Lesson 4

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SALIENT PROVISIONS OF RA 6975

AS AMENDED BY RA 8551 AND RA 9708

“REPUBLIC ACT 6975”1

“AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A


REORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
ACT AND OTHER PURPOSES”

“Establishment of the Philippine National Police”

        By virtue of RA 6975, a highly effective and competent police force that is national
in scope and civilian in character was established.

Approved on December 13, 1990, RA 6975 is also known as the "Department


of the Interior and Local Government Act of 1990.".

  RA 6975 states that “The police force shall be organized, trained, and
equipped primarily for the performance of police functions. Its national scope and
civilian character shall be paramount. No element of the police force shall be
military nor shall any position thereof be occupied by active members of the
Armed Forces of the Philippines”.

Section 23. Composition. – Subject to the limitations provided for in this Act,


the Philippine National Police, hereinafter referred to as the PNP, is hereby established,
initially consisting of the members of the police forces who were integrated into the
Integrated National Police (INP) pursuant to Presidential Decree No. 765, and the
officers and enlisted personnel of the Philippine Constabulary (PC). For purposes of this
Act, the officers and enlisted personnel of the PC shall include those assigned with the
Narcotics Command (NARCOM) or the Criminal Investigation Service (CIS); and those
of the technical services of the AFP assigned with the PC and the civilian operatives of
the CIS. The regular operatives of the abolished NAPOLCOM Inspection, Investigation,
and Intelligence Branch may also be absorbed by the PNP. In addition, PC officers or
enlisted personnel may transfer to any of the branches or services of the Armed Forces
of the Philippines in accordance with the provisions of Section 85 of this Act.

“Creation of Women’s Desk in all police station and formulation of a gender


sensitivity program”

Section 57. Creation and Functions. – The PNP shall establish women's desks
in all police stations throughout the country to administer and attend to cases involving
crimes against chastity, sexual harassment, abuses committed against women and
children, and other similar offenses: Provided, That municipalities and cities presently
without policewomen will have two (2) years upon the effectivity of this Act within which
to comply with the requirement of this provision.

Section 58. Prioritization of Women for Recruitment. – Within the next five (5)
years, the PNP shall prioritize the recruitment and training of women who shall serve at
the women's desk. Pursuant to this requirement, the PNP shall reserve ten percent
(10%) of its annual recruitment, training, and education quota for women.

“Creation of the Philippine Public Safety College”

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Section 66. Creation of the Philippine Public Safety College. – There is
hereby created the Philippine Public Safety College (PPSC), which shall be the premier
educational institution for the training, human resource development, and continuing
education of all personnel of the PNP, Fire, and Jail Bureaus.

Said College shall be under the direct supervision of a Board of Trustees


composed of the Secretary and the three (3) bureau heads. 2

“Significant Amendments to RA 6975”

PROVISION RA 6975 RA 8551


The role of the PNP (Section 12) - During a period (Section 3) - DILG was
in counter- of 24 months from the relieved of the primary
insurgency functions effectivity of this Act, the responsibility on matters
Armed Forces of the involving the suppression of
(Relationship of the Philippines (AFP) shall insurgency and other serious
Department with the continue its present role of threats to national security
Department of preserving the internal and
National Defense) external security of the State. The PNP, through information
After which, the Department gathering and performance of
shall automatically take over its ordinary police functions,
from the AFP the primary role shall support the Armed
of preserving internal security, Forces of the Philippines on
leaving to the AFP its primary matters involving suppression
role of preserving external of insurgency, except in cases
security. where the President shall call
on the PNP to support the
AFP in combat operations.

Examinations of (Section 32) - The Civil (Section 21) - The National


Policemen Service Commission shall Police Commission shall
administer the qualifying administer the entrance and
entrance examinations for promotional examinations for
policemen on the basis of the policemen on the basis of the
standards set by the standards set by the
NAPOLCOM. Commission."

Qualifications of (Section 34) – (Section 22) –


Chief of City and Chief of a city police station Chief of a city police station
Municipal Police
Stations Holds a bachelor's degree A graduate of Bachelor of
from a recognized institution Laws or has finished all the
of learning or has served in required courses of a
the Philippine Constabulary or master's degree program in
in the police department of public administration,
any city or municipality with criminology, criminal justice,
the rank of captain or its law enforcement, national
equivalent therein for at least security administration,
three (3) years. defense studies, and other
related disciplines from a
recognized institution of

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learning.
Chief of a municipal police
station Chief of a municipal police
station
Holds a bachelor's degree
from a recognized institution Has finished at least a
of learning or has served as second-year Bachelor of
an officer in the Philippine Laws or has earned at least
Constabulary or in the police twelve (12) units in a master's
department of any city or degree program in public
municipality for at least two (2) administration, criminology,
years with the rank lieutenant criminal justice, law
or its equivalent. enforcement, national security
administration, and other
A member of the Bar with at related disciplines from a
least five (5) years experience recognized institution of
in active law practice and who learning:
possesses the general
qualifications under Section Members of the Bar with at
30 of this Act shall be qualified least five (5) years of law
for appointment as chief of a practice, licensed
city or municipal police criminologists, or graduates of
station: the Philippine National Police
Academy and who possess
the general qualifications for
initial appointment to the PNP
shall be qualified for
appointment as chief of a
city or municipal police
station.
Participation of local (Section 51) (Section 62)
government
executives in the The term "operational The term 'operational
administration of the supervision and control" shall supervision and control' shall
PNP mean the power to direct, mean the power to direct,
superintend, oversee, and superintend, and oversee the
inspect the police units and day-to-day functions of police
forces. investigation of crime, crime
prevention activities, and
traffic control in accordance
with the rules and regulations
promulgated by the
Commission.

General qualification (Section 30-D) (Section 14-D)


for appointment
Must possess a formal Must possess a formal
baccalaureate degree for baccalaureate degree from a
appointment as an officer recognized institution of
and must have finished at learning
least second-year college
or the equivalent of
seventy-two (72) collegiate PNP members who are
units for appointment as already in the service upon
non-officer or equivalent the effectivity of this Act shall
training or experience for be given at least two (2) more
those already in the service years to obtain the minimum
upon the effectivity of this Act. educational qualification.

"After the lapse of the time


period for the satisfaction of a
specific requirement, current
members of the PNP who will
fail to satisfy any of the
requirements enumerated
under this Section shall be
separated from the service if
they are below fifty (50) years
of age and have served in
Government for less than
twenty (20) years or retired if
they are from the age of fifty
(50) and above and have
served the Government for at
least twenty (20) years
without prejudice in either
case to the payment of
benefits they may be entitled
to under existing laws."

(FURTHER AMENDED BY
RA 9708)

“AN ACT EXTENDING FOR


FIVE (5) YEARS THE
REGLEMENTARY PERIOD
FOR COMPLYING WITH
THE MINIMUM
EDUCATIONAL
QUALIFICATION FOR
APPOINTMENT TO THE
PHILIPPINE NATIONAL
POLICE (PNP) AND
ADJUSTING THE
PROMOTION SYSTEM
THEREOF, AMENDING FOR
THE PURPOSE PERTINENT
PROVISIONS OF REPUBLIC
ACT NO. 6975 AND
REPUBLIC ACT NO. 8551
AND FOR OTHER
PURPOSES”

PNP members who are


already in the service upon
the effectivity of Republic Act
No. 8551 shall be given five
(5) years to obtain the
minimum educational
qualification preferably in law
enforcement-related courses,
to be reckoned from the date
of the effectivity of this
amendatory Act: Provided,
furthermore, That for
concerned PNP members
rendering more than fifteen
(15) years of service and
who have exhibited
exemplary performance as
determined by the
Commission, shall no
longer be required to
comply with the
aforementioned minimum
educational requirement

Status of Members (Section 36) (Section 36)


of the Philippine
National Police The members of the PNP The uniformed members of
shall be considered the PNP shall be considered
employees of the National employees of the National
Government and shall draw Government and shall draw
their salaries therefrom: their salaries therefrom. They
Provided, That PNP members shall have the same salary
assigned in Metropolitan grade level as that of public
Manila, chartered cities and school teachers: Provided,
first-class municipalities may That PNP members assigned
be paid an additional monthly in Metropolitan Manila,
allowance by the local chartered cities and first-class
government unit concerned municipalities may be paid
financial incentives by the
local government unit
concerned subject to the
availability of funds." 3

Organization of the DILG:


 Department proper
 The existing bureaus and offices of the Department of Local Government
 National Police Commission
 Philippine Public Safety College
 The PNP, BFP, and BJMP

Specific functions and power of the Secretary:


a. Prepare and submit periodic reports, including a quarterly Ant-Crime Operation
Report, and such other reports as the President and Congress may require.
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b. Act as Chairman and Presiding Officer of the National Police Commission; and
c. Delegate authority to exercise any substantive or administrative function to the
members of the National Police Commission or other officers of rank within the
Department.

Prohibitions to the Members of the Commission:

The Chairman and members of the Commission shall not engage in the practice of any profession or
intervene, directly or indirectly, in the management and control of any private enterprise.

They shall not, directly, or indirectly, have any financial or material interest in any transaction
requiring the approval of their office.

Powers and Functions of the PNP:

a. Enforce all laws and ordinances relative to the protection of lives and properties;
b. Maintain peace and order and take all necessary steps to ensure public safety;
c. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice,
and assist in their prosecution;
d. Exercise the general powers to make arrests, search, and seizure in accordance with the
Constitution and pertinent laws;
e. Detain an arrested person for a period not beyond what is prescribed by law, informing the
person so detained of all his rights under the Constitution;
f. Issue licenses for the possession of firearms and explosives in accordance with law;
g. Supervise and control the training and operations of security agencies and issue licenses to
operate security agencies, and to security guards and private detectives, for the practice of their
professions, and
h. Perform such other duties and exercise all other functions as may be provided by law.

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