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Eighth Congress

REPUBLIC ACT No. 6975 December

13, 1990
AN ACT ESTABLISHING THE PHILIPPINE
NATIONAL POLICE UNDER A
REORGANIZED DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in
Congress assembled:
Section 1. Title of the Act. – This Act shall
be known as the "Department of the Interior
and Local Government Act of 1990."
Section 2. Declaration of Policy. – It is
hereby declared to be the policy of the State
to promote peace and order, ensure public
safety and further strengthen local
government capability aimed towards the
effective delivery of the basic services to the
citizenry through the establishment of a highly
efficient and competent police force that is
national in scope and civilian in character.
Towards this end, the State shall bolster a
system of coordination and cooperation
among the citizenry, local executives and the
integrated law enforcement and public safety
agencies created under this Act.
The police force shall be organized, trained
and equipped primarily for the performance of
police functions. Its national scope and
civilian character shall be paramount. No
element of the police force shall be military
nor 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
e x i s t i n g b u r e a u s a n d o ff i c e s o f t h e
Department of Local Government, the
National Police Commission, the Philippine
Public Safety College, and the following
bureaus: the Philippine National Police, the
Bureau of Fire Protection, and the Bureau of
Jail Management and Penology.
Section 7. Department Proper. – The
Department Proper shall consist of the
existing staff services as provided for under
Executive Order No. 262 and the following
offices:
(a) Office of the Secretary. – The office of the
Secretary shall consist of the Secretary and
his immediate staff; and
(b) Office of the Undersecretaries and
Assistant Secretaries. – The Secretary shall
be assisted by two (2) Undersecretaries, one
(1) for local government and the other for
peace and order, at least one (1) of whom
must belong to the career executive service,
and three (3) career Assistant Secretaries.
Section 8. Head of Department. – The head
of the Department. – The head of the
Department, hereinafter referred to as the
Secretary, shall also be the ex-officio
Chairman of the National Police Commission
and shall be appointed by the President
subject to confirmation of the Commission on
Appointments. No retired or resigned military
officer or police official may be appointed as
Secretary within one (1) year from the date of
his retirement or resignation.
Section 9. General Powers, Term of Office
and Compensation of the Secretary. – The
authority and responsibility for the exercise of
the Department's powers and functions shall
be vested in the Secretary, who shall hold
office at the pleasure of the President and
shall receive the compensation, allowances
and other emoluments to which heads of
departments are entitled.
Section 10. Specific Powers and Functions
of the Secretary. – In addition to his powers
and functions as provided in Executive Order
No. 262, the Secretary as Department head
shall have the following powers and functions:
(a) Prepare and submit periodic reports,
including a Quarterly Anti-Crime Operations
Report and such other reports as the
President and Congress may require;
(b) Act as Chairman and Presiding Officer of
the National Police Commission; and
(c) Delegate authority to exercise any
substantive or administrative function to the
members of the National Police Commission
or other officers of rank within the
Department.
Section 11. Regional Offices. – The
Department shall establish, operate and
maintain a regional office in each of the
administrative regions of the country to
implement the policies and programs of the
Department. Each regional office shall be
headed by a regional director to be assisted
by two (2) assistant regional directors: one (1)
for jail management and penology and
another for fire protection in addition to the
present assistant regional directors of the
Department of Local Government.
Section 12. Relationship of the
Department with the Department of
National Defense. – During a period of
twenty-four (24) months from the effectivity of
this Act, the Armed Forces of the Philippines
(AFP) shall continue its present role of
preserving the internal and external security
of the State: Provided, That said period may
be extended by the President, if he finds it
justifiable, for another period not exceeding
twenty-four (24) months, after which, the
Department shall automatically take over from
the AFP the primary role of preserving
internal security, leaving to the AFP its
primary role of preserving external security.
However, even after the Department has
assumed primary responsibility on matters
affecting internal security, including the
suppression of insurgency, and there are
serious threats to national security and public
order, such as where insurgents have gained
considerable foothold in the community
thereby necessitating the employment of
bigger tactical forces and the utilization of
higher caliber armaments and better armored
v e h i c l e s , t h e P r e s i d e n t m a y, u p o n
recommendation of the peace and order
council, call upon the Armed Forces of the
Philippines to assume the primary role and
the Philippine National Police (PNP) to play
the supportive role in the area concerned.
In times of national emergency, all elements
of the PNP, the Bureau of Fire Protection, and
the Bureau of Jail Management and Penology
shall, upon direction of the President, assist
the Armed Forces of the Philippines in
meeting the national emergency.
The complementary relationship between the
Department of the Interior and Local
Government and the Department of National
Defense in any of the preceding eventualities
shall be jointly prescribed by their respective
Secretaries in a memorandum of agreement
that shall thereafter be published and
implemented.
CHAPTER II

THE NATIONAL POLICE COMMISSION
Section 13. Creation and Composition. – A
National Police Commission, hereinafter
referred to as the Commission, is hereby
created for the purpose of effectively
discharging the functions prescribed in the
Constitution and provided in this Act. The
Commission shall be a collegial body within
the Department. It shall be composed of a
Chairman and four (4) regular
commissioners, one (1) of whom shall be
designated as Vice-Chairman by the
President. The Secretary of the Department
shall be the ex-officio Chairman of the
Commission, while the Vice-Chairman shall
a c t a s t h e e x e c u t i v e o ff i c e r o f t h e
Commission.
Section 14. Powers and Functions of the
Commission. – The Commission shall
exercise the following powers and functions:
(a) Exercise administrative control over the
Philippine National Police;
(b) Advise the President on all matters
involving police functions and administration;
(c) Foster and develop policies and
promulgate rules and regulations, standards
and procedures to improve police services
based on sound professional concepts and
principles;
(d) Examine and audit, and thereafter
establish the standards for such purposes on
a continuing basis, the performance,
activities, and facilities of all police agencies
throughout the country;
(e) Prepare a police manual prescribing rules
and regulations for efficient organization,
administration, and operation, including
recruitment, selection, promotion and
retirement;
(f) Establish a system of uniform crime
reporting;
(g) Conduct surveys and compile statistical
data for the proper evaluation of the efficiency
and effectiveness of all police units in the
country;
(h) Render to the President and to Congress
an annual report on its activities and
accomplishments during the thirty (30) days
after the end of the calendar year, which shall
include an appraisal of the conditions
obtaining in the organization and
administration of police agencies in the
municipalities, cities and provinces
t h r o u g h o u t t h e c o u n t r y, a n d
recommendations for appropriate remedial
legislation;
(i) Approve or modify plans and programs on
education and training, logistical
requirements, communications, records,
information systems, crime laboratory, crime
prevention and crime reporting;
(j) Affirm, reverse or modify, through the
National Appellate Board, personnel
disciplinary actions involving demotion or
dismissal from the service imposed upon
members of the Philippine National Police by
the Chief of the Philippine National Police;
(k) Exercise appellate jurisdiction through the
regional appellate boards over administrative
cases against policemen and over decisions
on claims for police benefits;
(l) Recommend to the President, through the
Secretary, within sixty (60) days before the
commencement of each calendar year, a
crime prevention;
(m) Prescribe minimum standards for arms,
equipment, and uniforms and, after
consultation with the Philippine Heraldy
Commission, for insignia of ranks, awards
and medals of honor;
(n) Issue subpoena and subpoena duces
tecum in matters pertaining to the discharge
of its own powers and duties, and designate
who among its personnel can issue such
processes and administer oaths in connection
therewith; and
(o) Perform such other functions necessary to
carry out the provisions of this Act and as the
President may direct.
Section 15. Qualifications. – No person
shall be appointed regular member of the
Commission unless:
(a) He is at least thirty-five (35) years of age;
(b) A member of the Philippine Bar or a holder
of a master's degree in public administration,
business administration, management,
sociology, criminology, law enforcement,
national security administration, defense
studies, and other related discipline; and
(c) Has had experience in law enforcement
work for at least five (5) years .
Section 16. Term of Office. – The four (4)
regular and full-time Commissioners shall be
appointed by the President upon the
recommendation of the Secretary. Of the first
four (4) commissioners to be appointed, two
(2) commissioners shall serve for six (6)
years and the two (2) other commissioners for
four (4) years. All subsequent appointments
shall be for a period of six (6) years each,
without reappointment or extension.
Section 17. Temporary or Permanent
Incapacity of the Chairman. – In case of
absence due to temporary or permanent
incapacity of the Chairman, the President
shall designate an Acting Chairman. In case
of death or permanent incapacity or
disqualification of the Chairman, the Acting
Chairman shall also act as such until a new
Chairman shall have been appointed and
qualified.
Section 18. Removal from Office. – The
members of the Commission may be
removed from office for cause. All vacancies
in the Commission, except through expiration
of term, shall be filled up for the unexpired
term only: Provided, That any person who
shall be appointed in this case shall be
eligible for regular appointment for another
full term.
Section 19. Prohibitions. – The Chairman
and members of the Commission shall not
engage in the practice of any profession, or
intervene, directly or indirectly, in the
management and control of any private
enterprise. They shall not, directly or
indirectly, have any financial or material
interest in any transaction requiring the
approval of their office.
Section 20. Organizational Structure. – The
Commission shall consist of the following
units:
(a) Commission Proper. – This is composed
of the offices of the Chairman and the four (4)
commissioners.
(b) Staff Services. – The staff services of the
Commission shall be as follows:
(1) The planning and Research Service,
which shall provide technical services to the
Commission in areas of overall policy
formulation, strategic and operational
planning, management systems or
procedures, evaluation and monitoring of the
Commission's programs, projects and internal
operations; and shall conduct thorough
research and analysis on social and
economic conditions affecting peace and
order in the country;
(2) The Legal Affairs Service, which shall
provide the Commission with efficient and
effective service as legal counsel of the
Commission; draft or study contracts affecting
the Commission and submit appropriate
recommendations pertaining thereto; and
render legal opinions arising from the
administration and operation of the Philippine
National Police and the Commission;
(3) The Crime Prevention and Coordination
Service, which shall undertake criminological
researches and studies; formulate a national
crime prevention plan; develop a crime
prevention and information program and
provide editorial direction for all criminology
research and crime prevention publications;
(4) The Administrative Service, which shall
provide the Commission with assistance on
budgetary and financial matters; provide the
necessary services relating to records,
correspondence, supplies, property and
equipment, security and general services,
and the maintenance and utilization of
facilities; and provide services relating to
manpower, career planning and development,
personnel transactions and employee
welfare;
(5) The Inspection and Monitoring Service,
which shall conduct continuous inspection
and management audit of personnel, facilities
and operations at all levels of command of
the PNP and shall monitor the implementation
of the Commission's programs and projects
relative to law enforcement; and
(6) The Installations and Logistics Service,
which shall review the Commission's plans
and programs and formulate policies and
procedures regarding acquisition, inventory,
control, distribution, maintenance and
disposal of supplies and shall oversee the
implementation of programs on transportation
facilities and installations and the
procurement and maintenance of supplies
and equipment.
(c) Disciplinary Appellate Boards. – The
Commission shall establish a formal
administrative disciplinary appellate
machinery consisting of the National
Appellate Board and the regional appellate
boards.
The National Appellate Board shall decide
cases on appeal from decisions rendered by
the PNP chief, while the regional appellate
boards shall decide cases on appeal from
decisions rendered by officers other than the
PNP chief, the mayor, and the People Law
Enforcement Board (PLEB) created
hereunder.
Section 21. Regional Offices. – The
Commission shall establish, operate and
maintain regional offices headed by regional
directors who shall implement the policies
and programs of the Commission in their
respective regions. For administrative
purposes, the regional offices of the
Commission shall be attached to the general
offices of the Department.
Subject to the standards that shall be
prescribed by the Commission, the regional
offices shall likewise perform the functions of
adjudication of benefit claims.
Section 22. Qualifications of Regional
Directors. – No person shall be appointed
regional director unless:
(a) He is at least thirty (30) years of age;
(b) A holder of a baccalaureate degree and
appropriate civil service eligibility; and
(c) Has at least five (5) years experience in
the field of law enforcement, criminology or
police administration.
CHAPTER III
A. THE PHILIPPINE NATIONAL POLICE
ORGANIZATION
Section 23. Composition. – Subject to the
limitations provided for in this Act, the
Philippine National Police, hereinafter
referred to as the PNP, is hereby established,
initially consisting of the members of the
police forces who were integrated into the
Integrated National Police (INP) pursuant to
Presidential Decree No. 765, and the officers
and enlisted personnel of the Philippine
Constabulary (PC). For purposes of this Act,
the officers and enlisted personnel of the PC
shall include those assigned with the
Narcotics Command (NARCOM) or the
Criminal Investigation Service (CIS); and
those of the technical services of the AFP
assigned with the PC and the civilian
operatives of the CIS. The regular operatives
of the abolished NAPOLCOM Inspection,
Investigation and Intelligence Branch may
also be absorbed by the PNP. In addition, a
PC officer or enlisted personnel may transfer
to any of the branches or services of the
Armed Forces of the Philippines in
accordance with the provisions of Section 85
of this Act.
In order to be qualified for transfer to the PNP
units in Metropolitan Manila and in highly
urbanized cities, an individual must have
completed not less than second year
collegiate work or its equivalent in training of
seventy-two (72) collegiate units.
Anyone who has any pending administrative
or criminal case or has been adjudged liable
or convicted of any crime pending appeal
shall be allowed to join the PNP provisionally
without prejudice to final judgment by a body
of competent jurisdiction.
The permanent civilian employees of the
present PC, INP, Narcotics Command, CIS,
and the technical services of the AFP
assigned with the PC, including NAPOLCOM
hearing officers holding regular items as
such, shall be absorbed by the Department
as employees thereof, subject to existing laws
and regulations.
Section 24. Powers and Functions. – The
PNP shall have the following powers and
functions:
(a) Enforce all laws and ordinances relative to
the protection of lives and properties;
(b) Maintain peace and order and take all
necessary steps to ensure public safety;
(c) Investigate and prevent crimes, effect the
arrest of criminal offenders, bring offenders to
justice and assist in their prosecution;
(d) Exercise the general powers to make
arrest, search and seizure in accordance with
the Constitution and pertinent laws;
(e) Detain an arrested person for a period not
beyond what is prescribed by law, informing
the person so detained of all his rights under
the Constitution;
(f) Issue licenses for the possession of
firearms and explosives in accordance with
law;
(g) Supervise and control the training and
operations of security agencies and issue
licenses to operate security agencies, and to
security guards and private detectives, for the
practice of their professions; and
(h) Perform such other duties and exercise all
other functions as may be provided by law.
In addition, the PNP shall absorb the office of
the National Action Committee on Anti-
Hijacking (NACAH) of the Department of
National Defense, all the functions of the
present Philippine Air Force Security
Command (PAFSECOM), as well as the
police functions of the Coast Guard. In order
to perform its powers and functions efficiently
and effectively, the PNP shall be provided
with adequate land, sea, and air capabilities
and all necessary material means of
resources.
Section 25. Organization. – The PNP shall
be headed by a Chief who shall be assisted
by two (2) deputy chief, one (1) for operations
and one (1) for administration, both of whom
shall be appointed by the President upon
recommendation of the Commission from
among the most senior and qualified officers
in the service: Provided, however, That in no
case shall any officer who has retired or is
retirable within six (6) months from his
compulsory retirement age be appointed as
Chief of the PNP. The PNP shall be
composed of a national office, regional
offices, provincial offices, district offices, city
or municipal stations.
At the national level, the PNP shall maintain
its office in Metropolitan Manila which shall
house the directorial staff, service staff and
special support units.
At the regional level, the PNP shall have
regional offices, including that of the National
Capital Region, which may be divided into
two (2) separate regions without prejudice to
the pertinent provisions of the Organic Act for
the Autonomous Regions of the Cordilleras
and Muslim Mindanao relative to the creation
of a regional police force in the area of
autonomy. Each of these regional offices shall
be headed by a regional director for peace
and order.
At the provincial level, there shall be a PNP
office, each headed by a provincial director. In
the case of large provinces, police districts
may be established by the Commission to be
headed by a district director.
At the city or municipal level, there shall be a
PNP station, each headed by a chief of
police.
The Chief of the PNP shall, within sixty (60)
days from the effectivity of this Act and in
accordance with the broad guidelines set
forth herein, recommend the organizational
structure and staffing pattern of the PNP to
the Commission.
Section 26. Powers, Functions and term of
Office of the PNP Chief . – The command
and direction of the PNP shall be vested in
the Chief of the PNP who shall have the
power to direct and control tactical as well as
strategic movements, deployment,
placement, utilization of the PNP or any of its
units and personnel, including its equipment,
facilities and other resources. Such command
and direction of the Chief of the PNP may be
delegated to subordinate officials with the
respect to the units under their respective
commands, in accordance with the rules and
regulation prescribed by the Commission.
The Chief of the PNP shall also have the
power to issue detailed implementing policies
and instructions regarding personnel, funds,
properties, records, correspondence and
such other matters as may be necessary to
effectivity carry out the functions, powers and
duties of the Bureau. The Chief of the PNP
shall be appointed by the President from
among the senior officers down to the rank of
chief superintendent, subject to confirmation
by the Commission on Appointments:
Provided, That the Chief of the PNP shall
serve a term of office not to exceed four (4)
years: Provided, further, That in times of war
or other national emergency declared by
Congress, the President may extend such
term of office.
Section 27. Manning Levels. – On the
average nationwide, the manning levels of the
PNP shall be approximately in accordance
with a police-to-population ratio of one (1)
policeman for every five hundred (500)
persons. The actual strength by cities and
municipalities shall depend on the state of
peace and order, population density and
actual demands of the service in the
particular area: Provided, That the minimum
police-to-population ratio shall not be less
than one (1) policeman for every one
thousand (1,000) persons: Provided, further,
That urban areas shall have a higher
minimum police-to-population ratio as may be
prescribed by regulations.
Section 28. Rank Classification. – For
purposes of efficient administration,
supervision and control, the rank
classification of the members of the PNP shall
be as follows:
Director General
Deputy Director General
Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Police Officer IV
Senior Police Officer III
Senior Police Officer II
Senior Police Officer I
Police Officer III
Police Officer II
Police Officer I
Section 29. Key Positions. – The head of
the PNP with the rank director general shall
have the position title of Chief of the PNP.
The second in command of the PNP with the
rank of deputy director general shall be the
Deputy Chief of the PNP for Administration.
The third in command with the rank also of
deputy director general shall be the Deputy
Chief of the PNP for Operations.
At the national office, the head of the
directorial staff with the rank of deputy
director general shall be known as Chief of
the Directorial Staff of the PNP.
The heads of the various staff divisions in the
directorial staff shall have the rank of director
with the position title of Director of the
Directorial Staff of their respective functional
divisions. The head of the Inspectorate
Division with the rank of chief superintendent
shall assume the position title of Inspector
General. The heads of the administrative and
operational support divisions shall have the
rank of chief superintendent.
The head of the NCR with the rank of director
shall assume the position title of NCR
Director.
The heads of the regional offices with the
rank of chief superintendent shall assume the
position title of Regional Director.
The heads of the NCR district offices with the
rank of chief superintendent shall have the
position title of District Director.
The heads of provincial offices with the rank
of senior superintendent shall be known as
Provincial Director.
The heads of the district offices with the rank
of superintendent shall have the position title
of District Director.
The heads of the municipality or city offices
with the rank of chief inspector shall be
known as Chief of Police.
Section 30. General Qualifications for
Appointment. – No person shall be
appointed as officer or member of the PNP
unless he possesses the following minimum
qualifications:
(a) A citizen of the Philippines;
(b) A person of good moral conduct;
(c) Of sound mind and body;
(d) Must possess a formal baccalaureate
degree for appointment as officer and must
have finished at least second year college or
the equivalent of seventy-two (72) collegiate
units for appointment as non-officer or an
equivalent training or experience for those
already in the service upon the effectivity of
this Act.
(e) Must be eligible in accordance with the
standards set by the Commission;
(f) Must not have been dishonorably
discharged from military employment or
dismissed for cause from any civilian position
in the Government;
(g) Must not have been convicted be final
judgment of an offense or crime involving
moral turpitude;
(h) Must be at least one meter and sixty-two
centimeters (1.62 m.) in height for male and
one meter and fifty-seven centimeters (1.57
m.) for female;
(i) Must weight not more or less than five
kilograms (5 kg.) of the standard weight
corresponding to his or her height, age, and
sex; and
(j) For a new applicant, must not be less than
twenty-one (21) nor more than thirty (30)
years of age.
Section 31. Appointment of PNP Officers
and Members. – The appointment of the
officers and members of the PNP shall be
effected in the following manner:
(a) Police Officer I to Senior Police Officer IV .
– Appointed by the PNP regional director for
regional personnel or by the Chief of the PNP
for the national headquarters personnel and
attested by the Civil Service Commission.
(b) Inspector to Superintendent. – Appointed
by the Chief of the PNP, as recommended by
their immediate superiors, attested by the
Civil Service Commission;
(c) Senior Superintendent to Deputy Director
General. – Appointed by the President upon
recommendation of the chief of the PNP, with
proper endorsement by the Chairman of the
Civil Service Commission and subject to
confirmation by the Commission on
Appointments; and
(d) Director General. – Appointed by the
President from among the senior officers
down to the rank of chief superintendent in
the service, subject to confirmation by the
Commission on Appointments: Provided, That
the Chief of the PNP shall serve a tour of duty
not to exceed four (4) years: Provided,
further, That, in times of war or other national
emergency declared by Congress, the
President may extend such tour of duty.
Section 32. Examinations for Policemen. –
The Civil Service Commission shall
administer the qualifying entrance
examinations for policemen on the basis of
the standards set by the NAPOLCOM.
Section 33. Lateral Entry of Officers into
the PNP. – In general, all original
appointments of commissioned officers in the
PNP shall commence with the rank of
inspector, to include all those with highly
technical qualifications applying for the PNP
technical services, such as dentist,
optometrists, nurses, engineers, and
graduates of forensic sciences. Doctors of
medicine, members of the Bar, and chaplains
shall be appointed to the rank of senior
inspector in their particular technical service.
Graduates of the Philippine National Police
Academy (PNPA) shall be automatically
appointed to the initial rank of inspector.
Licensed criminologists may be appointed to
the rank of inspector to fill up any vacancy
after promotions from the ranks are
completed.
Section 34. Qualifications of Chief of City
and Municipal Police Stations. – No person
may be appointed chief of a city police station
unless he holds a bachelor's degree from a
recognized institution of learning or has
served in the Philippine Constabulary or in
the police department of any city or
municipality with the rank of captain or its
equivalent therein for at least three (3) years.
No person may be appointed chief of a
municipal police station unless he holds a
bachelor's degree from a recognized
institution of learning or has served as officer
in the Philippine Constabulary or in the police
department of any city or municipality for at
least two (2) years with the rank lieutenant or
its equivalent: Provided, That a member of
the Bar with at least five (5) years experience
in active law practice and who possesses the
general qualifications under Section 30 of this
Act shall be qualified for appointment as chief
of a city or municipal police station: Provided,
further, That the chief of police shall be
appointed in accordance with the provisions
of Section 51, paragraph b), subparagraph (4)
(i) of this Act.
Section 35. Support Units. – The PNP shall
be supported by administrative and
operational support units. The administrative
support units shall consist of the Crime
Laboratory, Logistic Unit, Communications
Unit, Computer Center, Finance Center and
Civil Security Unit. The operational support
units shall be composed of the Maritime
Police Unit, Police Intelligence Unit, Police
Security Unit, Criminal Investigation Unit,
Special Action Force, Narcotics units, Aviation
Security Unit, Traffic Management Unit, the
Medical and Dental Centers and the Civil
Relations Unit. To enhance police operational
efficiency and effectiveness, the Chief of the
PNP may constitute such other support units
as may be necessary subject to the approval
of the Commission: Provided, That no support
unit headed by a chief superintendent or a
higher rank can be created unless provided
by law.
(a) Administrative Support Units. – (1) Crime
Laboratory. There shall be established a
central Crime Laboratory to be headed by a
Director with the rank of chief superintendent,
which shall provides scientific and technical
investigative aid and support to the PNP and
other government investigative agencies.
It shall also provide crime laboratory
examination, evaluation and identification of
physical evidences involved in crimes with
primary emphasis on their medical, chemical,
biological and physical nature.
There shall be likewise be established
regional and city crime laboratories as may
be necessary in all regions and cities of the
country.
(2) Logistic Unit. – Headed by a Director with
the rank of chief superintendent, the Logistics
Unit shall be responsible for the procurement,
distributions and management of all the
logistical requirements of the PNP including
firearms and ammunition.
(3) Communications Unit. – Headed by a
Director with the rank of chief superintendent,
the Communications Unit shall be responsible
f o r e s t a b l i s h i n g a n e ff e c t i v e p o l i c e
communications network.
(4) Computer Center. – Headed by a Director
with the rank of chief superintendent, the
Computer Center shall be responsible for the
design, implementation and maintenance of a
database system for the PNP.
(5) Finance Center. – Headed by a Director
with the rank of chief superintendent, the
Finance Center shall be responsible for
providing finance services to the PNP.
(6) Civil Security Unit. – Headed by a Director
with the rank of chief superintendent, the Civil
Security Unit shall provide administrative
services and general supervision over
organization, business operation and
activities of all organized private detectives,
watchmen, security guard agencies and
company guard houses.
The unit shall likewise supervise the licensing
and registration of firearms and explosives.
The approval applications for licenses to
operate private security agencies, as well as
the issuance of licenses to security guards
and the licensing of firearms and explosives,
shall be decentralized to the PNP regional
offices.
(b) Operational Support Units. – (1) Maritime
Police Unit. Headed by a Director with the
rank of chief superintendent, the Maritime
Police Unit shall perform all police functions
over Philippine territorial waters and rivers.
(2) Police Intelligence Unit. – Headed by a
Director with the rank of chief superintendent,
the Police Intelligence Unit shall serve as the
intelligence and counterintelligence operating
unit of the PNP.
(3) Police Security Unit. – Headed by a
Director with the rank of chief superintendent,
Police Security Unit shall provide security for
government officials, visiting dignitaries and
private individuals authorized to be given
protection.
(4) Criminal Investigation Unit. – Headed by a
Director with the rank of chief superintendent,
the Criminal Investigation Unit shall undertake
the monitoring, investigation and prosecution
of all crimes involving economic sabotage,
and other crimes of such magnitude and
extent as to indicate their commission by
highly placed or professional criminal
syndicates and organizations.
This unit shall likewise investigate all major
cases involving violations of the Revised
Penal Code and operate against organized
crime groups, unless the President assigns
the case exclusively to the National Bureau of
Investigation (NBI).
(5) Special Action Force. – Headed by a
Director with the rank of chief superintendent,
the Special Action Force shall function as a
mobile strike force or reaction unit to augment
regional, provincial, municipal and city police
forces for civil disturbance control,
counterinsurgency, hostage-taking rescue
operations, and other special operations.
(6) Narcotics Unit. – Headed by a Director
with the rank of chief superintendent, the
Narcotics Unit shall enforce all laws relative to
the protection of the citizenry against
dangerous and other prohibited drugs and
substances.
(7) Aviation Security Unit. – Headed by a
Director with the rank of chief superintendent,
the Aviation Security Unit, in coordination with
airport authorities, shall secure all the
country's airports against offensive and
terroristic acts that threaten civil aviation,
exercise operational control and supervision
over all agencies involved in airport security
operation, and enforce all laws and
regulations relative to air travel protection and
safety.
(8) Traffic Management Unit. – Headed by a
Director with the rank of chief superintendent,
the Traffic Management Unit shall enforce
traffic laws and regulations.
(9) Medical and Dental Centers. – Headed by
a Director with the rank of chief
superintendent, the Medical and Dental
Centers shall be responsible for providing
medical and dental services for the PNP.
(10) Civil Relations Units. – Headed with a
Director with the rank of chief superintendent,
the Civil Relations Unit shall implement plans
and programs that will promote community
and citizens' participation in the maintenance
of peace and order and public safety.
Section 36. Status of Members of the
Philippine National Police. – The members
of the PNP shall be considered employees of
the National Government and shall draw their
salaries therefrom: Provided, That PNP
members assigned in Metropolitan Manila,
chartered cities and first class municipalities
may be paid in additional monthly allowance
by the local government unit concerned.
B. PROFESSIONALISM, WELFARE AND
BENEFITS
Section 37. Performance Evaluation
System. – There shall be established a
performance evaluation system which shall
be administered in accordance with the rules,
regulations and standards, and a code of
conduct promulgated by the Commission for
members of the PNP. Such performance
evaluation system be administered in such a
way as to foster the improvement of individual
efficiency and behavioral discipline as well as
the promotion of organizational effectiveness
and respect for the constitutional and human
rights of citizens, democratic principles and
ideals and the supremacy of civilian authority
over the military.
The rating system as contemplated herein
shall be based on standards prescribed by
the Commission and shall consider results of
annual physical, psychological and
neuropsychiatric examinations conducted on
the PNP officer or member concerned.
Section 38. Promotions. – (a) A member of
the PNP shall not be eligible for promotion to
a higher position or rank unless he has
successfully passed the corresponding
promotional examination given by the
Commission, or the Bar or corresponding
board examinations for technical services and
other professions, and has satisfactorily
completed an appropriate and accredited
course in the PNP or equivalent training
institutions. In addition, no member of the
PNP shall eligible for promotion unless he
has been cleared by the People's Law
Enforcement Board (PLEB) of complaints
proffered against him, if any.
(b) Special promotion may be extended to
any member of the PNP for acts of
conspicuous courage and gallantry at the risk
of his life above and beyond the call of duty,
or selected as such in a nationwide search
conducted by the PNP or any accredited civic
organization.
Section 39. Compulsory Retirement. –
Compulsory retirement, for officer and non-
officer, shall be upon the attainment of age
fifty-six (56): Provided, That, in case of any
officer with the rank of chief superintendent,
director or deputy director general, the
Commission may allow his retention in the
service for an unextendible period of one (1)
year.
Section 40. Optional Retirement. – Upon
accumulation of at least twenty (20) years of
satisfactory active service, an officer or non-
officer, at his own request and with the
approval of the Commission, shall be retired
from the service and entitled to receive
benefits provided by law.
C. ADMINISTRATIVE DISCIPLINARY
MACHINERY
Section 41. (a) Citizen's Complaints. – Any
complaint by an individual person against any
member of the PNP shall be brought before
the following:
(1) Chiefs of police, where the offense is
punishable by withholding of privileges,
restriction to specified limits, suspension or
forfeiture of salary, or any combination thereof
for a period not exceeding fifteen (15) days;
(2) Mayors of cities or municipalities, where
the offense is punishable by withholding of
privileges, restriction to specified limits,
suspension or forfeiture of salary, or any
combination thereof, for a period of not less
than sixteen (16) days but not exceeding
thirty (30) days;
(3) People's Law Enforcement Board, as
created under Section 43 hereof, where the
offense is punishable by withholding of
privileges, restriction to specified limits,
suspension of forfeiture of salary, or any
combination thereof, for a period exceeding
thirty (30) days; or by dismissal.
The Commission shall provide in its
implementing rules and regulations a scale of
penalties to be imposed upon any member of
the PNP under this section.
(b) Internal Discipline. – In dealing with minor
offenses involving internal discipline found to
have been committed by any regular member
of their respective commands, the duly
designated supervisors and equivalent
officers of the PNP shall, after due notice and
summary hearing, exercise disciplinary
powers as follows:
(1) Chiefs of police or equivalent supervisors
may summarily impose the administrative
punishment of admonition or reprimand;
restriction to specified limits; withholding of
privileges; forfeiture of salary or suspension;
or any of the combination of the foregoing:
Provided; That, in all cases, the total period
shall not exceed fifteen (15) days;
(2) Provincial directors or equivalent
supervisors may summarily impose the
administrative punishment of admonition or
reprimand; restriction to specified limits;
withholding of privileges; forfeiture of salary or
suspension; or any combination of the
foregoing: Provided, That, in all cases, the
total period shall not exceed thirty (30) days;
(3) Police regional directors or equivalent
supervisors shall have the power to impose
upon any member the disciplinary
punishment of dismissal from the service. He
may also impose the administrative
punishment of admonition or reprimand;
restriction to specified limits; withholding of
privileges; suspension or forfeiture of salary;
demotion; or any combination of the
foregoing: Provided, That, in all cases, the
total period shall not exceed sixty (60) days;
(4) The Chief of the PNP shall have the
power to impose the disciplinary punishment
of dismissal from the service; suspension or
forfeiture of salary; or any combination
thereof for a period not exceeding one
hundred eighty (180) days.
(c) Exclusive Jurisdiction. – A complaint or a
charge filed against a PNP member shall be
heard and decided exclusively by the
disciplining authority who has acquired
original jurisdiction over the case and
notwithstanding the existence of concurrent
jurisdiction as regards the offense: Provided,
That offenses which carry higher penalties
referred to a disciplining authority shall be
referred to the appropriate authority which
has jurisdiction over the offense.
For purposes of this Act, a "minor offense"
shall refer to an act or omission not involving
moral turpitude, but affecting the internal
discipline of the PNP, and shall include, but
not limited to:
(1) Simple misconduct or negligence;
(2) Insubordination;
(3) Frequent absences or tardiness;
(4) Habitual drunkenness; and
(5) Gambling prohibited by law.
Section 42. Summary Dismissal Powers of
the PNP Chief and Regional Directors. –
The Chief of the PNP and regional directors,
after due notice and summary hearings, may
immediately remove or dismiss any
respondent PNP member in any of the
following cases:
(a) When the charge is serious and the
evidence of guilt is strong;
(b) When the respondent is a recidivist or has
been repeatedly charged and there are
reasonable grounds to believe that he is guilty
of the charges; and
(c) When the respondent is guilty of conduct
unbecoming of a police officer.
Section 43. People's Law Enforcement
Board (PLEB). – (a) Creation and Functions.
– Within thirty (30) days from the issuance of
the implementing rules and regulations by the
Commission, there shall be created by the
sangguniang panlungsod/bayan in every city
and municipality such number of People's
Law Enforcement Boards (PLEBs) as may be
necessary: Provided, That there shall be at
least one (1) PLEB for every municipality and
for each of the legislative districts in a city.
The PLEB shall have jurisdiction to hear and
decide citizen's complaints or cases filed
before it against erring officers and members
of the PNP. There shall be at least one (1)
PLEB for every five hundred (500) city or
municipal police personnel.
(b) Composition and Term of Office. – The
PLEB shall be composed of the following:
(1) Any member of the sangguniang
panlungsod/bayan chosen by his respective
sanggunian;
(2) Any barangay captain of the city or
municipality concerned chosen by the
association of barangay captains; and
(3) Three (3) other members who shall be
chosen by the peace and order council from
among the respected members of the
community known for their probity and
integrity, one (1) of whom must be a member
of the Bar or, in the absence thereof, a
college graduate, or the principal of the
central elementary school in the locality.
The Chairman of the PLEB shall be elected
from among its members. The term of office
of the members of the PLEB shall be for a
period of two (2) years from assumption of
office. Such member shall hold office until his
successor shall have been chosen and
qualified.
(c) Compensation – Membership in the PLEB
is a civic duty. However, PLEB members may
be paid per diem as may be determined by
the city or municipal council from city or
municipal funds.
(d) Procedure – (1) The PLEB, by a majority
vote of all its members and its Chairman shall
determine whether or not the respondent
officer or member of the PNP is guilty of the
charge upon which the complaint is based.
(2) Each case shall be decided within sixty
(60) days from the time the case has been
filed with the PLEB.
(3) The procedures in the PLEB shall be
summary in nature, conducted in accordance
with due process, but without strict regard to
technical rules of evidence.
(4) The Commission shall issue the
necessary implementing guidelines and
procedures to be adopted by the PLEB,
including graduated penalties which may be
imposed by the PLEB.
(5) The Commission may assign the present
NAPOLCOM hearing officers to act as legal
consultants of the PLEBs and provide,
whenever necessary, legal services,
assistance and advise to the PLEBs in
hearing and deciding cases against officers
and members of the PNP, especially those
involving difficult questions of law: Provided,
That these lawyers may also be assigned to
investigate claims for death and disability
benefits of PNP members or their heirs.
(e) Decisions – The decision of the PLEB
shall become final and executory: Provided,
That a decision involving demotion or
dismissal from the service may be appealed
by either party with the regional appellate
board within ten (10) days from receipt of the
copy of the decision.
Section 44. Disciplinary Appellate Boards.
– The formal administrative disciplinary
machinery for the PNP shall be the National
Appellate Board and the regional appellate
boards.
The National Appellate Board shall consist of
four (4) divisions, each division composed of
a Commissioner as Chairman and two (2)
other members. The Board shall consider
appeals from decisions of the Chief of the
PNP.
The National Appellate Board may conduct its
hearings or sessions in Metropolitan Manila
or any part of the country as it may deem
necessary.
There shall be at least one (1) regional
appellate board per administrative region in
the country to be composed of a senior officer
of the regional Commission as Chairman and
one (1) representative each from the PNP,
and the regional peace and order council as
members. It shall consider appeals from
decisions of the regional directors, other
officials, mayors, and the PLEBs: Provided,
That the Commission may create additional
regional appellate boards as the need arises.
Section 45. Finality of Disciplinary Action.
– The disciplinary action imposed upon a
member of the PNP shall be final and
executory: Provided, That a disciplinary
action imposed by the regional director or by
the PLEB involving demotion or dismissal
from the service may be appealed to the
regional appellate board within ten (10) days
from receipt of the copy of the notice of
decision: Provided, further, That the
disciplinary action imposed by the Chief of the
PNP involving demotion or dismissal may be
appealed to the National Appellate Board
within ten (10) days from receipt thereof:
Provided, furthermore, That the regional or
National Appellate Board, as the case may
be, shall decide the appeal within sixty (60)
days from receipt of the notice of appeal:
Provided, finally, That failure of the regional
appellate board to act on the appeal within
said period shall render the decision final and
executory without prejudice, however, to the
filing of an appeal by either party with the
Secretary.
Section 46. Jurisdiction in Criminal Cases.
– Any provision of law to the contrary
notwithstanding, criminal cases involving PNP
members shall within the exclusive
jurisdiction of the regular courts: Provided,
That the courts-martial appointed pursuant to
Presidential Decree No. 1850 shall continue
to try PC-INP members who have already
been arraigned, to include appropriate actions
thereon by the reviewing authorities pursuant
to Commonwealth Act No. 408, otherwise
known as the Articles of War, as amended,
and Executive Order No. 178, otherwise
known as the Manual for Courts-Martial:
Provided, further, That criminal cases against
PC-INP members who may have not yet been
arraigned upon the effectivity of this Act shall
be transferred to the proper city or provincial
prosecutor or municipal trial court judge.
Section 47. Preventive Suspension
Pending Criminal Case. – Upon the filing of
a complaint or information sufficient in form
and substance against a member of the PNP
for grave felonies where the penalty imposed
by law is six (6) years and one (1) day or
more, the court shall immediately suspend
the accused from office until the case is
terminated. Such case shall be subject to
continuous trial and shall be terminated within
ninety (90) days from arraignment of the
accused.
Section 48. Entitlement to Reinstatement
and Salary. – A member of the PNP who may
have been suspended from office in
accordance with the provisions of this Act or
who shall have been terminated or separated
from office shall, upon acquittal from the
charges against him, be entitled to
reinstatement and to prompt payment of
salary, allowances and other benefits withheld
from him by reason of such suspension or
termination.
Section 49. Legal Assistance. – The
Secretary of the Department of Justice, the
Chairman of the Commission or the Chief of
the PNP may authorize lawyers of their
respective agencies to provide legal
assistance to any member of the PNP who is
facing before the prosecutor's office, the court
or any competent body, a charge or charges
arising from any incident which is related to
the performance of his official duty: Provided,
That government lawyers so authorized shall
have the power to administer oaths. The
Secretary of Justice, the Chairman of the
Commission, and the Chief of the PNP shall
jointly promulgate rules and regulations to
implement the provisions of this section.
Section 50. Power to Administer Oaths. –
Officials of the Commission who are
appointed by the President, as well as officers
of the PNP from rank of inspector to senior
superintendent, shall have the power to
administer oaths on matters which are
connected with the performance of their
official duties.
D. PARTICIPATION OF LOCAL
EXECUTIVES IN THE ADMINISTRATION
OF THE PNP
Section 51. Powers of Local Government
Officials Over the PNP Units or Forces. –
Governors and mayors shall be deputized as
representatives of the Commission in their
respective territorial jurisdiction. As such, the
local executives shall discharge the following
functions:
(a) Provincial Governor – (1) Power to
Choose the Provincial Director. – The
provincial governor shall choose the
provincial director from a list of three (3)
eligible recommended by the PNP regional
director.
(2) Overseeing the Provincial Public Safety
Plan Implementation. – The governor, as
chairman of the provincial peace and order
council, shall oversee the implementation of
the provincial public safety plan, which is
prepared taking into consideration the
integrated community safety plans, as
provided under paragraph (b) (2) of this
section.
(b) City and Municipal Mayors – (1)
Operational Supervision and Control. The city
and municipal mayors shall exercise
operational supervision and control over PNP
units in their respective jurisdiction except
during the thirty (30) day period immediately
preceding and the thirty (30) days following
any national, local and barangay elections.
During the said period, the local police forces
shall be under the supervision and control of
the Commission on Elections.
The term "operational supervision and
control" shall mean the power to direct,
superintend, oversee and inspect the police
units and forces.
It shall include the power to employ and
deploy units or elements of the PNP, through
the station commander, to ensure public
safety and effective maintenance of peace
and order within the locality. For this purpose,
the term "employ" and "deploy" shall mean as
follows:
"Employ" refers to utilization of units or
elements of the PNP for purposes of
protection of lives and properties,
enforcement of laws, maintenance of peace
and order, prevention of crimes, arrest of
criminal offenders and bringing the offenders
to justice, and ensuring public safety,
particularly in the suppression of disorders,
riots, lawless violence, rebellious seditious
conspiracy, insurgency, subversion or other
related activities.
"Deploy" shall mean the orderly organized
physical movement of elements or units of the
PNP within the province, city or municipality
for purposes of employment as herein
defined.
(2) Integrated Community Safety Plans. – The
municipal/city mayor shall, in coordination
with the local peace and order council of
which he is the chairman pursuant to
Executive Order No. 309, as amended,
develop and establish an integrated area/
community public safety plan embracing
priorities of action and program thrusts for
implementation by the local PNP stations.
It shall, likewise, be the duty of the city or
municipal mayor to sponsor periodic seminars
for members of the PNP assigned or detailed
in his city or municipality in order to update
them regarding local ordinances and
legislations.
(3) Administrative Disciplinary Powers. – In
the areas of discipline, city and municipal
mayors shall have the powers to impose,
after due notice and summary hearings,
disciplinary penalties for minor offenses
committed by members of the PNP assigned
to their respective jurisdictions, as provided in
Section 41 of this Act.
(4) Other Powers. – In addition to the
aforementioned powers, city and municipal
mayors shall have the following authority over
the PNP units in their respective jurisdictions:
(i) Authority to choose the chief of police from
a list of five (5) eligibles recommended by the
provincial police director, preferably from the
same province, city or municipality.
(ii) Authority to recommend the transfer,
reassignment or detail of PNP members
outside of their respective city or town
residences; and
(iii) Authority to recommend, from a list of
eligibles previously screened by the peace
and order council, the appointment of new
members of the PNP to be assigned to their
respective cities or municipalities without
which no such appointment shall be attested.
Section 52. Suspension of Operational
Supervision and Control. – The President
may, upon consultation with the provincial
governor and congressman concerned,
suspend the power of operational supervision
and control of any local executive over police
units assigned or stationed in his jurisdiction
for any of the following grounds:
(a) Frequent unauthorized absences;
(b) Abuse of authority;
(c) Providing material support to criminal
elements; or
(d) Engaging in acts inimical to national
security or which negate the effectiveness of
the peace and order campaign.
Upon good cause shown, the President may,
motu propio or upon the recommendation of
the National Police Commission, restore such
power withdrawn from any local executive.
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 officers and
uniformed members of the fire 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
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.
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 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 necessary.
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.
The local 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.
Section 56. 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.
Section 57. 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.
Section 58. Rank Classification. – For
purposes of efficient administration,
supervision and control, the rank
classification of the members of the Fire
Bureau shall be as follows:
Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Fire Officer IV
Senior Fire Officer III
Senior Fire Officer II
Senior Fire Officer I
Fire Officer III
Fire Officer II
Fire Officer 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 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.
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 officers 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 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.
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 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.
Section 64. Rank Classification. – For
purpose of efficient administration,
supervision and control, the rank
classification of the members of the Jail
Bureau shall be as follows:
Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Jail Officer IV
Senior Jail Officer III
Senior Jail Officer II
Senior Jail Officer I
Jail Officer III
Jail Officer II
Jail Officer 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 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.
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;
(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 staffing 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 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 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 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.
Section 72. 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 curriculum.
Section 73. 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.
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 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.
Section 76. 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.
Section 77. 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.
Section 78. 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.
Section 79. 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.
Section 80. Finding of D e a th a nd
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.
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, 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.
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
confirmed 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 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
a n d o ff i c e s c r e a t e d u n d e r t h i s A c t ,
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 fully
operational.
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 his office.
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.
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 office to
the Department shall proceed in accordance
with the provisions of this chapter.
S e c t i o n 8 8 . Tr a n s f e r, M e r g e r, a n d
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.
The transfer, 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
benefits.
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.
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 first year of the effectivity of this
Act.
(b) Those who shall attain the age of fifty-nine
(59) on the second year of the effectivity of
this Act; and
(c) Those who shall attain the age of fifty-
eight (58) on the third year of the effectivity of
this Act.
(d) Those who shall attain the age of fifty-
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 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.
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 modified
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 fifteen (15) days following its
publication in two (2) national newspapers of
general circulation.
Approved: December 13, 1990