AN ACT PROVIDIN FOR T!" R"FOR# AND R"ORANI$ATION OF T!" P!I%IPPIN" NATIONA% PO%IC" AND FOR OT!"R P&RPO'"', A#"NDIN C"RTAIN PROVI'ION' OF R"P&(%IC ACT N&#("R"D 'I)T*+NIN" !&NDR"D AND '"V"NT*+FIV" "NTIT%"D, ,AN ACT "'TA(%I'!IN T!" P!I%IPPIN" NATIONA% PO%IC" &ND"R A R"+ORANI$"D D"PART#"NT OF T!" INT"RIOR AND %OCA% OV"RN#"NT, AND FOR OT!"R P&RPO'"', Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: TIT%" I TIT%" AND D"C%ARATION OF PO%IC* 'ectio- 1. Title. This Act shall be known as the "Philippine National Police Reform and Reorganization Act of 199"! 'ectio- 2. Declaration of Policy and Principles. "t is hereb# declared the polic# of the $tate to establish a highl# efficient and competent police force which is national in scope and ci%ilian in character administered and controlled b# a national police commission! The Philippine National Police &PNP' shall be a comm(nit# and ser%ice oriented agenc# responsible for the maintenance of peace and order and p(blic safet#! The PNP shall be so organized to ens(re acco(ntabilit# and (prightness in police e)ercise of discretion as well as to achie%e efficienc# and effecti%eness of its members and (nits in the performance of their f(nctions! TIT%" II T!" RO%" OF T!" PNP IN CO&NT"R+IN'&R"NC* F&NCTION' 'ectio- .. $ection 1* of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 1*! Relationship of the 0epartment with the 0epartment of National 0efense! The 0epartment of the "nterior and 1ocal 2o%ernment shall be relie%ed of the primar# responsibilit# on matters in%ol%ing the s(ppression of ins(rgenc# and other serio(s threats to national sec(rit#! The Philippine National Police shall3 thro(gh information gathering and performance of its ordinar# police f(nctions3 s(pport the Armed 4orces of the Philippines on matters in%ol%ing s(ppression of ins(rgenc#3 e)cept in cases where the President shall call on the PNP to s(pport the A4P in combat operations! ""n times of national emergenc#3 the PNP3 the 5(rea( of 4ire Protection3 and the 5(rea( of 6ail 7anagement and Penolog# shall3 (pon the direction of the President3 assist the armed forces in meeting the national emergenc#!" TIT%" III T!" NATIONA% PO%IC" CO##I''ION 'ectio- /. $ection 18 of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 18! /reation and /omposition! A National Police /ommission3 hereinafter referred to as the /ommission3 is hereb# created for the p(rpose of effecti%el# discharging the f(nctions prescribed in the /onstit(tion and pro%ided in this Act! The /ommission shall be an agenc# attached to the 0epartment for polic# and program coordination! "t shall be composed of a /hairperson3 fo(r &9' reg(lar /ommissioners3 and the /hief of PNP as e):officio member! Three &8' of the reg(lar commissioners shall come from the ci%ilian sector who are neither acti%e nor former members of the police or militar#3 one &1' of whom shall be designated as %ice chairperson b# the President! The fo(rth reg(lar commissioner shall come from the law enforcement sector either acti%e or retired: Pro%ided3 That an acti%e member of a law enforcement agenc# shall be considered resigned from said agenc# once appointed to the /ommission: Pro%ided3 f(rther3 That at least one &1' of the /ommissioners shall be a woman! The $ecretar# of the 0epartment shall be the e):officio /hairperson of the /ommission3 while the ;ice /hairperson shall act as the e)ec(ti%e officer of the /ommission!" 'ectio- 5. $ection 19 of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 19! Powers and 4(nctions of the /ommission! The /ommission shall e)ercise the following powers and f(nctions: "&a' .)ercise administrati%e control and operational s(per%ision o%er the Philippine National Police which shall mean the power to: "1' 0e%elop policies and prom(lgate a police man(al prescribing r(les and reg(lations for efficient organization3 administration3 and operation3 incl(ding criteria for manpower allocation3 distrib(tion and deplo#ment3 recr(itment3 selection3 promotion3 and retirement of personnel and the cond(ct of <(alif#ing entrance and promotional e)aminations for (niformed members= "*' .)amine and a(dit3 and thereafter establish the standards for s(ch p(rposes on a contin(ing basis3 the performance3 acti%ities3 and facilities of all police agencies thro(gho(t the co(ntr#= "8' .stablish a s#stem of (niform crime reporting= "9' /ond(ct an ann(al self:report s(r%e# and compile statistical data for the acc(rate assessment of the crime sit(ation and the proper e%al(ation of the efficienc# and effecti%eness of all police (nits in the co(ntr#= "-' Appro%e or modif# plans and programs on ed(cation and training3 logistical re<(irements3 comm(nications3 records3 information s#stems3 crime laborator#3 crime pre%ention and crime reporting= "+' Affirm3 re%erse or modif#3 thro(gh the National Appellate 5oard3 personnel disciplinar# actions in%ol%ing demotion or dismissal from the ser%ice imposed (pon members of the Philippine National Police b# the /hief of the Philippine National Police= ",' .)ercise appellate >(risdiction thro(gh the regional appellate boards o%er administrati%e cases against policemen and o%er decisions on claims for police benefits= "' Prescribe minim(m standards for arms3 e<(ipment3 and (niforms and3 after cons(ltation with the Philippine ?eraldr# /ommission3 for insignia of ranks3 awards3 and medals of honor! @ithin ninet# &9A' da#s from the effecti%it# of this Act3 the standards of the (niformed personnel of the PNP m(st be re%ised which sho(ld be clearl# distinct from the militar# and reflecti%e of the ci%ilian character of the police= "9' "ss(e s(bpoena and s(bpoena d(ces tec(m in matters pertaining to the discharge of its own powers and d(ties3 and designate who among its personnel can iss(e s(ch processes and administer oaths in connection therewith= "1A' "nspect and assess the compliance of the PNP on the established criteria for manpower allocation3 distrib(tion3 and deplo#ment and their impact on the comm(nit# and the crime sit(ation3 and thereafter form(late appropriate g(idelines for ma)imization of reso(rces and effecti%e (tilization of the PNP personnel= "11' 7onitor the performance of the local chief e)ec(ti%es as dep(ties of the /ommission= and "1*' 7onitor and in%estigate police anomalies and irreg(larities! "b' Ad%ise the President on all matters in%ol%ing police f(nctions and administration= "c' Render to the President and to the /ongress an ann(al report on its acti%ities and accomplishments d(ring the thirt# &8A' da#s after the end of the calendar #ear3 which shall incl(de an appraisal of the conditions obtaining in the organization and administration of police agencies in the m(nicipalities3 cities and pro%inces thro(gho(t the co(ntr#3 and recommendations for appropriate remedial legislation= "d' Recommend to the President3 thro(gh the $ecretar#3 within si)t# &+A' da#s before the commencement of each calendar #ear3 a crime pre%ention program= and "e' Perform s(ch other f(nctions necessar# to carr# o(t the pro%isions of this Act and as the President ma# direct!" 'ectio- 0. $ection 1- of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 1-! B(alifications! No person shall be appointed reg(lar member of the /ommission (nless: "&a' ?e or she is a citizen of the Philippines= "&b' A member of the Philippine 5ar with at least fi%e &-' #ears e)perience in handling criminal or h(man rights cases or a holder of a masterCs degree b(t preferabl# a doctorate degree in p(blic administration3 sociolog#3 criminolog#3 criminal >(stice3 law enforcement3 and other related disciplines= and "&c' The reg(lar member coming from the law enforcement sector sho(ld ha%e practical e)perience in law enforcement work for at least fi%e &-' #ears while the three &8' other reg(lar commissioners m(st ha%e done e)tensi%e research work or pro>ects on law enforcement3 criminolog# or criminal >(stice or members of a d(l# registered non:go%ernment organization in%ol%ed in the promotion of peace and order!" 'ectio- 1. $ection 1+ of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 1+! Term of Dffice! The fo(r &9' reg(lar and f(ll:time /ommissioners shall be appointed b# the President for a term of si) &+' #ears witho(t re:appointment or e)tension!" 'ectio- 8. Expiration of the Terms of ffice of Current Commissioners! Epon the effecti%it# of this Act the terms of office of the c(rrent /ommissioners are deemed e)pired which shall constit(te a bar to their reappointment or an e)tension of their terms in the /ommission e)cept for c(rrent /ommissioners who ha%e ser%ed less than two &*' #ears of their terms of office who ma# be appointed b# the President for a ma)im(m term of two &*' #ears! 'ectio- 9. $ection 1, of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 1,! Temporar# or Permanent "ncapacit# of the /hairperson! "n case of absence d(e to the temporar# incapacit# of the chairperson3 the ;ice chair shall ser%e as /hairperson (ntil the /hairperson is present or regains capacit# to ser%e! "n case of death or permanent incapacit# or dis<(alification of the chairperson3 the acting chairperson shall also act as s(ch (ntil a new chairperson shall ha%e been appointed b# the President and <(alified!" 'ectio- 12. $ection *A of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! *A! Drganizational $tr(ct(re! The /ommission shall consist of the following (nits: "&a' /ommission Proper! This is composed of the offices of the /hairman and fo(r &9' /ommissioners! "&b' $taff $er%ices! The staff ser%ices of the /ommission shall be as follows: "&1' The Planning and Research $er%ice3 which shall pro%ide technical ser%ices to the /ommission in areas of o%erall polic# form(lation3 strategic and operational planning3 management s#stems or proced(res3 e%al(ation and monitoring of the /ommissionCs programs3 pro>ects and internal operations= and shall cond(ct thoro(gh research and anal#sis on social and economic conditions affecting peace and order in the co(ntr#= "&*' The 1egal Affairs $er%ice3 which shall pro%ide the /ommission with efficient and effecti%e ser%ice as legal co(nsel of the /ommission= draft or st(d# contracts affecting the /ommission and s(bmit appropriate recommendations pertaining thereto= and render legal opinions arising from the administration and operation of the Philippine National Police and the /ommission= "&8' The /rime Pre%ention and /oordination $er%ice3 which shall (ndertake criminological researches and st(dies= form(late a national crime pre%ention plan= de%elop a crime pre%ention and information program and pro%ide editorial direction for all criminolog# research and crime pre%ention p(blications= "&9' The Personnel and Administrati%e $er%ice3 which shall perform personnel f(nctions for the /ommission3 administer the entrance and promotional e)aminations for policemen3 pro%ide the necessar# ser%ices relating to records3 correspondence3 s(pplies3 propert# and e<(ipment3 sec(rit# and general ser%ices3 and the maintenance and (tilization of facilities3 and pro%ide ser%ices relating to manpower3 career planning and de%elopment3 personnel transactions and emplo#ee welfare= "&-' The "nspection3 7onitoring and "n%estigation $er%ice3 which shall cond(ct contin(o(s inspection and management a(dit of personnel3 facilities and operations at all le%els of command of the PNP3 monitor the implementation of the /ommissionCs programs and pro>ects relati%e to law enforcement= and monitor and in%estigate police anomalies and irreg(larities= "&+' The "nstallations and 1ogistics $er%ice3 which shall re%iew the /ommissionCs plans and programs and form(late policies and proced(res regarding ac<(isition3 in%entor#3 control3 distrib(tion3 maintenance and disposal of s(pplies and shall o%ersee the implementation of programs on transportation facilities and installations and the proc(rement and maintenance of s(pplies and e<(ipment= and "&,' The 4inancial $er%ice3 which shall pro%ide the /ommission with staff ad%ice and assistance on b(dgetar# and financial matters3 incl(ding the o%erseeing of the processing and disb(rsement of f(nds pertaining to the scholarship program and s(r%i%ing children of deceased andFor permanentl# incapacitated PNP personnel! "&c' 0isciplinar# Appellate 5oards The /ommission shall establish a formal administrati%e disciplinar# appellate machiner# consisting of the National Appellate 5oard and the regional appellate boards! "The National Appellate 5oard shall decide cases on appeal from decisions rendered b# the PNP chief3 while the regional appellate boards shall decide cases on appeal from decisions rendered b# officers other than the PNP chief3 the ma#or3 and the PeopleCs 1aw .nforcement 5oard &P1.5' created here(nder!" 'ectio- 11. $ection ** of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! **! B(alifications of Regional 0irectors! No person shall be appointed regional director (nless: "&a' ?e or she is a citizen of the Philippines= and "&b' A holder of a masterCs degree and appropriate ci%il ser%ice eligibilit#!" 'ectio- 12. Qualifications Upgrading Program. The /ommission shall design and establish a <(alifications (pgrading program for the members of the /ommission in coordination with the /i%il $er%ice /ommission3 the 0epartment of .d(cation3 /(lt(re and $ports and the /ommission on ?igher .d(cation thro(gh a distance ed(cation program andFor an in:ser%ice ed(cation program or similar programs within ninet# &9A' da#s from the effecti%it# of this Act: Pro%ided3 That those who are alread# in the ser%ice from the effecti%it# of this Act shall ha%e fi%e &-' #ears to obtain the re<(ired degree or <(alification co(nted from the implementation of the <(alifications (pgrading program! TIT%" IV T!" P!I%IPPIN" NATIONA% PO%IC" A. R"ORANI$ATION 'ectio- 1.. Authority of the Commission to Reorganize the PNP. Notwithstanding the pro%isions of Rep(blic Act No! +9,- on the organizational str(ct(re and rank classification of the PNP3 the /ommission shall cond(ct a management a(dit3 and prepare and s(bmit to /ongress a proposed reorganization plan of the PNP not later than 0ecember 813 1993 s(b>ect to the limitations pro%ided (nder this Act and based on the following criteria: a' increased police %isibilit# thro(gh dispersal of personnel from the head<(arters to the field offices and b# the appointment and assignment of non:(niformed personnel to positions which are p(rel# administrati%e3 technical3 clerical or menial in nat(re and other positions which are not act(all# and directl# related to police operation= and b' efficient and optimized deli%er# of police ser%ices to the comm(nities! The PNP reorganization program shall be appro%ed b# /ongress thro(gh a >oint resol(tion! (. 3&A%IFICATION' &PRADIN 'ectio- 1/. $ection 8A of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 8A! 2eneral B(alifications for Appointment! No person shall be appointed as officer or member of the PNP (nless he or she possesses the following minim(m <(alifications: "a' A citizen of the Philippines= "b' A person of good moral cond(ct= "c' 7(st ha%e passed the ps#chiatricFps#chological3 dr(g and ph#sical tests to be administered b# the PNP or b# an# NAPD1/D7 accredited go%ernment hospital for the p(rpose of determining ph#sical and mental health= "d' 7(st possess a formal baccala(reate degree from a recognized instit(tion of learning= "e' 7(st be eligible in accordance with the standards set b# the /ommission= "f' 7(st not ha%e been dishonorabl# discharged from militar# emplo#ment or dismissed for ca(se from an# ci%ilian position in the 2o%ernment= "g' 7(st not ha%e been con%icted b# final >(dgment of an offense or crime in%ol%ing moral t(rpit(de= "h' 7(st be at least one meter and si)t#:two centimeters &1!+* m!' in height for male and one meter and fift#:se%en centimeters &1!-, m!' for female= "i' 7(st weigh not more or less than fi%e kilograms &- kgs!' from the standard weight corresponding to his or her height3 age3 and se)= and ">' 4or a new applicant3 m(st not be less than twent#:one &*1' nor more than thirt# &8A' #ears of age: e)cept for the last <(alification3 the abo%e:en(merated <(alifications shall be contin(ing in character and an absence of an# one of them at an# gi%en time shall be a gro(nd for separation or retirement from the ser%ice: Pro%ided3 That PNP members who are alread# in the ser%ice (pon the effecti%it# of this Act shall be gi%en at least two &*' more #ears to obtain the minim(m ed(cational <(alification and one &1' #ear to satisf# the weight re<(irement! "4or the p(rpose of determining compliance with the re<(irements on ph#sical and mental health3 as well as the non:(se of prohibited dr(gs3 the PNP b# itself or thro(gh a NAPD1/D7 accredited go%ernment hospital shall cond(ct reg(lar ps#chiatric3 ps#chological dr(g and ph#sical tests randoml# and witho(t notice! "After the lapse of the time period for the satisfaction of a specific re<(irement3 c(rrent members of the PNP who will fail to satisf# an# of the re<(irements en(merated (nder this $ection shall be separated from the ser%ice if the# are below fift# &-A' #ears of age and ha%e ser%ed in 2o%ernment for less than twent# &*A' #ears or retired if the# are from the age of fift# &-A' and abo%e and ha%e ser%ed the 2o%ernment for at least twent# &*A' #ears witho(t pre>(dice in either case to the pa#ment of benefits the# ma# be entitled to (nder e)isting laws!" 'ectio- 15. Waiers for !nitial Appointments to the PNP. The age3 height3 weight3 and ed(cational re<(irements for initial appointment to the PNP ma# be wai%ed onl# when the n(mber of <(alified applicants fall below the minim(m ann(al <(ota: Pro%ided3 That an applicant shall not be below twent# &*A' nor o%er thirt#:fi%e &8-' #ears of age: Pro%ided3 f(rther3 That an# applicant not meeting the weight re<(irement shall be gi%en reasonable time b(t not e)ceeding si) &+' months within which to compl# with the said re<(irement: Pro%ided3 f(rthermore3 That onl# applicants who ha%e finished second #ear college or ha%e earned at least se%ent#:two &,*' collegiate (nits leading to a bachelorCs decree shall be eligible for appointment: Pro%ided3 f(rthermore3 That an#bod# who will enter the ser%ice witho(t a baccala(reate degree shall be gi%en a ma)im(m of fo(r &9' #ears to obtain the re<(ired ed(cational <(alification: Pro%ided3 finall#3 That a wai%er for height re<(irement shall be a(tomaticall# granted to applicants belonging to the c(lt(ral comm(nities! 'ectio- 10. "election Criteria Under the Waier Program. The selection of applicants (nder the @ai%er Program shall be s(b>ect to the following minim(m criteria: a' Applicants who possess the least dis<(alification shall take precedence o%er those who possess more dis<(alifications! b' The re<(irements shall be wai%ed in the following order: &a' age3 &b' height3 &c' weight3 and &d' ed(cation! The /ommission shall prom(lgate r(les and reg(lations to address other sit(ations arising from the wai%er of the entr# re<(irements! 'ectio- 11. Nature of Appointment Under a Waier Program. An# PNP (niformed personnel who is admitted d(e to the wai%er of the ed(cational or weight re<(irements shall be iss(ed a temporar# appointment pending the satisfaction of the re<(irement wai%ed! An# member who will fail to satisf# an# of the wai%ed re<(irements within the specified time periods (nder $ection 18 of this Act shall be dismissed from the ser%ice! 'ectio- 18. Re#application of Dismissed PNP $em%ers Under a Waier Program. An# PNP member who shall be dismissed (nder a wai%er program shall be eligible to re:appl# for appointment to the PNP: Pro%ided3 That he or she possesses the minim(m <(alifications (nder $ection 19 of this Act and his or her reappointment is not b# %irt(e of another wai%er program! 'ectio- 19. The &ield Training Program. All (niformed members of the PNP shall (ndergo a 4ield Training Program for twel%e &1*' months in%ol%ing act(al e)perience and assignment in patrol3 traffic3 and in%estigation as a re<(irement for permanenc# of their appointment! 'ectio- 22. !ncreased Qualifications for Proincial Directors. No person ma# be appointed 0irector of a Pro%incial Police Dffice (nless: a' he or she holds a masterCs degree in p(blic administration3 sociolog#3 criminolog#3 criminal >(stice3 law enforcement3 national sec(rit# administration3 defense st(dies3 or other related discipline from a recognized instit(tion of learning= and b' has satisfactoril# passed the re<(ired training and career co(rses necessar# for the position as ma# be established b# the /ommission! An# PNP personnel who is c(rrentl# occ(p#ing the position b(t lacks an# of the <(alifications mentioned abo%e shall be gi%en three &8' #ears (pon the effecti%it# of this Act to compl# with the re<(irements= otherwise he or she shall be relie%ed from the position! 'ectio- 21. $ection 8* of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 8*! .)aminations of Policemen! The National Police /ommission shall administer the entrance and promotional e)aminations for policemen on the basis of the standards set b# the /ommission!" 'ectio- 22. $ection 89 of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 89! B(alifications of /hief of /it# and 7(nicipal Police $tations! No person shall be appointed chief of a cit# police station (nless heFshe is a grad(ate of 5achelor of 1aws or has finished all the re<(ired co(rses of a masterCs degree program in p(blic administration3 criminolog#3 criminal >(stice3 law enforcement3 national sec(rit# administration3 defense st(dies3 and other related disciplines from a recognized instit(tion of learning! No person shall be appointed chief of a m(nicipal police station (nless he or she has finished at least second #ear 5achelor of 1aws or has earned at least twel%e &1*' (nits in a masterCs degree program in p(blic administration3 criminolog#3 criminal >(stice3 law enforcement3 national sec(rit# administration3 and other related disciplines from a recognized instit(tion of learning: Pro%ided3 That members of the 5ar with at least fi%e &-' #ears of law practice3 licensed criminologists or grad(ates of the Philippine National Police Academ# and who possess the general <(alifications for initial appointment to the PNP shall be <(alified for appointment as chief of a cit# or m(nicipal police station: Pro%ided3 f(rther3 That the appointee has s(ccessf(ll# passed the re<(ired field training program and has complied with other re<(irements as ma# be established b# the /ommission: Pro%ided3 f(rthermore3 That the chief of police shall be appointed in accordance with the pro%isions of $ection -13 paragraph &b'3 s(bparagraph 9&i' of this Act!" 'ectio- 2.. Qualifications Upgrading Program. The /ommission shall design and establish a <(alifications (pgrading program for the Philippine National Police officers and members in coordination with the /i%il $er%ice /ommission3 and the /ommission on ?igher .d(cation thro(gh a distance ed(cation program andFor an in:ser%ice ed(cation program or other similar programs within ninet# &9A' da#s from the effecti%it# of this Act! C. ATTRITION '*'T"# FOR &NIFOR#"D P"R'ONN"% 'ectio- 2/. Attrition "ystem. There shall be established a s#stem of attrition within the (niformed members of the PNP within one &1' #ear from the effecti%it# of this Act to be s(bmitted b# the PNP to the /ommission for appro%al! $(ch attrition s#stem shall incl(de b(t is not limited to the pro%isions of the following sections! 'ectio- 25. Attrition %y Attainment of $a'imum Tenure in Position. The ma)im(m ten(re of PNP members holding ke# positions is hereb# prescribed as follows: PD$"T"DN 7AG"7E7 T.NER. /hief fo(r &9' #ears 0ep(t# /hief fo(r &9' #ears 0irector of the $taff $er%ices fo(r &9' #ears Regional 0irectors si) &+' #ears Pro%incialF/it# 0irectors nine &9' #ears Dther positions higher than Pro%incial 0irector shall ha%e the ma)im(m ten(re of si) &+' #ears! Enless earlier separated3 retired or promoted to a higher position in accordance with the PNP $taffing Pattern3 police officers holding the abo%e: mentioned positions shall be comp(lsoril# retired at the ma)im(m ten(re in position herein prescribed3 or at age fift#:si) &-+'3 whiche%er is earlier: Pro%ided3 That in times of war or other national emergenc# declared b# /ongress3 the President ma# e)tend the PNP /hiefCs to(r of d(t#: Pro%ided3 f(rther3 That PNP members who ha%e alread# reached their ma)im(m ten(re (pon the effecti%it# of this Act ma# be allowed one &1' #ear more of ten(re in their positions before the ma)im(m ten(re pro%ided in this $ection shall be applied to them3 (nless the# shall ha%e alread# reached the comp(lsor# retirement age of fift#:si) &-+'3 in which case the comp(lsor# retirement age shall pre%ail! .)cept for the /hief3 PNP3 no PNP member who has less than one &1' #ear of ser%ice before reaching the comp(lsor# retirement age shall be promoted to a higher rank or appointed to an# other position! 'ectio- 20. Attrition %y Relief. A PNP (niformed personnel who has been relie%ed for >(st ca(se and has not been gi%en an assignment within two &*' #ears after s(ch relief shall be retired or separated! 'ectio- 21. Attrition %y Demotion in Position or Ran(. An# PNP personnel3 ci%ilian or (niformed3 who is relie%ed and assigned to a position lower than what is established for his or her grade in the PNP staffing pattern and who shall not be assigned to a position commens(rate to his or her grade within eighteen &1' months after s(ch demotion in position shall be retired or separated! 'ectio- 28. Attrition %y Non#promotion. An# PNP personnel who has not been promoted for a contin(o(s period of ten &1A' #ears shall be retired or separated! 'ectio- 29. Attrition %y )ther $eans. A PNP member or officer with at least fi%e &-' #ears of acc(m(lated acti%e ser%ice shall be separated based on an# of the following factors: a' inefficienc# based on poor performance d(ring the last two &*' s(ccessi%e ann(al rating periods= b' inefficienc# based on poor performance for three &8' c(m(lati%e ann(al rating periods= c' ph#sical andFor mental incapacit# to perform police f(nctions and d(ties= or d' fail(re to pass the re<(ired entrance e)aminations twice andFor finish the re<(ired career co(rses e)cept for >(stifiable reasons! 'ectio- .2. Retirement or "eparation Under the Preceding "ections. An# personnel who is dismissed from the PNP p(rs(ant to $ections *-3 *+3 *,3 * and *9 hereof shall be retired if he or she has rendered at least twent# &*A' #ears of ser%ice and separated if he or she has rendered less than twent# &*A' #ears of ser%ice (nless the personnel is dis<(alified b# law to recei%e s(ch benefits! D. PRO#OTION '*'T"# 'ectio- .1. Rationalized Promotion "ystem. @ithin si) &+' months after the effecti%it# of this Act3 the /ommission shall establish a s#stem of promotion for (niformed and non:(niformed personnel of the PNP which shall be based on merits and on the a%ailabilit# of %acant positions in the PNP staffing pattern! $(ch s#stem shall be gender fair and shall ens(re that women members of the PNP shall en>o# e<(al opport(nit# for promotion as that of men! 'ectio- .2. Promotion %y *irtue of Position. An# PNP personnel designated to an# ke# position whose rank is lower than that which is re<(ired for s(ch position shall3 after si) &+' months of occ(p#ing the same3 be entitled to a rank ad>(stment corresponding to the position: Pro%ided3 That the personnel shall not be reassigned to a position calling for a higher rank (ntil after two &*' #ears from the date of s(ch rank ad>(stment: Pro%ided3 f(rther3 That an# personnel designated to the position who does not possess the established minim(m <(alifications therefor shall occ(p# the same temporaril# for not more than si) &+' months witho(t reappointment or e)tension! 'ectio- ... $ection 8 &a' and &b' of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 8! Promotions! &a' A (niformed member of the PNP shall not be eligible for promotion to a higher position or rank (nless he or she has s(ccessf(ll# passed the corresponding promotional e)amination gi%en b# the /ommission3 or the 5ar3 or the corresponding board e)aminations for technical ser%ices and other professions3 has satisfactoril# completed the appropriate and accredited co(rse in the PNPA or e<(i%alent training instit(tions3 and has satisfactoril# passed the re<(ired ps#chiatricFps#chological and dr(g tests! "n addition3 no (niformed member of the PNP shall be eligible for promotion d(ring the pendenc# of his or her administrati%e andFor criminal case or (nless he or she has been cleared b# the PeopleCs 1aw .nforcement 5oard &P1.5'3 and the Dffice of the Dmb(dsman of an# complaints proffered against him or her3 if an#! "&b' An# (niformed member of the PNP who has e)hibited acts of conspic(o(s co(rage and gallantr# at the risk of hisFher life abo%e and be#ond the call of d(t#3 shall be promoted to the ne)t higher rank: Pro%ided3 That s(ch acts shall be %alidated b# the /ommission based on established criteria!" ". &PRADIN OF 'A%ARI"' AND ("N"FIT' 'ectio- ./. $ection ,- of the same Act is hereb# amended to read as follows: "$./! ,-! Retirement 5enefits! 7onthl# retirement pa# shall be fift# percent &-AH' of the base pa# and longe%it# pa# of the retired grade in case of twent# &*A' #ears of acti%e ser%ice3 increasing b# two and one:half percent &*!-H' for e%er# #ear of acti%e ser%ice rendered be#ond twent# &*A' #ears to a ma)im(m of ninet# percent &9AH' for thirt#:si) &8+' #ears of acti%e ser%ice and o%er: Pro%ided3 That3 the (niformed personnel shall ha%e the option to recei%e in ad%ance and in l(mp s(m his retirement pa# for the first fi%e &-' #ears: Pro%ided3 f(rther3 That pa#ment of the retirement benefits in l(mp s(m shall be made within si) &+' months from effecti%it# date of retirement andFor completion: Pro%ided3 finall#3 That retirement pa# of the officersFnon:officers of the PNP shall be s(b>ect to ad>(stments based on the pre%ailing scale of base pa# of police personnel in the acti%e ser%ice!" 'ectio- .5. $ection ,8 of the same Act is hereb# amended to read as follows: "$./! ,8! Permanent Ph#sical 0isabilit#! An officer or non:officer who is permanentl# and totall# disabled as a res(lt of in>(ries s(ffered or sickness contracted in the performance of his d(t# as d(l# certified b# the National Police /ommission3 (pon finding and certification b# the appropriate medical officer3 that the e)tent of the disabilit# or sickness renders s(ch member (nfit or (nable to f(rther perform the d(ties of his position3 shall be entitled to one #earCs salar# and to lifetime pension e<(i%alent to eight# percent &AH' of his last salar#3 in addition to other benefits as pro%ided (nder e)isting laws! "$ho(ld s(ch member who has been retired (nder permanent total disabilit# (nder this section die within fi%e &-' #ears from his retirement3 his s(r%i%ing legal spo(se or if there be none3 the s(r%i%ing dependent legitimate children shall be entitled to the pension for the remainder of the fi%e &-' #ears g(aranteed period!" 'ectio- .0. $ection 8+ of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 8+! $tat(s of 7embers of the Philippine National Police! The (niformed members of the PNP shall be considered emplo#ees of the National 2o%ernment and shall draw their salaries therefrom! The# shall ha%e the same salar# grade le%el as that of p(blic school teachers: Pro%ided3 That PNP members assigned in 7etropolitan 7anila3 chartered cities and first class m(nicipalities ma# be paid financial incenti%e b# the local go%ernment (nit concerned s(b>ect to the a%ailabilit# of f(nds!" 'ectio- .1. +arly Retirement Program. @ithin three &8' #ears after the effecti%it# of this Act3 an# PNP officer or non:commissioned officer ma# retire and be paid separation benefits corresponding to a position two &*' ranks higher than his or her present rank s(b>ect to the following conditions: a' that at the time he or she applies for retirement3 he or she has alread# rendered at least ten &1A' #ears of contin(o(s go%ernment ser%ice= b' the applicant is not sched(led for separation or retirement from the ser%ice d(e to the attrition s#stem or separation for ca(se= c' he or she has no pending administrati%e or criminal case= and d' he or she has at least three &8' more #ears in the ser%ice before reaching the comp(lsor# retirement age and at least a #ear before his or her ma)im(m ten(re in position! 'ectio- .8. Rationalization of Retirement and "eparation ,enefits. The /ommission shall form(late a rationalized retirement and separation benefits sched(le and program within one &1' #ear from the effecti%it# of this Act for appro%al b# /ongress: Pro%ided3 That the appro%ed sched(le and program shall ha%e retroacti%e effect in fa%or of PNP members and officers retired or separated from the time specified in the law3 (nless the retirement or separation is for ca(se and the decision denies the grant of benefits! TIT%" V INT"RNA% AFFAIR' '"RVIC" 'ectio- .9. Creation- Po.ers- and &unctions. An "nternal Affairs $er%ice &"A$' of the PNP is hereb# created which shall: a' pro:acti%el# cond(ct inspections and a(dits on PNP personnel and (nits= b' in%estigate complaints and gather e%idence in s(pport of an open in%estigation= c' cond(ct s(mmar# hearings on PNP members facing administrati%e charges= d' s(bmit a periodic report on the assessment3 anal#sis3 and e%al(ation of the character and beha%ior of PNP personnel and (nits to the /hief PNP and the /ommission= e' file appropriate criminal cases against PNP members before the co(rt as e%idence warrants and assist in the prosec(tion of the case= f' pro%ide assistance to the Dffice of the Dmb(dsman in cases in%ol%ing the personnel of the PNP! The "A$ shall also cond(ct3 mot( proprio3 a(tomatic in%estigation of the following cases: a' incidents where a police personnel discharges a firearm= b' incidents where death3 serio(s ph#sical in>(r#3 or an# %iolation of h(man rights occ(rred in the cond(ct of a police operation= c' incidents where e%idence was compromised3 tampered with3 obliterated3 or lost while in the c(stod# of police personnel= d' incidents where a s(spect in the c(stod# of the police was serio(sl# in>(red= and e' incidents where the established r(les of engagement ha%e been %iolated! 4inall#3 the "A$ shall pro%ide doc(ments or recommendations as regards to the promotion of the members of the PNP or the assignment of PNP personnel to an# ke# position! 'ectio- /2. )rganization. National3 regional3 and pro%incial offices of the "nternal Affairs shall be established! "nternal Affairs $er%ice shall be headed b# an "nspector 2eneral who shall be assisted b# a 0ep(t# "nspector 2eneral! The area offices shall be headed b# a 0irector while the pro%incial offices shall be headed b# a $(perintendent: Pro%ided3 That the head of the "nternal Affairs $er%ice shall be a ci%ilian who shall meet the <(alification re<(irements pro%ided herein! The commission shall establish a rationalized staffing pattern in the Reorganization Plan as pro%ided for in $ection 18 hereof! 'ectio- /1. Appointments. The "nspector 2eneral shall be appointed b# the President (pon the recommendation of the 0irector 2eneral and d(l# endorsed b# the /ommission! Appointments of personnel who shall occ(p# %ario(s positions shall be made b# the "nspector 2eneral and shall be based on an established career pattern and criteria to be prom(lgated b# the /ommission! 'ectio- /2. +ntry Qualifications to !A". .ntr# to the "nternal Affairs $er%ice shall be %ol(ntar# and s(b>ect to rigid screening where onl# PNP personnel who ha%e at least fi%e &-' #ears e)perience in law enforcement and who ha%e no derogator# ser%ice records shall be considered for appointment: Pro%ided3 That members of the 5ar ma# enter the ser%ice laterall#! 'ectio- /.. !nitial Appointments to the National- Directorial- and Proincial !nternal Affairs "erice )ffices. "nitial appointments of the heads of the offices in the "nternal Affairs $er%ice shall be made b# the President (pon recommendation b# the /ommission! Thereafter3 appointments and promotions to the $er%ice shall follow the established re<(irements and proced(res! 'ectio- //. Promotions. The /ommission shall establish the promotion s#stem within the "A$ which shall follow the general principles of the promotion s#stem in the PNP! 'ectio- /5. Prohi%itions. An# personnel who >oins the "A$ ma# not thereafter >oin an# other (nit of the PNP! Neither shall an# personnel of the "A$ be allowed to sit in a committee deliberating on the appointment3 promotion3 or assignment of an# PNP personnel! 'ectio- /0. Career Deelopment and !ncenties. &1' Personnel of the "nternal Affairs $er%ice shall in addition to other allowances a(thorized (nder e)isting laws be granted occ(pational specialt# pa# which shall not e)ceed fift# percent &-AH' of their basic pa#! This pa# shall not be considered a forfeit(re of other rem(neration and allowances which are allowed (nder e)isting laws! &*' "A$ members shall also ha%e priorities in the <(ota allocation for training and ed(cation! 'ectio- /1. Records $anagement of the !A". 1ocal "nternal Affairs Dffices shall be responsible for the maintenance and (pdate of the records of the members of the PNP within their >(risdiction! @hen a PNP personnel is reassigned or transferred to another location or (nit o(tside the >(risdiction of the c(rrent "nternal Affairs Dffice3 the original records of s(ch personnel shall be transferred o%er to the "nternal Affairs Dffice that will ac<(ire >(risdiction o%er the transferred personnel while copies will be retained b# the former "nternal Affairs Dffice! "n cases where a PNP personnel has been relie%ed of hisFher position and has not been gi%en an assignment3 the "nternal Affairs Dffice where the person has been assigned last shall contin(e to ha%e >(risdiction o%er his or her records (ntil s(ch time that the officer or member shall ha%e been gi%en a new assignment where the records will be forwarded to the "nternal Affairs Dffice ac<(iring >(risdiction o%er the PNP personnel! 'ectio- /8. !nclusion of "uperisors and "uperiors in !A" !nestigations. The immediate s(perior or s(per%isor of the personnel or (nits being in%estigated (nder the preceding section shall be a(tomaticall# incl(ded in the in%estigation of the "A to e)cl(si%el# determine lapses in administration or s(per%ision! 'ectio- /9. Disciplinary Recommendations of the !A". &a' An# (niformed PNP personnel fo(nd g(ilt# of an# of the cases mentioned in $ection 89 of this Act and an# immediate s(perior or s(per%isor fo(nd negligent (nder $ection 9 shall be recommended a(tomaticall# for dismissal or demotion3 as the case ma# be! &b' Recommendations b# the "A$ for the imposition of disciplinar# meas(res against an erring PNP personnel3 once final3 cannot be re%ised3 set:aside3 or (nd(l# dela#ed b# an# disciplining a(thorit# witho(t >(st ca(se! An# disciplining a(thorit# who fails to act or who acts with ab(se of discretion on the recommendation of the "A$ shall be made liable for gross neglect of d(t#! The case of erring disciplinar# a(thorit# shall be s(bmitted to the 0irector 2eneral for proper disposition! 'ectio- 52. Appeals. 0ecisions rendered b# the pro%incial inspectors shall be forwarded to the area internal affairs office for re%iew within ten &1A' working da#s (pon the receipt thereof! 0ecisions of the area office ma# be appealed to the national office thro(gh the Dffice of "nspector 2eneral! 0ecisions rendered b# the National "A$ shall be appealed to the National Appellate 5oard or to the co(rt as ma# be appropriate: Pro%ided3 That the s(mmar# dismissal powers of the 0irector 2eneral and Regional 0irectors as pro%ided in $ection 9* of Rep(blic Act No! +9,- shall remain %alid: Pro%ided3 f(rther3 That the e)isting >(risdiction o%er offenses as pro%ided (nder Rep(blic Act No! +9,- shall not be affected! 'ectio- 51. Complaints Against the !A". A complaint against an# personnel or office of "A$ shall be bro(ght to the "nspector 2eneralCs Dffice or to the /ommission as ma# be appropriate! TIT%" VI DI'CIP%INAR* #"C!ANI'#' 'ectio- 52. $ection 91 of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 91&a'! /itizenCs /omplaints! An# complaint b# a nat(ral or >(ridical person against an# member of the PNP shall be bro(ght before the following: "&1' /hiefs of Police3 where the offense is p(nishable b# withholding of pri%ileges3 restriction to specified limits3 s(spension or forfeit(re of salar#3 or an# combination thereof3 for a period not e)ceeding fifteen &1-' da#s= "&*' 7a#ors of cities and m(nicipalities3 where the offense is p(nishable b# withholding of pri%ileges3 restriction to specified limits3 s(spension or forfeit(re of salar#3 or an# combination thereof3 for a period of not less than si)teen &1+' da#s b(t not e)ceeding thirt# &8A' da#s= "&8' PeopleCs 1aw .nforcement 5oard3 as created (nder $ection 98 hereof3 where the offense is p(nishable b# withholding of pri%ileges3 restriction to specified limits3 s(spension or forfeit(re of salar#3 or an# combination thereof3 for a period e)ceeding thirt# &8A' da#s= or b# dismissal! "The /ommission shall pro%ide in its implementing r(les and reg(lations a scale of penalties to be imposed (pon an# member of the PNP (nder this $ection! "&b' "nternal 0iscipline! Dn dealing with minor offenses in%ol%ing internal discipline fo(nd to ha%e been committed b# an# reg(lar member of their respecti%e commands3 the d(l# designated s(per%isors and e<(i%alent officers of the PNP shall3 after d(e notice and s(mmar# hearing3 e)ercise disciplinar# powers as follows: "&1' /hiefs of police or e<(i%alent s(per%isors ma# s(mmaril# impose the administrati%e p(nishment of admonition or reprimand= restriction to specified limits= withholding of pri%ileges= forfeit(re of salar# or s(spension= or an# of the combination of the foregoing: Pro%ided3 That3 in all cases3 the total period shall not e)ceed fifteen &1-' da#s= "&*' Pro%incial directors or e<(i%alent s(per%isors ma# s(mmaril# impose administrati%e p(nishment of admonition or reprimand= restricti%e c(stod#= withholding of pri%ileges= forfeit(re of salar# or s(spension3 or an# combination of the foregoing: Pro%ided3 That3 in all cases3 the total period shall not e)ceed thirt# &8A' da#s= "&8' Police regional directors or e<(i%alent s(per%isors shall ha%e the power to impose (pon an# member the disciplinar# p(nishment of dismissal from the ser%ice! ?e ma# also impose the administrati%e p(nishment of admonition or reprimand= restricti%e c(stod#= withholding of pri%ileges= s(spension or forfeit(re of salar#= demotion= or an# combination of the foregoing: Pro%ided3 That3 in all cases3 the total period shall not e)ceed si)t# &+A' da#s= "&9' The /hief of the PNP shall ha%e the power to impose the disciplinar# p(nishment of dismissal from the ser%ice= s(spension or forfeit(re of salar#= or an# combination thereof for a period not e)ceeding one h(ndred eight# &1A' da#s: Pro%ided3 f(rther3 That the chief of the PNP shall ha%e the a(thorit# to place police personnel (nder restricti%e c(stod# d(ring the pendenc# of a gra%e administrati%e case filed against him or e%en after the filing of a criminal complaint3 gra%e in nat(re3 against s(ch police personnel! "&c' .)cl(si%e 6(risdiction! A complaint or a charge filed against a PNP member shall be heard and decided e)cl(si%el# b# the disciplining a(thorit# who has ac<(ired original >(risdiction o%er the case and notwithstanding the e)istence of conc(rrent >(risdiction as regards the offense: Pro%ided3 That offenses which carr# higher penalties referred to a disciplining a(thorit# shall be referred to the appropriate a(thorit# which has >(risdiction o%er the offense! "4or p(rposes of this Act3 a Cminor offenseC shall refer to an# act or omission not in%ol%ing moral t(rpit(de3 b(t affecting the internal discipline of the PNP3 and shall incl(de3 b(t not limited to: "&1' $imple miscond(ct or negligence= "&*' "ns(bordination= "&8' 4re<(ent absences and tardiness= "&9' ?abit(al dr(nkenness= and "&-' 2ambling prohibited b# law! "&d' 4or(m shopping of m(ltiple filing of complaints! @hen an administrati%e complaint is filed with a police disciplinar# a(thorit#3 s(ch as the PeopleCs 1aw .nforcement 5oard &P1.5'3 no other case in%ol%ing the same ca(se of action shall be filed with an# other disciplinar# a(thorit#! ""n order to pre%ent for(m shopping or m(ltiple filing of complaints3 the complainant or part# seeking relief in the complaint shall certif# (nder oath in s(ch pleading3 or in a sworn certification anne)ed thereto and sim(ltaneo(sl# filed therewith3 to the tr(th of the following facts and (ndertaking: "&a' that he has not heretofore commenced an# other action or proceeding in%ol%ing the same iss(es in other disciplinar# for(m= "&b' that to the best of his knowledge3 no s(ch action or proceeding is pending in other police administrati%e disciplinar# machiner# or a(thorit#= "&c' that if there is an# s(ch action or proceeding which is either pending or ma# ha%e been terminated3 he m(st state the stat(s thereof= and "&d' that if he sho(ld thereafter learn that a similar action or proceeding has been filed or is pending before an# other police disciplinar# a(thorit#3 he m(st (ndertake to report that fact within fi%e &-' da#s therefrom to the disciplinar# a(thorit# where the original complaint or pleading has been filed!" 'ectio- 5.. $ection 9* of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 9*! $(mmar# 0ismissal Powers of the National Police /ommission3 PNP /hief and PNP Regional 0irectors! The National Police /ommission3 the chief of the PNP and PNP regional directors3 after d(e notice and s(mmar# hearings3 ma# immediatel# remo%e or dismiss an# respondent PNP member in an# of the following cases: "&a' @hen the charge is serio(s and the e%idence of g(ilt is strong= "&b' @hen the respondent is a recidi%ist or has been repeatedl# charged and there are reasonable gro(nds to belie%e that he is g(ilt# of the charges= and "&c' @hen the respondent is g(ilt# of a serio(s offense in%ol%ing cond(ct (nbecoming of a police officer! "An# member or officer of the PNP who shall go on absence witho(t official lea%e &A@D1' for a contin(o(s period of thirt# &8A' da#s or more shall be dismissed immediatel# from the ser%ice! ?is acti%ities and whereabo(ts d(ring the period shall be in%estigated and if fo(nd to ha%e committed a crime3 he shall be prosec(ted accordingl#!" 'ectio- 5/. $ection 99 of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 99! 0isciplinar# Appellate 5oards! The formal administrati%e disciplinar# machiner# of the PNP shall be the National Appellate 5oard and the regional appellate boards! "The National Appellate 5oard shall be composed of the fo(r &9' reg(lar commissioners and shall be chaired b# the e)ec(ti%e officer! The 5oard shall consider appeals from decisions of the /hief of the PNP! "The National Appellate 5oard ma# cond(ct its hearings or sessions in 7etropolitan 7anila or an# part of the co(ntr# as it ma# deem necessar#! "There shall be at least one &1' regional appellate board per administrati%e region in the co(ntr# to be composed of a senior officer of the regional /ommission as /hairman and one &1' representati%e each from the PNP3 and the regional peace and order co(ncil as members! "t shall consider appeals from decisions of the regional directors3 other officials3 ma#ors3 and the P1.5s: Pro%ided3 That the /ommission ma# create additional regional appellate boards as the need arises!" 'ectio- 55. $ection 9, of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$ec! 9,! Pre%enti%e $(spension Pending /riminal /ase! Epon the filing of a complaint or information s(fficient in form and s(bstance against a member of the PNP for gra%e felonies where the penalt# imposed b# law is si) &+' #ears and one &1' da# or more3 the co(rt shall immediatel# s(spend the acc(sed from office for a period not e)ceeding ninet# &9A' da#s from arraignment: Pro%ided3 howe%er3 That if it can be shown b# e%idence that the acc(sed is harassing the complainant andFor witnesses3 the co(rt ma# order the pre%enti%e s(spension of the acc(sed PNP member e%en if the charge is p(nishable b# a penalt# lower than si) &+' #ears and one &1' da#: Pro%ided3 f(rther3 That the pre%enti%e s(spension shall not be more than ninet# &9A' da#s e)cept if the dela# in the disposition of the case is d(e to the fa(lt3 negligence or petitions of the respondent: Pro%ided3 finall#3 That s(ch pre%enti%e s(spension ma# be sooner lifted b# the co(rt in the e)igenc# of the ser%ice (pon recommendation of the chief3 PNP! $(ch case shall be s(b>ect to contin(o(s trial and shall be terminated within ninet# &9A' da#s from arraignment of the acc(sed!" 'ectio- 50. $ection 99 of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 99! 1egal Assistance! The $ecretar# of 6(stice3 the chairman of the /ommission or the /hief of the PNP ma# a(thorize law#ers of their respecti%e agencies to pro%ide legal assistance to an# member of the PNP who is facing before the prosec(torCs office3 the co(rt or an# competent bod#3 a charge or charges arising from an# incident which is related to the performance of his official d(t#: Pro%ided3 That go%ernment law#ers so a(thorized shall ha%e the power to administer oaths: Pro%ided3 f(rther3 That in s(ch cases3 when necessar#3 as determined b# the /ommission3 a pri%ate co(nsel ma# be pro%ided at the e)pense of the 2o%ernment! The $ecretar# of 6(stice3 the /hairman of the /ommission and the /hief of the PNP shall >ointl# prom(lgate r(les and reg(lations to implement the pro%isions of this $ection!" TIT%" VII CR"ATION OF 4O#"N5' D"'6' IN A%% PO%IC" 'TATION' AND T!" FOR#&%ATION OF A "ND"R '"N'ITIVIT* PRORA# 'ectio- 51. Creation and &unctions. The PNP shall establish womenCs desks in all police stations thro(gho(t the co(ntr# to administer and attend to cases in%ol%ing crimes against chastit#3 se)(al harassment3 ab(ses committed against women and children and other similar offenses: Pro%ided3 That m(nicipalities and cities presentl# witho(t policewomen will ha%e two &*' #ears (pon the effecti%it# of this Act within which to compl# with the re<(irement of this pro%ision! 'ectio- 58. Prioritization of Women for Recruitment. @ithin the ne)t fi%e &-' #ears3 the PNP shall prioritize the recr(itment and training of women who shall ser%e in the womenCs desk! P(rs(ant to this re<(irement3 the PNP shall reser%e ten percent &1AH' of its ann(al recr(itment3 training3 and ed(cation <(ota for women 'ectio- 59. /ender "ensitiity Program. The /ommission shall form(late a gender sensiti%it# program within ninet# &9A' da#s from the effecti%it# of this Act to incl(de b(t not limited to the establishment of e<(al opport(nities for women in the PNP3 the pre%ention of se)(al harassment in the workplace3 and the prohibition of discrimination on the basis of gender or se)(al orientation! 'ectio- 02. Administratie 0ia%ility. An# personnel who shall %iolate the established r(les and reg(lations regarding gender sensiti%it# and gender e<(alit# shall be s(spended witho(t pa# for not less than thirt# &8A' da#s and shall (ndergo gender sensiti%it# seminar or training: Pro%ided3 That an# personnel who %iolates the r(les more than twice shall be recommended for demotion or dismissal from the PNP! 'ectio- 01. Non#prohi%ition for Promotion. Nothing in this title shall be constr(ed as a restriction on the assignment of policewomen to other positions in the PNP nor shall an# pro%isions of this title be (sed for the non:promotion of a PNP female personnel to higher position! TIT%" VIII PARTICIPATION OF %OCA% OV"RN#"NT ")"C&TIV"' IN T!" AD#INI'TRATION OF T!" PNP 'ectio- 02. The pro%isions of the second3 third3 fo(rth and fifth paragraphs of s(bparagraph &b' &1'3 $ection -13 /hapter """:0 of Rep(blic Act No! +9,- are hereb# amended to read as follows: "The term Coperational s(per%ision and controlC shall mean the power to direct3 s(perintend3 and o%ersee the da#:to:da# f(nctions of police in%estigation of crime3 crime pre%ention acti%ities3 and traffic control in accordance with the r(les and reg(lations prom(lgated b# the /ommission! ""t shall also incl(de the power to direct the emplo#ment and deplo#ment of (nits or elements of the PNP3 thro(gh the station commander3 to ens(re p(blic safet# and effecti%e maintenance of peace and order within the localit#! 4or this p(rpose3 the terms Cemplo#mentC and Cdeplo#mentC shall mean as follows: "C.mplo#mentC refers to the (tilization of (nits or elements of the PNP for p(rposes of protection of li%es and properties3 enforcement of laws3 maintenance of peace and order3 pre%ention of crimes3 arrest of criminal offenders and bringing the offenders to >(stice3 and ens(ring p(blic safet#3 partic(larl# in the s(ppression of disorders3 riots3 lawlessness3 %iolence3 rebellio(s and seditio(s conspirac#3 ins(rgenc#3 s(b%ersion or other related acti%ities! "C0eplo#mentC shall mean the orderl# and organized ph#sical mo%ement of elements or (nits of the PNP within the pro%ince3 cit# or m(nicipalit# for p(rposes of emplo#ment as herein defined!" 'ectio- 0.. $ection -1 &b' &9' of Rep(blic Act No! +9,- is hereb# amended to read as follows: "&9' Dther Powers! "n addition to the aforementioned powers3 cit# and m(nicipal ma#ors shall ha%e the following a(thorit# o%er the PNP (nits in their respecti%e >(risdictions: "&i' A(thorit# to choose the chief of police from a list of fi%e &-' eligibles recommended b# the pro%incial police director3 preferabl# from the same pro%ince3 cit# or m(nicipalit#: Pro%ided3 howe%er3 That in no case shall an officer:in:charge be designated for more than thirt# &8A' da#s: Pro%ided3 f(rther3 That the local peace and order co(ncil ma#3 thro(gh the cit# or m(nicipal ma#or3 recommend the recall or reassignment of the chief of police when3 in its perception3 the latter has been ineffecti%e in combating crime or maintaining peace and order in the cit# or m(nicipalit#: Pro%ided3 finall#3 That s(ch relief shall be based on g(idelines established b# the NAPD1/D7= "&ii' A(thorit# to recommend to the pro%incial director the transfer3 reassignment or detail of PNP members o(tside of their respecti%e cit# or town residences= and "&iii' A(thorit# to recommend from a list of eligibles pre%io(sl# screened b# the peace and order co(ncil the appointment of new members of the PNP to be assigned to their respecti%e cities or m(nicipalities witho(t which no s(ch appointments shall be attested: Pro%ided3 That whene%er practicable and consistent with the re<(irements of the ser%ice3 PNP members shall be assigned to the cit# or m(nicipalit# of their residence! "The control and s(per%ision of anti:gambling operations shall be within the >(risdiction of local go%ernment e)ec(ti%es!" 'ectio- 0/. Automatic Deputation of 0ocal /oernment +'ecuties as Commission Representaties. 2o%ernors and ma#ors3 (pon ha%ing been elected and li%ing <(alified as s(ch3 are a(tomaticall# dep(tized as representati%es of the National Police /ommission in their respecti%e >(risdiction! As dep(tized agents of the /ommission3 local go%ernment e)ec(ti%es can inspect police forces and (nits3 cond(ct a(dit3 and e)ercise other f(nctions as ma# be d(l# a(thorized b# the /ommission! 'ectio- 05. $ection -* of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! -*! $(spension or @ithdrawal of 0ep(tation! Enless re%ersed b# the President3 the /ommission ma#3 after cons(ltation with the pro%incial go%ernor and congressman concerned3 s(spend or withdraw the dep(tation of an# local e)ec(ti%e for an# of the following gro(nds: "&a' 4re<(ent (na(thorized absences= "&b' Ab(se of a(thorit#= "&c' Pro%iding material s(pport to criminal elements= or "&d' .ngaging in acts inimical to national sec(rit# or which negate the effecti%eness of the peace and order campaign! "Epon good ca(se shown3 the President ma#3 directl# or thro(gh the /ommission3 mot( proprio restore s(ch dep(tation withdrawn from an# local e)ec(ti%e!" TIT%" I) 'TR"NT!"NIN T!" P"OP%"5' %A4 "NFORC"#"NT (OARD 'ectio- 00. Paragraph &a'3 $ection 98 of Rep(blic Act No! +9,- is hereb# amended to read as follows: "$./! 98! PeopleCs 1aw .nforcement 5oard &P1.5'! &a' /reation and 4(nctions The sangg(niang panl(ngsodFba#an in e%er# cit# and m(nicipalit# shall create s(ch n(mber of PeopleCs 1aw .nforcement 5oards &P1.5s' as ma# be necessar#: Pro%ided3 That there shall be at least one &1' P1.5 for e%er# fi%e h(ndred &-AA' cit# or m(nicipal police personnel and for each of the legislati%e districts in a cit#! "The P1.5 shall be the central recei%ing entit# for an# citizenCs complaint against the officers and members of the PNP! $(b>ect to the pro%isions of $ection 91 of Rep(blic Act No! +9,-3 the P1.5 shall take cognizance of or refer the complaint to the proper disciplinar# or ad>(dicator# a(thorit# within three &8' da#s (pon the filing of the complaint!"la"ph#l!net 'ectio- 01. N(mber &8' of Paragraph &b'3 $ection 98 of Rep(blic Act No! +9,- is hereb# amended to read as follows: "&8' Three &8' other members who are remo%able onl# for ca(se to be chosen b# the local peace and order co(ncil from among the respected members of the comm(nit# known for their probit# and integrit#3 one &1' of whom m(st be a woman and another a member of the 5ar3 or3 in the absence thereof3 a college grad(ate3 or the principal of the central elementar# school in the localit#!" 'ectio- 08. The last paragraph of $ection 98 &b'&8' of Rep(blic Act No! +9,- shall be amended to read as follows: "The /hairman of the P1.5 shall be elected from among its members! The term of office of the members of the P1.5 shall be for a period of three &8' #ears from ass(mption of office! $(ch member shall hold office (ntil his s(ccessor shall ha%e been chosen and <(alified!" 'ectio- 09. Compensation and ,enefits. Paragraph c3 $ection 98 of Rep(blic Act No! +9,- shall be amended to read as follows: "&c' /ompensation! 7embership in the P1.5 is a ci%ic d(t#! ?owe%er3 P1.5 members shall be paid per diem and shall be pro%ided with life ins(rance co%erage as ma# be determined b# the cit# or m(nicipal co(ncil from cit# or m(nicipal f(nds! The 0"12 shall pro%ide for the per diem and ins(rance co%erage of P1.5 members in certain low income m(nicipalities!" 'ectio- 12. ,udget Allocation. The ann(al b(dget of the 1ocal 2o%ernment Enits &12E' shall incl(de an item and the corresponding appropriation for the maintenance and operation of their local P1.5s! The $ecretar# shall s(bmit a report to /ongress and the President within fifteen &1-' da#s from the effecti%it# of this Act on the n(mber of P1.5s alread# organized as well as the 12Es still witho(t P1.5s! 7(nicipalities or cities witho(t a P1.5 or with an ins(fficient n(mber of organized P1.5s shall ha%e thirt# &8A' more da#s to organize their respecti%e P1.5s! After s(ch period3 the 0"12 and the 0epartment of 5(dget and 7anagement shall withhold the release of the 12ECs share in the national ta)es in cities and m(nicipalities still witho(t P1.5&s'! 'ectio- 11. Re1uest for Preentie "uspension. The P1.5 ma# ask an# a(thorized s(perior to impose pre%enti%e s(spension against a s(bordinate police officer who is the s(b>ect of a complaint lasting (p to a period as ma# be allowed (nder the law! A re<(est for pre%enti%e s(spension shall not be denied b# the s(perior officer in the following cases: a' when the respondent ref(ses to heed the P1.5Cs s(mmons or s(bpoena= b' when the PNP personnel has been charged with offenses in%ol%ing bodil# harm or gra%e threats3 c' when the respondent is in a position to tamper with the e%idence= andla"phil!net d' when the respondent is in a position to (nd(l# infl(ence the witnesses! An# s(perior who fails to act on an# re<(est for s(spension witho(t %alid gro(nds shall be held administrati%el# liable for serio(s neglect of d(t#! TIT%" ) TRAN'ITOR* PROVI'ION' 'ectio- 12. Transition. The pro%isions on the reorganization and the ci%ilianization of the PNP and the de%ol(tion of police capabilities to the local police forces shall be effected within three &8' #ears after the effecti%it# of this Act! TIT%" )I FINA% PROVI'ION' 'ectio- 1.. Rules and Regulations. Enless otherwise pro%ided in this Act3 the /ommission in coordination with the Philippine National Police and the 0epartment of the "nterior and 1ocal 2o%ernment3 shall prom(lgate r(les and reg(lations for the effecti%e implementation of this Act! $(ch r(les and reg(lations shall take effect (pon their p(blication in three &8' newspapers of general circ(lation! 'ectio- 1/. Appropriations. The amo(nt necessar# to carr# o(t the pro%isions of this Act is hereb# a(thorized to be appropriated in the 2eneral Appropriations Act of the #ear following its enactment into law and thereafter! 'ectio- 15. Repealing Clause. All laws3 presidential decrees3 letters of instr(ctions3 e)ec(ti%e orders3 r(les and reg(lations insofar as the# are inconsistent with this Act3 are hereb# repealed or amended as the case ma# be! 'ectio- 10. "epara%ility Clause. "n case an# pro%ision of this Act or an# portion thereof is declared (nconstit(tional b# a competent co(rt3 other pro%isions shall not be affected thereb#! 'ectio- 11. +ffectiity Clause. This Act shall take effect after its complete p(blication in at least three &8' newspapers of general circ(lation! Appro%ed: February 25, 1998 Republic Act No. 0915 Dece7ber 1., 1992 AN ACT "'TA(%I'!IN T!" P!I%IPPIN" NATIONA% PO%IC" &ND"R A R"ORANI$"D D"PART#"NT OF T!" INT"RIOR AND %OCA% OV"RN#"NT, AND FOR OT!"R P&RPO'"' Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: 'ectio- 1. Title of the Act. This Act shall be known as the ,Department of the !nterior and 0ocal /oernment Act of 2334., 'ectio- 2. Declaration of Policy. "t is hereb# declared to be the polic# of the $tate to promote peace and order3 ens(re p(blic safet# and f(rther strengthen local go%ernment capabilit# aimed towards the effecti%e deli%er# of the basic ser%ices to the citizenr# thro(gh the establishment of a highl# efficient and competent police force that is national in scope and ci%ilian in character! Towards this end3 the $tate shall bolster a s#stem of coordination and cooperation among the citizenr#3 local e)ec(ti%es and the integrated law enforcement and p(blic safet# agencies created (nder this Act! The police force shall be organized3 trained and e<(ipped primaril# for the performance of police f(nctions! "ts national scope and ci%ilian character shall be paramo(nt! No element of the police force shall be militar# nor shall an# position thereof be occ(pied b# acti%e members of the Armed 4orces of the Philippines! 'ectio- .. Promulgation of Comprehensie Policies %y Congress. $(b>ect to the limitations pro%ided in the /onstit(tion3 the President shall recommend to /ongress the prom(lgation of policies on p(blic order and safet# to protect the citizenr# from all forms of lawlessness3 criminalit# and other threats to peace and order! C!APT"R I T!" D"PART#"NT OF T!" INT"RIOR AND %OCA% OV"RN#"NT 'ectio- /. The Department of the !nterior and 0ocal /oernment. To carr# o(t the policies and p(rposes of this Act3 the 0epartment of 1ocal 2o%ernment is hereb# reorganized into the 0epartment of the "nterior and 1ocal 2o%ernment3 hereinafter referred to as the 0epartment3 in accordance with the pro%isions of this Act! 'ectio- 5. Po.ers and &unctions of the Department. "n f(rtherance of the ob>ecti%es of this Act3 the 0epartment shall contin(e to e)ercise the powers and f(nctions of the 0epartment of 1ocal 2o%ernment in addition to the powers and f(nctions as herein pro%ided! 'ectio- 0. )rganization. The 0epartment shall consist of the 0epartment Proper3 the e)isting b(rea(s and offices of the 0epartment of 1ocal 2o%ernment3 the National Police /ommission3 the Philippine P(blic $afet# /ollege3 and the following b(rea(s: the Philippine National Police3 the 5(rea( of 4ire Protection3 and the 5(rea( of 6ail 7anagement and Penolog#! 'ectio- 1. Department Proper. The 0epartment Proper shall consist of the e)isting staff ser%ices as pro%ided for (nder .)ec(ti%e Drder No! *+* and the following offices: &a' Dffice of the $ecretar#! The office of the $ecretar# shall consist of the $ecretar# and his immediate staff= and &b' Dffice of the Endersecretaries and Assistant $ecretaries! The $ecretar# shall be assisted b# two &*' Endersecretaries3 one &1' for local go%ernment and the other for peace and order3 at least one &1' of whom m(st belong to the career e)ec(ti%e ser%ice3 and three &8' career Assistant $ecretaries! 'ectio- 8. 5ead of Department. The head of the 0epartment! The head of the 0epartment3 hereinafter referred to as the $ecretar#3 shall also be the e): officio /hairman of the National Police /ommission and shall be appointed b# the President s(b>ect to confirmation of the /ommission on Appointments! No retired or resigned militar# officer or police official ma# be appointed as $ecretar# within one &1' #ear from the date of his retirement or resignation! 'ectio- 9. /eneral Po.ers- Term of )ffice and Compensation of the "ecretary. The a(thorit# and responsibilit# for the e)ercise of the 0epartmentCs powers and f(nctions shall be %ested in the $ecretar#3 who shall hold office at the pleas(re of the President and shall recei%e the compensation3 allowances and other emol(ments to which heads of departments are entitled! 'ectio- 12. "pecific Po.ers and &unctions of the "ecretary. "n addition to his powers and f(nctions as pro%ided in .)ec(ti%e Drder No! *+*3 the $ecretar# as 0epartment head shall ha%e the following powers and f(nctions: &a' Prepare and s(bmit periodic reports3 incl(ding a B(arterl# Anti:/rime Dperations Report and s(ch other reports as the President and /ongress ma# re<(ire= &b' Act as /hairman and Presiding Dfficer of the National Police /ommission= and &c' 0elegate a(thorit# to e)ercise an# s(bstanti%e or administrati%e f(nction to the members of the National Police /ommission or other officers of rank within the 0epartment! 'ectio- 11. Regional )ffices. The 0epartment shall establish3 operate and maintain a regional office in each of the administrati%e regions of the co(ntr# to implement the policies and programs of the 0epartment! .ach regional office shall be headed b# a regional director to be assisted b# two &*' assistant regional directors: one &1' for >ail management and penolog# and another for fire protection in addition to the present assistant regional directors of the 0epartment of 1ocal 2o%ernment! 'ectio- 12. Relationship of the Department .ith the Department of National Defense. 0(ring a period of twent#:fo(r &*9' months from the effecti%it# of this Act3 the Armed 4orces of the Philippines &A4P' shall contin(e its present role of preser%ing the internal and e)ternal sec(rit# of the $tate: Pro%ided3 That said period ma# be e)tended b# the President3 if he finds it >(stifiable3 for another period not e)ceeding twent#:fo(r &*9' months3 after which3 the 0epartment shall a(tomaticall# take o%er from the A4P the primar# role of preser%ing internal sec(rit#3 lea%ing to the A4P its primar# role of preser%ing e)ternal sec(rit#! ?owe%er3 e%en after the 0epartment has ass(med primar# responsibilit# on matters affecting internal sec(rit#3 incl(ding the s(ppression of ins(rgenc#3 and there are serio(s threats to national sec(rit# and p(blic order3 s(ch as where ins(rgents ha%e gained considerable foothold in the comm(nit# thereb# necessitating the emplo#ment of bigger tactical forces and the (tilization of higher caliber armaments and better armored %ehicles3 the President ma#3 (pon recommendation of the peace and order co(ncil3 call (pon the Armed 4orces of the Philippines to ass(me the primar# role and the Philippine National Police &PNP' to pla# the s(pporti%e role in the area concerned! "n times of national emergenc#3 all elements of the PNP3 the 5(rea( of 4ire Protection3 and the 5(rea( of 6ail 7anagement and Penolog# shall3 (pon direction of the President3 assist the Armed 4orces of the Philippines in meeting the national emergenc#! The complementar# relationship between the 0epartment of the "nterior and 1ocal 2o%ernment and the 0epartment of National 0efense in an# of the preceding e%ent(alities shall be >ointl# prescribed b# their respecti%e $ecretaries in a memorand(m of agreement that shall thereafter be p(blished and implemented! C!APT"R II T!" NATIONA% PO%IC" CO##I''ION 'ectio- 1.. Creation and Composition. A National Police /ommission3 hereinafter referred to as the /ommission3 is hereb# created for the p(rpose of effecti%el# discharging the f(nctions prescribed in the /onstit(tion and pro%ided in this Act! The /ommission shall be a collegial bod# within the 0epartment! "t shall be composed of a /hairman and fo(r &9' reg(lar commissioners3 one &1' of whom shall be designated as ;ice:/hairman b# the President! The $ecretar# of the 0epartment shall be the e):officio /hairman of the /ommission3 while the ;ice:/hairman shall act as the e)ec(ti%e officer of the /ommission! 'ectio- 1/. Po.ers and &unctions of the Commission. The /ommission shall e)ercise the following powers and f(nctions: &a' .)ercise administrati%e control o%er the Philippine National Police= &b' Ad%ise the President on all matters in%ol%ing police f(nctions and administration= &c' 4oster and de%elop policies and prom(lgate r(les and reg(lations3 standards and proced(res to impro%e police ser%ices based on so(nd professional concepts and principles= &d' .)amine and a(dit3 and thereafter establish the standards for s(ch p(rposes on a contin(ing basis3 the performance3 acti%ities3 and facilities of all police agencies thro(gho(t the co(ntr#= &e' Prepare a police man(al prescribing r(les and reg(lations for efficient organization3 administration3 and operation3 incl(ding recr(itment3 selection3 promotion and retirement= &f' .stablish a s#stem of (niform crime reporting= &g' /ond(ct s(r%e#s and compile statistical data for the proper e%al(ation of the efficienc# and effecti%eness of all police (nits in the co(ntr#= &h' Render to the President and to /ongress an ann(al report on its acti%ities and accomplishments d(ring the thirt# &8A' da#s after the end of the calendar #ear3 which shall incl(de an appraisal of the conditions obtaining in the organization and administration of police agencies in the m(nicipalities3 cities and pro%inces thro(gho(t the co(ntr#3 and recommendations for appropriate remedial legislation= &i' Appro%e or modif# plans and programs on ed(cation and training3 logistical re<(irements3 comm(nications3 records3 information s#stems3 crime laborator#3 crime pre%ention and crime reporting= &>' Affirm3 re%erse or modif#3 thro(gh the National Appellate 5oard3 personnel disciplinar# actions in%ol%ing demotion or dismissal from the ser%ice imposed (pon members of the Philippine National Police b# the /hief of the Philippine National Police= &k' .)ercise appellate >(risdiction thro(gh the regional appellate boards o%er administrati%e cases against policemen and o%er decisions on claims for police benefits= &l' Recommend to the President3 thro(gh the $ecretar#3 within si)t# &+A' da#s before the commencement of each calendar #ear3 a crime pre%ention= &m' Prescribe minim(m standards for arms3 e<(ipment3 and (niforms and3 after cons(ltation with the Philippine ?erald# /ommission3 for insignia of ranks3 awards and medals of honor= &n' "ss(e s(bpoena and s(bpoena d(ces tec(m in matters pertaining to the discharge of its own powers and d(ties3 and designate who among its personnel can iss(e s(ch processes and administer oaths in connection therewith= and &o' Perform s(ch other f(nctions necessar# to carr# o(t the pro%isions of this Act and as the President ma# direct! 'ectio- 15. Qualifications. No person shall be appointed reg(lar member of the /ommission (nless: &a' ?e is at least thirt#:fi%e &8-' #ears of age= &b' A member of the Philippine 5ar or a holder of a masterCs degree in p(blic administration3 b(siness administration3 management3 sociolog#3 criminolog#3 law enforcement3 national sec(rit# administration3 defense st(dies3 and other related discipline= and &c' ?as had e)perience in law enforcement work for at least fi%e &-' #ears ! 'ectio- 10. Term of )ffice. The fo(r &9' reg(lar and f(ll:time /ommissioners shall be appointed b# the President (pon the recommendation of the $ecretar#! Df the first fo(r &9' commissioners to be appointed3 two &*' commissioners shall ser%e for si) &+' #ears and the two &*' other commissioners for fo(r &9' #ears! All s(bse<(ent appointments shall be for a period of si) &+' #ears each3 witho(t reappointment or e)tension! 'ectio- 11. Temporary or Permanent !ncapacity of the Chairman. "n case of absence d(e to temporar# or permanent incapacit# of the /hairman3 the President shall designate an Acting /hairman! "n case of death or permanent incapacit# or dis<(alification of the /hairman3 the Acting /hairman shall also act as s(ch (ntil a new /hairman shall ha%e been appointed and <(alified! 'ectio- 18. Remoal from )ffice. The members of the /ommission ma# be remo%ed from office for ca(se! All %acancies in the /ommission3 e)cept thro(gh e)piration of term3 shall be filled (p for the (ne)pired term onl#: Pro%ided3 That an# person who shall be appointed in this case shall be eligible for reg(lar appointment for another f(ll term! 'ectio- 19. Prohi%itions. The /hairman and members of the /ommission shall not engage in the practice of an# profession3 or inter%ene3 directl# or indirectl#3 in the management and control of an# pri%ate enterprise! The# shall not3 directl# or indirectl#3 ha%e an# financial or material interest in an# transaction re<(iring the appro%al of their office! 'ectio- 22. )rganizational "tructure. The /ommission shall consist of the following (nits: &a' /ommission Proper! This is composed of the offices of the /hairman and the fo(r &9' commissioners! &b' $taff $er%ices! The staff ser%ices of the /ommission shall be as follows: &1' The planning and Research $er%ice3 which shall pro%ide technical ser%ices to the /ommission in areas of o%erall polic# form(lation3 strategic and operational planning3 management s#stems or proced(res3 e%al(ation and monitoring of the /ommissionCs programs3 pro>ects and internal operations= and shall cond(ct thoro(gh research and anal#sis on social and economic conditions affecting peace and order in the co(ntr#= &*' The 1egal Affairs $er%ice3 which shall pro%ide the /ommission with efficient and effecti%e ser%ice as legal co(nsel of the /ommission= draft or st(d# contracts affecting the /ommission and s(bmit appropriate recommendations pertaining thereto= and render legal opinions arising from the administration and operation of the Philippine National Police and the /ommission= &8' The /rime Pre%ention and /oordination $er%ice3 which shall (ndertake criminological researches and st(dies= form(late a national crime pre%ention plan= de%elop a crime pre%ention and information program and pro%ide editorial direction for all criminolog# research and crime pre%ention p(blications= &9' The Administrati%e $er%ice3 which shall pro%ide the /ommission with assistance on b(dgetar# and financial matters= pro%ide the necessar# ser%ices relating to records3 correspondence3 s(pplies3 propert# and e<(ipment3 sec(rit# and general ser%ices3 and the maintenance and (tilization of facilities= and pro%ide ser%ices relating to manpower3 career planning and de%elopment3 personnel transactions and emplo#ee welfare= &-' The "nspection and 7onitoring $er%ice3 which shall cond(ct contin(o(s inspection and management a(dit of personnel3 facilities and operations at all le%els of command of the PNP and shall monitor the implementation of the /ommissionCs programs and pro>ects relati%e to law enforcement= and &+' The "nstallations and 1ogistics $er%ice3 which shall re%iew the /ommissionCs plans and programs and form(late policies and proced(res regarding ac<(isition3 in%entor#3 control3 distrib(tion3 maintenance and disposal of s(pplies and shall o%ersee the implementation of programs on transportation facilities and installations and the proc(rement and maintenance of s(pplies and e<(ipment! &c' 0isciplinar# Appellate 5oards! The /ommission shall establish a formal administrati%e disciplinar# appellate machiner# consisting of the National Appellate 5oard and the regional appellate boards! The National Appellate 5oard shall decide cases on appeal from decisions rendered b# the PNP chief3 while the regional appellate boards shall decide cases on appeal from decisions rendered b# officers other than the PNP chief3 the ma#or3 and the People 1aw .nforcement 5oard &P1.5' created here(nder! 'ectio- 21. Regional )ffices. The /ommission shall establish3 operate and maintain regional offices headed b# regional directors who shall implement the policies and programs of the /ommission in their respecti%e regions! 4or administrati%e p(rposes3 the regional offices of the /ommission shall be attached to the general offices of the 0epartment! $(b>ect to the standards that shall be prescribed b# the /ommission3 the regional offices shall likewise perform the f(nctions of ad>(dication of benefit claims! 'ectio- 22. Qualifications of Regional Directors. No person shall be appointed regional director (nless: &a' ?e is at least thirt# &8A' #ears of age= &b' A holder of a baccala(reate degree and appropriate ci%il ser%ice eligibilit#= and &c' ?as at least fi%e &-' #ears e)perience in the field of law enforcement3 criminolog# or police administration! C!APT"R III A. T!" P!I%IPPIN" NATIONA% PO%IC" ORANI$ATION 'ectio- 2.. Composition. $(b>ect to the limitations pro%ided for in this Act3 the Philippine National Police3 hereinafter referred to as the PNP3 is hereb# established3 initiall# consisting of the members of the police forces who were integrated into the "ntegrated National Police &"NP' p(rs(ant to Presidential 0ecree No! ,+-3 and the officers and enlisted personnel of the Philippine /onstab(lar# &P/'! 4or p(rposes of this Act3 the officers and enlisted personnel of the P/ shall incl(de those assigned with the Narcotics /ommand &NAR/D7' or the /riminal "n%estigation $er%ice &/"$'= and those of the technical ser%ices of the A4P assigned with the P/ and the ci%ilian operati%es of the /"$! The reg(lar operati%es of the abolished NAPD1/D7 "nspection3 "n%estigation and "ntelligence 5ranch ma# also be absorbed b# the PNP! "n addition3 a P/ officer or enlisted personnel ma# transfer to an# of the branches or ser%ices of the Armed 4orces of the Philippines in accordance with the pro%isions of $ection - of this Act! "n order to be <(alified for transfer to the PNP (nits in 7etropolitan 7anila and in highl# (rbanized cities3 an indi%id(al m(st ha%e completed not less than second #ear collegiate work or its e<(i%alent in training of se%ent#:two &,*' collegiate (nits! An#one who has an# pending administrati%e or criminal case or has been ad>(dged liable or con%icted of an# crime pending appeal shall be allowed to >oin the PNP pro%isionall# witho(t pre>(dice to final >(dgment b# a bod# of competent >(risdiction! The permanent ci%ilian emplo#ees of the present P/3 "NP3 Narcotics /ommand3 /"$3 and the technical ser%ices of the A4P assigned with the P/3 incl(ding NAPD1/D7 hearing officers holding reg(lar items as s(ch3 shall be absorbed b# the 0epartment as emplo#ees thereof3 s(b>ect to e)isting laws and reg(lations! 'ectio- 2/. Po.ers and &unctions. The PNP shall ha%e the following powers and f(nctions: &a' .nforce all laws and ordinances relati%e to the protection of li%es and properties= &b' 7aintain peace and order and take all necessar# steps to ens(re p(blic safet#= &c' "n%estigate and pre%ent crimes3 effect the arrest of criminal offenders3 bring offenders to >(stice and assist in their prosec(tion= &d' .)ercise the general powers to make arrest3 search and seiz(re in accordance with the /onstit(tion and pertinent laws= &e' 0etain an arrested person for a period not be#ond what is prescribed b# law3 informing the person so detained of all his rights (nder the /onstit(tion= &f' "ss(e licenses for the possession of firearms and e)plosi%es in accordance with law= &g' $(per%ise and control the training and operations of sec(rit# agencies and iss(e licenses to operate sec(rit# agencies3 and to sec(rit# g(ards and pri%ate detecti%es3 for the practice of their professions= and &h' Perform s(ch other d(ties and e)ercise all other f(nctions as ma# be pro%ided b# law! "n addition3 the PNP shall absorb the office of the National Action /ommittee on Anti:?i>acking &NA/A?' of the 0epartment of National 0efense3 all the f(nctions of the present Philippine Air 4orce $ec(rit# /ommand &PA4$./D7'3 as well as the police f(nctions of the /oast 2(ard! "n order to perform its powers and f(nctions efficientl# and effecti%el#3 the PNP shall be pro%ided with ade<(ate land3 sea3 and air capabilities and all necessar# material means of reso(rces! 'ectio- 25. )rganization. The PNP shall be headed b# a /hief who shall be assisted b# two &*' dep(t# chief3 one &1' for operations and one &1' for administration3 both of whom shall be appointed b# the President (pon recommendation of the /ommission from among the most senior and <(alified officers in the ser%ice: Pro%ided3 howe%er3 That in no case shall an# officer who has retired or is retirable within si) &+' months from his comp(lsor# retirement age be appointed as /hief of the PNP! The PNP shall be composed of a national office3 regional offices3 pro%incial offices3 district offices3 cit# or m(nicipal stations! At the national le%el3 the PNP shall maintain its office in 7etropolitan 7anila which shall ho(se the directorial staff3 ser%ice staff and special s(pport (nits! At the regional le%el3 the PNP shall ha%e regional offices3 incl(ding that of the National /apital Region3 which ma# be di%ided into two &*' separate regions witho(t pre>(dice to the pertinent pro%isions of the Drganic Act for the A(tonomo(s Regions of the /ordilleras and 7(slim 7indanao relati%e to the creation of a regional police force in the area of a(tonom#! .ach of these regional offices shall be headed b# a regional director for peace and order! At the pro%incial le%el3 there shall be a PNP office3 each headed b# a pro%incial director! "n the case of large pro%inces3 police districts ma# be established b# the /ommission to be headed b# a district director! At the cit# or m(nicipal le%el3 there shall be a PNP station3 each headed b# a chief of police! The /hief of the PNP shall3 within si)t# &+A' da#s from the effecti%it# of this Act and in accordance with the broad g(idelines set forth herein3 recommend the organizational str(ct(re and staffing pattern of the PNP to the /ommission! 'ectio- 20. Po.ers- &unctions and term of )ffice of the PNP Chief . The command and direction of the PNP shall be %ested in the /hief of the PNP who shall ha%e the power to direct and control tactical as well as strategic mo%ements3 deplo#ment3 placement3 (tilization of the PNP or an# of its (nits and personnel3 incl(ding its e<(ipment3 facilities and other reso(rces! $(ch command and direction of the /hief of the PNP ma# be delegated to s(bordinate officials with the respect to the (nits (nder their respecti%e commands3 in accordance with the r(les and reg(lation prescribed b# the /ommission! The /hief of the PNP shall also ha%e the power to iss(e detailed implementing policies and instr(ctions regarding personnel3 f(nds3 properties3 records3 correspondence and s(ch other matters as ma# be necessar# to effecti%it# carr# o(t the f(nctions3 powers and d(ties of the 5(rea(! The /hief of the PNP shall be appointed b# the President from among the senior officers down to the rank of chief s(perintendent3 s(b>ect to confirmation b# the /ommission on Appointments: Pro%ided3 That the /hief of the PNP shall ser%e a term of office not to e)ceed fo(r &9' #ears: Pro%ided3 f(rther3 That in times of war or other national emergenc# declared b# /ongress3 the President ma# e)tend s(ch term of office! 'ectio- 21. $anning 0eels. Dn the a%erage nationwide3 the manning le%els of the PNP shall be appro)imatel# in accordance with a police:to:pop(lation ratio of one &1' policeman for e%er# fi%e h(ndred &-AA' persons! The act(al strength b# cities and m(nicipalities shall depend on the state of peace and order3 pop(lation densit# and act(al demands of the ser%ice in the partic(lar area: Pro%ided3 That the minim(m police:to:pop(lation ratio shall not be less than one &1' policeman for e%er# one tho(sand &13AAA' persons: Pro%ided3 f(rther3 That (rban areas shall ha%e a higher minim(m police:to:pop(lation ratio as ma# be prescribed b# reg(lations! 'ectio- 28. Ran( Classification. 4or p(rposes of efficient administration3 s(per%ision and control3 the rank classification of the members of the PNP shall be as follows: 0irector 2eneral 0ep(t# 0irector 2eneral 0irector /hief $(perintendent $enior $(perintendent $(perintendent /hief "nspector $enior "nspector "nspector $enior Police Dfficer "; $enior Police Dfficer """ $enior Police Dfficer "" $enior Police Dfficer " Police Dfficer """ Police Dfficer "" Police Dfficer " 'ectio- 29. 6ey Positions. The head of the PNP with the rank director general shall ha%e the position title of /hief of the PNP! The second in command of the PNP with the rank of dep(t# director general shall be the 0ep(t# /hief of the PNP for Administration! The third in command with the rank also of dep(t# director general shall be the 0ep(t# /hief of the PNP for Dperations! At the national office3 the head of the directorial staff with the rank of dep(t# director general shall be known as /hief of the 0irectorial $taff of the PNP! The heads of the %ario(s staff di%isions in the directorial staff shall ha%e the rank of director with the position title of 0irector of the 0irectorial $taff of their respecti%e f(nctional di%isions! The head of the "nspectorate 0i%ision with the rank of chief s(perintendent shall ass(me the position title of "nspector 2eneral! The heads of the administrati%e and operational s(pport di%isions shall ha%e the rank of chief s(perintendent! The head of the N/R with the rank of director shall ass(me the position title of N/R 0irector! The heads of the regional offices with the rank of chief s(perintendent shall ass(me the position title of Regional 0irector! The heads of the N/R district offices with the rank of chief s(perintendent shall ha%e the position title of 0istrict 0irector! The heads of pro%incial offices with the rank of senior s(perintendent shall be known as Pro%incial 0irector! The heads of the district offices with the rank of s(perintendent shall ha%e the position title of 0istrict 0irector! The heads of the m(nicipalit# or cit# offices with the rank of chief inspector shall be known as /hief of Police! 'ectio- .2. /eneral Qualifications for Appointment. No person shall be appointed as officer or member of the PNP (nless he possesses the following minim(m <(alifications: &a' A citizen of the Philippines= &b' A person of good moral cond(ct= &c' Df so(nd mind and bod#= &d' 7(st possess a formal baccala(reate degree for appointment as officer and m(st ha%e finished at least second #ear college or the e<(i%alent of se%ent#:two &,*' collegiate (nits for appointment as non: officer or an e<(i%alent training or e)perience for those alread# in the ser%ice (pon the effecti%it# of this Act! &e' 7(st be eligible in accordance with the standards set b# the /ommission= &f' 7(st not ha%e been dishonorabl# discharged from militar# emplo#ment or dismissed for ca(se from an# ci%ilian position in the 2o%ernment= &g' 7(st not ha%e been con%icted be final >(dgment of an offense or crime in%ol%ing moral t(rpit(de= &h' 7(st be at least one meter and si)t#:two centimeters &1!+* m!' in height for male and one meter and fift#:se%en centimeters &1!-, m!' for female= &i' 7(st weight not more or less than fi%e kilograms &- kg!' of the standard weight corresponding to his or her height3 age3 and se)= and &>' 4or a new applicant3 m(st not be less than twent#:one &*1' nor more than thirt# &8A' #ears of age! 'ectio- .1. Appointment of PNP )fficers and $em%ers. The appointment of the officers and members of the PNP shall be effected in the following manner: &a' Police Dfficer " to $enior Police Dfficer "; ! Appointed b# the PNP regional director for regional personnel or b# the /hief of the PNP for the national head<(arters personnel and attested b# the /i%il $er%ice /ommission! &b' "nspector to $(perintendent! Appointed b# the /hief of the PNP3 as recommended b# their immediate s(periors3 attested b# the /i%il $er%ice /ommission= &c' $enior $(perintendent to 0ep(t# 0irector 2eneral! Appointed b# the President (pon recommendation of the chief of the PNP3 with proper endorsement b# the /hairman of the /i%il $er%ice /ommission and s(b>ect to confirmation b# the /ommission on Appointments= and &d' 0irector 2eneral! Appointed b# the President from among the senior officers down to the rank of chief s(perintendent in the ser%ice3 s(b>ect to confirmation b# the /ommission on Appointments: Pro%ided3 That the /hief of the PNP shall ser%e a to(r of d(t# not to e)ceed fo(r &9' #ears: Pro%ided3 f(rther3 That3 in times of war or other national emergenc# declared b# /ongress3 the President ma# e)tend s(ch to(r of d(t#! 'ectio- .2. +'aminations for Policemen. The /i%il $er%ice /ommission shall administer the <(alif#ing entrance e)aminations for policemen on the basis of the standards set b# the NAPD1/D7! 'ectio- ... 0ateral +ntry of )fficers into the PNP. "n general3 all original appointments of commissioned officers in the PNP shall commence with the rank of inspector3 to incl(de all those with highl# technical <(alifications appl#ing for the PNP technical ser%ices3 s(ch as dentist3 optometrists3 n(rses3 engineers3 and grad(ates of forensic sciences! 0octors of medicine3 members of the 5ar3 and chaplains shall be appointed to the rank of senior inspector in their partic(lar technical ser%ice! 2rad(ates of the Philippine National Police Academ# &PNPA' shall be a(tomaticall# appointed to the initial rank of inspector! 1icensed criminologists ma# be appointed to the rank of inspector to fill (p an# %acanc# after promotions from the ranks are completed! 'ectio- ./. Qualifications of Chief of City and $unicipal Police "tations. No person ma# be appointed chief of a cit# police station (nless he holds a bachelorCs degree from a recognized instit(tion of learning or has ser%ed in the Philippine /onstab(lar# or in the police department of an# cit# or m(nicipalit# with the rank of captain or its e<(i%alent therein for at least three &8' #ears! No person ma# be appointed chief of a m(nicipal police station (nless he holds a bachelorCs degree from a recognized instit(tion of learning or has ser%ed as officer in the Philippine /onstab(lar# or in the police department of an# cit# or m(nicipalit# for at least two &*' #ears with the rank lie(tenant or its e<(i%alent: Pro%ided3 That a member of the 5ar with at least fi%e &-' #ears e)perience in acti%e law practice and who possesses the general <(alifications (nder $ection 8A of this Act shall be <(alified for appointment as chief of a cit# or m(nicipal police station: Pro%ided3 f(rther3 That the chief of police shall be appointed in accordance with the pro%isions of $ection -13 paragraph b'3 s(bparagraph &9' &i' of this Act! 'ectio- .5. "upport Units. The PNP shall be s(pported b# administrati%e and operational s(pport (nits! The administrati%e s(pport (nits shall consist of the /rime 1aborator#3 1ogistic Enit3 /omm(nications Enit3 /omp(ter /enter3 4inance /enter and /i%il $ec(rit# Enit! The operational s(pport (nits shall be composed of the 7aritime Police Enit3 Police "ntelligence Enit3 Police $ec(rit# Enit3 /riminal "n%estigation Enit3 $pecial Action 4orce3 Narcotics (nits3 A%iation $ec(rit# Enit3 Traffic 7anagement Enit3 the 7edical and 0ental /enters and the /i%il Relations Enit! To enhance police operational efficienc# and effecti%eness3 the /hief of the PNP ma# constit(te s(ch other s(pport (nits as ma# be necessar# s(b>ect to the appro%al of the /ommission: Pro%ided3 That no s(pport (nit headed b# a chief s(perintendent or a higher rank can be created (nless pro%ided b# law! &a' Administrati%e $(pport Enits! &1' /rime 1aborator#! There shall be established a central /rime 1aborator# to be headed b# a 0irector with the rank of chief s(perintendent3 which shall pro%ides scientific and technical in%estigati%e aid and s(pport to the PNP and other go%ernment in%estigati%e agencies! "t shall also pro%ide crime laborator# e)amination3 e%al(ation and identification of ph#sical e%idences in%ol%ed in crimes with primar# emphasis on their medical3 chemical3 biological and ph#sical nat(re! There shall be likewise be established regional and cit# crime laboratories as ma# be necessar# in all regions and cities of the co(ntr#! &*' 1ogistic Enit! ?eaded b# a 0irector with the rank of chief s(perintendent3 the 1ogistics Enit shall be responsible for the proc(rement3 distrib(tions and management of all the logistical re<(irements of the PNP incl(ding firearms and amm(nition! &8' /omm(nications Enit! ?eaded b# a 0irector with the rank of chief s(perintendent3 the /omm(nications Enit shall be responsible for establishing an effecti%e police comm(nications network! &9' /omp(ter /enter! ?eaded b# a 0irector with the rank of chief s(perintendent3 the /omp(ter /enter shall be responsible for the design3 implementation and maintenance of a database s#stem for the PNP! &-' 4inance /enter! ?eaded b# a 0irector with the rank of chief s(perintendent3 the 4inance /enter shall be responsible for pro%iding finance ser%ices to the PNP! &+' /i%il $ec(rit# Enit! ?eaded b# a 0irector with the rank of chief s(perintendent3 the /i%il $ec(rit# Enit shall pro%ide administrati%e ser%ices and general s(per%ision o%er organization3 b(siness operation and acti%ities of all organized pri%ate detecti%es3 watchmen3 sec(rit# g(ard agencies and compan# g(ard ho(ses! The (nit shall likewise s(per%ise the licensing and registration of firearms and e)plosi%es! The appro%al applications for licenses to operate pri%ate sec(rit# agencies3 as well as the iss(ance of licenses to sec(rit# g(ards and the licensing of firearms and e)plosi%es3 shall be decentralized to the PNP regional offices! &b' Dperational $(pport Enits! &1' 7aritime Police Enit! ?eaded b# a 0irector with the rank of chief s(perintendent3 the 7aritime Police Enit shall perform all police f(nctions o%er Philippine territorial waters and ri%ers! &*' Police "ntelligence Enit! ?eaded b# a 0irector with the rank of chief s(perintendent3 the Police "ntelligence Enit shall ser%e as the intelligence and co(nterintelligence operating (nit of the PNP! &8' Police $ec(rit# Enit! ?eaded b# a 0irector with the rank of chief s(perintendent3 Police $ec(rit# Enit shall pro%ide sec(rit# for go%ernment officials3 %isiting dignitaries and pri%ate indi%id(als a(thorized to be gi%en protection! &9' /riminal "n%estigation Enit! ?eaded b# a 0irector with the rank of chief s(perintendent3 the /riminal "n%estigation Enit shall (ndertake the monitoring3 in%estigation and prosec(tion of all crimes in%ol%ing economic sabotage3 and other crimes of s(ch magnit(de and e)tent as to indicate their commission b# highl# placed or professional criminal s#ndicates and organizations! This (nit shall likewise in%estigate all ma>or cases in%ol%ing %iolations of the Re%ised Penal /ode and operate against organized crime gro(ps3 (nless the President assigns the case e)cl(si%el# to the National 5(rea( of "n%estigation &N5"'! &-' $pecial Action 4orce! ?eaded b# a 0irector with the rank of chief s(perintendent3 the $pecial Action 4orce shall f(nction as a mobile strike force or reaction (nit to a(gment regional3 pro%incial3 m(nicipal and cit# police forces for ci%il dist(rbance control3 co(nterins(rgenc#3 hostage:taking resc(e operations3 and other special operations! &+' Narcotics Enit! ?eaded b# a 0irector with the rank of chief s(perintendent3 the Narcotics Enit shall enforce all laws relati%e to the protection of the citizenr# against dangero(s and other prohibited dr(gs and s(bstances! &,' A%iation $ec(rit# Enit! ?eaded b# a 0irector with the rank of chief s(perintendent3 the A%iation $ec(rit# Enit3 in coordination with airport a(thorities3 shall sec(re all the co(ntr#Cs airports against offensi%e and terroristic acts that threaten ci%il a%iation3 e)ercise operational control and s(per%ision o%er all agencies in%ol%ed in airport sec(rit# operation3 and enforce all laws and reg(lations relati%e to air tra%el protection and safet#! &' Traffic 7anagement Enit! ?eaded b# a 0irector with the rank of chief s(perintendent3 the Traffic 7anagement Enit shall enforce traffic laws and reg(lations! &9' 7edical and 0ental /enters! ?eaded b# a 0irector with the rank of chief s(perintendent3 the 7edical and 0ental /enters shall be responsible for pro%iding medical and dental ser%ices for the PNP! &1A' /i%il Relations Enits! ?eaded with a 0irector with the rank of chief s(perintendent3 the /i%il Relations Enit shall implement plans and programs that will promote comm(nit# and citizensC participation in the maintenance of peace and order and p(blic safet#! 'ectio- .0. "tatus of $em%ers of the Philippine National Police. The members of the PNP shall be considered emplo#ees of the National 2o%ernment and shall draw their salaries therefrom: Pro%ided3 That PNP members assigned in 7etropolitan 7anila3 chartered cities and first class m(nicipalities ma# be paid in additional monthl# allowance b# the local go%ernment (nit concerned! (. PROF"''IONA%I'#, 4"%FAR" AND ("N"FIT' 'ectio- .1. Performance +aluation "ystem. There shall be established a performance e%al(ation s#stem which shall be administered in accordance with the r(les3 reg(lations and standards3 and a code of cond(ct prom(lgated b# the /ommission for members of the PNP! $(ch performance e%al(ation s#stem be administered in s(ch a wa# as to foster the impro%ement of indi%id(al efficienc# and beha%ioral discipline as well as the promotion of organizational effecti%eness and respect for the constit(tional and h(man rights of citizens3 democratic principles and ideals and the s(premac# of ci%ilian a(thorit# o%er the militar#! The rating s#stem as contemplated herein shall be based on standards prescribed b# the /ommission and shall consider res(lts of ann(al ph#sical3 ps#chological and ne(rops#chiatric e)aminations cond(cted on the PNP officer or member concerned! 'ectio- .8. Promotions. &a' A member of the PNP shall not be eligible for promotion to a higher position or rank (nless he has s(ccessf(ll# passed the corresponding promotional e)amination gi%en b# the /ommission3 or the 5ar or corresponding board e)aminations for technical ser%ices and other professions3 and has satisfactoril# completed an appropriate and accredited co(rse in the PNP or e<(i%alent training instit(tions! "n addition3 no member of the PNP shall eligible for promotion (nless he has been cleared b# the PeopleCs 1aw .nforcement 5oard &P1.5' of complaints proffered against him3 if an#! &b' $pecial promotion ma# be e)tended to an# member of the PNP for acts of conspic(o(s co(rage and gallantr# at the risk of his life abo%e and be#ond the call of d(t#3 or selected as s(ch in a nationwide search cond(cted b# the PNP or an# accredited ci%ic organization! 'ectio- .9. Compulsory Retirement. /omp(lsor# retirement3 for officer and non:officer3 shall be (pon the attainment of age fift#:si) &-+': Pro%ided3 That3 in case of an# officer with the rank of chief s(perintendent3 director or dep(t# director general3 the /ommission ma# allow his retention in the ser%ice for an (ne)tendible period of one &1' #ear! 'ectio- /2. )ptional Retirement. Epon acc(m(lation of at least twent# &*A' #ears of satisfactor# acti%e ser%ice3 an officer or non:officer3 at his own re<(est and with the appro%al of the /ommission3 shall be retired from the ser%ice and entitled to recei%e benefits pro%ided b# law! C. AD#INI'TRATIV" DI'CIP%INAR* #AC!IN"R* 'ectio- /1. 7a8 Citizen9s Complaints. An# complaint b# an indi%id(al person against an# member of the PNP shall be bro(ght before the following: &1' /hiefs of police3 where the offense is p(nishable b# withholding of pri%ileges3 restriction to specified limits3 s(spension or forfeit(re of salar#3 or an# combination thereof for a period not e)ceeding fifteen &1-' da#s= &*' 7a#ors of cities or m(nicipalities3 where the offense is p(nishable b# withholding of pri%ileges3 restriction to specified limits3 s(spension or forfeit(re of salar#3 or an# combination thereof3 for a period of not less than si)teen &1+' da#s b(t not e)ceeding thirt# &8A' da#s= &8' PeopleCs 1aw .nforcement 5oard3 as created (nder $ection 98 hereof3 where the offense is p(nishable b# withholding of pri%ileges3 restriction to specified limits3 s(spension of forfeit(re of salar#3 or an# combination thereof3 for a period e)ceeding thirt# &8A' da#s= or b# dismissal! The /ommission shall pro%ide in its implementing r(les and reg(lations a scale of penalties to be imposed (pon an# member of the PNP (nder this section! &b' "nternal 0iscipline! "n dealing with minor offenses in%ol%ing internal discipline fo(nd to ha%e been committed b# an# reg(lar member of their respecti%e commands3 the d(l# designated s(per%isors and e<(i%alent officers of the PNP shall3 after d(e notice and s(mmar# hearing3 e)ercise disciplinar# powers as follows: &1' /hiefs of police or e<(i%alent s(per%isors ma# s(mmaril# impose the administrati%e p(nishment of admonition or reprimand= restriction to specified limits= withholding of pri%ileges= forfeit(re of salar# or s(spension= or an# of the combination of the foregoing: Pro%ided= That3 in all cases3 the total period shall not e)ceed fifteen &1-' da#s= &*' Pro%incial directors or e<(i%alent s(per%isors ma# s(mmaril# impose the administrati%e p(nishment of admonition or reprimand= restriction to specified limits= withholding of pri%ileges= forfeit(re of salar# or s(spension= or an# combination of the foregoing: Pro%ided3 That3 in all cases3 the total period shall not e)ceed thirt# &8A' da#s= &8' Police regional directors or e<(i%alent s(per%isors shall ha%e the power to impose (pon an# member the disciplinar# p(nishment of dismissal from the ser%ice! ?e ma# also impose the administrati%e p(nishment of admonition or reprimand= restriction to specified limits= withholding of pri%ileges= s(spension or forfeit(re of salar#= demotion= or an# combination of the foregoing: Pro%ided3 That3 in all cases3 the total period shall not e)ceed si)t# &+A' da#s= &9' The /hief of the PNP shall ha%e the power to impose the disciplinar# p(nishment of dismissal from the ser%ice= s(spension or forfeit(re of salar#= or an# combination thereof for a period not e)ceeding one h(ndred eight# &1A' da#s! &c' .)cl(si%e 6(risdiction! A complaint or a charge filed against a PNP member shall be heard and decided e)cl(si%el# b# the disciplining a(thorit# who has ac<(ired original >(risdiction o%er the case and notwithstanding the e)istence of conc(rrent >(risdiction as regards the offense: Pro%ided3 That offenses which carr# higher penalties referred to a disciplining a(thorit# shall be referred to the appropriate a(thorit# which has >(risdiction o%er the offense! 4or p(rposes of this Act3 a "minor offense" shall refer to an act or omission not in%ol%ing moral t(rpit(de3 b(t affecting the internal discipline of the PNP3 and shall incl(de3 b(t not limited to: &1' $imple miscond(ct or negligence= &*' "ns(bordination= &8' 4re<(ent absences or tardiness= &9' ?abit(al dr(nkenness= and &-' 2ambling prohibited b# law! 'ectio- /2. "ummary Dismissal Po.ers of the PNP Chief and Regional Directors. The /hief of the PNP and regional directors3 after d(e notice and s(mmar# hearings3 ma# immediatel# remo%e or dismiss an# respondent PNP member in an# of the following cases: &a' @hen the charge is serio(s and the e%idence of g(ilt is strong= &b' @hen the respondent is a recidi%ist or has been repeatedl# charged and there are reasonable gro(nds to belie%e that he is g(ilt# of the charges= and &c' @hen the respondent is g(ilt# of cond(ct (nbecoming of a police officer! 'ectio- /.. People9s 0a. +nforcement ,oard 7P0+,8. &a' /reation and 4(nctions! @ithin thirt# &8A' da#s from the iss(ance of the implementing r(les and reg(lations b# the /ommission3 there shall be created b# the sangg(niang panl(ngsodFba#an in e%er# cit# and m(nicipalit# s(ch n(mber of PeopleCs 1aw .nforcement 5oards &P1.5s' as ma# be necessar#: Pro%ided3 That there shall be at least one &1' P1.5 for e%er# m(nicipalit# and for each of the legislati%e districts in a cit#! The P1.5 shall ha%e >(risdiction to hear and decide citizenCs complaints or cases filed before it against erring officers and members of the PNP! There shall be at least one &1' P1.5 for e%er# fi%e h(ndred &-AA' cit# or m(nicipal police personnel! &b' /omposition and Term of Dffice! The P1.5 shall be composed of the following: &1' An# member of the sangg(niang panl(ngsodFba#an chosen b# his respecti%e sangg(nian= &*' An# baranga# captain of the cit# or m(nicipalit# concerned chosen b# the association of baranga# captains= and &8' Three &8' other members who shall be chosen b# the peace and order co(ncil from among the respected members of the comm(nit# known for their probit# and integrit#3 one &1' of whom m(st be a member of the 5ar or3 in the absence thereof3 a college grad(ate3 or the principal of the central elementar# school in the localit#! The /hairman of the P1.5 shall be elected from among its members! The term of office of the members of the P1.5 shall be for a period of two &*' #ears from ass(mption of office! $(ch member shall hold office (ntil his s(ccessor shall ha%e been chosen and <(alified! &c' /ompensation 7embership in the P1.5 is a ci%ic d(t#! ?owe%er3 P1.5 members ma# be paid per diem as ma# be determined b# the cit# or m(nicipal co(ncil from cit# or m(nicipal f(nds! &d' Proced(re &1' The P1.53 b# a ma>orit# %ote of all its members and its /hairman shall determine whether or not the respondent officer or member of the PNP is g(ilt# of the charge (pon which the complaint is based! &*' .ach case shall be decided within si)t# &+A' da#s from the time the case has been filed with the P1.5! &8' The proced(res in the P1.5 shall be s(mmar# in nat(re3 cond(cted in accordance with d(e process3 b(t witho(t strict regard to technical r(les of e%idence! &9' The /ommission shall iss(e the necessar# implementing g(idelines and proced(res to be adopted b# the P1.53 incl(ding grad(ated penalties which ma# be imposed b# the P1.5! &-' The /ommission ma# assign the present NAPD1/D7 hearing officers to act as legal cons(ltants of the P1.5s and pro%ide3 whene%er necessar#3 legal ser%ices3 assistance and ad%ise to the P1.5s in hearing and deciding cases against officers and members of the PNP3 especiall# those in%ol%ing diffic(lt <(estions of law: Pro%ided3 That these law#ers ma# also be assigned to in%estigate claims for death and disabilit# benefits of PNP members or their heirs! &e' 0ecisions The decision of the P1.5 shall become final and e)ec(tor#: Pro%ided3 That a decision in%ol%ing demotion or dismissal from the ser%ice ma# be appealed b# either part# with the regional appellate board within ten &1A' da#s from receipt of the cop# of the decision! 'ectio- //. Disciplinary Appellate ,oards. The formal administrati%e disciplinar# machiner# for the PNP shall be the National Appellate 5oard and the regional appellate boards! The National Appellate 5oard shall consist of fo(r &9' di%isions3 each di%ision composed of a /ommissioner as /hairman and two &*' other members! The 5oard shall consider appeals from decisions of the /hief of the PNP! The National Appellate 5oard ma# cond(ct its hearings or sessions in 7etropolitan 7anila or an# part of the co(ntr# as it ma# deem necessar#! There shall be at least one &1' regional appellate board per administrati%e region in the co(ntr# to be composed of a senior officer of the regional /ommission as /hairman and one &1' representati%e each from the PNP3 and the regional peace and order co(ncil as members! "t shall consider appeals from decisions of the regional directors3 other officials3 ma#ors3 and the P1.5s: Pro%ided3 That the /ommission ma# create additional regional appellate boards as the need arises! 'ectio- /5. &inality of Disciplinary Action. The disciplinar# action imposed (pon a member of the PNP shall be final and e)ec(tor#: Pro%ided3 That a disciplinar# action imposed b# the regional director or b# the P1.5 in%ol%ing demotion or dismissal from the ser%ice ma# be appealed to the regional appellate board within ten &1A' da#s from receipt of the cop# of the notice of decision: Pro%ided3 f(rther3 That the disciplinar# action imposed b# the /hief of the PNP in%ol%ing demotion or dismissal ma# be appealed to the National Appellate 5oard within ten &1A' da#s from receipt thereof: Pro%ided3 f(rthermore3 That the regional or National Appellate 5oard3 as the case ma# be3 shall decide the appeal within si)t# &+A' da#s from receipt of the notice of appeal: Pro%ided3 finall#3 That fail(re of the regional appellate board to act on the appeal within said period shall render the decision final and e)ec(tor# witho(t pre>(dice3 howe%er3 to the filing of an appeal b# either part# with the $ecretar#! 'ectio- /0. :urisdiction in Criminal Cases. An# pro%ision of law to the contrar# notwithstanding3 criminal cases in%ol%ing PNP members shall within the e)cl(si%e >(risdiction of the reg(lar co(rts: Pro%ided3 That the co(rts:martial appointed p(rs(ant to Presidential 0ecree No! 1-A shall contin(e to tr# P/:"NP members who ha%e alread# been arraigned3 to incl(de appropriate actions thereon b# the re%iewing a(thorities p(rs(ant to /ommonwealth Act No! 9A3 otherwise known as the Articles of @ar3 as amended3 and .)ec(ti%e Drder No! 1,3 otherwise known as the 7an(al for /o(rts:7artial: Pro%ided3 f(rther3 That criminal cases against P/:"NP members who ma# ha%e not #et been arraigned (pon the effecti%it# of this Act shall be transferred to the proper cit# or pro%incial prosec(tor or m(nicipal trial co(rt >(dge! 'ectio- /1. Preentie "uspension Pending Criminal Case. Epon the filing of a complaint or information s(fficient in form and s(bstance against a member of the PNP for gra%e felonies where the penalt# imposed b# law is si) &+' #ears and one &1' da# or more3 the co(rt shall immediatel# s(spend the acc(sed from office (ntil the case is terminated! $(ch case shall be s(b>ect to contin(o(s trial and shall be terminated within ninet# &9A' da#s from arraignment of the acc(sed! 'ectio- /8. +ntitlement to Reinstatement and "alary. A member of the PNP who ma# ha%e been s(spended from office in accordance with the pro%isions of this Act or who shall ha%e been terminated or separated from office shall3 (pon ac<(ittal from the charges against him3 be entitled to reinstatement and to prompt pa#ment of salar#3 allowances and other benefits withheld from him b# reason of s(ch s(spension or termination! 'ectio- /9. 0egal Assistance. The $ecretar# of the 0epartment of 6(stice3 the /hairman of the /ommission or the /hief of the PNP ma# a(thorize law#ers of their respecti%e agencies to pro%ide legal assistance to an# member of the PNP who is facing before the prosec(torCs office3 the co(rt or an# competent bod#3 a charge or charges arising from an# incident which is related to the performance of his official d(t#: Pro%ided3 That go%ernment law#ers so a(thorized shall ha%e the power to administer oaths! The $ecretar# of 6(stice3 the /hairman of the /ommission3 and the /hief of the PNP shall >ointl# prom(lgate r(les and reg(lations to implement the pro%isions of this section! 'ectio- 52. Po.er to Administer )aths. Dfficials of the /ommission who are appointed b# the President3 as well as officers of the PNP from rank of inspector to senior s(perintendent3 shall ha%e the power to administer oaths on matters which are connected with the performance of their official d(ties! D. PARTICIPATION OF %OCA% ")"C&TIV"' IN T!" AD#INI'TRATION OF T!" PNP 'ectio- 51. Po.ers of 0ocal /oernment )fficials )er the PNP Units or &orces. 2o%ernors and ma#ors shall be dep(tized as representati%es of the /ommission in their respecti%e territorial >(risdiction! As s(ch3 the local e)ec(ti%es shall discharge the following f(nctions: &a' Pro%incial 2o%ernor &1' Power to /hoose the Pro%incial 0irector! The pro%incial go%ernor shall choose the pro%incial director from a list of three &8' eligible recommended b# the PNP regional director! &*' D%erseeing the Pro%incial P(blic $afet# Plan "mplementation! The go%ernor3 as chairman of the pro%incial peace and order co(ncil3 shall o%ersee the implementation of the pro%incial p(blic safet# plan3 which is prepared taking into consideration the integrated comm(nit# safet# plans3 as pro%ided (nder paragraph &b' &*' of this section! &b' /it# and 7(nicipal 7a#ors &1' Dperational $(per%ision and /ontrol! The cit# and m(nicipal ma#ors shall e)ercise operational s(per%ision and control o%er PNP (nits in their respecti%e >(risdiction e)cept d(ring the thirt# &8A' da# period immediatel# preceding and the thirt# &8A' da#s following an# national3 local and baranga# elections! 0(ring the said period3 the local police forces shall be (nder the s(per%ision and control of the /ommission on .lections! The term "operational s(per%ision and control" shall mean the power to direct3 s(perintend3 o%ersee and inspect the police (nits and forces! "t shall incl(de the power to emplo# and deplo# (nits or elements of the PNP3 thro(gh the station commander3 to ens(re p(blic safet# and effecti%e maintenance of peace and order within the localit#! 4or this p(rpose3 the term "emplo#" and "deplo#" shall mean as follows: ".mplo#" refers to (tilization of (nits or elements of the PNP for p(rposes of protection of li%es and properties3 enforcement of laws3 maintenance of peace and order3 pre%ention of crimes3 arrest of criminal offenders and bringing the offenders to >(stice3 and ens(ring p(blic safet#3 partic(larl# in the s(ppression of disorders3 riots3 lawless %iolence3 rebellio(s seditio(s conspirac#3 ins(rgenc#3 s(b%ersion or other related acti%ities! "0eplo#" shall mean the orderl# organized ph#sical mo%ement of elements or (nits of the PNP within the pro%ince3 cit# or m(nicipalit# for p(rposes of emplo#ment as herein defined! &*' "ntegrated /omm(nit# $afet# Plans! The m(nicipalFcit# ma#or shall3 in coordination with the local peace and order co(ncil of which he is the chairman p(rs(ant to .)ec(ti%e Drder No! 8A93 as amended3 de%elop and establish an integrated areaFcomm(nit# p(blic safet# plan embracing priorities of action and program thr(sts for implementation b# the local PNP stations! "t shall3 likewise3 be the d(t# of the cit# or m(nicipal ma#or to sponsor periodic seminars for members of the PNP assigned or detailed in his cit# or m(nicipalit# in order to (pdate them regarding local ordinances and legislations! &8' Administrati%e 0isciplinar# Powers! "n the areas of discipline3 cit# and m(nicipal ma#ors shall ha%e the powers to impose3 after d(e notice and s(mmar# hearings3 disciplinar# penalties for minor offenses committed b# members of the PNP assigned to their respecti%e >(risdictions3 as pro%ided in $ection 91 of this Act! &9' Dther Powers! "n addition to the aforementioned powers3 cit# and m(nicipal ma#ors shall ha%e the following a(thorit# o%er the PNP (nits in their respecti%e >(risdictions: &i' A(thorit# to choose the chief of police from a list of fi%e &-' eligibles recommended b# the pro%incial police director3 preferabl# from the same pro%ince3 cit# or m(nicipalit#! &ii' A(thorit# to recommend the transfer3 reassignment or detail of PNP members o(tside of their respecti%e cit# or town residences= and &iii' A(thorit# to recommend3 from a list of eligibles pre%io(sl# screened b# the peace and order co(ncil3 the appointment of new members of the PNP to be assigned to their respecti%e cities or m(nicipalities witho(t which no s(ch appointment shall be attested! 'ectio- 52. "uspension of )perational "uperision and Control. The President ma#3 (pon cons(ltation with the pro%incial go%ernor and congressman concerned3 s(spend the power of operational s(per%ision and control of an# local e)ec(ti%e o%er police (nits assigned or stationed in his >(risdiction for an# of the following gro(nds: &a' 4re<(ent (na(thorized absences= &b' Ab(se of a(thorit#= &c' Pro%iding material s(pport to criminal elements= or &d' .ngaging in acts inimical to national sec(rit# or which negate the effecti%eness of the peace and order campaign! Epon good ca(se shown3 the President ma#3 mot( propio or (pon the recommendation of the National Police /ommission3 restore s(ch power withdrawn from an# local e)ec(ti%e! C!APT"R IV (&R"A& OF FIR" PROT"CTION 'ectio- 5.. Composition. The 5(rea( of 4ire Protection3 hereinafter referred to as the 4ire 5(rea(3 is hereb# created initiall# consisting of the e)isting officers and (niformed members of the fire ser%ice of the "ntegrated National Police as constit(ted (nder Presidential 0ecree No! ,+-! 'ectio- 5/. Po.ers and &unctions. The 4ire 5(rea( shall be responsible for the pre%ention and s(ppression of all destr(cti%e fires on b(ildings3 ho(ses and other str(ct(res3 forest3 land transportation %ehicles and e<(ipment3 ships or %essels docked at piers or whar%es or anchored in ma>or seaports3 petrole(m ind(str# installations3 plane crashes and other similar incidents3 as well as the enforcement of the 4ire /ode and other related laws! The 4ire 5(rea( shall ha%e the power to in%estigate all ca(ses of fires and3 if necessar#3 file the proper complaints with the cit# or pro%incial prosec(tor who has >(risdiction o%er the case! 'ectio- 55. )rganization. The 4ire 5(rea( shall be headed b# a chief who shall be assisted b# a dep(t# chief! "t shall be composed of pro%incial offices3 district offices and cit# or m(nicipal stations! At the pro%incial le%el3 there shall be an office of the pro%incial fire marshall which shall implement the policies3 plans and programs of the 0epartment= and monitor3 e%al(ate and coordinate the operations and acti%ities of the fire ser%ice operating (nits at the cit# and m(nicipal le%els! "n the case of large pro%inces3 district offices ma# be established3 to be headed b# a district fire marshall! At the cit# or m(nicipal le%el3 there shall be a fire station3 each headed b# a cit# or m(nicipal fire marshall: Pro%ided3 That3 in the case of large cities and m(nicipalities3 a district office with s(bordinate fire stations headed b# a district fire marshall ma# be organized as necessar#! The 4ire /hief shall recommended to the $ecretar# the organizational str(ct(re and staffing pattern3 as well as the disciplinar# machiner# for officers and men of the 5(rea(3 in accordance with the g(idelines set forth herein and as pro%ided in $ection - of this Act! The local go%ernment (nits at the cit# and m(nicipal le%els shall be responsible for the fire protection and %ario(s emergenc# ser%ices s(ch as resc(e and e%ac(ation of in>(red people at fire:related incidents and3 in general3 all fire pre%ention and s(ppression meas(res to sec(re the safet# of life and propert# of the citizenr#! 'ectio- 50. +sta%lishment of &ire "tation. There shall be established at least one &1' fire station with ade<(ate personnel3 firefighting facilities and e<(ipment in e%er# pro%incial capital3 cit# and m(nicipalit# s(b>ect to the standards3 r(les and reg(lations as ma# be prom(lgated b# the 0epartment! The local go%ernment (nit shall3 howe%er3 pro%ide the necessar# and or site of the station! 'ectio- 51. Qualification "tandards. The <(alification standards of the members of the 4ire 5(rea( shall be as prescribed b# the 0epartment based on the re<(irement of the ser%ice! 'ectio- 58. Ran( Classification. 4or p(rposes of efficient administration3 s(per%ision and control3 the rank classification of the members of the 4ire 5(rea( shall be as follows: 0irector /hief $(perintendent $enior $(perintendent $(perintendent /hief "nspector $enior "nspector "nspector $enior 4ire Dfficer "; $enior 4ire Dfficer """ $enior 4ire Dfficer "" $enior 4ire Dfficer " 4ire Dfficer """ 4ire Dfficer "" 4ire Dfficer " 'ectio- 59. 6ey Positions. The head of the 4ire 5(rea( with the rank of director shall ha%e the position title of /hief of the 4ire 5(rea(! ?e shall be assisted b# a dep(t# chief with the rank of chief s(perintendent! The assistant heads of the 0epartmentCs regional offices with the rank of senior s(perintendent shall ass(me the position title of Assistant Regional 0irector for 4ire Protection as pro%ided in $ection 11 of this Act= the heads of the N/R district offices with the rank of senior s(perintendent shall ha%e the position title of 0istrict 4ire 7arshall= the heads of the pro%incial offices with the rank of s(perintendent shall be known as Pro%incial 4ire 7arshall= the heads of the district offices with the rank of chief inspector shall ha%e the position title of 0istrict 4ire 7arshall= and the heads of the m(nicipal or cit# stations with the rank of senior inspector shall be known as /hief of 7(nicipalF/it# 4ire $tation! C!APT"R V (&R"A& OF 8AI% #ANA"#"NT AND P"NO%O* 'ectio- 02. Composition. The 5(rea( of 6ail 7anagement and Penolog#3 hereinafter referred to as the 6ail 5(rea(3 is hereb# created initiall# consisting of officers and (niformed members of the 6ail 7anagement and Penolog# $er%ice as constit(ted (nder Presidential 0ecree No! ,+-! 'ectio- 01. Po.ers and &unctions. The 6ail 5(rea( shall e)ercise s(per%ision and control o%er all cit# and m(nicipal >ails! The pro%incial >ails shall be s(per%ised and controlled b# the pro%incial go%ernment within its >(risdiction3 whose e)penses shall be s(bsidized b# the National 2o%ernment for not more than three &8' #ears after the effecti%it# of this Act! 'ectio- 02. )rganization. The 6ail 5(rea( shall be headed b# a /hief who shall be assisted b# a dep(t# chief! The >ail 5(rea( shall composed of cit# and m(nicipal >ails3 each headed b# a cit# or m(nicipal >ail warden: Pro%ided3 That3 in the case of large cities and m(nicipalities3 a district >ail with s(bordinate >ails headed b# a district >ail warden ma# be established as necessar#! The /hief of the 6ail 5(rea( shall recommended to the $ecretar# the organizational str(ct(re and staffing pattern of the 5(rea( as well as the disciplinar# machiner# for officers and men of the 5(rea( in accordance with the g(idelines set forth herein and as prescribed in $ection - of this Act! 'ectio- 0.. +sta%lishment of District- City or $unicipal :ail. There shall be established and maintained in e%er# district3 cit# and m(nicipalit# a sec(red3 clean ade<(atel# e<(ipped and sanitar# >ail for the c(stod# and safekeeping of cit# and m(nicipal prisoners3 an# f(giti%e from >(stice3 or person detained awaiting in%estigation or trial andFor transfer to the national penitentiar#3 andFor %iolent mentall# ill person who endangers himself or the safet# of others3 d(l# certified as s(ch b# the proper medical or health officer3 pending the transfer to a medical instit(tion! The m(nicipal or cit# >ail ser%ice shall preferabl# be headed b# a grad(ate of a fo(r &9' #ear co(rse in ps#cholog#3 ps#chiatr#3 sociolog#3 n(rsing3 social work or criminolog# who shall assist in the immediate rehabilitation of indi%id(als or detention of prisoners! 2reat care m(st be e)ercised so that the h(man rights of this prisoners are respected and protected3 and their spirit(al and ph#sical well: being are properl# and promptl# attended to! 'ectio- 0/. Ran( Classification. 4or p(rpose of efficient administration3 s(per%ision and control3 the rank classification of the members of the 6ail 5(rea( shall be as follows: 0irector /hief $(perintendent $enior $(perintendent $(perintendent /hief "nspector $enior "nspector "nspector $enior 6ail Dfficer "; $enior 6ail Dfficer """ $enior 6ail Dfficer "" $enior 6ail Dfficer " 6ail Dfficer """ 6ail Dfficer "" 6ail Dfficer " 'ectio- 05. 6ey Positions. The head of the 6ail 5(rea( with the rank of director shall ha%e the position title of /hief of 6ail 5(rea(! ?e shall be assisted b# a dep(t# chief with the rank of chief s(perintendent! The assistant heads of the 0epartmentCs regional offices with the rank of senior s(perintendent shall ass(me the position title of Assistant Regional 0irector of 6ail 7anagement and Penolog# as pro%ided b# $ection 1* of this Act= the heads of district offices with the rank of chief inspector shall ha%e the position title of 0istrict 6ail @arden= and the heads of the cit# or m(nicipal stations with the rank of senior inspector shall be known as /it#F7(nicipal 6ail @arden! C!APT"R VI T!" P!I%IPPIN" P&(%IC 'AF"T* CO%%"" 'ectio- 00. Creation of the Philippine Pu%lic "afety College. There is hereb# created the Philippine P(blic $afet# /ollege &PP$/'3 which shall be the premier ed(cational instit(tion for the training3 h(man reso(rce de%elopment and contin(ing ed(cation of all personnel of the PNP3 4ire and 6ail 5(rea(s! $aid /ollege shall be (nder the direct s(per%ision of a 5oard of Tr(stees composed of the $ecretar# and the three &8' b(rea( heads! 'ectio- 01. Composition- Po.ers and &unctions. The /ollege shall consist of the present Philippine National Police Academ# &PNPA' established p(rs(ant to $ection 18 of Presidential 0ecree No! 1193 the 4ire $er%ice Training /enter3 the Philippine National Training /enter &PNT/'3 the National Police /ollege3 and other special training centers as ma# be created b# the 0epartment3 whose f(nctions shall be as follows: &a' 4orm(late and implement training programs for the personnel of the 0epartment= &b' .stablish and maintain ade<(ate ph#sical training facilities= &c' 0e%elop and implement research and de%elopment to s(pport ed(cational training programs= &d' /ond(ct an assessment of the training needs of all its clientele= and &e' Perform s(ch other related f(nctions as ma# be prescribed b# the $ecretar#! 'ectio- 08. )rganization. The str(ct(re and staffing pattern of the /ollege shall be prescribed b# the $ecretar#! C!APT"R VII CO##ON PROVI'ION' FOR &NIFOR#"D P"R'ONN"% 'ectio- 09. !ncenties and A.ards. There shall be established an incenti%es and awards s#stem which shall be administered b# a board (nder s(ch r(les3 reg(lations and standards as ma# be prom(lgated b# the 0epartment: Pro%ided3 That e<(i%alent awards shall be gi%en b# the 0epartment for e%er# award d(l# gi%en b# respectable ci%ic organizations in a nationwide selection for o(tstanding achie%ement andFor performance of an# member! 'ectio- 12. 5ealth and Welfare. "t shall be the concern of the 0epartment to pro%ide leadership and assistance in de%eloping health and welfare programs for its personnel! The heads of all b(rea(s and other offices created (nder this Act shall take all proper steps towards the creation of an atmosphere cond(ci%e to a good s(per%isor:s(bordinate relationship and the impro%ement of personnel morale! 'ectio- 11. 0ongeity Pay and Allo.ances. Eniformed personnel of the 0epartment shall be entitled to a longe%it# pa# of ten percent &1AH' of their basic monthl# salaries for e%er# fi%e &-' #ears of ser%ice3 which shall be reckoned from the date of the personnelCs original appointment in the A4P3 or appointment in the police3 fire >ail or other allied ser%ices to the integration of the P/ and the "NP: Pro%ided3 That the totalit# of s(ch longe%it# pa# shall not e)ceed fift# percent &-AH' of the basic pa#! The# shall also contin(e to en>o# the s(bsistence allowance3 <(arters allowance3 clothing allowance cost of li%ing allowance3 hazard pa#3 and all other allowances as pro%ided b# e)isting laws! 'ectio- 12. Actie "erice. 4or p(rposes of this Act3 acti%e ser%ice of the (niformed personnel shall refer to ser%ices rendered as an officer and non:officer3 cadet3 trainee or draftee in the PNP3 4ire or 6ail 4orce or in the m(nicipal police prior to the integration of the P/:"NP or in the A4P3 and ser%ices rendered as a ci%ilian official or emplo#ee in the Philippine 2o%ernment prior to the date of separation or retirement from the PNP3 4ire or 6ail 4orce: Pro%ided3 That3 for p(rposes of retirement he shall ha%e rendered at least ten &1A' #ears of acti%e ser%ice as officer or non:officer in the A4P3 and For in the "NP andFor in the PNP3 4ire or 6ail 4orce: Pro%ided3 f(rther3 That ser%ices rendered as cadet3 probationar# officer3 trainee or draftee in the A4P or as cadet or trainee in the "NP and PNP shall be credited for p(rposes of longe%it# pa#: Pro%ided3 finall#3 That3 for cadet ser%ices3 the ma)im(m n(mber of ser%ice to be credited shall not e)ceed the d(ration of the pre:commissionship co(rse specified in the c(rric(l(m! 'ectio- 1.. Permanent Physical Disa%ility. An officer or non:officer who3 ha%ing acc(m(lated at least twent# &*A' #ears of acti%e ser%ice3 inc(rs total permanent ph#sical disabilit# in line of d(t# shall be comp(lsoril# retired: Pro%ided3 That3 if he has acc(m(lated less than twent# &*A' #ears of acti%e ser%ice3 he shall be separated from the ser%ice and be entitled to a separation pa# e<(i%alent to one and one:fo(rth &11F9' months base pa# for e%er# #ear of ser%ice3 or a fraction thereof3 and longe%it# pa# of the permanent grade he holds! 'ectio- 1/. Retirement in the Ne't 5igher /rade. Eniformed personnel co%ered (nder this Act shall3 for p(rposes of retirement pa#3 be retired in one &1' grade higher than the permanent grade last held: Pro%ided3 That the# ha%e ser%ed for at least one &1' #ear of acti%e ser%ice in the permanent grade! 'ectio- 15. Retirement ,enefits. 7onthl# retirement pa# shall be fift# percent &-AH' of the base pa# and longe%it# pa# of the retired grade in case of twent# &*A' #ears of acti%e ser%ice3 increasing b# two and one:half percent &*!-H' for e%er# #ear of acti%e ser%ice rendered be#ond twent# &*A' #ears to a ma)im(m of ninet# percent &9AH' for thirt#:si) &8+' #ears of acti%e ser%ice and o%er! 'ectio- 10. Death and Disa%ility ,enefits. A (niformed personnel andFor his heirs shall be entitled to all benefits relati%e to the death or permanent incapacit# of said personnel3 as pro%ided for (nder this Act3 andFor other e)isting laws! 'ectio- 11. +'emption from Attachment and Ta'es. All benefits granted b# this Act3 incl(ding benefits recei%ed from the 2o%ernment $er%ice "ns(rance $#stem3 shall not be s(b>ect to attachment3 le%#3 e)ec(tion or an# ta) of whate%er nat(re! 'ectio- 18. Uniformed Personnel $issing in Action. An# (niformed personnel who while in the performance of d(t# or b# reason of his being an officer or member of the PNP3 4ire or 6ail 4orce3 is officiall# confirmed missing in action3 kidnapped or capt(red b# lawless elements shall3 while so absent3 be entitled to recei%e or to ha%e credited to his acco(nt the same pa# and allowances to which s(ch officer or (niformed member was entitled at the time of the incident: Pro%ided3 That the comp(lsor# retirement of a person missing in action shall be processed to allow the members of the ne)t of kin to en>o# the retirement benefits: Pro%ided3 f(rther3 That sho(ld the /hief of the PNP3 4ire or 6ail 4orce3 as the same ma# be3 (pon the recommendation of the proper a(thorit# andFor immediate s(per%isor3 s(bse<(entl# determine that the officer or (niformed member concerned ha%e been absent from d(t# witho(t a(thorit#3 s(ch member or his heirs shall reimb(rse the PNP3 4ire or 6ail 4orce all s(ch amo(nt and allowances recei%ed b# him in accordance with this section and the following section! 'ectio- 19. Payment of "alary and Allo.ances to the 5eirs of Uniformed Personnel. "n case an# (niformed personnel has been officiall# confirmed as missing in action (nder an# of the circ(mstances pro%ided in the preceding section3 the /hief of the PNP3 4ire or 6ail 4orce3 as the case ma# be3 shall direct pa#ment of the absent (niformed personnelCs monthl# salar# and allowances and other emol(ments pertinent thereto hisFher heirs for their s(pport for a ma)im(m period of one &1' #ear from the date of commencement of absent or when last heard from as those kidnapped or capt(red b# lawless elements! 'ectio- 82. &inding of Death and Termination of Payment of "alary and Allo.ances. Epon the termination of the one &1' #ear period as specified in the preceding section3 the missing (niformed personnel shall be a(tomaticall# terminated! "n the e%ent said personnel shall thereafter be fo(nd to ha%e been ali%e and is not entitled to the benefits paid (nder the preceding sections of this Act3 said benefits shall be reimb(rsed to the $tate within si) &+' months from the disco%er# of the fact or his reappearance! ?owe%er3 if his contin(ed disappearance was fra(d(lent or made in bad faith he shall3 together with his co: conspirators3 be prosec(ted according to law! 'ectio- 81. Complaints and /rieances. Eniformed personnel shall ha%e the right to present complaints and grie%ances to their s(periors or commanders and ha%e them heard and ad>(dicated as e)peditio(sl# as possible in the best interest of the ser%ice3 with d(e regard to d(e process in e%er# case! $(ch complaints or grie%ances shall be resol%ed at the lowest possible le%el in the (nit of command and the respondent shall ha%e the right to appeal from an ad%erse decision to higher a(thorities! 'ectio- 82. Prohi%itions; Penalties. As professional police3 fire and >ail officers and members responsible for the maintenance of peace and order and p(blic safet#3 the members and officers of the PNP3 4ire or 6ail 4orce are hereb# prohibited from engaging in strikes3 rallies3 demonstrations and other similar concerted acti%ities3 or performing other acts pre>(dicial to good order and police discipline! An# PNP3 fire or 6ail 4orce member fo(nd g(ilt# b# final >(dgment of %iolating the pro%isions of the preceding paragraph shall be dismissed from the ser%ice witho(t pre>(dice to whate%er criminal or ci%il liabilit# he ma# ha%e inc(rred in relation to s(ch %iolations! C!APT"R VIII TRAN'ITOR* PROVI'ION' 'ectio- 8.. "ecretary of the Department of 0ocal /oernment on 5oldoer Capacity. The inc(mbent $ecretar# of the 0epartment of 1ocal 2o%ernment shall perform the f(nctions of the $ecretar# of the "nterior and 1ocal 2o%ernment on holdo%er capacit# (ntil s(ch time when a new $ecretar# shall ha%e been appointed b# the President and confirmed b# the /ommission on Appointments! 'ectio- 8/. "pecial )ersight Committee. A special D%er:sight /ommittee is hereb# created3 composed of the $ecretar# as /hairman3 the $ecretar# of 5(dget and 7anagement as /o:chairman3 the $ecretar# of National defense3 the inc(mbent P/:"NP 0irector 2eneral3 the inc(mbent /hairman of the /i%il $er%ice /ommission3 the respecti%e /hairmen of the /ommittee on 1ocal 2o%ernment and the /ommittee on National 0efense and $ec(rit# in the $enate3 and the respecti%e /hairmen of the /ommittee on P(blic Drder and $ec(rit# and the /ommittee on National 0efense in the ?o(se of Representati%es3 as members3 which shall plan and o%ersee the e)peditio(s implementation of the transfer3 merger andFor absorption into the 0epartment of the personnel3 propert#3 appropriations and installations of in%ol%ed agencies! 'ectio- 85. Phases of !mplementation. The implementation of this Act shall be (ndertaken in three &8' phases3 to wit: Phase " .)ercise of option b# the (niformed members of the Philippine /onstab(lar#3 the P/ elements assigned with the Narcotics /ommand3 /"$3 and the personnel of the technical ser%ices of the A4P assigned with the P/ to incl(de the reg(lar /"$ in%estigating agents and the operati%es and agents of the NAPD1/D7 "nspection3 "n%estigation and "ntelligence 5ranch3 and the personnel of the absorbed National Action /ommittee on Anti:?i>acking &NA/A?' of the 0epartment of National 0efense to be completed within si) &+' months from the date of the effecti%it# of this Act! At the end of this phase3 all personnel from the "NP3 P/= A4P Technical $er%ices3 NA/A? and NAPD1/D7 "nspection3 "n%estigation and "ntelligence 5ranch shall ha%e been co%ered b# official orders assigning them to the PNP3 4ire and 6ail 4orces b# their respecti%e (nits! Phase "" Appro%al of the table of organization and e<(ipment of all b(rea(s and offices created (nder this Act3 preparation and filling (p of their stalling pattern3 transfer of assets to the 0epartment and organization of the /ommission3 to be completed within twel%e &1*' months from the effecti%it# date hereof! At the end of this phase3 all personnel to be absorbed b# the 0epartment shall ha%e been iss(ed appointment papers3 and the organized /ommission and the PNP shall be f(ll# operational! The P/ officers and enlisted personnel who ha%e not opted to >oin the PNP shall be reassigned to the Arm#3 Na%# or Air 4orce3 or shall be allowed to retire (nder e)isting A4P r(les and reg(lations! An# P/:"NP officer or enlisted personnel ma#3 within the twel%e:month period from the effecti%it# of this Act3 retire and be paid retirement benefits corresponding to a position two &*' ranks higher than his present grade3 s(b>ect to the conditions that at the time he applies for retirement3 he has rendered at least twent# &*A' #ears of ser%ice and still has3 at most3 twent#:fo(r &*9' months of ser%ice remaining before the comp(lsor# retirement age as pro%ided b# e)isting law for his office! Phase """ Ad>(stment of ranks and establishment of one &1' lineal roster of officers and another for non:officers3 and the rationalization of compensation and retirement s#stems= taking into consideration the e)isting compensation schemes and retirement and separation benefit s#stems of the different components of the PNP3 to ens(re that no member of the PNP shall s(ffer an# dimin(tion in basic longe%it# and incenti%e pa#s3 allowances and retirement benefits d(e there before the creations of the PNP3 to be completed within eighteen &1' months from the effecti%it# of this Act! To accomplish the task of Phase """3 the /ommission shall create a 5oard of officers composed of the following: NAPD1/D7 /ommissioner as /hairman and one &1' representati%e each for the P/3 5(dget and 7anagement! Epon the effecti%it# of this Act3 the $ecretar# shall e)ercise administrati%e s(per%ision as well as operational control o%er the transferred3 merged andFor absorbed A4P and "NP (nits! The inc(mbent 0irector 2eneral of the P/:"NP shall contin(e to act as 0irector 2eneral of the PNP (ntil s(ch time as he shall ha%e been replaced b# the President! 'ectio- 80. Assumption %y the PNP of Police &unctions. The PNP shall absorb the f(nctions of the P/3 the "NP and the Narcotics /ommand (pon the effecti%it# of this Act! All f(nctions of the PA4$./D7 and the police f(nctions of the /oast 2(ard shall be taken o%er b# the PNP when it ac<(ires the capabilit# to perform s(ch f(nctions after the transition period of eighteen &1' months! The personnel of the PA4$./D7 or the /oast 2(ard shall3 within the transition period3 ha%e the option to >oin the PNP or remain with the PA4$./D7 or the /oast 2(ard3 as the case ma# be! 'ectio- 81. A%sorption %y the Department of the National Action Committee on Anti#5i<ac(ing. The 0epartment shall absorb the National Action /ommittee on Anti:?i>acking (nder the 0epartment of National 0efense3 and the transfer of assets3 personnel and acco(ntabilities of this office to the 0epartment shall proceed in accordance with the pro%isions of this chapter! 'ectio- 88. Transfer- $erger- and A%sorption of )ffices and Personnel. All properties3 e<(ipment3 finances of the transferred and absorbed agencies3 incl(ding their respecti%e acco(ntabilities3 are hereb# transferred to the 0epartment! The transfer3 merger andFor absorption of an# go%ernment officeF(nit concerned shall incl(de the f(nctions3 appropriations3 f(nds3 records3 e<(ipment3 facilities3 choses in action3 rights3 other assets3 and liabilities3 if an#3 of the transferred DfficeF(nit as well as the personnel thereof3 who shall= (nless remo%ed for ca(se and after d(e process= in a holdo%er capacit#3 contin(e to perform their respecti%e d(ties and responsibilities and recei%e their corresponding salaries and benefits! Those personnel of the transferred3 merged3 andFor absorbed officeF(nit whose positions are not incl(ded in the new position str(ct(re and staffing pattern appro%ed b# the 0epartment or who are not reappointed shall be gi%en preference to >oin the 0epartment or an# of the offices there(nder or shall be allowed to retire (nder e)isting laws3 r(les and reg(lations! Dtherwise3 the# shall be deemed separated and paid grat(it# e<(i%alent to one and one:fo(rth &11F9' months basic salar# for e%er# #ear of ser%ice or a fraction thereof! The personnel of the e)isting 0epartment of 1ocal 2o%ernment shall3 (nless remo%ed for ca(se and after d(e process3 contin(e to perform their d(ties and responsibilities and shall recei%e their corresponding salaries and benefits! The heads of the %ario(s b(rea(s and offices created (nder this Act shall3 within si) &+' months from the effecti%it# of this Act3 recommended the organizational str(ct(re and staffing pattern of their b(rea(s3 and offices for appro%al b# the $ecretar#! 'ectio- 89. Compulsory Retirement for !NP $em%ers. An# pro%ision hereof to the contrar# notwithstanding and within the transition period of fo(r &9' #ears following the effecti%it# of this Act3 the following members of the "NP shall be considered comp(lsoril# retired: &a' Those who shall attain the age of si)t# &+A' on the first #ear of the effecti%it# of this Act! &b' Those who shall attain the age of fift#:nine &-9' on the second #ear of the effecti%it# of this Act= and &c' Those who shall attain the age of fift#:eight &-' on the third #ear of the effecti%it# of this Act! &d' Those who shall attain the age of fift#:se%en &-,' on the fo(rth #ear of the effecti%it# of this Act! 'ectio- 92. "tatus of Present NAP)0C)$- PC#!NP. Epon the effecti%it# of this Act3 the present National Police /ommission3 and the Philippine /onstab(lar#:"ntegrated National Police shall cease to e)ist! The Philippine /onstab(lar#3 which is the n(cle(s of the integrated Philippine /onstab(lar#: "ntegrated National Police3 shall cease to be a ma>or ser%ice of the Armed 4orces of the Philippines! The "ntegrated National Police3 which is the ci%ilian component of the Philippine /onstab(lar#:"ntegrated National Police3 shall cease to be the national police force and in lie( thereof3 a new police force shall be established and constit(ted p(rs(ant to this Act! C!APT"R I) FINA% PROVI'ION' 'ectio- 91. Application of Ciil "erice 0a.s. The /i%il $er%ice 1aw and its implementing r(les and reg(lations shall appl# to all personnel of the 0epartment! 'ectio- 92. &unding. 4or p(rpose of organizing and constit(ting the 0epartment3 and for carr#ing o(t the pro%isions of this Act3 the appropriations of the abolished3 transferred or reconstit(ted offices for the c(rrent fiscal #ear shall be transferred to the 0epartment! Thereafter3 s(ch as ma# be necessar# to carr# o(t the pro%isions of this Act shall be incl(ded in the ann(al 2eneral Appropriations Act! 'ectio- 9.. !mplementing Rules and Regulations. @ithin ninet# &9A' da#s from his appointment3 the $ecretar# shall prom(lgate r(les and reg(lations necessar# to ens(re the effecti%e implementation of this Act! 'ectio- 9/. "epara%ility Clause. "f an# portion or pro%ision of this Act is declared (nconstit(tional3 the same shall not effect the %alidit# and effecti%it# of the other pro%isions not affected thereb#! 'ectio- 95. Repealing Clause. All laws3 decrees3 e)ec(ti%e orders3 r(les and reg(lations3 and other iss(ances or parts thereof which are inconsistent with this Act hereb# repealed3 amended or modified accordingl#! The pro%isions of .)ec(ti%e Drder No! *+* shall remain %alid insofar as the# are not inconsistent with the pro%isions of this Act! 'ectio- 90. +ffectiity. This Act shall take effect after fifteen &1-' da#s following its p(blication in two &*' national newspapers of general circ(lation! Appro%ed: Dece7ber 1., 1992