Professional Documents
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Summarize
Summarize
Legal Bases of the Philippine National Police Article XVI Section 6 of the Phil. Constitution Provides that the state shall
establish and maintain one police force that shall national in scope and civilian in character.
RA no: 6975 Approved December 13, 1990 RA no: 8551 Approved February 25, 1998
SECTION 1. Short Title- Department of the Section 1.PNP Reform and Reorganization act of 1998
Interior and local Government of 1990
_________________________________________________ _________________________________________________
Section 4. The Department of the Interior and Local
Government –to carry out the policies and purposes of this
act, the Department of Local is hereby reorganized into the
DILG, here in referred to as Department
h. 1 m. and 62 cm (5’4 ft.) male and 1 m and 57 cm for member who are already in the service upon the affectivity of
female (5’2 ft.) this of this act shall be given at least two (2) more years to
i. weight not more than or less than 5 kg. of the standard obtain the minimum educational qualification and one (1) year
weight corresponding to his age height and sex to satisfy the weight requirement.
j. new applicant must not be less than 21 nor more
than 30
sec. 32. Examination of policemen-civil service commission Section 21 amended SECTION 32 of RA 6975
shall administer the qualifying exam set by the NAPOLCOM -examination of Policemen- the NAPOLCOM shall administer
the entrance and promotional examination in standard set by
COMMISSION
SEC 33.Lateral entry of police officers into the PNP
- Commence to the rank of inspector
- Technical services such as dentist, optometrist, nurses
and engineers and graduate of forensic science shall
commence to the rank of inspector
- Doctor of medicine, members of the bar and chaplain
shall commence the rank of senior inspector
Sec. 43. People Law Enforcement Board- creation and Newly provided provision of RA 8551 not
function (5 members) amendment
a. 30 days for the issuance of implementing rules and
regulations by the commission the Sangguniang bayan or
panglungsod in every city/ municipality Section 15. Waivers for Initial Appointments to the PNP. –
- 1 PLEB for every 500 city/municipality police The age, height, weight, and educational requirements for
personnel initial appointment to the PNP may be waived only when the
- Jurisdiction to hear a citizens complaint/ case against number of qualified applicants fall below the minimum annual
PNP members quota: Provided, That an applicant shall not be below twenty
b. composition and term of Office (20) nor over thirty-five (35) years of age: Provided, further,
- Any member of the sangguniang panglungsod/bayan That any applicant not meeting the weight requirement shall
chosen by his respective sanggunian be given reasonable time but not exceeding six (6) months
- Any member of brgy. Captain of the city/municipality within which to comply with the said requirement: Provided,
chosen by the association of barangay captain furthermore, That only applicants who have finished second
- 3 other members will be chosen among the following year college or have earned at least seventy-two (72)
within the community: collegiate units leading to a bachelor's decree shall be eligible
1 of whom is the member of the bar in the for appointment: Provided, furthermore, That anybody who
absence thereof a college graduate or principal will enter the service without a baccalaureate degree shall be
of elementary in the locality given a maximum of four (4) years to obtain the required
- Chairman shall be elected from among its member educational qualification: Provided, finally, That a waiver for
c. Compensation-PLEB members paid per diem on funds height requirement shall be automatically granted to
from municipal/city. applicants belonging to the cultural communities.
d. Procedure - The PLEB by a majority vote of all its member
and chairman shall determine whether or not the respondent
is guilty of the charge file against him.
-each case shall be decided within 60 days from the time the
case shall be filed
e. Decision - The Decision shall be final and executory.
Chapter VI
The PPSC
Sec 66.Creation of Phil. Public Safety College
- It shall be the premier educational institution for
training and human development to all personnel in tri-
bureau
NOTE: THE NEXT PROVISION OF RA 8551 WAS NOT THE AMENDMENT OF RA 6975 IT IS A NEWLY PROVIDED PROVISION
RA 8551
Section 16. Selection Criteria Under the Waiver Program. – The selection of applicants under the Waiver Program shall be
subject to the following minimum criteria:
a) Applicants who possess the least disqualification shall take precedence over those who possess more disqualifications.
b) The requirements shall be waived in the following order: (a) age, (b) height, (c) weight, and (d) education.
The Commission shall promulgate rules and regulations to address other situations arising from the waiver of the entry requirements.
Section 17. Nature of Appointment Under a Waiver Program. – Any PNP uniformed personnel who is admitted due to the waiver
of the educational or weight requirements shall be issued a temporary appointment pending the satisfaction of the requirement
waived. Any member who will fail to satisfy any of the waived requirements within the specified time periods under Section 13 of this
Act shall be dismissed from the service.
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Section 18. Re-application of Dismissed PNP Members Under a Waiver Program. – Any PNP member who shall be dismissed
under a waiver program shall be eligible to re-apply for appointment to the PNP: Provided, That he or she possesses the minimum
qualifications under Section 14 of this Act and his or her reappointment is not by virtue of another waiver program.
Section 19. The Field Training Program. – All uniformed members of the PNP shall undergo a Field Training Program for twelve
(12) months involving actual experience and assignment in patrol, traffic, and investigation as a requirement for permanency of their
appointment.
C. ATTRITION SYSTEM FOR UNIFORMED PERSONNEL
Section 24. Attrition System. – There shall be established a system of attrition within the uniformed members of the PNP within one
(1) year from the effectivity of this Act to be submitted by the PNP to the Commission for approval. Such attrition system shall include
but is not limited to the provisions of the following sections.
Section 25. Attrition by Attainment of Maximum Tenure in Position. – The maximum tenure of PNP members holding key
positions is hereby prescribed as follows:
POSITION MAXIMUM TENURE
Chief four (4) years
Deputy Chief four (4) years
Director of the Staff Services four (4) years
Regional Directors six (6) years
Provincial/City Directors nine (9) years
Other positions higher than Provincial Director shall have the maximum tenure of six (6) years. Unless earlier separated, retired or
promoted to a higher position in accordance with the PNP Staffing Pattern, police officers holding the above-mentioned positions
shall be compulsorily retired at the maximum tenure in position herein prescribed, or at age fifty-six (56), whichever is earlier:
Provided, That in times of war or other national emergency declared by Congress, the President may extend the PNP Chief's tour of
duty: Provided, further, That PNP members who have already reached their maximum tenure upon the effectivity of this Act may be
allowed one (1) year more of tenure in their positions before the maximum tenure provided in this Section shall be applied to them,
unless they shall have already reached the compulsory retirement age of fifty-six (56), in which case the compulsory retirement age
shall prevail.
Except for the Chief, PNP, no PNP member who has less than one (1) year of service before reaching the compulsory retirement age
shall be promoted to a higher rank or appointed to any other position.
Section 26. Attrition by Relief. – A PNP uniformed personnel who has been relieved for just cause and has not been given an
assignment within two (2) years after such relief shall be retired or separated.
Section 27. Attrition by Demotion in Position or Rank. – Any PNP personnel, civilian or uniformed, who is relieved 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
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position commensurate to his or her grade within eighteen (18) months after such demotion in position shall be retired or separated.
Section 28. Attrition by Non-promotion. – Any PNP personnel who has not been promoted for a continuous period of ten (10)
years shall be retired or separated.
Section 29. Attrition by Other Means. – A PNP member or officer with at least five (5) years of accumulated active service shall be
separated based on any of the following factors:
a) inefficiency based on poor performance during the last two (2) successive annual rating periods;
b) inefficiency based on poor performance for three (3) cumulative annual rating periods;
c) physical and/or mental incapacity to perform police functions and duties; or
d) failure to pass the required entrance examinations twice and/or finish the required career courses except for
TITLE V
INTERNAL AFFAIRS SERVICE
Section 39. Creation, Powers, and Functions. – An Internal Affairs Service (IAS) of the PNP is hereby created which shall:
a) pro-actively conduct inspections and audits on PNP personnel and units;
b) investigate complaints and gather evidence in support of an open investigation;
c) conduct summary hearings on PNP members facing administrative charges;
d) submit a periodic report on the assessment, analysis, and evaluation of the character and behavior of PNP personnel and
units to the Chief PNP and the Commission;
e) file appropriate criminal cases against PNP members before the court as evidence warrants and assist in the prosecution
of the case;
f) provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP.
The IAS shall also conduct, motu proprio, automatic investigation of the following cases:
a) incidents where a police personnel discharges a firearm;
b) incidents where death, serious physical injury, or any violation of human rights occurred in the conduct of a police
operation;
c) incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of police personnel;
d) incidents where a suspect in the custody of the police was seriously injured; and
e) incidents where the established rules of engagement have been violated.
Finally, the IAS shall provide documents or recommendations as regards to the promotion of the members of the PNP or the
assignment of PNP personnel to any key position.
Section 40. Organization. – National, regional, and provincial offices of the Internal Affairs shall be established. Internal Affairs
Service shall be headed by an Inspector General who shall be assisted by a Deputy Inspector General. The area offices shall be
headed by a Director while the provincial offices shall be headed by a Superintendent: Provided, That the head of the Internal Affairs
Service shall be a civilian who shall meet the qualification requirements provided herein.
The commission shall establish a rationalized staffing pattern in the Reorganization Plan as provided for in Section 13 hereof.
Section 41. Appointments. – The Inspector General shall be appointed by the President upon the recommendation of the Director
General and duly endorsed by the Commission. Appointments of personnel who shall occupy various positions shall be made by the
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Inspector General and shall be based on an established career pattern and criteria to be promulgated by the Commission.
Section 42. Entry Qualifications to IAS. – Entry to the Internal Affairs Service shall be voluntary and subject to rigid screening
where only PNP personnel who have at least five (5) years experience in law enforcement and who have no derogatory service
records shall be considered for appointment: Provided, That members of the Bar may enter the service laterally.
TITLE VII
CREATION OF WOMEN'S DESKS IN ALL POLICE STATIONS AND THE 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 in 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
Section 59. Gender Sensitivity Program. – The Commission shall formulate a gender sensitivity program within ninety (90) days
from the effectivity of this Act to include but not limited to the establishment of equal opportunities for women in the PNP, the
prevention of sexual harassment in the workplace, and the prohibition of discrimination on the basis of gender or sexual orientation.
Section 60. Administrative Liability. – Any personnel who shall violate the established rules and regulations regarding gender
sensitivity and gender equality shall be suspended without pay for not less than thirty (30) days and shall undergo gender sensitivity
seminar or training: Provided, That any personnel who violates the rules more than twice shall be recommended for demotion or
dismissal from the PNP.
Section 61. Non-prohibition for Promotion. – Nothing in this title shall be construed as a restriction on the assignment of
policewomen to other positions in the PNP nor shall any provisions of this title be used for the non-promotion of a PNP female
personnel to higher position.
Section 77. Effectivity Clause. – This Act shall take effect after its complete publication in at least three (3) newspapers of general
circulation.
Approved: February 25, 1998