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