Ra 8551
Ra 8551
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
TITLE I
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.
TITLE II
SEC. 3. Section 12 of Republic Act No. 6975 is hereby amended to read as follows:
"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
SEC. 4. Section 13 of Republic Act No. 6975 is hereby amended to read as follows:
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:
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SEC. 6. Section 15 of Republic Act No. 6975 is hereby amended to read as follows:
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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."
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. 9. Section 17 of Republic Act No. 6975 is hereby amended to read as follows:
SEC. 10. Section 20 of Republic Act No. 6975 is hereby amended to read as follows:
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"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. 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
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.
B. QUALIFICATIONS UPGRADING
SEC. 14. Section 30 of Republic Act No. 6975 is hereby amended to read as follows:
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"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.
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. 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.
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:
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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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. 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:
"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
SEC. 39. Creation, Powers, and Functions. - An Internal Affairs Service (IAS) of the PNP
is hereby created which shall:
The IAS shall also conduct, motu proprio, automatic investigation of the following
cases:
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.
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. 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.
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.
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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:
"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:
"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.
"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
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
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:
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. 65. Section 52 of Republic Act No. 6975 is hereby amended to read as follows:
"Upon good cause shown, the President may, directly or through the Commission,
motu proprio restore such deputation withdrawn from any local executive."
TITLE IX
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:
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:
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,
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.
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