File 4 Administrative Matters 10%
File 4 Administrative Matters 10%
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 6. Organization.
The Department shall consist of the Department Proper, the existing bureaus and offices of the Department
of Local Government, the National Police Commission, the Philippine Public Safety College, and the
following bureaus: the Philippine National Police, the Bureau of Fire Protection, and the Bureau of Jail
Management and Penology.
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 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 there by
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-officio Chairman of the Commission, while the Vice-Chairman
shall act as the executive officer of the Commission.
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 affected 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 another 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 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 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.
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.
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.
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.
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 marshal 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 marshal.
At the city or municipal level, there shall be a fire station, each headed by a city or municipal fire marshal:
Provided, That, in the case of large cities and municipalities, a district office with subordinate fire stations
headed by a district fire marshal 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 Death and Termination of Payment of Salary and Allowances. Upon the termination
of the one (1) year period as specified in the preceding section, the missing uniformed personnel shall be
automatically terminated. In the event said personnel shall thereafter be found to have been alive and is
not entitled to the benefits paid under the preceding sections of this Act, said benefits shall be reimbursed
to the State within six (6) months from the discovery of the fact or his reappearance. However, if his
continued disappearance was fraudulent or made in bad faith he shall, together with his co-conspirators, be
prosecuted according to law.
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 Cochairman, 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 and offices created under this
Act, preparation and filling up of their stalling pattern, transfer of assets to the Department and
organization of the Commission, to be completed within twelve (12) months from the effectivity date
hereof. At the end of this phase, all personnel to be absorbed by the Department shall have been issued
appointment papers, and the organized Commission and the PNP shall be 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 twelvemonth 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.
Section 88. Transfer, Merger, and Absorption of Offices and Personnel. All properties, equipment, finances
of the transferred and absorbed agencies, including their respective accountabilities, are hereby transferred
to the Department. 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
The Lawphil Project - Arellano Law Foundation
RA 9263 and its IRR
Republic of the Philippines
Congress of the Philippines
Metro Manila
Twelfth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three.
Republic Act No. 9263 March 10, 2004
AN ACT PROVIDING FOR THE PROFESSIONALIZATION OF THE BUREAU OF FIRE PROTECTION (BFP) AND
THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), AMENDING CERTAIN, PROVISIONS OF
REPUBLIC ACT NO. 6975, PROVIDING FUNDS THEREOF AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. - This Act shall be known as the "Bureau of Fire Protection and Bureau of Jail Management
and Penology Professionalization Act of 2004."
SEC 2. Declaration of Policy and Principles. – It is declared policy of the state to maintain peace and order,
protect life, liberty and property, and promote the general welfare essential for the enjoyment by all the
people of the blessings of democracy (Article II, Section 5 of the Philippine Constitution) Moreover it
recognizes the responsibility of the state to strengthen government capability aimed towards the
strengthening of the delivery of basic services to the citizenry though the institutionalization of highly
efficient and competent fire and jail services.
It is provided for under Republic Act No. 6975, other wise known as the "Department of the Interior and
Local Government Act 1990", that the task of fire protection, and jail management and penology shall be
the responsibility of the Bureau of Fire Protection (BFP) and the Bureau of Jail Management and Penology
(BJMP), respectively.
Moreover, Section 3 of the Republic Act No. 8551, otherwise known as the "Philippine National Police
Reform and Reorganization Act of 1998", provides that in times of national emergency, BFP and the BJMP
along with the Philippine National Police (PNP) shall, upon the direction of the President, assist the Armed
Forces of the Philippines (AFP) in meeting the national emergency, in addition to the performance of their
inherent functions as mandated by law.
It is therefore recognized that the uniformed personnel of the BFP and the BJMP, as member of the
uniformed service of the government under the Department of the Interior and Local Government (DILG),
are required the same amount of sacrifice, service and dedication like their counterparts in the4 PNP and
the AFP to carry out their respective duties to the extent of risking their lives and limbs.
Towards this end, the State shall provide for the Professionalization and restructuring of the BFP and the
BJMP by upgrading the level of qualifications of their uniformed personnel and standardizing their base pay,
retirement and other benefits, making it at par with those of the PNP and the AFP.
SEC. 3. Organization and Key Positions of the BFP and the BJMP. – The BFP and the BJMP shall be
respectively headed by a Chief who shall be assisted by two (2) deputy chiefs, one (1) for administration and
one (1) for operations, all of whom shall be appointed by the President upon recommendation of the
Secretary of the DILG from among the qualified officers with at least the rank of senior superintendent in
the service: Provided, that in no case shall any officer who has retired or is retirable within six (6) months
from his/her compulsory retirement age be appointed as Chief of the Fire Bureau or Chief of the Jail Bureau,
as the case may be, Provided, further, that the Chief of the Fire Bureau and Chief of the Jail Bureau shall
serve a tour of duty not to exceed four (4) years: Provided, however, that in times of war or other national
emergency declared by Congress, the President may extend such tour of duty.
The Heads of the BFP and the BJMP with the rank of director shall have the position title of Chief of the Fire
Bureau and the Chief of the Jail Bureau, respectively. The second officers in command of the BFP and the
BJMP with the rank of chief superintendent shall have the position title of Deputy Chief for Administration
of the Jail Bureau, respectively. The third officer in command of the BFP and the BJMP with the rank of chief
superintendent shall have the position title of Deputy Chief for Operation of Fire Bureau and Deputy Chief
for Operation of the Jail Bureau, respectively. The fourth officers in command of the BFP and the BJMP with
the rank of chief superintendent shall have the respective position title of Chief of Directorial Staff of the
Fire Bureau and Chief of Directorial Staff of the Jail Bureau, who shall be assisted by the directors of the
directorates in the respective national headquarters office with at least the rank of senior superintendent.
The BFP and the BJMP shall establish, operate and maintain their respective regional offices in each of the
administrative regions of the country which shall be respectively headed by a Regional Director for Fire
Protection and a Regional Director of Jail Management and Penology with the rank of senior
superintendent. He/she shall be respectively assisted by the following officers with the rank of
superintendent: Assistant Regional Director for Administration, Assistant Regional Director for Operations,
and Regional Chief of Directorial Staff.
SEC. 4. Professionalization and Upgrading of Qualification Standards in the Appointment of Uniformed
Personnel to the BFP and the BJMP. – No person shall be appointed as uniformed personnel of the BFP and
the BJMP unless he/she possesses the following minimum qualifications:
a) A citizen of the Republic of the Philippines;
b) A person of good moral character;
c) Must have passed the psychiatric/psychological, drug and physical test for the purpose of
determining his/her physical and mental health;
d) Must possess a baccalaureate degree from recognized institution of learning;
e) Must possess the appropriate civil service eligibility;
f) Must not have been dishonorably discharged of dismissal for cause from previous employment;
g) Must not have been convicted by final judgement of an offense or crime involving moral
turpitude;
h) Must be at least one meter and sixty-two centimeters (1.57 m.) in height for male, and one meter
and fifty-seven centimeters (1.52 m.) for female: Provided, that a waiver for height and age
requirement \s shall be automatically granted to applicants belonging to the cultural communities;
and
i) Must weight not more or less than five kilograms (5 kgs.) from the standard weight corresponding
to his/her height, age and sex;
Provided, That a new applicants must be less than twenty one (21) nor more than thirty (30 years of age:
except for this particular provision, the above–enumerated qualifications shall be continuing in character
and an absence of any one of them at any given time shall be ground for separation or retirement from the
service: Provided, further, That the uniformed personnel who are already in the service upon the effectivity
of this Act shall be given five (5) years to obtain the minimum educational qualification and one (1) year to
satisfy the weight requirement.
After the lapse of the time of period for the satisfaction of a specific requirement, current uniformed
personnel of the BFP and the BJMP who will fail to satisfy any of the requirements enumerated under this
Section shall be separated from the service if they are below fifty (50) years of age and have served in the
government for less than twenty (20) years, or retired if they are age fifty (50) and above and have served in
the government for at least twenty (20) years without prejudice in either case to the payment of benefits
they may be entitled to under existing laws.
SEC. 5. Appointment of Uniformed Personnel to the BFP and the BJMP. – The appointment of the BFP and
the BJMP shall be affected in the following manners:
a) Fire/Jail Officer I to Senior Fire/Jail Officer IV. – Appointed by the respective Regional Director for
Fire Protection and Regional Director for Jail Management and Penology for the regional office
uniformed personnel or by the respective Chief of the Fire Bureau and Chief of the Jail Bureau for
the national headquarters office uniformed personnel, and attested by the Civil Service Commission
(CSC);
b) "Fire/Jail Inspector to Fire/Jail Superintendent. – Appointed by the respective Chief of the Fire
Bureau and Chief of the Jail Bureau, as recommended by their immediate superiors, and attested by
the CSC;
c) Fire/Jail Senior Superintendent. – Appointed by the Secretary of the DILG upon recommendation
of the respective Chief of the Fire Bureau and Chief of the Jail Bureau, with the proper attestation of
the CSC; and
d) Fire/ Jail Chief Superintendent. To Fire/Jail Director.- Appointed by the President upon
recommendation of the Secretary of the DILG, with the proper endorsement by the Chairman of the
CSC.
SEC. 6. Lateral Entry of Officer into the BFP and the BJMP. – In general, all original appointments of officers
in the Fire Bureau and Jail Bureau shall commence the rank of fire/jail inspector wherein applicants for
lateral entry into the BFP shall include all those with highly specialized and technical qualifications such as,
but not limited to, civil engineers, mechanical engineers, electrical engineers, chemical engineers, chemist,
architects, criminologists, certified public accountants, nurses, physical therapists, and dentists, while
applicants for lateral entry into the BJMP shall include all those with highly specialized and technical
qualifications such as, but not limited to, social workers, psychologists, teachers, nurses, dentists and
engineers. Doctor of Medicine, members of the Philippine Bar and chaplains shall be appointed to the rank
of fire/jail senior inspector in their particular technical service. Graduate of the Philippine National Police
Academy (PNPA) shall be automatically appointed to the initial rank of fire/jail inspector.
SEC. 7. Professionalization and Upgrading of Qualification Standards in the Designation of Uniformed
Personnel of the BFP and the BJMP to Key Positions. -
a) No person shall be designated to the following key positions of the BFP and the BJMP unless
he/she has met the qualifications provided therein:
1) Municipal Fire Marshal. – Should have the rank of senior inspector, who must have
finished at least second year Bachelor of Laws or earned at least twelve (12) units in a
master's degree program in public administration, management, engineering, public safety,
criminology or other related discipline from recognized institution of learning, and must
have satisfactory passed the necessary training of career courses for such position as may
be established by the Fire Bureau;
2) City Fire Marshal. - Should the rank of chief of senior inspector, who must have finished
at least second year Bachelor of Laws or earned at least twenty four (24) units in a master's
degree program in public administration, management, engineering, public safety,
criminology or other related disciplines from recognized institution of learning, and must
have satisfactory passed the necessary training or career courses for such position as may
be established by the Fire Bureau;
3) District Fire Marshal, Provincial Fire Marshal, Assistant Regional Director for
Administration, Assistant Regional Director for Operations and Regional Chief of Directorial
Staff. – Should have the rank of superintendent, who must be a graduate of Bachelor of
Laws or a holder of a mater's degree in public administration, management, engineering,
public safety, criminology or other related disciplines from recognized institution of
learning, and must have satisfactory passed the necessary training or career courses for
such position as may be established by the Fire Bureau;
4) District Fire Marshal for the National Capital Region, Regional Director for Fire Protection
and Director of the Directorate of the National Headquarters Office. – Should have at least
the rank of senior superintendent, who must be a graduate of Bachelor of Laws or a holder
of master's degree in public administration, management, engineering, public safety,
criminology or other related disciplines from a recognized institution of learning, and must
have satisfactory passed the necessary training or career course for such position as may be
established by the Fire Bureau;
5) Deputy Chief for Administration of the Fire Bureau, Deputy Chief for Operations of the
Fire Bureau and Chief Directorial Staff of the Fire Bureau.- Should have the rank of
superintendent, who must be a member of the Philippine Bar or a holder of a master's
degree in public administration, management, engineering, public safety, criminology or
other related disciplines from recognized institution of learning, and must have satisfactory
passed the necessary training or career courses for such as may be established by the Fire
Bureau; and
6) Chief of the Fire Bureau. – Should have the rank of director, who must be a member of
the Philippine Bar or a holder of a master's degree in public administration, management,
engineering, public safety, criminology or other related discipline from a recognized
institution of learning, and must satisfactory passed the necessary training or career courses
for such position as may be established by the Fire Bureau.
b) No person shall be designated to the following key positions of the BJMP unless he/she has met
the qualification provided therein:
1) Municipal Jail Warden. – Should have the rank of chief inspector, who have finished at
least second year Bachelor of Laws or earned at least twelve (12) units in a master' degree
program in management, public administration, public safety, criminology, penology,
sociology, national security administration, defense studies, or other related disciplines from
a recognized institution of learning, and must have satisfactory passed the necessary
training or career courses for such position as may be established by the Jail Bureau;
2) City Jail Warden. – Should have the rank of chief inspector, who must have finished at
least second year Bachelor of Laws or earned at least twenty four (24) units in master's
degree program in management, public administration, public safety, criminology, penology,
sociology, national security administration, defense studies or related disciplines from a
recognized institution of learning and must satisfactory passed the necessary training or
career courses for such position as may be established by the Jail Bureau: Provided, That in
city jails with a population of one thousand (1,000) or more inmates, the city jail warden
shall the rank and qualification of a district jail warden;
3) District Jail Warden, Provincial Jail Administrator, Assistant Regional Director for
Administration, Assistant Regional Director for Operations and Regional Chief of Directorial
Staff. – Should have the rank of senior superintendent, who must be a graduate of Bachelor
of Laws or a holder of a master's degree in management, public administration, public
safety, criminology, penology, sociology, national security administration, defense studies or
other related discipline from a recognized institution of learning, and must satisfactory
passed the necessary training or career courses for such position as may be established by
the Jail bureau;
4) Regional Director for Jail Management and Penology and Director of the Directorate of
the National Headquarters Office. – Should have the rank of senior superintendent, who
must be a graduate of Bachelor of Laws or a holder of a master's degree in management,
public administration, public safety, criminology, penology, sociology, national security
administration, defense studies or other related discipline from a recognized institution of
learning, and must satisfactory passed the necessary training or career courses for such
position as may be established by the Jail bureau;
5) Deputy Chief for Administration of the Jail Bureau, Deputy Chief for Operations of the Jail
Bureau and Chief of Directorial Staff of the Jail Bureau. – Should have the rank of senior
superintendent, who must be a member of the Philippine Bar or a holder of a master's
degree in management, public administration, public safety, criminology, penology,
sociology, national security administration, defense studies or other related discipline from
a recognized institution of learning, and must satisfactorily passed the necessary training or
career courses for such position as may be established by the Jail bureau; and
6) Chief of the Jail Bureau. – Should have the rank of director, who must be a member of the
Philippine Bar or a holder of a master's degree in management, public administration,
public safety, criminology, penology, sociology, national security administration, defense
studies or other related discipline from a recognized institution of learning, and must
satisfactorily passed the necessary training or career courses for such position as may be
established by the Jail bureau.
Any uniformed personnel of the BFP and the BJMP who is currently occupying such position but lacks any of
the qualifications mentioned therein shall be given three (3) years upon the effectivity of this Act to comply
with the requirements, otherwise he/she shall be relieved from the position.
SEC. 8. Professionalization and Qualifications Upgrading Program. – The DILG shall design and establish a
professionalization and qualifications upgrading program for uniformed personnel of the BFP and the BJMP
in coordination with the CSC and the Commission on Higher Education (CHED) though an off-campus
education program or other similar programs within ninety (90) days from the effectivity of this Act.
SEC. 9. Attrition System for the Uniformed Personnel of the BFP and the BJMP. - There shall be established
a system of attrition for the uniformed personnel of the BFP and the BJMP within one (1) year from the
effectivity of this Act to be submitted by said bureaus to the DILG for approval. Such attrition system shall
include, but is not limited to, the provision of the following principles:
a) Attrition by Demotion in Position or Rank. – Any uniformed personnel of the BFP and the BJMP
who is relieved and assigned to a position lower than that is established for his/her grade in the
respective staffing pattern of the Fire Bureau and the Jail Bureau, and who shall not be assigned to a
position commensurate to his/her grade within two (2) years after such demotion in position shall
be separated or retired from the service;
b) Attrition by Non-Promotion. – Any uniformed personnel of the BFP and the BJMP who has not
been promoted for a continuous period of ten (10) years shall be separated or retired from the
service, except for those who are occupying a third-level position;
c) Attrition by Other Means. – Any uniformed personnel of the BFP and the BJMP with at least five
(5) years of accumulated active service shall be separated from the service based on any of the
following factors:
1) Inefficiency based on poor performance during the last two (2) successive semestral
ratings period;
2) Inefficiency based on poor performance for three (3) cumulative semestral rating period;
3) Physical and/or mental incapacity to perform his/her duties and functions; or
4) Failure to complete the required career courses and/or appropriate civil service eligibility
for his/her position except for justifiable; and
d) Separation or Retirement from the Fire Bureau and the Jail Bureau under this Section. – Any
personnel who is dismissed from the BFP and the BJMP pursuant to the above-enumerated
principles in this Section shall be separated if he/she has rendered less than twenty (20) years of
service, and be retired if he/she has rendered at least twenty (20) years of service unless the
concerned personnel is disqualified by law to receive such benefits.
SEC. 10. Promotion System for the Uniformed Personnel of the BFP and BJMP. – Within six (6) months after
the effectivity of this Act, the DILG shall establish a system of promotion for the uniformed personnel of the
BFP and the BJMP though the following principles:
a) Rationalized Promotion System. – The system of promotion shall be based on merits and on the
availability of vacant ranks in the BFP and the BJMP staffing pattern. Such system shall be gender-
fair so as to ensure that women personnel of the Fire Bureau and the Jail Bureau shall enjoy equal
opportunity for promotion as to men;
b) Requirement for Promotion. -
1) Any personnel of the BFP and the BJMP shall not eligible for promotion to a higher rank
unless he/she has met the minimum qualification standards or the appropriate civil service
eligibility set by the CSC, and has the satisfactorily passed the required
psychiatric/psychological, drug and physical test;
2) Any personnel of the BFP and the BJMP who has exhibited act of conspicuous courage
and gallantry at the risk his/her life above and beyond the call of duty, or selected as such in
a nationwide search conducted by any accredited civic organization, shall be promoted to
the next higher rank, Provided, that these shall be validated by the DILG and the CSC based
on established criteria.
SEC. 11. Performance Evaluation System. - There shall be established a performance evaluation system
which shall be administered with accordance with the rules, regulations and standards, and a code of
conduct for the uniformed personnel of the BFP and the BJMP to be promulgated by the Fire Bureau and
the Jail Bureau through the DILG. Such performance evaluation system shall be administered in such a way
as to foster the improvement of the individual efficiency and behavioral discipline as well as the promotion
of organizational effectiveness and commitment to service.
The rating system as contemplated herein shall be based on standard prescribed by the Fire Bureau and the
Jail Bureau through the DILG and shall be consider the result of the annual psychiatric/psychological and
physical test conducted on the uniformed personnel of the BFP and the BJMP.
SEC. 12. Standardization of the Base Pay, Retirement and other Benefits of the Uniformed Personnel of
the BFP and the BJMP. – In order to enhance the general welfare, commitment to service and
professionalism of the uniformed personnel of the BFP and the BJMP, they shall receive the minimum
starting salary equivalent to the salary grade level of the corresponding rank classification of their
counterparts in the PNP, as provided under Section 36 of Republic Act No. 8551, and in the AFP, as provided
under Section 2 of Republic Act No. 9166.
The rate of the base pay of the uniformed personnel of the BFP and the BJMP shall be adjusted in
accordance with the following salary grade schedule:
RANK SALARY GRADE
Fire/Jail Director 28
Fire/Jail Superintendent 25
Fire/Jail Officer II 12
Fire/Jail Officer I 10
Provided, that all benefits currently receive by the uniformed personnel of the BFP and the BJMP under
existing laws shall continue to be received by them: Provided, Further, That their retirement pay shall be
subject to adjustment/s based on the prevailing scale of base pay of the uniformed personnel in the active
service.
SEC. 13. Implementation. – The implementation of this Act shall be undertaken in staggered phases, but
not to exceed three (3) years, taking into consideration the financial position of the national
government: Provided, that any partial implementation shall be uniform and proportionate for all ranks.
SEC. 14. Implementation Rules and Regulations. – The DILG in coordination with the BFP and the BJMP, the
CSC, the Department of Budget and Management (DBM), and the Department of Finance (DOF) shall,
within ninety (90) days from the effectivity of this Act, promulgate the rules and regulations necessary to
implement the provision of this Act.
SEC. 15. Annual Report. – The BFP and the BJMP through the DILG and the DBM shall jointly submit to the
President of the Senate and the Speaker of the House of Representatives an annual report on the
implementation of this Act. This report shall include information on the application of the budget for the
salary and other benefits provided under this Act. The DBM, in consultation with the BFP and the BJMP
though the DILG, shall periodically review and adjust every five (5) years the rates of base pay, taking into
consideration labor productivity, consumer price index, oil price and other similar economic indicators as
may be determined by the National Economic and Development authority (NEDA).
SEC. 16. Separability Clause. – If any portion or provision of this Act is declared unconstitutional, the same
shall not affect the validity and effectivity of the other provisions not affected thereby.
SEC. 17. Repealing Clause. – All laws, decrees, orders, rules and regulations, and other issuances, or parts
thereof, which are inconsistent with the provisions of this Act, are hereby deemed repealed, amended or
modified accordingly.
SEC. 18. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in the Official
Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.
Approved,
FRANKLIN DRILON JOSE DE VENECIA JR.
President of the Senate Speaker of the House of
Representatives
This Act which is a consolation of Senate Bill No. 2373 and House Bill No. 6557 was finally passed by the
Senate and the House of Representatives on January 29, 2004 and February 2, 2004, respectively.
OSCAR G. YABES ROBERTO P. NAZARENO
Secretary of Senate Secretary General
House of Represenatives
RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9592, AN ACT EXTENDING FOR FIVE
(5) YEARS THE REGLEMENTARY PERIOD FOR COMPLYING WITH THE MINIMUM EDUCATIONAL
QUALIFICATION AND APPROPRIATE ELIGIBILITY IN THE APPOINTMENT TO THE BUREAU OF FIRE
PROTECTION (BFP) AND THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), AMENDING FOR
THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 9263, OTHERWISE KNOWN AS THE “BUREAU
OF FIRE PROTECTION AND BUREAU OF JAIL MANAGEMENT AND PENOLOGY PROFESSIONALIZATION ACT
OF 2004” AND FOR OTHER PURPOSES
Pursuant to Section 3 of Republic Act No. 9592 which took effect on May 27, 2009, the Department
of the Interior and Local Government, in coordination with the Bureau of Fire Protection, the Bureau of Jail
Management and Penology, the Civil Service Commission and the Commission on Higher Education (CHED),
hereby adopts and promulgates the following implementing rules and regulations:
RULE I
Initial Appointment – No person shall be appointed as uniformed personnel of the BFP and the
BJMP unless he/she possesses the following minimum qualifications:
Must have passed the psychiatric/psychological, drug and physical tests for the purpose of
determining his/her physical and mental health;
Must not have been dishonorably discharged or dismissed for cause from previous employment;
Must not have been convicted by final judgment of an offense or crime involving moral turpitude;
Must not be less than twenty-one (21) nor more than thirty (30) years of age;
Must be at least one meter and sixty-two centimeters (1.57 m.) in height for male, and one meter
and fifty-seven centimeters (1.52 m.) for female; Provided, that a waiver for height and age
requirements shall be automatically granted to applicants belonging to the cultural communities;
and
Must weigh not more or less than five kilograms (5 kgs.) from the standard weight corresponding to
his/her height, age and sex.
B. Incumbent Uniformed Personnel – All incumbent uniformed personnel of the BFP and the BJMP
shall continuously possess the qualifications under Section 1 paragraph A of this IRR, subject to the
following:
Uniformed personnel who are already in the service prior to the effectivity of
Republic Act No. 9263 shall be given another five (5) years to obtain the minimum
educational qualification and appropriate civil service eligibility to be reckoned from
May 27, 2009, the date of the effectivity of Republic Act No. 9592;
BFP and BJMP uniformed personnel who do not meet the minimum educational
qualification and eligibility requirement, but have rendered more than fifteen (15) years
of service at the time of the effectivity of Republic Act No. 9592 shall no longer be
required to comply with the aforementioned educational and eligibility requirements.
However, they shall not be qualified for promotion to the next higher rank via regular
promotion unless they have complied with the educational and eligibility requirements.
Nevertheless, they shall be exempted from Section 14, Rule VII and Section 14, Rule XVI
of the IRR of RA 9263 or the attrition provision of the law if not promoted within a
period of ten (10) consecutive years;
Similarly, incumbent BFP and BJMP uniformed personnel with first level civil service
eligibility prior to Republic Act No. 9263, shall be appointed in permanent status,
provided they met the other requirements of the rank;
After the lapse of the five-year reglementary period given to those who have served
the BFP or the BJMP for fifteen (15) years or less upon the effectivity of Republic Act
No. 9592, current BFP and BJMP uniformed personnel who still fail to satisfy any of the
aforementioned requirements shall be separated from the service if they are below fifty
(50) years of age and have served in the government for less than twenty (20) years, or
retired if they are from age fifty (50) and above and have served in the government for
at least twenty (20) years without prejudice in either case to the payment of benefits
they may be entitled to under existing laws; Provided, that personnel who have served
the government for at least twenty (20) years but whose age is less than fifty (50) may
avail of optional retirement.
SECTION 2. WAIVER FOR INITIAL APPOINTMENT TO THE BFP AND THE BJMP
1. Waiver for height and age, requirement shall be automatically granted by the Chief, BFP and the
Chief, BJMP to applicants belonging to the cultural communities; Provided, that applicants who
belong to cultural communities must submit proof of their membership in a particular cultural
minority as certified by the National Commission on Indigenous People (NCIP) or the Office of
Muslim Affairs (OMA).
2. In all other cases, as may be determined and upon recommendation of the BFP Personnel Selection
Board in the Regions or the National Headquarters, waiver of age and height requirement may be
granted by the Chief, BFP to applicants who possess any of the following:
Possession of special skills in fire suppression, fire prevention, knowledge and skill in
operation of heavy equipment, such as aerial ladder, squirt, lighting tower truck, rescue
tender and other apparatus and equipment, rescue and emergency medical services;
Mechanic with TESDA mechanic trade test certificate with expertise in pump operation,
auto diesel engine and auto electrical troubleshooting; or
Other skills that will sustain the traditions/other demands of the uniformed service.
Waiver for age and height requirements may only be granted by the Chief, BJMP upon the
recommendation of the National or the Regional Recruitment and Selection Board (NRSB/RRSB).
The recipient of a waiver in the BJMP shall possess any redeeming qualification, professional
competence or skill like:
Provided, that waiver under Section 2 paragraph B hereof may be granted only when the number of
qualified applicants falls below the minimum quota, except in cases where an applicant with waiver
possesses superior qualifications.
1. Waiver of age requirement under Section 2 paragraph B hereof may be granted provided that
the applicant shall not be over thirty-five (35) years of age. For purposes of this paragraph, one
is considered to be not over thirty-five (35) years old if he/she has not yet reached his or her
thirty-sixth (36th) birthday on the date of the effectivity of his/ her appointment; Provided, that
in case an applicant was previously with the government service, the age difference when the
number of years in the government is subtracted from his/ her actual age at the time of
appointment must not exceed forty (40) years; Provided, finally, that his/her previous
separation from the government service was not for cause;
2. Waiver of height requirement under Section 2 paragraph B hereof may be granted only to a
male applicant who is at least 1 meter and 57 centimeters (1.57m) and to a female applicant
who is at least 1 meter and 52 centimeters (1.52m); and
3. The height and age requirements shall only be waived subject to the condition that the
applicant meets and possesses all other qualification standards.
RULE II
SECTION 3. RATIONALIZED PROMOTION SYSTEM – The DILG through the recommendation of the BFP and
the BJMP shall establish a system of promotion for uniformed personnel of the BFP and the BJMP which
shall be based on merit and fitness in consonance with the Civil Service Law and Rules and on the
availability of vacant ranks in the BFP and the BJMP staffing pattern. Such system shall be gender-fair and
shall ensure that all members of the Fire Bureau and the Jail Bureau shall enjoy equal opportunity for
promotion.
SECTION 4. MODES OF PROMOTION – The two (2) modes of promotion in the BFP and the BJMP are as
follows:
A. Regular Promotion – Any uniformed personnel of the BFP and the BJMP who has met the
minimum qualifications for a rank which shall include education, experience, training, and
appropriate civil service eligibility, and has satisfactorily passed the required
psychiatric/psychological, drug and physical tests shall be eligible for promotion to the next higher
rank. For purposes of the eligibility requirement, BFP and BJMP personnel who have obtained
NAPOLCOM eligibility prior to the effectivity of Republic Act No. 9263, hereunder classified, shall be
considered to have complied with the appropriate civil service eligibility requirement.
Patrolman (CC)/(MN)
Patrolman Entrance (CC)/(MN)
Patrolwoman (CC)/(MN)
INP Entrance
Patrolman First Class (CC)/(MN)
Police Corporal (CC)/(MN)
Police Officer
Police Officer II
Police Officer III
PNP Entrance
Senior Police Officer I
Senior Police Officer II
Senior Police Officer III
Police Sergeant (CC)/(MN)
Police Officer Third Class (PO 3rd Class)
Fire Officer Third Class (FO 3rd Class)
Senior Police Officer IV
Senior Police Officer
Meritorious Promotion - Any uniformed personnel of the BFP and the BJMP who has
exhibited acts of conspicuous courage and gallantry at the risk of his/her life above and
beyond the call of duty shall be promoted to the next higher rank;
Special Promotion based on awards - BFP and BJMP personnel selected for an award in a
nationwide search conducted by any accredited civic organization shall be promoted to the
next higher rank;
Posthumous Promotion –any BFP or BJMP uniformed personnel who die in line of duty but
eligible for optional retirement should be given rank promotion.
All modes of special promotion shall be validated by the DILG and the CSC based on
respective BFP and BJMP established criteria as mandated by existing law.
Considering the peculiar nature of special promotion, qualification standards (QS) for
various ranks as approved by the CSC shall not apply. In lieu thereof, specific guidelines for special
promotion shall be prepared by the BFP and the BJMP in close coordination with the DILG and the
CSC. The guidelines may be amended to conform to the existing conditions and/or when such
amendment will serve greater public interest.
RULE III
FINAL PROVISIONS
SECTION 5. SEPARABILITY CLAUSE – If for any reason, any provision hereof is declared to be
unconstitutional or invalid, the other sections or provision hereof which are not affected thereby shall
continue to be in full force and effect.
SECTION 6. REPEALING CLAUSE – All laws, decrees, memorandum circulars, resolutions, orders and other
issuances or parts thereof which are inconsistent with Republic Act No. 9592 and with these Implementing
Rules and Regulations are hereby repealed, amended or modified accordingly.
SECTION 7. IMPLEMENTING DETAILS – The Department of the Interior and Local Government after
consultation with the BFP and the BJMP in coordination with the Civil Service Commission and Commission
on Higher Education may amend this Implementing Rules and Regulations or issue such additional rules and
regulations as may be necessary to carry into effect the intention of the law or further clarify any part
thereof.
SECTION 8. EFFECTIVITY – These Implementing Rules and Regulations shall take effect upon its publication
in two (2) newspapers of general circulation.
1. CSC Resolution No. 041366 – Qualification Standards for uniformed Personel Positions in the BFP
2. Memorandum Circular (MC) No. 2006-006 – BFP Guidelines and Standard Procedures in the
Recruitment, Selection and Appointment of Fire Officer 1 (FO1)
3. MC No. 2003-01 – Prescribing the Classification of the New General Office Attire (GOA) Uniform and
Additional Bush Jacket for Officers
4. MC No. 2007-005 – Prescribing a Standard Procedure for the Recruitment/Promotion of First And
Second Level Positions of Non-Uniformed Personnel (NUP) in the BFP
5. BFP SOP No. 2007-01 – BFP Recruit Orientation Program
6. RA 9263 – Professionalization Act
7. CSC Resolution No. 061386 – Qualification Standard for Information Officer as a Lateral Entry in the
BFP
8. MC No.___ - Amendment of the Quota Allocation of MC No. 2006-002 dated 17 Aug 2006 (Lateral
Entry Promotion to the Rank of Inspector for information Officers
9. CSC Resolution No. 041312 – Qualification Standards for Lateral Entry Positions in the BFP
10. MC No. 2007-002 – Prescribing a Standard Procedure for the Promotion of Uniformed Personnel for
Second Level Positions with the Rank of Inspector to Superintendent in the BFP
11. MC No. 2007-003 – Prescribing a Standard Procedure for the Promotion of Uniformed Personnel for
Second Level Positions with the Rank of Fire Officer 1 (FO1) to Senior Fire Officer 4 (SFO4) in the BFP
12. MC No. 2007-012 – Prescribing a Standard Procedure for the Lateral Entry Appointment in the BFP
for Outside Applicants
13. MC No. 2007-011 – Prescribing a Standard Procedure for the Lateral Entry Appointment in the BFP
for Organic Personnel
14. CSC Resolution No. 070629 – Revised Policies on Change of Status Appointment from Temporary to
Permanent
15. MC No. 2003-04 – Standard Operating Procedures in Mandatory Training
16. MC No. 2001-08 – Rules and Regulations Governing the BFP Scholarship Program
17. Fiscal Directives No. 2001-03 – Guidelines in the Payment of Scholarship Grant
18. MC No. 2007-15 – Reimbursement of the Hospitalization Expenses of the BFP Uniformed Personnel
in Active Service
19. PDC Resolution No. 2002-04 – A Resolution Amending the Policy Guidelines Governing the Granting
of Study Leave to All Personnel of the BFP
20. MC No. 2006-005 – Uniformed Rules on Administrative Cases in the BFP
21. MC No. 2003-10 – Revised Guidelines Implementing Sec 2, Rule XII of CSC MC No. 40, s. 1998, as
amended Implementing Book V of E.O. 292
22. MC No. ___ - BFP Guidelines Implementing Mandatory Drug Testing of BFP Personnel in compliance
to Sec. 36, RA 9165 (The Comprehensive Dangerous Act of 2002) and other provisions thereof
23. RA 9485 – Anti-Red Tape Act of 2007
24. BFP Resolution No. 2001-01 – A Resolution Establishing a Retirement and Separation Benefit System
for the Uniformed Personnel of the BFP
25. MC No. 2002-002 – Policy Guidelines in the Processing of Personnel Benefit Claims for Compulsory
Retirement of BFP
26. RA 6963 – An Act Granting SFA (Special Financial Assistance) and Benefits to the Family or
Beneficiary of Any Police or Military or Fireman Killed or Permanently Incapacitated while in the
Performance of Duty or by Reason of His Office or Position and for Other Purposes
27. Standard Operating Procedures (SOP) No. 2001-04 – Establishing the BFP Death & Disability Board
(DDB) and Prescribing Policies and Procedures in the Processing and Payment of Benefits Claim
28. MC No. 2007-004 – Prescribing Criteria and Standard Procedure in the Selection and Placement of
Key Officers in the BFP
29. MC No. 2003-03 – Policy Guidelines in Determining Authorized Lending Institution and Authorized
Salary Deductions in Consonance with GAA Y2002, section 36
30. DILG Circular No. 2006-12 – Supplemental Delegation of Authority
31. DILG Circular No. 2006-01 – Reitering and Supplementing Circular No. 99-18 dated 01 June 1999
Entitled, Comprehensive Delegation of Authority
32. CSC MC No. 15 – Revised Omnibus Rules and Appointments and Other Personnel Actions
33. CSC MC No. 40 – Additional Provisions and Amendments to CSC MC No. 40, s. 1998