Republic Act No.

6975
December 13, 1990

REPUBLIC OF THE PHILIPPINES

CONGRESS OF THE PHILIPPINES
METRO MANILA
REPUBLIC ACT NO. 6975

AN ACT ESTABLISHING THE PHILIPPINE NATIONAL

POLICE UNDER A REORGANIZED DEPARTMENT OF
THE INTERIOR AND LOCAL GOVERNMENT, AND FOR
OTHER PURPOSES

SECTION 1. Title of the Act. — This Act shall be

known as the “Department of the Interior and Local
Government Act of 1990.”

SECTION 2. Declaration of Policy. — It is hereby

declared to be the policy of the State to promote
peace and order, ensure public safety and further
strengthen local government capability aimed
towards the effective delivery of the basic services to
the citizenry through the establishment of a highly
eOcient 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.

SECTION 3. Promulgation of Comprehensive

Policies by Congress. — Subject to the limitations
provided in the Constitution, the President shall
recommend to Congress the promulgation of policies
on public order and safety to protect the citizenry
from all forms of lawlessness, criminality and other
threats to peace and order.

CHAPTER I

The Department of the Interior and Local

Government

SECTION 4. The Department of the Interior and

Local Government. — To carry out the policies and
purposes of this Act, the Department of Local
Government is hereby reorganized into the
Department of the Interior and Local Government,
hereinafter referred to as the Department, in
accordance with the provisions of this Act.

SECTION 5. Powers and Functions of the

Department. — In furtherance of the objectives of this
Act, the Department shall continue to exercise the
powers and functions of the Department of Local
Government in addition to the powers and functions
as herein provided.

SECTION 6. Organization. — The Department

shall consist of the Department Proper, the existing
bureaus and oOces of the Department of Local
Government, the National Police Commission, the
Philippine Public Safety College, and the following
bureaus: the Philippine National Police, the Bureau of
Fire Protection, and the Bureau of Jail Management
and Penology.

SECTION 7. Department Proper. — The

Department Proper shall consist of the existing staff
services as provided for under Executive Order No.
262 and the following oOces:

(a) OOce of the Secretary. — The oOce of the

Secretary shall consist of the Secretary and his
immediate staff; and

(b) OOce of the Undersecretaries and Assistant

Secretaries. — The Secretary shall be assisted by two
(2) Undersecretaries, one (1) for local government and
the other for peace and order, at least one (1) of
whom must belong to the career executive service,
and three (3) career Assistant Secretaries.

SECTION 8. Head of Department. — The head of

the Department. — The head of the Department,
hereinafter referred to as the Secretary, shall also be
the ex-oOcio Chairman of the National Police
Commission and shall be appointed by the President
subject to concrmation of the Commission on
Appointments. No retired or resigned military oOcer
or police oOcial may be appointed as Secretary within
one (1) year from the date of his retirement or
resignation.

SECTION 9. General Powers, Term of OOce 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 oOce at the pleasure of the President
and shall receive the compensation, allowances and
other emoluments to which heads of departments are
entitled.

SECTION 10. Specicc Powers and Functions of

the Secretary. — In addition to his powers and
functions as provided in Executive Order No. 262, the
Secretary as Department head shall have the
following powers and functions:

(a) Prepare and submit periodic reports,

including a Quarterly Anti-Crime Operations Report
and such other reports as the President and Congress
may require;

(b) Act as Chairman and Presiding OOcer of the

National Police Commission; and

(c) Delegate authority to exercise any

substantive or administrative function to the
members of the National Police Commission or other
oOcers of rank within the Department.

SECTION 11. Regional OOces. — The Department

shall establish, operate and maintain a regional oOce
in each of the administrative regions of the country to
implement the policies and programs of the
Department. Each regional oOce 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 cre protection in addition to
the present assistant regional directors of the
Department of Local Government.

SECTION 12. Relationship of the Department with

the Department of National Defense. — During a
period of twenty-four (24) months from the effectivity
of this Act, the Armed Forces of the Philippines (AFP)
shall continue its present role of preserving the
internal and external security of the State: Provided,
That said period may be extended by the President, if
he cnds it justicable, for another period not exceeding
twenty-four (24) months, after which, the Department
shall automatically take over from the AFP the
primary role of preserving internal security, leaving to
the AFP its primary role of preserving external
security. However, even after the Department has
assumed primary responsibility on matters affecting
internal security, including the suppression of
insurgency, and there are serious threats to national
security and public order, such as where insurgents
have gained considerable foothold in the community
thereby necessitating the employment of bigger
tactical forces and the utilization of higher caliber
armaments and better armored vehicles, the
President may, upon recommendation of the peace
and order council, call upon the Armed Forces of the
Philippines to assume the primary role and the
Philippine National Police (PNP) to play the
supportive role in the area concerned.

In times of national emergency, all elements of the

PNP, the Bureau of Fire Protection, and the Bureau of
Jail Management and Penology shall, upon direction
of the President, assist the Armed Forces of the
Philippines in meeting the national emergency.

The complementary relationship between the

Department of the Interior and Local Government and
the Department of National Defense in any of the
preceding eventualities shall be jointly prescribed by
their respective Secretaries in a memorandum of
agreement that shall thereafter be published and
implemented.

CHAPTER II

The National Police Commission

SECTION 13. Creation and Composition. — A

National Police Commission, hereinafter referred to
as the Commission, is hereby created for the purpose
of effectively discharging the functions prescribed in
the Constitution and provided in this Act. The
Commission shall be a collegial body within the
Department. It shall be composed of a Chairman and
four (4) regular commissioners, one (1) of whom shall
be designated as Vice-Chairman by the President. The
Secretary of the Department shall be the ex-oOcio
Chairman of the Commission, while the Vice-
Chairman shall act as the executive oOcer of the
Commission.

SECTION 14. Powers and Functions of the

Commission. — The Commission shall exercise the
following powers and functions:

(a) Exercise administrative control over the

Philippine National Police;

(b) Advise the President on all matters involving

police functions and administration;

(c) Foster and develop policies and promulgate

rules and regulations, standards and procedures to
improve police services based on sound professional
concepts and principles;

(d) Examine and audit, and thereafter establish

the standards for such purposes on a continuing
basis, the performance, activities, and facilities of all
police agencies throughout the country;

(e) Prepare a police manual prescribing rules

and regulations for eOcient organization,
administration, and operation, including recruitment,
selection, promotion and retirement;

(f) Establish a system of uniform crime

reporting;

(g) Conduct surveys and compile statistical

data for the proper evaluation of the eOciency and
effectiveness of all police units in the country;

(h) Render to the President and to Congress an

annual report on its activities and accomplishments
during the thirty (30) days after the end of the
calendar year, which shall include an appraisal of the
conditions obtaining in the organization and
administration of police agencies in the
municipalities, cities and provinces throughout the
country, and recommendations for appropriate
remedial legislation;

(i) Approve or modify plans and programs on

education and training, logistical requirements,
communications, records, information systems, crime
laboratory, crime prevention and crime reporting;

(j) AOrm, reverse or modify, through the

National Appellate Board, personnel disciplinary
actions involving demotion or dismissal from the
service imposed upon members of the Philippine
National Police by the Chief of the Philippine National
Police;

(k) Exercise appellate jurisdiction through the

regional appellate boards over administrative cases
against policemen and over decisions on claims for
police benects;

(l) Recommend to the President, through the

Secretary, within sixty (60) days before the
commencement of each calendar year, a crime
prevention;

(m) Prescribe minimum standards for arms,

equipment, and uniforms and, after consultation with
the Philippine Heraldy Commission, for insignia of
ranks, awards and medals of honor;

(n) Issue subpoena and subpoena duces tecum

in matters pertaining to the discharge of its own
powers and duties, and designate who among its
personnel can issue such processes and administer
oaths in connection therewith; and

(o) Perform such other functions necessary to

carry out the provisions of this Act and as the
President may direct.

SECTION 15. Qualiccations. — No person shall be

appointed regular member of the Commission unless:

(a) He is at least thirty-cve (35) years of age;

(b) A member of the Philippine Bar or a holder

of a master’s degree in public administration,
business administration, management, sociology,
criminology, law enforcement, national security
administration, defense studies, and other related
discipline; and

(c) Has had experience in law enforcement

work for at least cve (5) years .

SECTION 16. Term of OOce. — The four (4)

regular and full-time Commissioners shall be
appointed by the President upon the recommendation
of the Secretary. Of the crst four (4) commissioners to
be appointed, two (2) commissioners shall serve for
six (6) years and the two (2) other commissioners for
four (4) years. All subsequent appointments shall be
for a period of six (6) years each, without
reappointment or extension.

SECTION 17. Temporary or Permanent Incapacity

of the Chairman. — In case of absence due to
temporary or permanent incapacity of the Chairman,
the President shall designate an Acting Chairman. In
case of death or permanent incapacity or
disqualiccation of the Chairman, the Acting Chairman
shall also act as such until a new Chairman shall have
been appointed and qualiced.

SECTION 18. Removal from OOce. — The

members of the Commission may be removed from
oOce for cause. All vacancies in the Commission,
except through expiration of term, shall be clled up for
the unexpired term only: Provided, That any person
who shall be appointed in this case shall be eligible
for regular appointment for another full term.

SECTION 19. Prohibitions. — The Chairman and

members of the Commission shall not engage in the
practice of any profession, or intervene, directly or
indirectly, in the management and control of any
private enterprise. They shall not, directly or indirectly,
have any cnancial or material interest in any
transaction requiring the approval of their oOce.

SECTION 20. Organizational Structure. — The

Commission shall consist of the following units:

(a) Commission Proper. — This is composed of

the oOces of the Chairman and the four (4)
commissioners.

(b) Staff Services. — The staff services of the

Commission shall be as follows:

(1) The Planning and Research Service, which

shall provide technical services to the Commission in
areas of overall policy formulation, strategic and
operational planning, management systems or
procedures, evaluation and monitoring of the
Commission’s programs, projects and internal
operations; and shall conduct thorough research and
analysis on social and economic conditions affecting
peace and order in the country;

(2) The Legal Affairs Service, which shall

provide the Commission with eOcient and effective
service as legal counsel of the Commission; draft or
study contracts affecting the Commission and submit
appropriate recommendations pertaining thereto; and
render legal opinions arising from the administration
and operation of the Philippine National Police and
the Commission;

(3) The Crime Prevention and Coordination

Service, which shall undertake criminological
researches and studies; formulate a national crime
prevention plan; develop a crime prevention and
information program and provide editorial direction
for all criminology research and crime prevention
publications;

(4) The Administrative Service, which shall

provide the Commission with assistance on
budgetary and cnancial matters; provide the
necessary services relating to records,
correspondence, supplies, property and equipment,
security and general services, and the maintenance
and utilization of facilities; and provide services
relating to manpower, career planning and
development, personnel transactions and employee
welfare;

(5) The Inspection and Monitoring Service,

which shall conduct continuous inspection and
management audit of personnel, facilities and
operations at all levels of command of the PNP and
shall monitor the implementation of the Commission’s
programs and projects relative to law enforcement;
and

(6) The Installations and Logistics Service,

which shall review the Commission’s plans and
programs and formulate policies and procedures
regarding acquisition, inventory, control, distribution,
maintenance and disposal of supplies and shall
oversee the implementation of programs on
transportation facilities and installations and the
procurement and maintenance of supplies and
equipment.

(c) Disciplinary Appellate Boards. — The

Commission shall establish a formal administrative
disciplinary appellate machinery consisting of the
National Appellate Board and the regional appellate
boards.

The National Appellate Board shall decide cases on

appeal from decisions rendered by the PNP chief,
while the regional appellate boards shall decide cases
on appeal from decisions rendered by oOcers other
than the PNP chief, the mayor, and the People Law
Enforcement Board (PLEB) created hereunder.

SECTION 21. Regional OOces. — The

Commission shall establish, operate and maintain
regional oOces headed by regional directors who
shall implement the policies and programs of the
Commission in their respective regions. For
administrative purposes, the regional oOces of the
Commission shall be attached to the general oOces
of the Department.

Subject to the standards that shall be prescribed by

the Commission, the regional oOces shall likewise
perform the functions of adjudication of benect
claims.

SECTION 22. Qualiccations of Regional Directors.

— No person shall be appointed regional director
unless:

(a) He is at least thirty (30) years of age;

(b) A holder of a baccalaureate degree and

appropriate civil service eligibility; and

(c) Has at least cve (5) years experience in the

celd of law enforcement, criminology or police
administration.

CHAPTER III

A. The Philippine National Police Organization

SECTION 23. Composition. — Subject to the

limitations provided for in this Act, the Philippine
National Police, hereinafter referred to as the PNP, is
hereby established, initially consisting of the
members of the police forces who were integrated
into the Integrated National Police (INP) pursuant to
Presidential Decree No. 765, and the oOcers and
enlisted personnel of the Philippine Constabulary
(PC). For purposes of this Act, the oOcers 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 oOcer 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 qualiced 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 cnal judgment by a body of competent
jurisdiction.

The permanent civilian employees of the present PC,

INP, Narcotics Command, CIS, and the technical
services of the AFP assigned with the PC, including
NAPOLCOM hearing oOcers holding regular items as
such, shall be absorbed by the Department as
employees thereof, subject to existing laws and
regulations.

SECTION 24. Powers and Functions. — The PNP

shall have the following powers and functions:

(a) Enforce all laws and ordinances relative to

the protection of lives and properties;

(b) Maintain peace and order and take all

necessary steps to ensure public safety;

(c) Investigate and prevent crimes, effect the

arrest of criminal offenders, bring offenders to justice
and assist in their prosecution;

(d) Exercise the general powers to make arrest,

search and seizure in accordance with the
Constitution and pertinent laws;

(e) Detain an arrested person for a period not

beyond what is prescribed by law, informing the
person so detained of all his rights under the
Constitution;

(f) Issue licenses for the possession of

crearms and explosives in accordance with law;

(g) Supervise and control the training and

operations of security agencies and issue licenses to
operate security agencies, and to security guards and
private detectives, for the practice of their
professions; and

(h) Perform such other duties and exercise all

other functions as may be provided by law.

In addition, the PNP shall absorb the oOce 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 eOciently and effectively, the
PNP shall be provided with adequate land, sea, and air
capabilities and all necessary material means of
resources.

SECTION 25. Organization. — The PNP shall be

headed by a Chief who shall be assisted by two (2)
deputy chief, one (1) for operations and one (1) for
administration, both of whom shall be appointed by
the President upon recommendation of the
Commission from among the most senior and
qualiced oOcers in the service: Provided, however,
That in no case shall any oOcer 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 oOce, regional
oOces, provincial oOces, district oOces, city or
municipal stations.

At the national level, the PNP shall maintain its oOce

in Metropolitan Manila which shall house the
directorial staff, service staff and special support
units.

At the regional level, the PNP shall have regional

oOces, 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 oOces shall be
headed by a regional director for peace and order.

At the provincial level, there shall be a PNP oOce,

each headed by a provincial director. In the case of
large provinces, police districts may be established by
the Commission to be headed by a district director.

At the city or municipal level, there shall be a PNP

station, each headed by a chief of police. aisa dc

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 staOng pattern of the
PNP to the Commission.

SECTION 26. Powers, Functions and term of

OOce 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
oOcials with the respect to the units under their
respective commands, in accordance with the rules
and regulations 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 oOcers down to the rank of chief
superintendent, subject to concrmation by the
Commission on Appointments: Provided, That the
Chief of the PNP shall serve a term of oOce 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
oOce.

SECTION 27. Manning Levels. — On the average

nationwide, the manning levels of the PNP shall be
approximately in accordance with a police-to-
population ratio of one (1) policeman for every cve
hundred (500) persons. The actual strength by cities
and municipalities shall depend on the state of peace
and order, population density and actual demands of
the service in the particular area: Provided, That the
minimum police-to-population ratio shall not be less
than one (1) policeman for every one thousand
(1,000) persons: Provided, further, That urban areas
shall have a higher minimum police-to-population
ratio as may be prescribed by regulations.

SECTION 28. Rank Classiccation. — For purposes

of eOcient administration, supervision and control,
the rank classiccation of the members of the PNP
shall be as follows:

Director General

Deputy Director General

Director

Chief Superintendent

Senior Superintendent

Superintendent

Chief Inspector

Senior Inspector

Inspector

Senior Police OOcer IV

Senior Police OOcer III

Senior Police OOcer II

Senior Police OOcer I

Police OOcer III

Police OOcer II

Police OOcer I

SECTION 29. Key Positions. — The head of the

PNP with the rank director general shall have the
position title of Chief of the PNP. The second in
command of the PNP with the rank of deputy director
general shall be the Deputy Chief of the PNP for
Administration. The third in command with the rank
also of deputy director general shall be the Deputy
Chief of the PNP for Operations.

At the national oOce, the head of the directorial staff

with the rank of deputy director general shall be
known as Chief of the Directorial Staff of the PNP.

The heads of the various staff divisions in the

directorial staff shall have the rank of director with the
position title of Director of the Directorial Staff of their
respective functional divisions. The head of the
Inspectorate Division with the rank of chief
superintendent shall assume the position title of
Inspector General. The heads of the administrative
and operational support divisions shall have the rank
of chief superintendent.

The head of the NCR with the rank of director shall

assume the position title of NCR Director.

The heads of the regional oOces with the rank of

chief superintendent shall assume the position title of
Regional Director.

The heads of the NCR district oOces with the rank of

chief superintendent shall have the position title of
District Director.

The heads of provincial oOces with the rank of senior

superintendent shall be known as Provincial Director.

The heads of the district oOces with the rank of

superintendent shall have the position title of District
Director.

The heads of the municipality or city oOces with the

rank of chief inspector shall be known as Chief of
Police.

SECTION 30. General Qualiccations for

Appointment. — No person shall be appointed as
oOcer or member of the PNP unless he possesses
the following minimum qualiccations:

(a) A citizen of the Philippines;

(b) A person of good moral conduct;

(c) Of sound mind and body;

(d) Must possess a formal baccalaureate

degree for appointment as oOcer and must have
cnished at least second year college or the equivalent
of seventy-two (72) collegiate units for appointment
as non-oOcer or an equivalent training or experience
for those already in the service upon the effectivity of
this Act.

(e) Must be eligible in accordance with the

standards set by the Commission;

(f) Must not have been dishonorably

discharged from military employment or dismissed
for cause from any civilian position in the
Government;

(g) Must not have been convicted be cnal

judgment of an offense or crime involving moral
turpitude;

(h) Must be at least one meter and sixty-two

centimeters (1.62 m.) in height for male and one
meter and cfty-seven centimeters (1.57 m.) for
female;

(i) Must weight not more or less than cve

kilograms (5 kg.) of the standard weight
corresponding to his or her height, age, and sex; and

(j) For a new applicant, must not be less than

twenty-one (21) nor more than thirty (30) years of age.

SECTION 31. Appointment of PNP OOcers and

Members. — The appointment of the oOcers and
members of the PNP shall be effected in the following
manner:

(a) Police OOcer I to Senior Police OOcer IV . —

Appointed by the PNP regional director for regional
personnel or by the Chief of the PNP for the national
headquarters personnel and attested by the Civil
Service Commission.

(b) Inspector to Superintendent. — Appointed by

the Chief of the PNP, as recommended by their
immediate superiors, attested by the Civil Service
Commission;

(c) Senior Superintendent to Deputy Director

General. — Appointed by the President upon
recommendation of the chief of the PNP, with proper
endorsement by the Chairman of the Civil Service
Commission and subject to concrmation by the
Commission on Appointments; and

(d) Director General. — Appointed by the

President from among the senior oOcers down to the
rank of chief superintendent in the service, subject to
concrmation 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.

SECTION 32. Examinations for Policemen. — The

Civil Service Commission shall administer the
qualifying entrance examinations for policemen on
the basis of the standards set by the NAPOLCOM.

SECTION 33. Lateral Entry of OOcers into the

PNP. — In general, all original appointments of
commissioned oOcers in the PNP shall commence
with the rank of inspector, to include all those with
highly technical qualiccations 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 cll up any
vacancy after promotions from the ranks are
completed.

SECTION 34. Qualiccations 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 oOcer 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 cve (5) years experience in active law practice
and who possesses the general qualiccations under
Section 30 of this Act shall be qualiced for
appointment as chief of a city or municipal police
station: Provided, further, That the chief of police shall
be appointed in accordance with the provisions of
Section 51, paragraph b), subparagraph (4) (i) of this
Act.

SECTION 35. Support Units. — The PNP shall be

supported by administrative and operational support
units. The administrative support units shall consist
of the Crime Laboratory, Logistic Unit,
Communications Unit, Computer Center, Finance
Center and Civil Security Unit. The operational support
units shall be composed of the Maritime Police Unit,
Police Intelligence Unit, Police Security Unit, Criminal
Investigation Unit, Special Action Force, Narcotics
units, Aviation Security Unit, TraOc Management Unit,
the Medical and Dental Centers and the Civil Relations
Unit. To enhance police operational eOciency and
effectiveness, the Chief of the PNP may constitute
such other support units as may be necessary subject
to the approval of the Commission: Provided, That no
support unit headed by a chief superintendent or a
higher rank can be created unless provided by law.

(a) Administrative Support Units. — (1) Crime

Laboratory. There shall be established a central Crime
Laboratory to be headed by a Director with the rank of
chief superintendent, which shall provides scienticc
and technical investigative aid and support to the PNP
and other government investigative agencies.

It shall also provide crime laboratory examination,

evaluation and identiccation of physical evidences
involved in crimes with primary emphasis on their
medical, chemical, biological and physical nature.

There shall be likewise be established regional and

city crime laboratories as may be necessary in all
regions and cities of the country.

(2) Logistic Unit. — Headed by a Director with

the rank of chief superintendent, the Logistics Unit
shall be responsible for the procurement, distributions
and management of all the logistical requirements of
the PNP including crearms and ammunition.

(3) Communications Unit. — Headed by a

Director with the rank of chief superintendent, the
Communications Unit shall be responsible for
establishing an effective police communications
network.

(4) Computer Center. — Headed by a Director

with the rank of chief superintendent, the Computer
Center shall be responsible for the design,
implementation and maintenance of a database
system for the PNP.

(5) Finance Center. — Headed by a Director with

the rank of chief superintendent, the Finance Center
shall be responsible for providing cnance services to
the PNP.

(6) Civil Security Unit. — Headed by a Director

with the rank of chief superintendent, the Civil
Security Unit shall provide administrative services and
general supervision over organization, business
operation and activities of all organized private
detectives, watchmen, security guard agencies and
company guard forces.

The unit shall likewise supervise the licensing and

registration of crearms and explosives.

The approval applications for licenses to operate

private security agencies, as well as the issuance of
licenses to security guards and the licensing of
crearms and explosives, shall be decentralized to the
PNP regional oOces.

(b) Operational Support Units. — (1) Maritime

Police Unit. Headed by a Director with the rank of
chief superintendent, the Maritime Police Unit shall
perform all police functions over Philippine territorial
waters and rivers.

(2) Police Intelligence Unit. — Headed by a

Director with the rank of chief superintendent, the
Police Intelligence Unit shall serve as the intelligence
and counterintelligence operating unit of the PNP.

(3) Police Security Unit. — Headed by a Director

with the rank of chief superintendent, Police Security
Unit shall provide security for government oOcials,
visiting dignitaries and private individuals authorized
to be given protection.

(4) Criminal Investigation Unit. — Headed by a

Director with the rank of chief superintendent, the
Criminal Investigation Unit shall undertake the
monitoring, investigation and prosecution of all
crimes involving economic sabotage, and other
crimes of such magnitude and extent as to indicate
their commission by highly placed or professional
criminal syndicates and organizations.

This unit shall likewise investigate all major cases

involving violations of the Revised Penal Code and
operate against organized crime groups, unless the
President assigns the case exclusively to the National
Bureau of Investigation (NBI).

(5) Special Action Force. — Headed by a

Director with the rank of chief superintendent, the
Special Action Force shall function as a mobile strike
force or reaction unit to augment regional, provincial,
municipal and city police forces for civil disturbance
control, counterinsurgency, hostage-taking rescue
operations, and other special operations.

(6) Narcotics Unit. — Headed by a Director with

the rank of chief superintendent, the Narcotics Unit
shall enforce all laws relative to the protection of the
citizenry against dangerous and other prohibited
drugs and substances.

(7) Aviation Security Unit. — Headed by a

Director with the rank of chief superintendent, the
Aviation Security Unit, in coordination with airport
authorities, shall secure all the country’s airports
against offensive and terroristic acts that threaten
civil aviation, exercise operational control and
supervision over all agencies involved in airport
security operation, and enforce all laws and
regulations relative to air travel protection and safety.

(8) TraOc Management Unit. — Headed by a

Director with the rank of chief superintendent, the
TraOc Management Unit shall enforce traOc laws
and regulations.

(9) Medical and Dental Centers. — Headed by a

Director with the rank of chief superintendent, the
Medical and Dental Centers shall be responsible for
providing medical and dental services for the PNP.

(10) Civil Relations Units. — Headed with a

Director with the rank of chief superintendent, the Civil
Relations Unit shall implement plans and programs
that will promote community and citizens’
participation in the maintenance of peace and order
and public safety.

SECTION 36. Status of Members of the Philippine

National Police. — The members of the PNP shall be
considered employees of the National Government
and shall draw their salaries therefrom: Provided, That
PNP members assigned in Metropolitan Manila,
chartered cities and crst class municipalities may be
paid in additional monthly allowance by the local
government unit concerned.

B. Professionalism, Welfare and Benects

SECTION 37. Performance Evaluation System. —

There shall be established a performance evaluation
system which shall be administered in accordance
with the rules, regulations and standards, and a code
of conduct promulgated by the Commission for
members of the PNP. Such performance evaluation
system be administered in such a way as to foster the
improvement of individual eOciency 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 oOcer or member concerned.

SECTION 38. Promotions. — (a) A member of the

PNP shall not be eligible for promotion to a higher
position or rank unless he has successfully passed
the corresponding promotional examination given by
the Commission, or the Bar or corresponding board
examinations for technical services and other
professions, and has satisfactorily completed an
appropriate and accredited course in the PNPA or
equivalent training institutions. In addition, no
member of the PNP shall eligible for promotion unless
he has been cleared by the People’s Law Enforcement
Board (PLEB) of complaints proffered against him, if
any.

(b) Special promotion may be extended to any

member of the PNP for acts of conspicuous courage
and gallantry at the risk of his life above and beyond
the call of duty, or selected as such in a nationwide
search conducted by the PNP or any accredited civic
organization.

SECTION 39. Compulsory Retirement. —

Compulsory retirement, for oOcer and non-oOcer,
shall be upon the attainment of age cfty-six (56):
Provided, That, in case of any oOcer with the rank of
chief superintendent, director or deputy director
general, the Commission may allow his retention in
the service for an unextendible period of one (1) year.

SECTION 40. Optional Retirement. — Upon

accumulation of at least twenty (20) years of
satisfactory active service, an oOcer or non-oOcer, at
his own request and with the approval of the
Commission, shall be retired from the service and
entitled to receive benects provided for by law.

C. Administrative Disciplinary Machinery

SECTION 41. (a) Citizen’s Complaints. — Any

complaint by an individual person against any
member of the PNP shall be brought before the
following:

(1) Chiefs of police, where the offense is

punishable by withholding of privileges, restriction to
speciced limits, suspension or forfeiture of salary, or
any combination thereof for a period not exceeding
cfteen (15) days;

(2) Mayors of cities or municipalities, where the

offense is punishable by withholding of privileges,
restriction to speciced limits, suspension or forfeiture
of salary, or any combination thereof, for a period of
not less than sixteen (16) days but not exceeding
thirty (30) days;

(3) People’s Law Enforcement Board, as created

under Section 43 hereof, where the offense is
punishable by withholding of privileges, restriction to
speciced limits, suspension of forfeiture of salary, or
any combination thereof, for a period exceeding thirty
(30) days; or by dismissal.

The Commission shall provide in its implementing

rules and regulations a scale of penalties to be
imposed upon any member of the PNP under this
section.

(b) Internal Discipline. — In dealing with minor

offenses involving internal discipline found to have
been committed by any regular member of their
respective commands, the duly designated
supervisors and equivalent oOcers of the PNP shall,
after due notice and summary hearing, exercise
disciplinary powers as follows:

(1) Chiefs of police or equivalent supervisors

may summarily impose the administrative
punishment of admonition or reprimand; restriction to
speciced 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 cfteen (15) days;

(2) Provincial directors or equivalent

supervisors may summarily impose the administrative
punishment of admonition or reprimand; restriction to
speciced limits; withholding of privileges; forfeiture of
salary or suspension; or any combination of the
foregoing: Provided, That, in all cases, the total period
shall not exceed thirty (30) days;

(3) Police regional directors or equivalent

supervisors shall have the power to impose upon any
member the disciplinary punishment of dismissal
from the service. He may also impose the
administrative punishment of admonition or
reprimand; restriction to speciced limits; withholding
of privileges; suspension or forfeiture of salary;
demotion; or any combination of the foregoing:
Provided, That, in all cases, the total period shall not
exceed sixty (60) days;

(4) The Chief of the PNP shall have the power to

impose the disciplinary punishment of dismissal from
the service; suspension or forfeiture of salary; or any
combination thereof for a period not exceeding one
hundred eighty (180) days.

(c) Exclusive Jurisdiction. — A complaint or a

charge cled against a PNP member shall be heard
and decided exclusively by the disciplining authority
who has acquired original jurisdiction over the case
and notwithstanding the existence of concurrent
jurisdiction as regards the offense: Provided, That
offenses which carry higher penalties referred to a
disciplining authority shall be referred to the
appropriate authority which has jurisdiction over the
offense.

For purposes of this Act, a “minor offense” shall refer

to an act or omission not involving moral turpitude,
but affecting the internal discipline of the PNP, and
shall include, but not limited to:

(1) Simple misconduct or negligence;

(2) Insubordination;

(3) Frequent absences or tardiness;

(4) Habitual drunkenness; and

(5) Gambling prohibited by law.

SECTION 42. Summary Dismissal Powers of the

PNP Chief and Regional Directors. — The Chief of the
PNP and regional directors, after due notice and
summary hearings, may immediately remove or
dismiss any respondent PNP member in any of the
following cases:

(a) When the charge is serious and the evidence

of guilt is strong;

(b) When the respondent is a recidivist or has

been repeatedly charged and there are reasonable
grounds to believe that he is guilty of the charges; and

(c) When the respondent is guilty of conduct

unbecoming of a police oOcer.

SECTION 43. People’s Law Enforcement Board

(PLEB). — (a) Creation and Functions. — Within thirty
(30) days from the issuance of the implementing rules
and regulations by the Commission, there shall be
created by the sangguniang panlungsod/bayan in
every city and municipality such number of People’s
Law Enforcement Boards (PLEBs) as may be
necessary: Provided, That there shall be at least one
(1) PLEB for every municipality and for each of the
legislative districts in a city. The PLEB shall have
jurisdiction to hear and decide citizen’s complaints or
cases cled before it against erring oOcers and
members of the PNP. There shall be at least one (1)
PLEB for every cve hundred (500) city or municipal
police personnel.

(b) Composition and Term of OOce. — The

PLEB shall be composed of the following:

(1) Any member of the sangguniang

panlungsod/bayan chosen by his respective
sanggunian;

(2) Any barangay captain of the city or

municipality concerned chosen by the association of
barangay captains; and

(3) Three (3) other members who shall be

chosen by the peace and order council from among
the respected members of the community known for
their probity and integrity, one (1) of whom must be a
member of the Bar or, in the absence thereof, a
college graduate, or the principal of the central
elementary school in the locality.

The Chairman of the PLEB shall be elected from

among its members. The term of oOce of the
members of the PLEB shall be for a period of two (2)
years from assumption of oOce. Such member shall
hold oOce until his successor shall have been chosen
and qualiced.

(c) Compensation — Membership in the PLEB

is a civic duty. However, PLEB members may be paid
per diem as may be determined by the city or
municipal council from city or municipal funds.

(d) Procedure — (1) The PLEB, by a majority

vote of all its members and its Chairman shall
determine whether or not the respondent oOcer or
member of the PNP is guilty of the charge upon which
the complaint is based.

(2) Each case shall be decided within sixty (60)

days from the time the case has been cled with the
PLEB.

(3) The procedures in the PLEB shall be

summary in nature, conducted in accordance with due
process, but without strict regard to technical rules of
evidence.

(4) The Commission shall issue the necessary

implementing guidelines and procedures to be
adopted by the PLEB, including graduated penalties
which may be imposed by the PLEB.

(5) The Commission may assign the present

NAPOLCOM hearing oOcers 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
oOcers and members of the PNP, especially those
involving diOcult questions of law: Provided, That
these lawyers may also be assigned to investigate
claims for death and disability benects of PNP
members or their heirs.

(e) Decisions — The decision of the PLEB shall

become cnal and executory: Provided, That a decision
involving demotion or dismissal from the service may
be appealed by either party with the regional appellate
board within ten (10) days from receipt of the copy of
the decision.

SECTION 44. Disciplinary Appellate Boards. —

The formal administrative disciplinary machinery for
the PNP shall be the National Appellate Board and the
regional appellate boards.

The National Appellate Board shall consist of four (4)

divisions, each division composed of a Commissioner
as Chairman and two (2) other members. The Board
shall consider appeals from decisions of the Chief of
the PNP.

The National Appellate Board may conduct its

hearings or sessions in Metropolitan Manila or any
part of the country as it may deem necessary.

There shall be at least one (1) regional appellate

board per administrative region in the country to be
composed of a senior oOcer 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 oOcials,
mayors, and the PLEBs: Provided, That the
Commission may create additional regional appellate
boards as the need arises.

SECTION 45. Finality of Disciplinary Action. — The

disciplinary action imposed upon a member of the
PNP shall be cnal 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, cnally, That
failure of the regional appellate board to act on the
appeal within said period shall render the decision
cnal and executory without prejudice, however, to the
cling of an appeal by either party with the Secretary.

SECTION 46. Jurisdiction in Criminal Cases. —

Any provision of law to the contrary notwithstanding,
criminal cases involving PNP members shall within
the exclusive jurisdiction of the regular courts:
Provided, That the courts-martial appointed pursuant
to Presidential Decree No. 1850 shall continue to try
PC-INP members who have already been arraigned, to
include appropriate actions thereon by the reviewing
authorities pursuant to Commonwealth Act No. 408,
otherwise known as the Articles of War, as amended,
and Executive Order No. 178, otherwise known as the
Manual for Courts-Martial: Provided, further, That
criminal cases against PC-INP members who may
have not yet been arraigned upon the effectivity of
this Act shall be transferred to the proper city or
provincial prosecutor or municipal trial court judge.

SECTION 47. Preventive Suspension Pending

Criminal Case. — Upon the cling of a complaint or
information suOcient 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 oOce until the case is terminated. Such
case shall be subject to continuous trial and shall be
terminated within ninety (90) days from arraignment
of the accused.

SECTION 48. Entitlement to Reinstatement and

Salary. — A member of the PNP who may have been
suspended from oOce in accordance with the
provisions of this Act or who shall have been
terminated or separated from oOce shall, upon
acquittal from the charges against him, be entitled to
reinstatement and to prompt payment of salary,
allowances and other benects withheld from him by
reason of such suspension or termination.

SECTION 49. Legal Assistance. — The Secretary

of the Department of Justice, the Chairman of the
Commission or the Chief of the PNP may authorize
lawyers of their respective agencies to provide legal
assistance to any member of the PNP who is facing
before the prosecutor’s oOce, the court or any
competent body, a charge or charges arising from any
incident which is related to the performance of his
oOcial duty: Provided, That government lawyers so
authorized shall have the power to administer oaths.
The Secretary of Justice, the Chairman of the
Commission, and the Chief of the PNP shall jointly
promulgate rules and regulations to implement the
provisions of this section.

SECTION 50. Power to Administer Oaths. —

OOcials of the Commission who are appointed by the
President, as well as oOcers 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 oOcial
duties.

D. Participation of Local Executives in the

Administration of the PNP

SECTION 51. Powers of Local Government

OOcials Over the PNP Units or Forces. — Governors
and mayors shall be deputized as representatives of
the Commission in their respective territorial
jurisdiction. As such, the local executives shall
discharge the following functions:

(a) Provincial Governor — (1) Power to Choose

the Provincial Director. — The provincial governor shall
choose the provincial director from a list of three (3)
eligible recommended by the PNP regional director.

(2) Overseeing the Provincial Public Safety Plan

Implementation. — The governor, as chairman of the
provincial peace and order council, shall oversee the
implementation of the provincial public safety plan,
which is prepared taking into consideration the
integrated community safety plans, as provided under
paragraph (b) (2) of this section.

(b) City and Municipal Mayors — (1) Operational

Supervision and Control. The city and municipal
mayors shall exercise operational supervision and
control over PNP units in their respective jurisdiction
except during the thirty (30) day period immediately
preceding and the thirty (30) days following any
national, local and barangay elections. During the said
period, the local police forces shall be under the
supervision and control of the Commission on
Elections.

The term “operational supervision and control” shall

mean the power to direct, superintend, oversee and
inspect the police units and forces.

It shall include the power to employ and deploy units

or elements of the PNP, through the station
commander, to ensure public safety and effective
maintenance of peace and order within the locality.
For this purpose, the term “employ” and “deploy” shall
mean as follows:

“Employ” refers to utilization of units or elements of

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

“Deploy” shall mean the orderly organized physical

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

(2) Integrated Community Safety Plans. — The

municipal/city mayor shall, in coordination with the
local peace and order council of which he is the
chairman pursuant to Executive Order No. 309, as
amended, develop and establish an integrated
area/community public safety plan embracing
priorities of action and program thrusts for
implementation by the local PNP stations.

It shall, likewise, be the duty of the city or municipal

mayor to sponsor periodic seminars for members of
the PNP assigned or detailed in his city or
municipality in order to update them regarding local
ordinances and legislations.

(3) Administrative Disciplinary Powers. — In the

areas of discipline, city and municipal mayors shall
have the powers to impose, after due notice and
summary hearings, disciplinary penalties for minor
offenses committed by members of the PNP
assigned to their respective jurisdictions, as provided
in Section 41 of this Act.

(4) Other Powers. — In addition to the

aforementioned powers, city and municipal mayors
shall have the following authority over the PNP units
in their respective jurisdictions:

(i) Authority to choose the chief of police from

a list of cve (5) eligibles recommended by the
provincial police director, preferably from the same
province, city or municipality.

(ii) Authority to recommend the transfer,

reassignment or detail of PNP members outside of
their respective city or town residences; and

(iii) Authority to recommend, from a list of

eligibles previously screened by the peace and order
council, the appointment of new members of the PNP
to be assigned to their respective cities or
municipalities without which no such appointment
shall be attested.

SECTION 52. Suspension of Operational

Supervision and Control. — The President may, upon
consultation with the provincial governor and
congressman concerned, suspend the power of
operational supervision and control of any local
executive over police units assigned or stationed in
his jurisdiction for any of the following grounds:

(a) Frequent unauthorized absences;

(b) Abuse of authority;

(c) Providing material support to criminal

elements; or

(d) Engaging in acts inimical to national security

or which negate the effectiveness of the peace and
order campaign.

Upon good cause shown, the President may, motu

proprio or upon the recommendation of the National
Police Commission, restore such power withdrawn
from any local executive.

CHAPTER IV

Bureau of Fire Protection

SECTION 53. Composition. — The Bureau of Fire

Protection, hereinafter referred to as the Fire Bureau,
is hereby created initially consisting of the existing
oOcers and uniformed members of the cre service of
the Integrated National Police as constituted under
Presidential Decree No. 765.

SECTION 54. Powers and Functions. — The Fire

Bureau shall be responsible for the prevention and
suppression of all destructive cres 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 cres and, if necessary, cle the proper
complaints with the city or provincial prosecutor who
has jurisdiction over the case.

SECTION 55. Organization. — The Fire Bureau

shall be headed by a chief who shall be assisted by a
deputy chief. It shall be composed of provincial
oOces, district oOces and city or municipal stations.

At the provincial level, there shall be an oOce of the

provincial cre marshall which shall implement the
policies, plans and programs of the Department; and
monitor, evaluate and coordinate the operations and
activities of the cre service operating units at the city
and municipal levels. In the case of large provinces,
district oOces may be established, to be headed by a
district cre marshall.

At the city or municipal level, there shall be a cre

station, each headed by a city or municipal cre
marshall: Provided, That, in the case of large cities
and municipalities, a district oOce with subordinate
cre stations headed by a district cre marshall may be
organized as necessary.

The Fire Chief shall recommended to the Secretary

the organizational structure and staOng pattern, as
well as the disciplinary machinery for oOcers and
men of the Bureau, in accordance with the guidelines
set forth herein and as provided in Section 85 of this
Act.

The local government units at the city and municipal

levels shall be responsible for the cre protection and
various emergency services such as rescue and
evacuation of injured people at cre-related incidents
and, in general, all cre prevention and suppression
measures to secure the safety of life and property of
the citizenry.

SECTION 56. Establishment of Fire Station. —

There shall be established at least one (1) cre station
with adequate personnel, crecghting 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.

SECTION 57. Qualiccation Standards. — The

qualiccation standards of the members of the Fire
Bureau shall be as prescribed by the Department
based on the requirement of the service.

SECTION 58. Rank Classiccation. — For purposes

of eOcient administration, supervision and control,
the rank classiccation of the members of the Fire
Bureau shall be as follows:

Director

Chief Superintendent

Senior Superintendent

Superintendent

Chief Inspector

Senior Inspector

Inspector

Senior Fire OOcer IV

Senior Fire OOcer III

Senior Fire OOcer II

Senior Fire OOcer I

Fire OOcer III

Fire OOcer II

Fire OOcer I

SECTION 59. Key Positions. — The head of the

Fire Bureau with the rank of director shall have the
position title of Chief of the Fire Bureau. He shall be
assisted by a deputy chief with the rank of chief
superintendent.

The assistant heads of the Department’s regional

oOces 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 oOces with
the rank of senior superintendent shall have the
position title of District Fire Marshall; the heads of the
provincial oOces with the rank of superintendent shall
be known as Provincial Fire Marshall; the heads of the
district oOces with the rank of chief inspector shall
have the position title of District Fire Marshall; and the
heads of the municipal or city stations with the rank
of senior inspector shall be known as Chief of
Municipal/City Fire Station.

CHAPTER V

Bureau of Jail Management and Penology

SECTION 60. Composition. — The Bureau of Jail

Management and Penology, hereinafter referred to as
the Jail Bureau, is hereby created initially consisting of
oOcers and uniformed members of the Jail
Management and Penology Service as constituted
under Presidential Decree No. 765.

SECTION 61. Powers and Functions. — The Jail

Bureau shall exercise supervision and control over all
city and municipal jails. The provincial jails shall be
supervised and controlled by the provincial
government within its jurisdiction, whose expenses
shall be subsidized by the National Government for
not more than three (3) years after the effectivity of
this Act.
SECTION 62. Organization. — The Jail Bureau
shall be headed by a Chief who shall be assisted by a
deputy chief.

The Jail Bureau shall composed of city and municipal

jails, each headed by a city or municipal jail warden:
Provided, That, in the case of large cities and
municipalities, a district jail with subordinate jails
headed by a district jail warden may be established as
necessary.

The Chief of the Jail Bureau shall recommended to

the Secretary the organizational structure and staOng
pattern of the Bureau as well as the disciplinary
machinery for oOcers and men of the Bureau in
accordance with the guidelines set forth herein and as
prescribed in Section 85 of this Act.

SECTION 63. Establishment of District, City or

Municipal Jail. — There shall be established and
maintained in every district, city and municipality a
secured, clean adequately equipped and sanitary jail
for the custody and safekeeping of city and municipal
prisoners, any fugitive from justice, or person
detained awaiting investigation or trial and/or transfer
to the national penitentiary, and/or violent mentally ill
person who endangers himself or the safety of others,
duly certiced as such by the proper medical or health
oOcer, 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.

SECTION 64. Rank Classiccation. — For purpose

of eOcient administration, supervision and control,
the rank classiccation of the members of the Jail
Bureau shall be as follows:

Director

Chief Superintendent

Senior Superintendent

Superintendent

Chief Inspector

Senior Inspector

Inspector

Senior Jail OOcer IV

Senior Jail OOcer III

Senior Jail OOcer II

Senior Jail OOcer I

Jail OOcer III

Jail OOcer II

Jail OOcer I

SECTION 65. Key Positions. — The head of the

Jail Bureau with the rank of director shall have the
position title of Chief of Jail Bureau. He shall be
assisted by a deputy chief with the rank of chief
superintendent.

The assistant heads of the Department’s regional

oOces 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 oOces with the rank of chief inspector shall
have the position title of District Jail Warden; and the
heads of the city or municipal stations with the rank
of senior inspector shall be known as City/Municipal
Jail Warden.

CHAPTER VI

The Philippine Public Safety College

SECTION 66. Creation of the Philippine Public

Safety College. — There is hereby created the
Philippine Public Safety College (PPSC), which shall
be the premier educational institution for the training,
human resource development and continuing
education of all personnel of the PNP, Fire and Jail
Bureaus.

Said College shall be under the direct supervision of a

Board of Trustees composed of the Secretary and the
three (3) bureau heads.

SECTION 67. Composition, Powers and

Functions. — The College shall consist of the present
Philippine National Police Academy (PNPA)
established pursuant to Section 13 of Presidential
Decree No. 1184, the Fire Service Training Center, the
Philippine National Training Center (PNTC), the
National Police College, and other special training
centers as may be created by the Department, whose
functions shall be as follows:

(a) Formulate and implement training programs

for the personnel of the Department;

(b) Establish and maintain adequate physical

training facilities;

(c) Develop and implement research and

development to support educational training
programs; aisa dc

(d) Conduct an assessment of the training

needs of all its clientele; and

(e) Perform such other related functions as may

be prescribed by the Secretary.

SECTION 68. Organization. — The structure and

staOng pattern of the College shall be prescribed by
the Secretary.

CHAPTER VII

Common Provisions for Uniformed Personnel

SECTION 69. Incentives and Awards. — There

shall be established an incentives and awards system
which shall be administered by a board under such
rules, regulations and standards as may be
promulgated by the Department: Provided, That
equivalent awards shall be given by the Department
for every award duly given by respectable civic
organizations in a nationwide selection for
outstanding achievement and/or performance of any
member.

SECTION 70. Health and Welfare. — It shall be the

concern of the Department to provide leadership and
assistance in developing health and welfare programs
for its personnel.

The heads of all bureaus and other oOces created

under this Act shall take all proper steps towards the
creation of an atmosphere conducive to a good
supervisor-subordinate relationship and the
improvement of personnel morale.

SECTION 71. Longevity Pay and Allowances. —

Uniformed personnel of the Department shall be
entitled to a longevity pay of ten percent (10%) of their
basic monthly salaries for every cve (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, cre 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 cfty 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.

SECTION 72. Active Service. — For purposes of

this Act, active service of the uniformed personnel
shall refer to services rendered as an oOcer and non-
oOcer, 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 oOcial 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
oOcer or non-oOcer 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 oOcer,
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, cnally, That, for cadet
services, the maximum number of service to be
credited shall not exceed the duration of the pre-
commissionship course speciced in the curriculum.

SECTION 73. Permanent Physical Disability. — An

oOcer or non-oOcer 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.

SECTION 74. Retirement in the Next Higher

Grade. — Uniformed personnel covered under this Act
shall, for purposes of retirement pay, be retired in one
(1) grade higher than the permanent grade last held:
Provided, That they have served for at least one (1)
year of active service in the permanent grade.

SECTION 75. Retirement Benects. — Monthly

retirement pay shall be cfty 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.

SECTION 76. Death and Disability Benects. — A

uniformed personnel and/or his heirs shall be entitled
to all benects relative to the death or permanent
incapacity of said personnel, as provided for under
this Act, and/or other existing laws.

SECTION 77. Exemption from Attachment and

Taxes. — All benects granted by this Act, including
benects received from the Government Service
Insurance System, shall not be subject to attachment,
levy, execution or any tax of whatever nature.

SECTION 78. Uniformed Personnel Missing in

Action. — Any uniformed personnel who while in the
performance of duty or by reason of his being an
oOcer or member of the PNP, Fire or Jail Force, is
oOcially concrmed 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
oOcer 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 benects: 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 oOcer 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.

SECTION 79. Payment of Salary and Allowances

to the Heirs of Uniformed Personnel. — In case any
uniformed personnel has been oOcially concrmed 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.

SECTION 80. Finding of Death and Termination of

Payment of Salary and Allowances. — Upon the
termination of the one (1) year period as speciced 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 benects paid
under the preceding sections of this Act, said benects
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.

SECTION 81. Complaints and Grievances. —

Uniformed personnel shall have the right to present
complaints and grievances to their superiors or
commanders and have them heard and adjudicated
as expeditiously as possible in the best interest of the
service, with due regard to due process in every case.
Such complaints or grievances shall be resolved at
the lowest possible level in the unit of command and
the respondent shall have the right to appeal from an
adverse decision to higher authorities.

SECTION 82. Prohibitions; Penalties. — As

professional police, cre and jail oOcers and members
responsible for the maintenance of peace and order
and public safety, the members and oOcers 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, cre or Jail Force member found guilty by

cnal judgment of violating the provisions of the
preceding paragraph shall be dismissed from the
service without prejudice to whatever criminal or civil
liability he may have incurred in relation to such
violations.

CHAPTER VIII

Transitory Provisions

SECTION 83. Secretary of the Department of

Local Government on Holdover Capacity. — The
incumbent Secretary of the Department of Local
Government shall perform the functions of the
Secretary of the Interior and Local Government on
holdover capacity until such time when a new
Secretary shall have been appointed by the President
and concrmed by the Commission on Appointments.

SECTION 84. Special Oversight Committee. — A

special Over-sight Committee is hereby created,
composed of the Secretary as Chairman, the
Secretary of Budget and Management as Co-
chairman, the Secretary of National defense, the
incumbent PC-INP Director General, the incumbent
Chairman of the Civil Service Commission, the
respective Chairmen of the Committee on Local
Government and the Committee on National Defense
and Security in the Senate, and the respective
Chairmen of the Committee on Public Order and
Security and the Committee on National Defense in
the House of Representatives, as members, which
shall plan and oversee the expeditious
implementation of the transfer, merger and/or
absorption into the Department of the personnel,
property, appropriations and installations of involved
agencies.

SECTION 85. Phases of Implementation. — The

implementation of this Act shall be undertaken in
three (3) phases, to wit:

Phase I — Exercise of option by the uniformed

members of the Philippine Constabulary, the PC
elements assigned with the Narcotics Command, CIS,
and the personnel of the technical services of the AFP
assigned with the PC to include the regular CIS
investigating agents and the operatives and agents of
the NAPOLCOM Inspection, Investigation and
Intelligence Branch, and the personnel of the
absorbed National Action Committee on Anti-
Hijacking (NACAH) of the Department of National
Defense to be completed within six (6) months from
the date of the effectivity of this Act. At the end of this
phase, all personnel from the INP, PC; AFP Technical
Services, NACAH and NAPOLCOM Inspection,
Investigation and Intelligence Branch shall have been
covered by oOcial 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 oOces created under
this Act, preparation and clling up of their stalling
pattern, transfer of assets to the Department and
organization of the Commission, to be completed
within twelve (12) months from the effectivity date
hereof. At the end of this phase, all personnel to be
absorbed by the Department shall have been issued
appointment papers, and the organized Commission
and the PNP shall be fully operational.

The PC oOcers 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 oOcer
or enlisted personnel may, within the twelve-month
period from the effectivity of this Act, retire and be
paid retirement benects corresponding to a position
two (2) ranks higher than his present grade, subject to
the conditions that at the time he applies for
retirement, he has rendered at least twenty (20) years
of service and still has, at most, twenty-four (24)
months of service remaining before the compulsory
retirement age as provided by existing law for his
oOce.

Phase III — Adjustment of ranks and establishment of

one (1) lineal roster of oOcers and another for non-
oOcers, and the rationalization of compensation and
retirement systems; taking into consideration the
existing compensation schemes and retirement and
separation benect 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
benects 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
oOcers composed of the following: NAPOLCOM
Commissioner as Chairman and one (1)
representative each for the PC, Budget and
Management.

Upon the effectivity of this Act, the Secretary shall

exercise administrative supervision as well as
operational control over the transferred, merged
and/or absorbed AFP and INP units. The incumbent
Director General of the PC-INP shall continue to act as
Director General of the PNP until such time as he shall
have been replaced by the President.

SECTION 86. Assumption by the PNP of Police

Functions. — The PNP shall absorb the functions of
the PC, the INP and the Narcotics Command upon the
effectivity of this Act.

All functions of the PAFSECOM and the police

functions of the Coast Guard shall be taken over by
the PNP when it acquires the capability to perform
such functions after the transition period of eighteen
(18) months. The personnel of the PAFSECOM or the
Coast Guard shall, within the transition period, have
the option to join the PNP or remain with the
PAFSECOM or the Coast Guard, as the case may be.

SECTION 87. Absorption by the Department of

the National Action Committee on Anti-Hijacking. —
The Department shall absorb the National Action
Committee on Anti-Hijacking under the Department of
National Defense, and the transfer of assets,
personnel and accountabilities of this oOce to the
Department shall proceed in accordance with the
provisions of this chapter.

SECTION 88. Transfer, Merger, and Absorption of

OOces and Personnel. — All properties, equipment,
cnances of the transferred and absorbed agencies,
including their respective accountabilities, are hereby
transferred to the Department.

The transfer, merger and/or absorption of any

government oOce/unit concerned shall include the
functions, appropriations, funds, records, equipment,
facilities, choses in action, rights, other assets, and
liabilities, if any, of the transferred OOce/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 benects. Those personnel of the
transferred, merged, and/or absorbed oOce/unit
whose positions are not included in the new position
structure and staOng pattern approved by the
Department or who are not reappointed shall be given
preference to join the Department or any of the oOces
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 benects.

The heads of the various bureaus and oOces created

under this Act shall, within six (6) months from the
effectivity of this Act, recommended the
organizational structure and staOng pattern of their
bureaus, and oOces for approval by the Secretary.

SECTION 89. Compulsory Retirement for INP

Members. — Any provision hereof to the contrary
notwithstanding and within the transition period of
four (4) years following the effectivity of this Act, the
following members of the INP shall be considered
compulsorily retired:

(a) Those who shall attain the age of sixty (60)

on the crst year of the effectivity of this Act.

(b) Those who shall attain the age of cfty-nine

(59) on the second year of the effectivity of this Act;
and

(c) Those who shall attain the age of cfty-eight

(58) on the third year of the effectivity of this Act.

(d) Those who shall attain the age of cfty-seven

(57) on the fourth year of the effectivity of this Act.

SECTION 90. Status of Present NAPOLCOM, PC-

INP. — Upon the effectivity of this Act, the present
National Police Commission, and the Philippine
Constabulary-Integrated National Police shall cease
to exist. The Philippine Constabulary, which is the
nucleus of the integrated Philippine Constabulary-
Integrated National Police, shall cease to be a major
service of the Armed Forces of the Philippines. The
Integrated National Police, which is the civilian
component of the Philippine Constabulary-Integrated
National Police, shall cease to be the national police
force and in lieu thereof, a new police force shall be
established and constituted pursuant to this Act.

CHAPTER IX

Final Provisions

SECTION 91. Application of Civil Service Laws. —

The Civil Service Law and its implementing rules and
regulations shall apply to all personnel of the
Department.

SECTION 92. Funding. — For purpose of

organizing and constituting the Department, and for
carrying out the provisions of this Act, the
appropriations of the abolished, transferred or
reconstituted oOces for the current cscal 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.
SECTION 93. Implementing Rules and
Regulations. — Within ninety (90) days from his
appointment, the Secretary shall promulgate rules and
regulations necessary to ensure the effective
implementation of this Act.

SECTION 94. Separability Clause. — If any portion

or provision of this Act is declared unconstitutional,
the same shall not effect the validity and effectivity of
the other provisions not affected thereby.

SECTION 95. Repealing Clause. — All laws,

decrees, executive orders, rules and regulations, and
other issuances or parts thereof which are
inconsistent with this Act hereby repealed, amended
or modiced accordingly.

The provisions of Executive Order No. 262 shall

remain valid insofar as they are not inconsistent with
the provisions of this Act.

SECTION 96. Effectivity. — This Act shall take

effect after cfteen (15) days following its publication
in two (2) national newspapers of general circulation.

Approved: December 13, 1990

Source: CD Asia Technologies, Incorporated

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