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Ra 8551

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6 views24 pages

Ra 8551

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Ginalyn Adlawan
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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S. No. 2215 H. No. 10089 / 94 OG No. 28, 56 Supp. (July 13, 1998) ; Malaya 3/7/98 ;
Mla. Standard 3/5/98 ; Mla. Times 3/5/98 ; 10 VLD 2d 405

[ 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
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:

TITLE I

TITLE AND DECLARATION OF POLICY

SECTION 1. Title. - This Act shall be known as the "Philippine National Police Reform
and Reorganization Act of 1998."

SEC. 2. Declaration of Policy and Principles. - It is hereby declared the policy of the
State to establish a highly efficient and competent police force which is national in
scope and civilian in character administered and controlled by a national police
commission.

The Philippine National Police (PNP) shall be a community and service oriented agency
responsible for the maintenance of peace and order and public safety.

The PNP shall be so organized to ensure accountability and uprightness in police


exercise of discretion as well as to achieve efficiency and effectiveness of its members
and units in the performance of their functions.

TITLE II

THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS

SEC. 3. 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,
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through information gathering and performance of its ordinary police functions,


support the Armed Forces of the Philippines on matters involving suppression of
insurgency, except in cases where the President shall call on the PNP to support
the AFP in combat operations.

"In times of national emergency, the PNP, the Bureau of Fire Protection, and the
Bureau of Jail Management and Penology shall, upon the direction of the
President, assist the armed forces in meeting the national emergency."

TITLE III

THE NATIONAL POLICE COMMISSION

SEC. 4. 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."

SEC. 5. Section 14 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 14. Powers and Functions of the Commission. - The Commission shall
exercise the following powers and functions:

a. Exercise administrative control and operational supervision over the


Philippine National Police which shall mean the power to:
1. Develop policies and promulgate a police manual prescribing rules and
regulations for efficient organization, administration, and operation,
including criteria for manpower allocation, distribution and deployment,
recruitment, selection, promotion and retirement of personnel and the
conduct of qualifying entrance and promotional examinations for
uniformed members;
2. Examine and audit, and thereafter establish the standards for such
purposes on a continuing basis, the performance, activities, and
facilities of all police agencies throughout the country;
3. Establish a system of uniform crime reporting;

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4. Conduct an annual self-report survey and compile statistical data for


the accurate assessment of the crime situation and the proper
evaluation of the efficiency and effectiveness of all police units in the
country;
5. Approve or modify plans and programs on education and training,
logistical requirements, communications, records, information systems,
crime laboratory, crime prevention and crime reporting;
6. Affirm, reverse or modify, through the National Appellate Board,
personnel disciplinary actions involving demotion or dismissal from the
service imposed upon members of the Philippine National Police by the
Chief of the Philippine National Police;
7. Exercise appellate jurisdiction through the regional appellate boards
over administrative cases against policemen and over decisions on
claims for police benefits;
8. Prescribe minimum standards for arms, equipment, and uniforms and,
after consultation with the Philippine Heraldry Commission, for insignia
of ranks, awards, and medals of honor. Within ninety (90) days from
the effectivity of this Act, the standards of the uniformed personnel of
the PNP must be revised which should be clearly distinct from the
military and reflective of the civilian character of the police;
9. Issue subpoena and subpoena duces tecum in matters pertaining to
the discharge of its own powers and duties and designate who among
its personnel can issue such processes and administer oaths in
connection therewith;
10. Inspect and assess the compliance of the PNP on the established
criteria for manpower allocation, distribution, and deployment and
their impact on the community and the crime situation, and thereafter
formulate appropriate guidelines for maximization of resources and
effective utilization of the PNP personnel;
11. Monitor the performance of the local chief executives as deputies of
the Commission; and
12. Monitor and investigate police anomalies and irregularities.
b. Advise the President on all matters involving police functions and
administration;
c. Render to the President and to the Congress an annual report on its
activities and accomplishments during the thirty (30) days after the end of
the calendar year, which shall include an appraisal of the conditions
obtaining in the organization and administration of police agencies in the
municipalities, cities and provinces throughout the country, and
recommendations for appropriate remedial legislation;
d. Recommend to the President, through the Secretary, within sixty (60) days
before the commencement of each calendar year, a crime prevention
program; and
e. Perform such other functions necessary to carry out the provisions of this
Act and as the President may direct."

SEC. 6. Section 15 of Republic Act No. 6975 is hereby amended to read as follows:

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"SEC. 15. Qualifications. - No person shall be appointed regular member of the


Commission unless:

a. He or she is a citizen of the Philippines;

b. A member of the Philippine Bar with at least five (5) years experience in
handling criminal or human rights cases or a holder of a master's degree but
preferably a doctorate degree in public administration, sociology,
criminology, criminal justice, law enforcement, and other related disciplines;
and

c. The regular member coming from the law enforcement sector should have
practical experience in law enforcement work for at least five (5) years while
the three (3) other regular commissioners must have done extensive
research work or projects on law enforcement, criminology or criminal
justice or members of a duly registered non-government organization
involved in the promotion of peace and order."

SEC. 7. Section 16 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 16. Term of Office. - The four (4) regular and fulltime Commissioners shall
be appointed by the President for a term of six (6) years without re-appointment
or extension."

SEC. 8. Expiration of the Terms of Office of Current Commissioners. - Upon the


effectivity of this Act, the terms of office of the current Commissioners are deemed
expired which shall constitute a bar to their reappointment or an extension of their
terms in the Commission except for current Commissioners who have served less than
two (2) years of their terms of office who may be appointed by the President for a
maximum term of two (2) years.

SEC. 9. 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."

SEC. 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:

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1. The Planning and Research Service, which shall provide technical


services to the Commission in areas of overall policy formulation,
strategic and operational planning, management systems or
procedures, evaluation and monitoring of the Commission's programs,
projects and internal operations; and shall conduct thorough research
and analysis on social and economic conditions affecting peace and
order in the country;
2. The Legal Affairs Service, which shall provide the Commission with
efficient and effective service as legal counsel of the Commission; draft
or study contracts affecting the Commission and submit appropriate
recommendations pertaining thereto; and render legal opinions arising
from the administration and operation of the Philippine National Police
and the Commission;
3. The Crime Prevention and Coordination Service, which shall undertake
criminological researches and studies; formulate a national crime
prevention plan; develop a crime prevention and information program
and provide editorial direction for all criminology research and crime
prevention publications;
4. The Personnel and Administrative Service, which shall perform
personnel functions for the Commission, administer the entrance and
promotional examinations for policemen, provide the necessary
services relating to records, correspondence, supplies, property and
equipment, security and general services, and the maintenance and
utilization of facilities, and provide services relating to manpower,
career planning and development, personnel transactions and
employee welfare;
5. The Inspection, Monitoring and Investigation Service, which shall
conduct continuous inspection and management audit of personnel,
facilities and operations at all levels of command of the PNP, monitor
the implementation of the Commission's programs and projects
relative to law enforcement; and monitor and investigate police
anomalies and irregularities;
6. The Installations and Logistics Service, which shall review the
Commission's plans and programs and formulate policies and
procedures regarding acquisition, inventory, control, distribution,
maintenance and disposal of supplies and shall oversee the
implementation of programs on transportation facilities and
installations and the procurement and maintenance of supplies and
equipment; and
7. The Financial Service, which shall provide the Commission with staff
advice and assistance on budgetary and financial matters, including
the overseeing of the processing and disbursement of funds pertaining
to the scholarship program and surviving children of deceased and/or
permanently incapacitated PNP personnel.
c. Disciplinary Appellate Boards. - The Commission shall establish a formal
administrative disciplinary appellate machinery consisting of the National
Appellate Board and the regional appellate boards.

"The National Appellate Board shall decide cases on appeal from decisions
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rendered by the PNP chief, while the regional appellate boards shall decide
cases on appeal from decisions rendered by officers other than the PNP
chief, the mayor, and the People's Law Enforcement Board (PLEB) created
hereunder."

SEC. 11. 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."

SEC. 12. Qualifications Upgrading Program. - The Commission shall design and
establish a qualifications upgrading program for the members of the Commission in
coordination with the Civil Service Commission, the Department of Education, Culture
and Sports and the Commission on Higher Education through a distance education
program and/or an in-service education program or similar programs within ninety (90)
days from the effectivity of this Act: Provided, That those who are already in the
service from the effectivity of this Act shall have five (5) years to obtain the required
degree or qualification counted from the implementation of the qualifications upgrading
program.

TITLE IV

THE PHILIPPINE NATIONAL POLICE

A. REORGANIZATION

SEC. 13. Authority of the Commission to Reorganize the PNP. - Notwithstanding the
provisions of Republic Act No. 6975 on the organizational structure and rank
classification of the PNP, the Commission shall conduct a management audit, and
prepare and submit to Congress a proposed reorganization plan of the PNP not later
than December 31, 1998, subject to the limitations provided under this Act and based
on the following criteria: a) increased police visibility through dispersal of personnel
from the headquarters to the field offices and by the appointment and assignment of
non-uniformed personnel to positions which are purely administrative, technical, clerical
or menial in nature and other positions which are not actually and directly related to
police operation; and b) efficient and optimized delivery of police services to the
communities.

The PNP reorganization program shall be approved by Congress through a joint


resolution.

B. QUALIFICATIONS UPGRADING

SEC. 14. Section 30 of Republic Act No. 6975 is hereby amended to read as follows:

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"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 has passed the psychiatric/psychological, drug and physical tests to be
administered by the PNP or by any NAPOLCOM accredited government
hospital for the purpose of determining physical and mental health;
d. Must possess a formal baccalaureate degree from a recognized institution of
learning;
e. Must be eligible in accordance with the standards set by the Commission;
f. Must not have been dishonorably discharged from military employment or
dismissed for cause from any civilian position in the Government;
g. Must not have been convicted by final judgment of an offense or crime
involving moral turpitude;
h. Must be at least one meter and sixty-two centimeters (1.62 m.) in height for
male and one meter and fifty-seven centimeters (1.57 m.) for female;
i. Must weigh not more or less than five kilograms (5 kgs.) from the standard
weight corresponding to his or her height, age, and sex; and
j. For a new applicant, must not be less than twenty-one (21) nor more than
thirty (30) years of age: except for the last qualification, the above-
enumerated qualifications shall be continuing in character and an absence of
any one of them at any given time shall be a ground for separation or
retirement from the service: Provided, That PNP members who are already
in the service upon the effectivity of this Act shall be given at least two (2)
more years to obtain the minimum educational qualification and one (1)
year to satisfy the weight requirement.

"For the purpose of determining compliance with the requirements on physical


and mental health, as well as the nonuse 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."

SEC. 15. Waivers for Initial Appointments to the PNP. - The age, height, weight, and
educational requirements for initial appointment to the PNP may be waived only when
the number of qualified applicants fall below the minimum annual quota: Provided, That
an applicant shall not be below twenty (20) nor over thirty-five (35) years of age:
Provided, further, That any applicant not meeting the weight requirement shall be given
reasonable time but not exceeding six (6) months within which to comply with the said
requirement: Provided, furthermore, That only applicants who have finished second

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year college or have earned at least seventy-two (72) collegiate units leading to a
bachelor's degree shall be eligible for appointment: Provided, furthermore, That
anybody who will enter the service without a baccalaureate degree shall be given a
maximum of four (4) years to obtain the required educational qualification: Provided,
finally, That a waiver for height requirement shall be automatically granted to
applicants belonging to the cultural communities.

SEC. 16. Selection Criteria Under the Waiver Program. - The selection of applicants
under the Waiver Program shall be subject to the following minimum criteria:

a. Applicants who 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.

SEC. 17. Nature of Appointment Under a Waiver Program. - Any PNP uniformed
personnel who are 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.

SEC. 18. Re-application of Dismissed PNP Members Under a Waiver Program. - Any PNP
member who shall be dismissed under a waiver program shall be eligible to re-apply for
appointment to the PNP: Provided, that he or she possesses the minimum qualifications
under Section 14 of this Act and his or her reappointment is not by virtue of another
waiver program.

SEC. 19. The Field Training Program. - All uniformed members of the PNP shall undergo
a Field Training Program for twelve (12) months involving actual experience and
assignment in patrol, traffic, and investigation as a requirement for permanency of
their appointment.

SEC. 20. Increased Qualifications for Provincial Directors. - No person may be


appointed Director of a Provincial Police Office unless:

a. he or she holds a master's degree in public administration, sociology, criminology,


criminal justice, law enforcement, national security administration, defense
studies, or other related discipline from a recognized institution of learning; and
b. has satisfactorily passed the required training and career courses necessary for
the position as may be established by the Commission.

Any PNP personnel who is currently occupying the position but lacks any of the
qualifications mentioned above shall be given three (3) years upon the effectivity of
this Act to comply with the requirements; otherwise he or she shall be relieved from
the position.

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SEC. 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."

SEC. 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 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."

SEC. 23. Qualifications Upgrading Program. - The Commission shall design and
establish a qualifications upgrading program for the Philippine National Police officers
and members in coordination with the Civil Service Commission, and the Commission
on Higher Education through a distance education program and/or an in-service
education program or other similar programs within ninety (90) days from the
effectivity of this Act.

C. ATTRITION SYSTEM FOR UNIFORMED PERSONNEL

SEC. 24. Attrition System. - There shall be established a system of attrition within the
uniformed members of the PNP within one (1) year from the effectivity of this Act to be
submitted by the PNP to the Commission for approval. Such attrition system shall
include but is not limited to the provisions of the following sections.

SEC. 25. Attrition by Attainment of Maximum Tenure in Position. - The maximum tenure
of PNP members holding key positions is hereby prescribed as follows:

POSITION MAXIMUM TENURE


Chief four (4) years
Deputy Chief four (4) years
Director of the Staff Services four (4) years
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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 the PNP members who have already
reached their maximum tenure upon the effectivity of this Act may be allowed one (1)
year more of tenure in their positions before the maximum tenure provided in this
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 higher rank or
appointed to any other position.

SEC. 26. Attrition by Relief. - A PNP uniformed personnel who has been relieved for just
cause and has not been given an assignment within two (2) years after such relief shall
be retired or separated.

SEC. 27. Attrition by Demotion in Position or Rank. - Any PNP personnel, civilian or
uniformed, who is relieved and assigned to a position lower than what is established for
his or her grade in the PNP staffing pattern and who shall not be assigned to a position
commensurate to his or her grade within eighteen (18) months after such demotion in
position shall be retired or separated.

SEC. 28. Attrition by Non-promotion. - Any PNP personnel who has not been promoted
for a continuous period of ten (10) years shall be retired or separated.

SEC. 29. Attrition by Other Means. - A PNP member or officer with at least five (5)
years of accumulated active service shall be separated based on any of the following
factors:

a. inefficiency based on poor performance during the last two (2) successive annual
rating periods;
b. inefficiency based on poor performance for three (3) cumulative annual rating
periods;
c. physical and/or mental incapacity to perform police functions and duties; or
d. failure to pass the required entrance examinations twice and/or finish the required
career courses except for justifiable reasons.

SEC. 30. Retirement or Separation Under the Preceding 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

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disqualified by law to receive such benefits.

D. PROMOTION SYSTEM

SEC. 31. Rationalized Promotion System. - Within six (6) months after the effectivity of
this Act, the Commission shall establish a system of promotion for uniformed and non-
uniformed personnel of the PNP which shall be based on merits and on the availability
of vacant positions in the PNP staffing pattern. Such system shall be gender fair and
shall ensure that women members of the PNP shall enjoy equal opportunity for
promotion as that of men.

SEC. 32. Promotion by Virtue of Position. - Any PNP personnel designated to any key
position whose rank is lower than that which is required for such position shall, after six
(6) months of occupying the same, be entitled to a rank adjustment corresponding to
the position: Provided, That the personnel shall not be reassigned to a position calling
for a higher rank until after two (2) years from the date of such rank adjustment:
Provided, further, That any personnel designated to the position who does not possess
the established minimum qualifications therefore shall occupy the same temporarily for
not more than six (6) months without reappointment or extension.

SEC. 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

SEC. 34. Section 75 of the same Act is hereby amended to read as follows:

"SEC. 75. Retirement Benefits. - Monthly retirement pay shall be fifty percent
(50%) of the base pay and longevity pay of the retired grade in case of twenty

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(20) years of active service, increasing by two and one-half percent (2.5%) for
every year of active service rendered beyond twenty (20) years to a maximum of
ninety percent (90%) for thirty-six (36) years of active service and over:
Provided, That, the uniformed personnel shall have the option to receive in
advance and in lump sum his retirement pay for the first five (5) years: Provided,
further, That payment of the retirement benefits in lump sum shall be made within
six (6) months from effectivity date of retirement and/or completion: Provided,
finally, That retirement pay of the officers/non-officers of the PNP shall be subject
to adjustments based on the prevailing scale of base pay of police personnel in
the active service."

SEC. 35. 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."

SEC. 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 there from. They shall have the same salary grade
level as that of public school teachers: Provided, That PNP members assigned in
Metropolitan Manila, chartered cities and first class municipalities may be paid
financial incentive by the local government unit concerned subject to the
availability of funds."

SEC. 37. Early Retirement Program. - Within three (3) years after the effectivity of this
Act, any PNP officer or noncommissioned 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
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in position.

SEC. 38. Rationalization of Retirement and Separation Benefits. - The Commission shall
formulate a rationalized retirement and separation benefits schedule and program
within one (1) year from the effectivity of this Act for approval by Congress: Provided,
That the approved schedule and program shall have retroactive effect in favor of PNP
members and officers retired or separated from the time specified in the law, unless the
retirement or separation is for cause and the decision denies the grant of benefits.

TITLE V

INTERNAL AFFAIRS SERVICE

SEC. 39. Creation, Powers, and Functions. - An Internal Affairs Service (IAS) of the PNP
is hereby created which shall:

a. pro-actively conduct inspections and audits on PNP personnel and units;


b. investigate complaints and gather evidence in support of an open investigation;
c. conduct summary hearings on PNP members facing administrative charges;
d. submit a periodic report on the assessment, analysis, and evaluation of the
character and behavior of PNP personnel and units to the Chief PNP and the
Commission;
e. file appropriate criminal cases against PNP members before the court as evidence
warrants and assist in the prosecution of the case;
f. provide assistance to the Office of the Ombudsman in cases involving the
personnel of the PNP.

The IAS shall also conduct, motu proprio, automatic investigation of the following
cases:

a. incidents where a police personnel discharges a firearm;


b. incidents where death, serious physical injury, or any violation of human rights
occurred in the conduct of a police operation;
c. incidents where evidence was compromised, tampered with, obliterated, or lost
while in the custody of police personnel;
d. incidents where a suspect in the custody of the police was seriously injured; and
e. incidents where the established rules of engagement have been violated.

Finally, the IAS shall provide documents or recommendations as regards to the


promotion of the members of the PNP or the assignment of PNP personnel to any key
position.

SEC. 40. Organization. - National, regional, and provincial offices of the Internal Affairs
shall be established. Internal Affairs Service shall be headed by an Inspector General
who shall be assisted by a Deputy Inspector General. The area offices shall be headed
by a Director while the provincial offices shall be headed by a Superintendent:
Provided, that the head of the Internal Affairs Service shall be a civilian who shall meet
the qualification requirements provided herein.

The Commission shall establish a rationalized staffing pattern in the Reorganization


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Plan as provided for in Section 13 hereof.

SEC. 41. Appointments. - The Inspector General shall be appointed by the President
upon the recommendation of the Director General and duly endorsed by the
Commission. Appointments of personnel who shall occupy various positions shall be
made by the Inspector General and shall be based on an established career pattern and
criteria to be promulgated by the Commission.

SEC. 42. Entry Qualifications to IAS. - Entry to the Internal Affairs Service shall be
voluntary and subject to rigid screening where only PNP personnel who have at least
five (5) years experience in law enforcement and who have no derogatory service
records shall be considered for appointment: Provided, That members of the Bar may
enter the service laterally.

SEC. 43. Initial Appointments to the National, Directorial, and Provincial Internal Affairs
Service Offices. - Initial appointments of the heads of the offices in the Internal Affairs
Service shall be made by the President upon recommendation by the Commission.
Thereafter, appointments and promotions to the Service shall follow the established
requirements and procedures.

SEC. 44. Promotions. - The Commission shall establish the promotion system within the
IAS which shall follow the general principles of the promotion system in the PNP.

SEC. 45. Prohibitions. - Any personnel who join the IAS may not thereafter join any
other unit of the PNP. Neither shall any personnel of the IAS be allowed to sit in a
committee deliberating on the appointment, promotion, or assignment of any PNP
personnel.

SEC. 46. Career Development and Incentives. -

1. Personnel of the Internal Affairs Service shall in addition to other allowances


authorized under existing laws be granted occupational specialty pay which shall
not exceed fifty percent (50%) of their basic pay. This pay shall not be considered
a forfeiture of other remuneration and allowances which are allowed under
existing laws.
2. IAS members shall also have priorities in the quota allocation for training and
education.

SEC. 47. Records Management of the IAS. - Local Internal Affairs Offices shall be
responsible for the maintenance and update of the records of the members of the PNP
within their jurisdiction.

When 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

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that the officer or member shall have been given a new assignment where the records
will be forwarded to the Internal Affairs Office acquiring jurisdiction over the PNP
personnel.

SEC. 48. Inclusion of Supervisors and Superiors in IAS Investigations. - The immediate
superior or supervisor of the personnel or units being investigated under the preceding
section shall be automatically included in the investigation of the IA to exclusively
determine lapses in administration or supervision.

SEC. 49. Disciplinary Recommendations of the IAS. -

a. Any uniformed PNP personnel found guilty of any 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
erring PNP personnel, once final, cannot be revised, set-aside, or unduly delayed
by any disciplining authority without just cause. Any disciplining authority who
fails to act or who acts with abuse of discretion on the recommendation of the IAS
shall be made liable for gross neglect of duty. The case of erring disciplinary
authority shall be submitted to the Director General for proper disposition.

SEC. 50. Appeals. - Decisions rendered by the provincial inspectors shall be forwarded
to the area internal affairs office for review within ten (10) working days upon the
receipt thereof. Decisions of the area office may be appealed to the national office
through the Office of Inspector General. Decisions rendered by the National IAS shall
be appealed to the National Appellate Board or to the court as may be appropriate:
Provided, That the summary dismissal powers of the Director General and Regional
Directors as provided in 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.

SEC. 51. Complaints Against the IAS. - A complaint against any personnel or office of
IAS shall be brought to the Inspector General's Office or to the Commission as may be
appropriate.

TITLE VI

DISCIPLINARY MECHANISMS

SEC. 52. 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

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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 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
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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 or 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 there from to the
disciplinary authority where the original complaint or pleading has been
filed."

SEC. 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
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immediately from the service. His activities and whereabouts during the period
shall be investigated and if found to have committed a crime, he shall be
prosecuted accordingly."
SEC. 54. 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 composed of a senior officer of the regional Commission as
Chairman and one (1) representative each from the PNP, and the regional peace
and order council as members. It shall consider appeals from decisions of the
regional directors, other officials, mayors, and the PLEBs: Provided that the
Commission may create additional regional appellate boards as the need arises."

SEC. 55. 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."

SEC. 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
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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

SEC. 57. Creation and Functions. - The PNP shall establish women's desks in all police
stations throughout the country to administer and attend to cases involving crimes
against chastity, sexual harassment, abuses committed against women and children
and other similar offenses: Provided, That municipalities and cities presently without
policewomen will have two (2) years upon the effectivity of this Act within which to
comply with the requirement of this provision.

SEC. 58. Prioritization of Women for Recruitment. - Within the next five (5) years, the
PNP shall prioritize the recruitment and training of women who shall serve in the
women's desk. Pursuant to this requirement, the PNP shall reserve ten percent (10%)
of its annual recruitment, training, and education quota for women.

SEC. 59. Gender Sensitivity Program. - The Commission shall formulate a gender
sensitivity program within ninety (90) days from the effectivity of this Act to include but
not limited to the establishment of equal opportunities for women in the PNP, the
prevention of sexual harassment in the workplace, and the prohibition of discrimination
on the basis of gender or sexual orientation.

SEC. 60. Administrative Liability. - Any personnel who shall violate the established rules
and regulations regarding gender sensitivity and gender equality shall be suspended
without pay for not less than thirty (30) days and shall undergo gender sensitivity
seminar or training: Provided, that any personnel who violate the rules more than twice
shall be recommended for demotion or dismissal from the PNP.

SEC. 61. Non-Prohibition for Promotion. - Nothing in this title shall be construed as a
restriction on the assignment of policewomen to other positions in the PNP nor shall
any provisions of this title be used for the non-promotion of a PNP female personnel to
higher position.

TITLE VIII

PARTICIPATION OF LOCAL GOVERNMENT EXECUTIVES IN THE


ADMINISTRATION OF THE PNP

SEC. 62. The provisions of the second, third, fourth and fifth paragraphs of
subparagraph (b) (1), Section 51, Chapter III-D of Republic Act No. 6975 are hereby
amended to read as follows:

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"The term 'operational supervision and control' shall mean the power to direct,
superintend, and oversee the day-to-day functions of police investigation of crime,
crime prevention activities, and traffic control in accordance with the rules and
regulations promulgated by the Commission.

"It shall also include the power to direct the employment and deployment of units
or elements of the PNP, through the station commander, to ensure public safety
and effective maintenance of peace and order within the locality. For this purpose,
the terms 'employment' and 'deployment' shall mean as follows:

"'Employment' refers to the utilization of units or elements of the PNP for


purposes of protection of lives and properties, enforcement of laws, maintenance
of peace and order, prevention of crimes, arrest of criminal offenders and bringing
the offenders to justice, and ensuring public safety, particularly in the suppression
of disorders, riots, lawlessness, violence, rebellious and seditious conspiracy,
insurgency, subversion or other related activities.

"'Deployment' shall mean the orderly and organized physical movement of


elements or units of the PNP within the province, city or municipality for purposes
of employment as herein defined."

SEC. 63. 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."
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SEC. 64. Automatic Deputation of Local Government Executives as Commission


Representatives. - Governors and mayors, upon having been elected and having
qualified as such, are automatically deputized as representatives of the National Police
Commission in their respective jurisdiction. As deputized agents of the Commission,
local government executives can inspect police forces and units, conduct audit, and
exercise other functions as may be duly authorized by the Commission.

SEC. 65. 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

SEC. 66. Paragraph (a), Section 43 of Republic Act No. 6975 is hereby amended to read
as follows:

"SEC. 43. People's Law Enforcement Board (PLEB). - (a) Creation and Functions -
The sangguniang panlungsod/bayan in every city and municipality shall create
such number of People's Law Enforcement Boards (PLEBs) as may be necessary:
Provided, That there shall be at least one (1) PLEB for every five hundred (500)
city or municipal police personnel and for each of the legislative districts in a city.

"The PLEB shall be the central receiving entity for any citizen's complaint against
the officers and members of the PNP. Subject to the provisions of 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."

SEC. 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

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woman and another a member of the Bar, or, in the absence thereof, a college
graduate, or the principal of the central elementary school in the locality."

SEC. 68. The last paragraph of 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."

SEC. 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."

SEC. 70. Budget Allocation. - The annual budget of the Local Government Units (LGUs)
shall include an item and the corresponding appropriation for the maintenance and
operation of their local PLEBs.

The Secretary shall submit a report to Congress and the President within fifteen (15)
days from the effectivity of this Act on the number of PLEBs already organized as well
as the LGUs still without PLEBs. Municipalities or cities without a PLEB or with an
insufficient number of organized PLEBs shall have thirty (30) more days to organize
their respective PLEBs. After such period, the DILG and the Department of Budget and
Management shall withhold the release of the LGU's share in the national taxes in cities
and municipalities still without PLEB(s).

SEC. 71. Request for Preventive Suspension. - The PLEB may ask any authorized
superior to impose preventive suspension against a subordinate police officer who is
the subject of a complaint lasting up to a period as may be allowed under the law. A
request for preventive suspension shall not be denied by the superior officer in the
following cases:

a. when the respondent refuses to heed the PLEB's summons or subpoena;


b. when the PNP personnel has been charged with offenses involving bodily harm or
grave threats;
c. when the respondent is in a position to tamper with the evidence; and
d. when the respondent is in a position to unduly influence the witnesses.

Any superior who fails to act on any request for suspension without valid grounds shall
be held administratively liable for serious neglect of duty.

TITLE X

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TRANSITORY PROVISIONS

SEC. 72. Transition. - The provisions on the reorganization and the civilianization of the
PNP and the devolution of police capabilities to the local police forces shall be effected
within three (3) years after the effectivity of this Act.

TITLE XI

FINAL PROVISIONS

SEC. 73. Rules and Regulations. - Unless otherwise provided in this Act, the
Commission in coordination with the Philippine National Police and the Department of
the Interior and Local Government, shall promulgate rules and regulations for the
effective implementation of this Act. Such rules and regulations shall take effect upon
their publication in three (3) newspapers of general circulation.

SEC. 74. Appropriations. - The amount necessary to carry out the provisions of this Act
is hereby authorized to be appropriated in the General Appropriations Act of the year
following its enactment into law and thereafter.

SEC. 75. Repealing Clause. - All laws, presidential decrees, letters of instructions,
executive orders, rules and regulations insofar as they are inconsistent with this Act,
are hereby repealed or amended as the case may be.

SEC. 76. Separability Clause. - In case any provision of this Act or any portion thereof
is declared unconstitutional by a competent court, other provisions shall not be affected
thereby.

SEC. 77. Effectivity Clause. - This Act shall take effect after its complete publication in
at least three (3) newspapers of general circulation.

Approved,

(Sgd.) JOSE DE VENECIA, JR. (Sgd.) NEPTALI A. GONZALES


Speaker of the House of
President of the Senate
Representatives

This Act, which is a consolidation of Senate Bill No. 2215 and House Bill No. 10089 was
finally passed by the Senate and the House of Representatives on February 20, 1998.

(Sgd.) ROBERTO P. NAZARENO (Sgd.) HEZEL P. GACUTAN


Secretary General House of
Secretary of the Senate
Representatives

Approved: February 25, 1998.

(Sgd.) FIDEL V. RAMOS


President of the Philippines

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