred.

1. Refers to the process of committing related activities to another personnel’s care. These refer to?
a. A. Delegation
b. B. Unity of command
c. C. Span of control
d. D. organizational principles
2. 2. Politia refers to?
a. A. A condition of the government, administration, or state
b. B. A condition of the state, government, administration and organization
c. C. The condition of the City
d. D. All of the foregoing
3. 3. A type of organizational structure that provides an absolute and definite authority.
a. A. Line organization
b. B. functional organization
c. C. Line and staff organization
4. 4. Another type of organizational structure that divides the authority and responsibilities to several specialists.
a. A. Line organization
b. B. functional organization
c. C. Line and staff organization
5. 5. The span of control of a supervisor or units shall be more than what he can effectively coordinate. The
statement is?
a. A. True
b. B. False
6. 6. The proper flow of communication must start from top to bottom. The statement is?
a. A. True
b. B. False
7. 7. An area containing two or more beats, routes, or posts.
a. A. Post
b. B. Route
c. C. Sector
d. D. District

Activity # 2
Present your thought/ideas concerning the following:

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 How important is the principles of organization?
---------------------------------------------------------------------------------------------------------------------------------------
MODULE 2: BRIEF HISTORY OF THE PHILIPPINE POLICING SYSTEM

BRIEF HISTORY OF THE PHILIPPINE POLICING SYSTEM

The institution of police in the Philippines formally started during the Spanish period. The establishment of the
police force was not entirely intended for crime prevention nor peacekeeping. Rather, it was created as an
extension of the colonial military establishment.

ANCIENT ROOTS

The forerunner of the contemporary police system was the practice of barangay chieftains to select able-bodied
young men to protect their barangay during the night and were not required to work in the fields during daytime.
Among the duties of those selected were to protect the properties of the people in the barangay and protect their
crops and livestock from wild animals.

SPANISH PERIOD

Carabineros de Seguridad Publica – organized in 1712 for the purpose of carrying the regulations of the
Department of State; this was armed and considered as the mounted police; years after, this kind of police
organization discharged the duties of a port, harbor and river police.

Guardrilleros/Cuardillo – this was a body of rural police by the Royal Decree of 18 January 1836, this decree
provided that 5% of the able-bodied male inhabitants of each province were to be enlisted in this police
organization for three years

Guardia Civil – this was created by a Royal Decree issued by the Crown on 12 February 1852
to partially relieve the Spanish Peninsular troops of their work in policing towns,it consisted of a body of
Filipino policemen organized originally in each of the provincial capitals of the central provinces of Luzon
under the Alcalde Mayor

AMERICAN PERIOD

The Americans established the United States Philippine Commission headed by General Howard Taft as its first
governor-general. On January 9, 1901, the Metropolitan Police Force of Manila was organized pursuant to Act
No 70of the Taft Commission. This has become the basis for the
celebration of the anniversary of the Manila’s Finest every January 9th.

ACT NO 175 – entitled “An Act Providing for the Organization and Government of an Insular Constabulary”,
enacted on July 18, 1901.

Henry T. Allen - Captain of the 6th US cavalry, a graduate of West Point class 1882. Father of the Philippine
Constabulary.The first chief of the Philippine Constabulary in 1901.

ACT NO 183 - created the Manila Police Department, enacted on July 31, 1901.

CAPT GEORGE CURRY - the first chief of police of the Manila Police Department in 1901.

Act No 255 – the act that renamed the Insular Constabulary into Philippine Constabulary,
enacted on October 3, 1901

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Executive Order 389 – ordered that the Philippine Constabulary be one of the four services
of the Armed Forces of the Philippines, enacted on December 23, 1940.

POST-AMERICAN PERIOD

RA 4864 – otherwise known as the Police Professionalization Act of 1966, enacted on September 8, 1966;
created the Police Commission (POLCOM) as a supervisory agency to oversee the training and
professionalization of the local police forces under the Office of the President; later POLCOM was renamed into
National Police Commission (NAPOLCOM).

MARTIAL LAW PERIOD

PD 765 – otherwise known as the Integration Act of 1975,enacted on August 8, 1975; established the Integrated
National Police (INP) composed of the Philippine Constabulary (PC) as the nucleus and the integrated local
police forces as components, under the Ministry of National Defense
- transferred the NAPOLCOM from the Office of the President to the Ministry of National Defense

POST MARTIAL LAW REGIME

Executive Order No 1012 – transferred to the city and municipal government the operational
supervision and direction over all INP units assigned within their locality; issued on July 10,1985

Executive Order No 1040 – transferred the administrative control and supervision of the INP from the Ministry
of National Defense to the National Police Commission

RA 6975 – otherwise known as the Department of the Interior and Local Government Act of 1990, enacted on
December 13,1990; reorganized the DILG and established the Philippine National Police, Bureau of Fire
Protection, Bureau of Jail Management and Penology and the Philippine Public Safety College.

RA 8551 – otherwise known as the Philippine National Police Reform and Reorganization Act
of 1998, enacted on February 25, 1998; this law amended certain provisions of RA 6975.

RA 9708 - law amending the provisions of RA 6975 and RA 8551 on the minimum educational qualification for
appointment to the PNP and adjusting the promotion system; approved on 12 August 2009.
- An Act extending for five (5) years the reglementary period for complying with the minimum educational
qualification for appointment to the PNP and adjusting the promotion system thereof, amending for the purpose
pertinent provisions of RA 6975 and RA 8551 and for other purposes.

Learning Activities

Activity # 1

Present your thought/ideas concerning the following:

1. Why was the Philippine National Police created?


2. Was the creation of Philippine National Police constitutional? Yes or No, explain your answer.

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MODULE 3: PHILIPPINE NATIONAL POLICE

PHILIPPINE NATIONAL POLICE

The Philippine National Police (Filipino: Pambansang Pulisya ng Pilipinas, acronymed as PNP) is the
armed NATIONAL POLICE FORCE in the Philippines. Its national headquarters is at Camp Crame in Quezon
City, Metro Manila. Currently, it has 220,000 personnel.
The agency is administered and controlled by the National Police Commission and is part of
the Department of the Interior and Local Government (DILG). Local police officers are operationally controlled
by municipal mayors. DILG, on the other hand, organizes, trains and equips the PNP for the performance of
police functions as a police force that is national in scope and civilian in character.
The PNP was formed on January 29, 1991 when the Philippine Constabulary and the Integrated National
Police were merged pursuant to Republic Act 6975 of 1990.

IMPORTANT PERSONALITIES IN THE EVOLUTION OF PHILIPPINE POLICING

Brig.Gen. Rafael Crame - the first Filipino Chief of the Philippine Constabulary in 1917.

Col. Antonio Torres - the first Filipino Chief of Police of the Manila Police Department in 1935.

Col. Lambert Javalera - the first chief of police of the Manila Police Department after the Philippine
Independence from the United States of America in 1946

Dir.Gen. Cesar Nazareno - the first chief of the Philippine National Police.

HISTORY
Passed on December 13, 1990, Republic Act No. 6975, the Department of the Interior and Local
Government Act of 1990 paved the way for a new era for Philippine law enforcement as the law ordered the
total merger of both the Philippine Constabulary and the Integrated National Police and formally created the
Philippine National Police. R.A. 6975 was further amended by R.A. 8551, the Philippine National Police Reform
and Reorganization Act of 1998, and by R.A. 9708. The R.A. 8551 envisioned the PNP to be a community- and
service-oriented agency.
On June 14, 2019, the PNP announced that the Counter-Intelligence Task Force will be replaced with the
Integrity Monitoring and Enforcement Group.

REPUBLIC ACT No. 6975 December 13, 1990


AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A REORGANIZED
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title of the Act. – This Act shall be known as the "Department of the Interior and Local
Government Act of 1990."
Section 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.
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
10
shall any position thereof be occupied by active members of the Armed Forces of the Philippines.
Section 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.
CHAPTER I
THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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;
(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.
Section 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.
Section 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
11
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
Section 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.
Section 14. Powers and Functions of the Commission. – The Commission shall exercise the following powers
and functions:
(a) Exercise administrative control over the Philippine National Police;
(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;
(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;
(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.
Section 15. Qualifications. – No person shall be appointed regular member of the Commission unless:
(a) He is at least thirty-five (35) years of age;
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(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 .
Section 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.
Section 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.
Section 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.
Section 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.
Section 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:
(1) The planning and Research Service, which shall provide technical services to the
Commission in areas of overall policy formulation, strategic and operational planning,
management systems or procedures, evaluation and monitoring of the Commission's programs,
projects and internal operations; and shall conduct thorough research and analysis on social and
economic conditions affecting peace and order in the country;
(2) The Legal Affairs Service, which shall provide the Commission with efficient and effective
service as legal counsel of the Commission; draft or study contracts affecting the Commission
and submit appropriate recommendations pertaining thereto; and render legal opinions arising
from the administration and operation of the Philippine National Police and the Commission;
(3) The Crime Prevention and Coordination Service, which shall undertake criminological
researches and studies; formulate a national crime prevention plan; develop a crime prevention
and information program and provide editorial direction for all criminology research and crime
prevention publications;
(4) The 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
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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.
Section 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 the Department.
Subject to the standards that shall be prescribed by the Commission, the regional offices shall likewise perform
the functions of adjudication of benefit claims.
Section 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
Section 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.
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.
Section 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;
(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
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necessary material means of resources.
Section 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.
Section 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.
Section 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.
Section 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 General
Deputy Director General
Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Police Officer IV
Senior Police Officer III
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Senior Police Officer II
Senior Police Officer I
Police Officer III
Police Officer II
Police Officer I
Section 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.
Section 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;
(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.
Section 31. Appointment of PNP Officers and Members. – The appointment of the officers and members of the
PNP shall be effected in the following manner:
(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; and
(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:
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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.
Section 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.
Section 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.
Section 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.
Section 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.
(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,
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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.
(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
Traffic Management 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.
Section 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
Section 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,
18
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.
Section 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.
(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.
Section 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.
Section 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
Section 41. (a) Citizen's Complaints. – Any complaint by an individual person against any member of the PNP
shall be brought before the following:
(1) Chiefs of police, where the offense is punishable by withholding of privileges, restriction to
specified limits, suspension or forfeiture of salary, or any combination thereof for a period not
exceeding fifteen (15) days;
(2) Mayors of cities 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:
(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
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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:
(1) Simple misconduct or negligence;
(2) Insubordination;
(3) Frequent absences or tardiness;
(4) Habitual drunkenness; and
(5) Gambling prohibited by law.
Section 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:
(a) When the charge is serious and the evidence of guilt is strong;
(b) When the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds
to believe that he is guilty of the charges; and
(c) When the respondent is guilty of conduct unbecoming of a police officer.
Section 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:
(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
20
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.
Section 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.
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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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
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Section 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:
(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.
The 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.
"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 to Executive 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.
Section 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:
(a) Frequent unauthorized absences;
(b) Abuse of authority;
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(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 propio or upon the recommendation of the National Police
Commission, restore such power withdrawn from any local executive.

Republic Act No. 8551 February 25, 1998


AN ACT PROVIDING FOR THE REFORM AND REORGANIZATION OF THE PHILIPPINE
NATIONAL POLICE AND FOR OTHER PURPOSES, AMENDING CERTAIN PROVISIONS OF
REPUBLIC ACT NUMBERED SIXTY-NINE HUNDRED AND SEVENTY-FIVE ENTITLED, "AN
ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A RE-ORGANIZED
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
TITLE I
TITLE AND DECLARATION OF POLICY
Section 1. Title. – This Act shall be known as the "Philippine National Police Reform and Reorganization Act of
1998".
Section 2. Declaration of Policy and Principles. – It is hereby declared the policy of the State to establish a
highly efficient and competent police force which is national in scope and civilian in character administered and
controlled by a national police commission.
The Philippine National Police (PNP) shall be a community and service oriented agency responsible for the
maintenance of peace and order and public safety.
The PNP shall be so organized to ensure accountability and uprightness in police exercise of discretion as well
as to achieve efficiency and effectiveness of its members and units in the performance of their functions.
TITLE II
THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS
Section 3. Section 12 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 12. Relationship of the Department with the Department of National Defense. – The Department
of the Interior and Local Government shall be relieved of the primary responsibility on matters
involving the suppression of insurgency and other serious threats to national security. The Philippine
National Police shall, through information gathering and performance of its ordinary police functions,
support the Armed Forces of the Philippines on matters involving suppression of insurgency, except in
cases where the President shall call on the PNP to support the AFP in combat operations.
"In times of national emergency, the PNP, the Bureau of Fire Protection, and the Bureau of Jail
Management and Penology shall, upon the direction of the President, assist the armed forces in meeting
the national emergency."
TITLE III
THE NATIONAL POLICE COMMISSION
Section 4. Section 13 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 13. Creation and Composition. – A National Police Commission, hereinafter referred to as the
Commission, is hereby created for the purpose of effectively discharging the functions prescribed in the
Constitution and provided in this Act. The Commission shall be an agency attached to the Department
for policy and program coordination. It shall be composed of a Chairperson, four (4) regular
Commissioners, and the Chief of PNP as ex-officio member. Three (3) of the regular commissioners
shall come from the civilian sector who are neither active nor former members of the police or military,
one (1) of whom shall be designated as vice chairperson by the President. The fourth regular
commissioner shall come from the law enforcement sector either active or retired: Provided, That an
active member of a law enforcement agency shall be considered resigned from said agency once
appointed to the Commission: Provided, further, That at least one (1) of the Commissioners shall be a
woman. The Secretary of the Department shall be the ex-officio Chairperson of the Commission, while
the Vice Chairperson shall act as the executive officer of the Commission."
Section 5. Section 14 of Republic Act No. 6975 is hereby amended to read as follows:
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"SEC. 14. Powers and Functions of the Commission. – The Commission shall exercise the following
powers and functions:
"(a) Exercise administrative control and operational supervision over the Philippine National
Police which shall mean the power to:
"1) Develop policies and promulgate a police manual prescribing rules and regulations
for efficient organization, administration, and operation, including criteria for
manpower allocation, distribution and deployment, recruitment, selection, promotion,
and retirement of personnel and the conduct of qualifying entrance and promotional
examinations for uniformed members;
"2) Examine and audit, and thereafter establish the standards for such purposes on a
continuing basis, the performance, activities, and facilities of all police agencies
throughout the country;
"3) Establish a system of uniform crime reporting;
"4) Conduct an annual self-report survey and compile statistical data for the accurate
assessment of the crime situation and the proper evaluation of the efficiency and
effectiveness of all police units in the country;
"5) Approve or modify plans and programs on education and training, logistical
requirements, communications, records, information systems, crime laboratory, crime
prevention and crime reporting;
"6) Affirm, reverse or modify, through the National Appellate Board, personnel
disciplinary actions involving demotion or dismissal from the service imposed upon
members of the Philippine National Police by the Chief of the Philippine National
Police;
"7) Exercise appellate jurisdiction through the regional appellate boards over
administrative cases against policemen and over decisions on claims for police benefits;
"8) Prescribe minimum standards for arms, equipment, and uniforms and, after
consultation with the Philippine Heraldry Commission, for insignia of ranks, awards,
and medals of honor. Within ninety (90) days from the effectivity of this Act, the
standards of the uniformed personnel of the PNP must be revised which should be
clearly distinct from the military and reflective of the civilian character of the police;
"9) Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of
its own powers and duties, and designate who among its personnel can issue such
processes and administer oaths in connection therewith;
"10) Inspect and assess the compliance of the PNP on the established criteria for
manpower allocation, distribution, and deployment and their impact on the community
and the crime situation, and thereafter formulate appropriate guidelines for
maximization of resources and effective utilization of the PNP personnel;
"11) Monitor the performance of the local chief executives as deputies of the
Commission; and
"12) Monitor and investigate police anomalies and irregularities.
"b) Advise the President on all matters involving police functions and administration;
"c) Render to the President and to the Congress an annual report on its activities and
accomplishments during the thirty (30) days after the end of the calendar year, which shall
include an appraisal of the conditions obtaining in the organization and administration of police
agencies in the municipalities, cities and provinces throughout the country, and
recommendations for appropriate remedial legislation;
"d) Recommend to the President, through the Secretary, within sixty (60) days before the
commencement of each calendar year, a crime prevention program; and
"e) Perform such other functions necessary to carry out the provisions of this Act and as the
President may direct."
Section 6. Section 15 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 15. Qualifications. – No person shall be appointed regular member of the Commission unless:
"(a) He or she is a citizen of the Philippines;
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"(b) A member of the Philippine Bar with at least five (5) years experience in handling criminal
or human rights cases or a holder of a master's degree but preferably a doctorate degree in public
administration, sociology, criminology, criminal justice, law enforcement, and other related
disciplines; and
"(c) The regular member coming from the law enforcement sector should have practical
experience in law enforcement work for at least five (5) years while the three (3) other regular
commissioners must have done extensive research work or projects on law enforcement,
criminology or criminal justice or members of a duly registered non-government organization
involved in the promotion of peace and order."
Section 7. Section 16 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 16. Term of Office. – The four (4) regular and full-time Commissioners shall be appointed by the
President for a term of six (6) years without re-appointment or extension."
Section 8. Expiration of the Terms of Office of Current Commissioners. – Upon the effectivity of this Act the
terms of office of the current Commissioners are deemed expired which shall constitute a bar to their
reappointment or an extension of their terms in the Commission except for current Commissioners who have
served less than two (2) years of their terms of office who may be appointed by the President for a maximum
term of two (2) years.
Section 9. Section 17 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 17. Temporary or Permanent Incapacity of the Chairperson. – In case of absence due to the
temporary incapacity of the chairperson, the Vice chair shall serve as Chairperson until the Chairperson
is present or regains capacity to serve. In case of death or permanent incapacity or disqualification of the
chairperson, the acting chairperson shall also act as such until a new chairperson shall have been
appointed by the President and qualified."
Section 10. Section 20 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 20. Organizational Structure. – The Commission shall consist of the following units:
"(a) Commission Proper. – This is composed of the offices of the Chairman and four (4)
Commissioners.
"(b) Staff Services. – The staff services of the Commission shall be as follows:
"(1) The Planning and Research Service, which shall provide technical services to the
Commission in areas of overall policy formulation, strategic and operational planning,
management systems or procedures, evaluation and monitoring of the Commission's
programs, projects and internal operations; and shall conduct thorough research and
analysis on social and economic conditions affecting peace and order in the country;
"(2) The Legal Affairs Service, which shall provide the Commission with efficient and
effective service as legal counsel of the Commission; draft or study contracts affecting
the Commission and submit appropriate recommendations pertaining thereto; and
render legal opinions arising from the administration and operation of the Philippine
National Police and the Commission;
"(3) The Crime Prevention and Coordination Service, which shall undertake
criminological researches and studies; formulate a national crime prevention plan;
develop a crime prevention and information program and provide editorial direction for
all criminology research and crime prevention publications;
"(4) The Personnel and Administrative Service, which shall perform personnel functions
for the Commission, administer the entrance and promotional examinations for
policemen, provide the necessary services relating to records, correspondence, supplies,
property and equipment, security and general services, and the maintenance and
utilization of facilities, and provide services relating to manpower, career planning and
development, personnel transactions and employee welfare;
"(5) The Inspection, Monitoring and Investigation Service, which shall conduct
continuous inspection and management audit of personnel, facilities and operations at
all levels of command of the PNP, monitor the implementation of the Commission's
programs and projects relative to law enforcement; and monitor and investigate police
anomalies and irregularities;
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"(6) The Installations and Logistics Service, which shall review the Commission's plans
and programs and formulate policies and procedures regarding acquisition, inventory,
control, distribution, maintenance and disposal of supplies and shall oversee the
implementation of programs on transportation facilities and installations and the
procurement and maintenance of supplies and equipment; and
"(7) The Financial Service, which shall provide the Commission with staff advice and
assistance on budgetary and financial matters, including the overseeing of the
processing and disbursement of funds pertaining to the scholarship program and
surviving children of deceased and/or permanently incapacitated PNP personnel.
"(c) Disciplinary Appellate Boards – The Commission shall establish a formal administrative
disciplinary appellate machinery consisting of the National Appellate Board and the regional
appellate boards.
"The National Appellate Board shall decide cases on appeal from decisions rendered by the PNP chief,
while the regional appellate boards shall decide cases on appeal from decisions rendered by officers
other than the PNP chief, the mayor, and the People's Law Enforcement Board (PLEB) created
hereunder."
Section 11. Section 22 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 22. Qualifications of Regional Directors. – No person shall be appointed regional director unless:
"(a) He or she is a citizen of the Philippines; and
"(b) A holder of a master's degree and appropriate civil service eligibility."
Section 12. Qualifications Upgrading Program. – The Commission shall design and establish a qualifications
upgrading program for the members of the Commission in coordination with the Civil Service Commission, the
Department of Education, Culture and Sports and the Commission on Higher Education through a distance
education program and/or an in-service education program or similar programs within ninety (90) days from the
effectivity of this Act: Provided, That those who are already in the service from the effectivity of this Act shall
have five (5) years to obtain the required degree or qualification counted from the implementation of the
qualifications upgrading program.
TITLE IV
THE PHILIPPINE NATIONAL POLICE
A. REORGANIZATION
Section 13. Authority of the Commission to Reorganize the PNP. – Notwithstanding the provisions of Republic
Act No. 6975 on the organizational structure and rank classification of the PNP, the Commission shall conduct a
management audit, and prepare and submit to Congress a proposed reorganization plan of the PNP not later than
December 31, 1998, subject to the limitations provided under this Act and based on the following criteria: a)
increased police visibility through dispersal of personnel from the headquarters to the field offices and by the
appointment and assignment of non-uniformed personnel to positions which are purely administrative, technical,
clerical or menial in nature and other positions which are not actually and directly related to police operation;
and b) efficient and optimized delivery of police services to the communities.
The PNP reorganization program shall be approved by Congress through a joint resolution.
B. QUALIFICATIONS UPGRADING
Section 14. Section 30 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 30. General Qualifications for Appointment. – No person shall be appointed as officer or member
of the PNP unless he or she possesses the following minimum qualifications:
"a) A citizen of the Philippines;
"b) A person of good moral conduct;
"c) Must have passed the psychiatric/psychological, drug and physical tests to be administered
by the PNP or by any NAPOLCOM accredited government hospital for the purpose of
determining physical and mental health;
"d) Must possess a formal baccalaureate degree from a recognized institution of learning;
"e) Must be eligible in accordance with the standards set by the Commission;
"f) Must not have been dishonorably discharged from military employment or dismissed for
cause from any civilian position in the Government;
"g) Must not have been convicted by final judgment of an offense or crime involving moral
26
turpitude;
"h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male and one
meter and fifty-seven centimeters (1.57 m.) for female;
"i) Must weigh not more or less than five kilograms (5 kgs.) from the standard weight
corresponding to his or her height, age, and sex; and
"j) For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of
age: except for the last qualification, the above-enumerated qualifications shall be continuing in
character and an absence of any one of them at any given time shall be a ground for separation
or retirement from the service: Provided, That PNP members who are already in the service
upon the effectivity of this Act shall be given at least two (2) more years to obtain the minimum
educational qualification and one (1) year to satisfy the weight requirement.
"For the purpose of determining compliance with the requirements on physical and mental health, as
well as the non-use of prohibited drugs, the PNP by itself or through a NAPOLCOM accredited
government hospital shall conduct regular psychiatric, psychological drug and physical tests randomly
and without notice.
"After the lapse of the time period for the satisfaction of a specific requirement, current members of the
PNP who will fail to satisfy any of the requirements enumerated under this Section shall be separated
from the service if they are below fifty (50) years of age and have served in Government for less than
twenty (20) years or retired if they are from the age of fifty (50) and above and have served the
Government for at least twenty (20) years without prejudice in either case to the payment of benefits
they may be entitled to under existing laws."
Section 15. Waivers for Initial Appointments to the PNP. – The age, height, weight, and educational
requirements for initial appointment to the PNP may be waived only when the number of qualified applicants
fall below the minimum annual quota: Provided, That an applicant shall not be below twenty (20) nor over
thirty-five (35) years of age: Provided, further, That any applicant not meeting the weight requirement shall be
given reasonable time but not exceeding six (6) months within which to comply with the said requirement:
Provided, furthermore, That only applicants who have finished second year college or have earned at least
seventy-two (72) collegiate units leading to a bachelor's decree shall be eligible for appointment: Provided,
furthermore, That anybody who will enter the service without a baccalaureate degree shall be given a maximum
of four (4) years to obtain the required educational qualification: Provided, finally, That a waiver for height
requirement shall be automatically granted to applicants belonging to the cultural communities.
Section 16. Selection Criteria Under the Waiver Program. – The selection of applicants under the Waiver
Program shall be subject to the following minimum criteria:
a) Applicants who possess the least disqualification shall take precedence over those who possess more
disqualifications.
b) The requirements shall be waived in the following order: (a) age, (b) height, (c) weight, and (d)
education.
The Commission shall promulgate rules and regulations to address other situations arising from the waiver of the
entry requirements.
Section 17. Nature of Appointment Under a Waiver Program. – Any PNP uniformed personnel who is
admitted due to the waiver of the educational or weight requirements shall be issued a temporary appointment
pending the satisfaction of the requirement waived. Any member who will fail to satisfy any of the waived
requirements within the specified time periods under Section 13 of this Act shall be dismissed from the service.
Section 18. Re-application of Dismissed PNP Members Under a Waiver Program. – Any PNP member who
shall be dismissed under a waiver program shall be eligible to re-apply for appointment to the PNP: Provided,
That he or she possesses the minimum qualifications under Section 14 of this Act and his or her reappointment is
not by virtue of another waiver program.
Section 19. The Field Training Program. – All uniformed members of the PNP shall undergo a Field Training
Program for twelve (12) months involving actual experience and assignment in patrol, traffic, and investigation
as a requirement for permanency of their appointment.
Section 20. Increased Qualifications for Provincial Directors. – No person may be appointed Director of a
Provincial Police Office unless:
a) he or she holds a master's degree in public administration, sociology, criminology, criminal justice,
27
law enforcement, national security administration, defense studies, or other related discipline from a
recognized institution of learning; and
b) has satisfactorily passed the required training and career courses necessary for the position as may be
established by the Commission.
Any PNP personnel who is currently occupying the position but lacks any of the qualifications mentioned above
shall be given three (3) years upon the effectivity of this Act to comply with the requirements; otherwise he or
she shall be relieved from the position.
Section 21. Section 32 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 32. Examinations of Policemen. – The National Police Commission shall administer the entrance
and promotional examinations for policemen on the basis of the standards set by the Commission."
Section 22. Section 34 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 34. Qualifications of Chief of City and Municipal Police Stations. – No person shall be appointed
chief of a city police station unless he/she is a graduate of Bachelor of Laws or has finished all the
required courses of a master's degree program in public administration, criminology, criminal justice,
law enforcement, national security administration, defense studies, and other related disciplines from a
recognized institution of learning. No person shall be appointed chief of a municipal police station
unless he or she has finished at least second year Bachelor of Laws or has earned at least twelve (12)
units in a master's degree program in public administration, criminology, criminal justice, law
enforcement, national security administration, and other related disciplines from a recognized institution
of learning: Provided, That members of the Bar with at least five (5) years of law practice, licensed
criminologists or graduates of the Philippine National Police Academy and who possess the general
qualifications for initial appointment to the PNP shall be qualified for appointment as chief of a city or
municipal police station: Provided, further, That the appointee has successfully passed the required field
training program and has complied with other requirements as may be established by the Commission:
Provided, furthermore, That the chief of police shall be appointed in accordance with the provisions of
Section 51, paragraph (b), subparagraph 4(i) of this Act."
Section 23. Qualifications Upgrading Program. – The Commission shall design and establish a qualifications
upgrading program for the Philippine National Police officers and members in coordination with the Civil
Service Commission, and the Commission on Higher Education through a distance education program and/or an
in-service education program or other similar programs within ninety (90) days from the effectivity of this Act.
C. ATTRITION SYSTEM FOR UNIFORMED PERSONNEL
Section 24. Attrition System. – There shall be established a system of attrition within the uniformed members of
the PNP within one (1) year from the effectivity of this Act to be submitted by the PNP to the Commission for
approval. Such attrition system shall include but is not limited to the provisions of the following sections.
Section 25. Attrition by Attainment of Maximum Tenure in Position. – The maximum tenure of PNP members
holding key positions is hereby prescribed as follows:
POSITION MAXIMUM TENURE
Chief four (4) years
Deputy Chief four (4) years
Director of the Staff Services four (4) years
Regional Directors six (6) years
Provincial/City Directors nine (9) years
Other positions higher than Provincial Director shall have the maximum tenure of six (6) years. Unless earlier
separated, retired or promoted to a higher position in accordance with the PNP Staffing Pattern, police officers
holding the above-mentioned positions shall be compulsorily retired at the maximum tenure in position herein
prescribed, or at age fifty-six (56), whichever is earlier: Provided, That in times of war or other national
emergency declared by Congress, the President may extend the PNP Chief's tour of duty: Provided, further, That
PNP members who have already reached their maximum tenure upon the effectivity of this Act may be allowed

28
one (1) year more of tenure in their positions before the maximum tenure provided in this Section shall be
applied to them, unless they shall have already reached the compulsory retirement age of fifty-six (56), in which
case the compulsory retirement age shall prevail.
Except for the Chief, PNP, no PNP member who has less than one (1) year of service before reaching the
compulsory retirement age shall be promoted to a higher rank or appointed to any other position.
Section 26. Attrition by Relief. – A PNP uniformed personnel who has been relieved for just cause and has not
been given an assignment within two (2) years after such relief shall be retired or separated.
Section 27. Attrition by Demotion in Position or Rank. – Any PNP personnel, civilian or uniformed, who is
relieved and assigned to a position lower than what is established for his or her grade in the PNP staffing pattern
and who shall not be assigned to a position commensurate to his or her grade within eighteen (18) months after
such demotion in position shall be retired or separated.
Section 28. Attrition by Non-promotion. – Any PNP personnel who has not been promoted for a continuous
period of ten (10) years shall be retired or separated.
Section 29. Attrition by Other Means. – A PNP member or officer with at least five (5) years of accumulated
active service shall be separated based on any of the following factors:
a) inefficiency based on poor performance during the last two (2) successive annual rating periods;
b) inefficiency based on poor performance for three (3) cumulative annual rating periods;
c) physical and/or mental incapacity to perform police functions and duties; or
d) failure to pass the required entrance examinations twice and/or finish the required career courses
except for justifiable reasons.
Section 30. Retirement or Separation Under the Preceding Sections. – Any personnel who is dismissed from
the PNP pursuant to Sections 25, 26, 27, 28 and 29 hereof shall be retired if he or she has rendered at least
twenty (20) years of service and separated if he or she has rendered less than twenty (20) years of service unless
the personnel is disqualified by law to receive such benefits.
D. PROMOTION SYSTEM
Section 31. Rationalized Promotion System. – Within six (6) months after the effectivity of this Act, the
Commission shall establish a system of promotion for uniformed and non-uniformed personnel of the PNP
which shall be based on merits and on the availability of vacant positions in the PNP staffing pattern. Such
system shall be gender fair and shall ensure that women members of the PNP shall enjoy equal opportunity for
promotion as that of men.
Section 32. Promotion by Virtue of Position. – Any PNP personnel designated to any key position whose rank
is lower than that which is required for such position shall, after six (6) months of occupying the same, be
entitled to a rank adjustment corresponding to the position: Provided, That the personnel shall not be reassigned
to a position calling for a higher rank until after two (2) years from the date of such rank adjustment: Provided,
further, That any personnel designated to the position who does not possess the established minimum
qualifications therefor shall occupy the same temporarily for not more than six (6) months without
reappointment or extension.
Section 33. Section 38 (a) and (b) of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 38. Promotions. – (a) A uniformed member of the PNP shall not be eligible for promotion to a
higher position or rank unless he or she has successfully passed the corresponding promotional
examination given by the Commission, or the Bar, or the corresponding board examinations for
technical services and other professions, has satisfactorily completed the appropriate and accredited
course in the PNPA or equivalent training institutions, and has satisfactorily passed the required
psychiatric/psychological and drug tests. In addition, no uniformed member of the PNP shall be eligible
for promotion during the pendency of his or her administrative and/or criminal case or unless he or she
has been cleared by the People's Law Enforcement Board (PLEB), and the Office of the Ombudsman of
any complaints proffered against him or her, if any.
"(b) Any uniformed member of the PNP who has exhibited acts of conspicuous courage and
gallantry at the risk of his/her life above and beyond the call of duty, shall be promoted to the
next higher rank: Provided, That such acts shall be validated by the Commission based on
established criteria."
E. UPGRADING OF SALARIES AND BENEFITS
Section 34. Section 75 of the same Act is hereby amended to read as follows:
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"SEC. 75. Retirement Benefits. – Monthly retirement pay shall be fifty percent (50%) of the base pay
and longevity pay of the retired grade in case of twenty (20) years of active service, increasing by two
and one-half percent (2.5%) for every year of active service rendered beyond twenty (20) years to a
maximum of ninety percent (90%) for thirty-six (36) years of active service and over: Provided, That,
the uniformed personnel shall have the option to receive in advance and in lump sum his retirement pay
for the first five (5) years: Provided, further, That payment of the retirement benefits in lump sum shall
be made within six (6) months from effectivity date of retirement and/or completion: Provided, finally,
That retirement pay of the officers/non-officers of the PNP shall be subject to adjustments based on the
prevailing scale of base pay of police personnel in the active service."
Section 35. Section 73 of the same Act is hereby amended to read as follows:
"SEC. 73. Permanent Physical Disability. – An officer or non-officer who is permanently and totally
disabled as a result of injuries suffered or sickness contracted in the performance of his duty as duly
certified by the National Police Commission, upon finding and certification by the appropriate medical
officer, that the extent of the disability or sickness renders such member unfit or unable to further
perform the duties of his position, shall be entitled to one year's salary and to lifetime pension equivalent
to eighty percent (80%) of his last salary, in addition to other benefits as provided under existing laws.
"Should such member who has been retired under permanent total disability under this section die within
five (5) years from his retirement, his surviving legal spouse or if there be none, the surviving dependent
legitimate children shall be entitled to the pension for the remainder of the five (5) years guaranteed
period."
Section 36. Section 36 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 36. Status of Members of the Philippine National Police. – The uniformed members of the PNP
shall be considered employees of the National Government and shall draw their salaries therefrom. They
shall have the same salary grade level as that of public school teachers: Provided, That PNP members
assigned in Metropolitan Manila, chartered cities and first class municipalities may be paid financial
incentive by the local government unit concerned subject to the availability of funds."
Section 37. Early Retirement Program. – Within three (3) years after the effectivity of this Act, any PNP officer
or non-commissioned officer may retire and be paid separation benefits corresponding to a position two (2)
ranks higher than his or her present rank subject to the following conditions:
a) that at the time he or she applies for retirement, he or she has already rendered at least ten (10) years
of continuous government service;
b) the applicant is not scheduled for separation or retirement from the service due to the attrition system
or separation for cause;
c) he or she has no pending administrative or criminal case; and
d) he or she has at least three (3) more years in the service before reaching the compulsory retirement
age and at least a year before his or her maximum tenure in position.
Section 38. Rationalization of Retirement and Separation Benefits. – The Commission shall formulate a
rationalized retirement and separation benefits schedule and program within one (1) year from the effectivity of
this Act for approval by Congress: Provided, That the approved schedule and program shall have retroactive
effect in favor of PNP members and officers retired or separated from the time specified in the law, unless the
retirement or separation is for cause and the decision denies the grant of benefits.
TITLE V
INTERNAL AFFAIRS SERVICE
Section 39. Creation, Powers, and Functions. – An Internal Affairs Service (IAS) of the PNP is hereby created
which shall:
a) pro-actively conduct inspections and audits on PNP personnel and units;
b) investigate complaints and gather evidence in support of an open investigation;
c) conduct summary hearings on PNP members facing administrative charges;
d) submit a periodic report on the assessment, analysis, and evaluation of the character and behavior of
PNP personnel and units to the Chief PNP and the Commission;
e) file appropriate criminal cases against PNP members before the court as evidence warrants and assist
in the prosecution of the case;
f) provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP.
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The IAS shall also conduct, motu proprio, automatic investigation of the following cases:
a) incidents where a police personnel discharges a firearm;
b) incidents where death, serious physical injury, or any violation of human rights occurred in the
conduct of a police operation;
c) incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody
of police personnel;
d) incidents where a suspect in the custody of the police was seriously injured; and
e) incidents where the established rules of engagement have been violated.
Finally, the IAS shall provide documents or recommendations as regards to the promotion of the members of the
PNP or the assignment of PNP personnel to any key position.
Section 40. Organization. – National, regional, and provincial offices of the Internal Affairs shall be
established. Internal Affairs Service shall be headed by an Inspector General who shall be assisted by a Deputy
Inspector General. The area offices shall be headed by a Director while the provincial offices shall be headed by
a Superintendent: Provided, That the head of the Internal Affairs Service shall be a civilian who shall meet the
qualification requirements provided herein.
The commission shall establish a rationalized staffing pattern in the Reorganization Plan as provided for in
Section 13 hereof.
Section 41. Appointments. – The Inspector General shall be appointed by the President upon the
recommendation of the Director General and duly endorsed by the Commission. Appointments of personnel who
shall occupy various positions shall be made by the Inspector General and shall be based on an established
career pattern and criteria to be promulgated by the Commission.
Section 42. Entry Qualifications to IAS. – Entry to the Internal Affairs Service shall be voluntary and subject to
rigid screening where only PNP personnel who have at least five (5) years experience in law enforcement and
who have no derogatory service records shall be considered for appointment: Provided, That members of the Bar
may enter the service laterally.
Section 43. Initial Appointments to the National, Directorial, and Provincial Internal Affairs Service Offices.
– Initial appointments of the heads of the offices in the Internal Affairs Service shall be made by the President
upon recommendation by the Commission. Thereafter, appointments and promotions to the Service shall follow
the established requirements and procedures.
Section 44. Promotions. – The Commission shall establish the promotion system within the IAS which shall
follow the general principles of the promotion system in the PNP.
Section 45. Prohibitions. – Any personnel who joins the IAS may not thereafter join any other unit of the PNP.
Neither shall any personnel of the IAS be allowed to sit in a committee deliberating on the appointment,
promotion, or assignment of any PNP personnel.
Section 46. Career Development and Incentives. – (1) Personnel of the Internal Affairs Service shall in addition
to other allowances authorized under existing laws be granted occupational specialty pay which shall not exceed
fifty percent (50%) of their basic pay. This pay shall not be considered a forfeiture of other remuneration and
allowances which are allowed under existing laws.
(2) IAS members shall also have priorities in the quota allocation for training and education.
Section 47. Records Management of the IAS. – Local Internal Affairs Offices shall be responsible for the
maintenance and update of the records of the members of the PNP within their jurisdiction.
When a PNP personnel is reassigned or transferred to another location or unit outside the jurisdiction of the
current Internal Affairs Office, the original records of such personnel shall be transferred over to the Internal
Affairs Office that will acquire jurisdiction over the transferred personnel while copies will be retained by the
former Internal Affairs Office. In cases where a PNP personnel has been relieved of his/her position and has not
been given an assignment, the Internal Affairs Office where the person has been assigned last shall continue to
have jurisdiction over his or her records until such time that the officer or member shall have been given a new
assignment where the records will be forwarded to the Internal Affairs Office acquiring jurisdiction over the
PNP personnel.
Section 48. Inclusion of Supervisors and Superiors in IAS Investigations. – The immediate superior or
supervisor of the personnel or units being investigated under the preceding section shall be automatically
included in the investigation of the IA to exclusively determine lapses in administration or supervision.
Section 49. Disciplinary Recommendations of the IAS. – (a) Any uniformed PNP personnel found guilty of any
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of the cases mentioned in Section 39 of this Act and any immediate superior or supervisor found negligent under
Section 48 shall be recommended automatically for dismissal or demotion, as the case may be.
(b) Recommendations by the IAS for the imposition of disciplinary measures against an erring PNP
personnel, once final, cannot be revised, set-aside, or unduly delayed by any disciplining authority
without just cause. Any disciplining authority who fails to act or who acts with abuse of discretion on
the recommendation of the IAS shall be made liable for gross neglect of duty. The case of erring
disciplinary authority shall be submitted to the Director General for proper disposition.
Section 50. Appeals. – Decisions rendered by the provincial inspectors shall be forwarded to the area internal
affairs office for review within ten (10) working days upon the receipt thereof. Decisions of the area office may
be appealed to the national office through the Office of Inspector General. Decisions rendered by the National
IAS shall be appealed to the National Appellate Board or to the court as may be appropriate: Provided, That the
summary dismissal powers of the Director General and Regional Directors as provided in Section 42 of
Republic Act No. 6975 shall remain valid: Provided, further, That the existing jurisdiction over offenses as
provided under Republic Act No. 6975 shall not be affected.
Section 51. Complaints Against the IAS. – A complaint against any personnel or office of IAS shall be brought
to the Inspector General's Office or to the Commission as may be appropriate.
TITLE VI
DISCIPLINARY MECHANISMS
Section 52. Section 41 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 41(a). Citizen's Complaints. – Any complaint by a natural or juridical person against any member
of the PNP shall be brought before the following:
"(1) Chiefs of Police, where the offense is punishable by withholding of privileges, restriction to
specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not
exceeding fifteen (15) days;
"(2) Mayors of cities and municipalities, where the offense is punishable by withholding of
privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination
thereof, for a period of not less than sixteen (16) days but not exceeding thirty (30) days;
"(3) People's Law Enforcement Board, as created under Section 43 hereof, where the offense is
punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture
of salary, or any combination thereof, for a period exceeding thirty (30) days; or by dismissal.
"The Commission shall provide in its implementing rules and regulations a scale of penalties to be
imposed upon any member of the PNP under this Section.
"(b) Internal Discipline. – On dealing with minor offenses involving internal discipline found to have
been committed by any regular member of their respective commands, the duly designated supervisors
and equivalent officers of the PNP shall, after due notice and summary hearing, exercise disciplinary
powers as follows:
"(1) Chiefs of police or equivalent supervisors may summarily impose the administrative
punishment of admonition or reprimand; restriction to specified limits; withholding of
privileges; forfeiture of salary or suspension; or any of the combination of the foregoing:
Provided, That, in all cases, the total period shall not exceed fifteen (15) days;
"(2) Provincial directors or equivalent supervisors may summarily impose administrative
punishment of admonition or reprimand; restrictive custody; withholding of privileges;
forfeiture of salary or suspension, or any combination of the foregoing: Provided, That, in all
cases, the total period shall not exceed thirty (30) days;
"(3) Police regional directors or equivalent supervisors shall have the power to impose upon any
member the disciplinary punishment of dismissal from the service. He may also impose the
administrative punishment of admonition or reprimand; restrictive custody; withholding of
privileges; suspension or forfeiture of salary; demotion; or any combination of the foregoing:
Provided, That, in all cases, the total period shall not exceed sixty (60) days;
"(4) The Chief of the PNP shall have the power to impose the disciplinary punishment of
dismissal from the service; suspension or forfeiture of salary; or any combination thereof for a
period not exceeding one hundred eighty (180) days: Provided, further, That the chief of the
PNP shall have the authority to place police personnel under restrictive custody during the
32
pendency of a grave administrative case filed against him or even after the filing of a criminal
complaint, grave in nature, against such police personnel.
"(c) Exclusive Jurisdiction. – A complaint or a charge filed against a PNP member shall be heard and
decided exclusively by the disciplining authority who has acquired original jurisdiction over the case
and notwithstanding the existence of concurrent jurisdiction as regards the offense: Provided, That
offenses which carry higher penalties referred to a disciplining authority shall be referred to the
appropriate authority which has jurisdiction over the offense.
"For purposes of this Act, a 'minor offense' shall refer to any act or omission not involving moral
turpitude, but affecting the internal discipline of the PNP, and shall include, but not limited to:
"(1) Simple misconduct or negligence;
"(2) Insubordination;
"(3) Frequent absences and tardiness;
"(4) Habitual drunkenness; and
"(5) Gambling prohibited by law.
"(d) Forum shopping of multiple filing of complaints. – When an administrative complaint is filed with a
police disciplinary authority, such as the People's Law Enforcement Board (PLEB), no other case
involving the same cause of action shall be filed with any other disciplinary authority.
"In order to prevent forum shopping or multiple filing of complaints, the complainant or party seeking
relief in the complaint shall certify under oath in such pleading, or in a sworn certification annexed
thereto and simultaneously filed therewith, to the truth of the following facts and undertaking:
"(a) that he has not heretofore commenced any other action or proceeding involving the same
issues in other disciplinary forum;
"(b) that to the best of his knowledge, no such action or proceeding is pending in other police
administrative disciplinary machinery or authority;
"(c) that if there is any such action or proceeding which is either pending or may have been
terminated, he must state the status thereof; and
"(d) that if he should thereafter learn that a similar action or proceeding has been filed or is
pending before any other police disciplinary authority, he must undertake to report that fact
within five (5) days therefrom to the disciplinary authority where the original complaint or
pleading has been filed."
Section 53. Section 42 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 42. Summary Dismissal Powers of the National Police Commission, PNP Chief and PNP
Regional Directors. – The National Police Commission, the chief of the PNP and PNP regional
directors, after due notice and summary hearings, may immediately remove or dismiss any respondent
PNP member in any of the following cases:
"(a) When the charge is serious and the evidence of guilt is strong;
"(b) When the respondent is a recidivist or has been repeatedly charged and there are reasonable
grounds to believe that he is guilty of the charges; and
"(c) When the respondent is guilty of a serious offense involving conduct unbecoming of a
police officer.
"Any member or officer of the PNP who shall go on absence without official leave (AWOL) for a
continuous period of thirty (30) days or more shall be dismissed immediately from the service. His
activities and whereabouts during the period shall be investigated and if found to have committed a
crime, he shall be prosecuted accordingly."
Section 54. Section 44 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 44. Disciplinary Appellate Boards. – The formal administrative disciplinary machinery of the
PNP shall be the National Appellate Board and the regional appellate boards.
"The National Appellate Board shall be composed of the four (4) regular commissioners and shall be
chaired by the executive officer. The Board shall consider appeals from decisions of the Chief of the
PNP.
"The National Appellate Board may conduct its hearings or sessions in Metropolitan Manila or any part
of the country as it may deem necessary.
"There shall be at least one (1) regional appellate board per administrative region in the country to be
33
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."
Section 55. Section 47 of Republic Act No. 6975 is hereby amended to read as follows:
"Sec. 47. Preventive Suspension Pending Criminal Case. – Upon the filing of a complaint or information
sufficient in form and substance against a member of the PNP for grave felonies where the penalty
imposed by law is six (6) years and one (1) day or more, the court shall immediately suspend the
accused from office for a period not exceeding ninety (90) days from arraignment: Provided, however,
That if it can be shown by evidence that the accused is harassing the complainant and/or witnesses, the
court may order the preventive suspension of the accused PNP member even if the charge is punishable
by a penalty lower than six (6) years and one (1) day: Provided, further, That the preventive suspension
shall not be more than ninety (90) days except if the delay in the disposition of the case is due to the
fault, negligence or petitions of the respondent: Provided, finally, That such preventive suspension may
be sooner lifted by the court in the exigency of the service upon recommendation of the chief, PNP.
Such case shall be subject to continuous trial and shall be terminated within ninety (90) days from
arraignment of the accused."
Section 56. Section 49 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 49. Legal Assistance. – The Secretary of Justice, the chairman of the Commission or the Chief of
the PNP may authorize lawyers of their respective agencies to provide legal assistance to any member of
the PNP who is facing before the prosecutor's office, the court or any competent body, a charge or
charges arising from any incident which is related to the performance of his official duty: Provided, That
government lawyers so authorized shall have the power to administer oaths: Provided, further, That in
such cases, when necessary, as determined by the Commission, a private counsel may be provided at the
expense of the Government. The Secretary of Justice, the Chairman of the Commission and the Chief of
the PNP shall jointly promulgate rules and regulations to implement the provisions of this Section."
TITLE VII
CREATION OF WOMEN'S DESKS IN ALL POLICE STATIONS AND THE FORMULATION OF A
GENDER SENSITIVITY PROGRAM
Section 57. Creation and Functions. – The PNP shall establish women's desks in all police stations throughout
the country to administer and attend to cases involving crimes against chastity, sexual harassment, abuses
committed against women and children and other similar offenses: Provided, That municipalities and cities
presently without policewomen will have two (2) years upon the effectivity of this Act within which to comply
with the requirement of this provision.
Section 58. Prioritization of Women for Recruitment. – Within the next five (5) years, the PNP shall prioritize
the recruitment and training of women who shall serve in the women's desk. Pursuant to this requirement, the
PNP shall reserve ten percent (10%) of its annual recruitment, training, and education quota for women
Section 59. Gender Sensitivity Program. – The Commission shall formulate a gender sensitivity program within
ninety (90) days from the effectivity of this Act to include but not limited to the establishment of equal
opportunities for women in the PNP, the prevention of sexual harassment in the workplace, and the prohibition
of discrimination on the basis of gender or sexual orientation.
Section 60. Administrative Liability. – Any personnel who shall violate the established rules and regulations
regarding gender sensitivity and gender equality shall be suspended without pay for not less than thirty (30) days
and shall undergo gender sensitivity seminar or training: Provided, That any personnel who violates the rules
more than twice shall be recommended for demotion or dismissal from the PNP.
Section 61. Non-prohibition for Promotion. – Nothing in this title shall be construed as a restriction on the
assignment of policewomen to other positions in the PNP nor shall any provisions of this title be used for the
non-promotion of a PNP female personnel to higher position.
TITLE VIII
PARTICIPATION OF LOCAL GOVERNMENT EXECUTIVES IN THE ADMINISTRATION OF THE
PNP
Section 62. The provisions of the second, third, fourth and fifth paragraphs of subparagraph (b) (1), Section 51,
Chapter III-D of Republic Act No. 6975 are hereby amended to read as follows:
34
"The term 'operational supervision and control' shall mean the power to direct, superintend, and oversee
the day-to-day functions of police investigation of crime, crime prevention activities, and traffic control
in accordance with the rules and regulations promulgated by the Commission.
"It shall also include the power to direct the employment and deployment of units or elements of the
PNP, through the station commander, to ensure public safety and effective maintenance of peace and
order within the locality. For this purpose, the terms 'employment' and 'deployment' shall mean as
follows:
"'Employment' refers to the utilization of units or elements of the PNP for purposes of protection of lives
and properties, enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of
criminal offenders and bringing the offenders to justice, and ensuring public safety, particularly in the
suppression of disorders, riots, lawlessness, violence, rebellious and seditious conspiracy, insurgency,
subversion or other related activities.
"'Deployment' shall mean the orderly and organized physical movement of elements or units of the PNP
within the province, city or municipality for purposes of employment as herein defined."
Section 63. Section 51 (b) (4) of Republic Act No. 6975 is hereby amended to read as follows:
"(4) Other Powers. In addition to the aforementioned powers, city and municipal mayors shall have the
following authority over the PNP units in their respective jurisdictions:
"(i) Authority to choose the chief of police from a list of five (5) eligibles recommended by the
provincial police director, preferably from the same province, city or municipality: Provided,
however, That in no case shall an officer-in-charge be designated for more than thirty (30) days:
Provided, further, That the local peace and order council may, through the city or municipal
mayor, recommend the recall or reassignment of the chief of police when, in its perception, the
latter has been ineffective in combating crime or maintaining peace and order in the city or
municipality: Provided, finally, That such relief shall be based on guidelines established by the
NAPOLCOM;
"(ii) Authority to recommend to the provincial director the transfer, reassignment or detail of
PNP members outside of their respective city or town residences; and
"(iii) Authority to recommend from a list of eligibles previously screened by the peace and order
council the appointment of new members of the PNP to be assigned to their respective cities or
municipalities without which no such appointments shall be attested: Provided, That whenever
practicable and consistent with the requirements of the service, PNP members shall be assigned
to the city or municipality of their residence.
"The control and supervision of anti-gambling operations shall be within the jurisdiction of local
government executives."
Section 64. Automatic Deputation of Local Government Executives as Commission Representatives. –
Governors and mayors, upon having been elected and living qualified as such, are automatically deputized as
representatives of the National Police Commission in their respective jurisdiction. As deputized agents of the
Commission, local government executives can inspect police forces and units, conduct audit, and exercise other
functions as may be duly authorized by the Commission.
Section 65. Section 52 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 52. Suspension or Withdrawal of Deputation. – Unless reversed by the President, the Commission
may, after consultation with the provincial governor and congressman concerned, suspend or withdraw
the deputation of any local executive for any of the following grounds:
"(a) Frequent unauthorized absences;
"(b) Abuse of authority;
"(c) Providing material support to criminal elements; or
"(d) Engaging in acts inimical to national security or which negate the effectiveness of the peace
and order campaign.
"Upon good cause shown, the President may, directly or through the Commission, motu proprio restore
such deputation withdrawn from any local executive."
TITLE IX
STRENGTHENING THE PEOPLE'S LAW ENFORCEMENT BOARD
Section 66. Paragraph (a), Section 43 of Republic Act No. 6975 is hereby amended to read as follows:
35
"SEC. 43. People's Law Enforcement Board (PLEB). – (a) Creation and Functions – The sangguniang
panlungsod/bayan in every city and municipality shall create such number of People's Law Enforcement
Boards (PLEBs) as may be necessary: Provided, That there shall be at least one (1) PLEB for every five
hundred (500) city or municipal police personnel and for each of the legislative districts in a city.
"The PLEB shall be the central receiving entity for any citizen's complaint against the officers and
members of the PNP. Subject to the provisions of Section 41 of Republic Act No. 6975, the PLEB shall
take cognizance of or refer the complaint to the proper disciplinary or adjudicatory authority within
three (3) days upon the filing of the complaint."lawph!l.net
Section 67. Number (3) of Paragraph (b), Section 43 of Republic Act No. 6975 is hereby amended to read as
follows:
"(3) Three (3) other members who are removable only for cause to be chosen by the local peace and
order council from among the respected members of the community known for their probity and
integrity, one (1) of whom must be a woman and another a member of the Bar, or, in the absence
thereof, a college graduate, or the principal of the central elementary school in the locality."
Section 68. The last paragraph of Section 43 (b)(3) of Republic Act No. 6975 shall be amended to read as
follows:
"The Chairman of the PLEB shall be elected from among its members. The term of office of the
members of the PLEB shall be for a period of three (3) years from assumption of office. Such member
shall hold office until his successor shall have been chosen and qualified."
Section 69. Compensation and Benefits. – Paragraph c, Section 43 of Republic Act No. 6975 shall be amended
to read as follows:
"(c) Compensation. – Membership in the PLEB is a civic duty. However, PLEB members shall be paid
per diem and shall be provided with life insurance coverage as may be determined by the city or
municipal council from city or municipal funds. The DILG shall provide for the per diem and insurance
coverage of PLEB members in certain low income municipalities."
Section 70. Budget Allocation. – The annual budget of the Local Government Units (LGU) shall include an
item and the corresponding appropriation for the maintenance and operation of their local PLEBs.
The Secretary shall submit a report to Congress and the President within fifteen (15) days from the effectivity of
this Act on the number of PLEBs already organized as well as the LGUs still without PLEBs. Municipalities or
cities without a PLEB or with an insufficient number of organized PLEBs shall have thirty (30) more days to
organize their respective PLEBs. After such period, the DILG and the Department of Budget and Management
shall withhold the release of the LGU's share in the national taxes in cities and municipalities still without
PLEB(s).
Section 71. Request for Preventive Suspension. – The PLEB may ask any authorized superior to impose
preventive suspension against a subordinate police officer who is the subject of a complaint lasting up to a
period as may be allowed under the law. A request for preventive suspension shall not be denied by the superior
officer in the following cases:
a) when the respondent refuses to heed the PLEB's summons or subpoena;
b) when the PNP personnel has been charged with offenses involving bodily harm or grave threats,
c) when the respondent is in a position to tamper with the evidence; andlawphil.net
d) when the respondent is in a position to unduly influence the witnesses.
Any superior who fails to act on any request for suspension without valid grounds shall be held administratively
liable for serious neglect of duty.

PNP PATROL PLAN 2030


 To enhance the focus and coordination of police functions and operations through a national internal
security policy and strategy;
 To re-engineer the police system towards strengthening police oversight; remove institutionalized
mechanisms that undermine unity of command and internal management authority in the PNP, which
renders the organization vulnerable to undue politicization and corruption;
 To fortify the institutional capabilities of the PNP by improving administrative and operational
coherence and efficiency; and to strengthen the police stations with the end goal of enhancing the quality
36
of police services and relationships with the community.
 To streamline institutional mechanisms and procedures in order to promote speedy access to justice and
legal protection; ensure police neutrality and non-discrimination; and foster respect for human rights and
gender neutrality;
 To strengthen institutional mechanisms for the recruitment, training, and maintenance of a corps of
competent, well-compensated, and motivated professional police force imbued with integrity, industry,
and a high sense of duty and honor; and
 To clarify and instill a culture of public accountability in the PNP and among its personnel.

12 Key Result Areas

1. NATIONAL POLICY & INSTITUTIONAL DEVELOPMENT - to formulate and implement a national


internal security policy and strategy; rationalize the overall institutional framework of the police system;
improve the functional delineation and coordination between law enforcement agencies and the conventional
police institutions; remove institutional mechanisms that render the PNP vulnerable to politicization and erode
its unity of command and internal management authority; strengthen the NAPOLCOM as body tasked with the
formulation of rules, regulations and standards for the entire police system; adopt mechanisms for institutional
continuity and stability, particularly in police leadership; and firmly establish a self-administering and managing
professional PNP.

2. POLICE OPERATIONS - to initiate reforms in rules and procedures in the conduct of police operations;
provide police stations with the appropriate work tools and strengthen crime research to support more effective
crime management operations.

3. FACILITIES DEVELOPMENT - to upgrade physical facilities and equipment in support to police field
operations, including the updating of police equipment standards and the development of a multi-year financing
and procurement plan; development and upgrading of the facilities, equipment, and physical set-up of the PNP
Crime Laboratory; and the provision of model infrastructure for police stations and substations. An important
component of this program is the improvement of capacities for the management and preservation of police
evidence.

4. HUMAN RESOURCES MANAGEMENT & DEVELOPMENT - to initiate policy reforms in human


resource development and improve the human resources management systems including staffing, recruitment
and selection, personnel administration, career development and promotion, police remuneration, and police
education and training, performance monitoring and evaluation, and police discipline. Two important
components of this program include the reengineering of the institutional framework of police education and
training and particularly strengthening the capacities and organization of the Philippine Public Safety College,

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integrating all police training therein, and strengthening police education and training curricula; and the
establishment of a PNP Pension and Insurance Corporation.

5. ADMINISTRATIVE & FINANCIAL MANAGEMENT - to reform and strengthen the resource generation
capacity of the PNP, streamline and improve the entire financial management system by infusing more
appropriate tools that will allow systematic linkage between strategic and operational plans, budget prioritization
and detail formulation, and decentralize administrative and financial management to the appropriate enterprise
units in the field, while strengthening and integrating oversight administrative and financial management
functions.

6. STRATEGIC PLANNING & PERFORMANCE MANAGEMENT - to design and institutionalize a


strategic planning system within the PNP; strengthen operational planning capacities of mission-critical units;
develop results- based monitoring and evaluation systems which will be run at the operational and oversight
levels of the PNP organization. An essential component of this program will be the formulation and
implementation of a Crime Indicators System that will identify an appropriate set of indicators that will guide
the monitoring and evaluation of the country’s crime situation and its performance, and the corresponding
procedures for data generation and reporting.

7. INFORMATION & COMMUNICATION TECHNOLOGY - to develop and implement a PNP Integrated


Crime Management Information System, or CMIS. The system will be designed to work as part of the broader
criminal justice information system architecture. The PNP CMIS will operate at the police station level
providing transaction processing modules that will feed into a crime database, tracking, and monitoring system
that will enable crime mapping and analysis at station and higher geographical levels.

8. DEMONSTRATION OF EXCELLENCE THROUGH DEVELOPMENT OF BEST PRACTICES - to


demonstrate the effectiveness of the fundamental institutional and system reforms by combining them with a
more comprehensive locality or community-based peace and order planning and management that will involve
various stakeholders.

9. PUBLIC INFORMATION AND ADVOCACY - to support the implementation of the transformation


program from start to finish by providing broad and stakeholder information, education and advocacy strategies
and interventions which will engender active cooperation and support.

10. REFORM MANAGEMENT - take the lead in implementing the medium-term reform program by
enhancing the institutional framework and operating mechanisms of the PNP; prepare plans and manage the

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entire change management and day-to-day reform development, content synchronization, and implementation of
management processes.

11. ANTI-CORRUPTION - Envisioned to prevent the misuse of power and position in the PNP organization
which undermines the integrity of police personnel along with the promotion of police integrity and morality as
primer law enforcers.

12. PROMOTION OF HUMAN RIGHTS - Aimed to promote human rights as a basic value in the conduct of
operations and in accordance with the international standards of human rights and policing.

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Learning Activities

Activity # 1

Present your thought/ideas concerning the following:


1. What does Republic Act No. 6975 means?
2. What was the nature of the police officers under RA 6975?
3. Discuss the general qualifications of the PNP applicants under RA 6975?
4. Why is gender sensitivity program essential in the PNP organization?
5. What is PLEB? Discuss its functions and limitations.

Activity # 2

Reflection
1. The importance of Republic Act No. 8551.
2. The Role of womens desk in the Police Stations.

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