CLEORG
WEEK 7 Attrition by Non-promotion
ATTRITION SYSTEM
What is Attrition System?
The term "attrition" in a law enforcement context
often refers to the natural reduction in the number of officers
over time due to retirements, resignations, or other factors.
Police forces typically have systems in place to manage the
recruitment, training, and retention of officers to maintain their
staffing levels.
Such attrition system shall include but is not limited to
the provisions of the following sections:
 Attrition by Attainment of Maximum Tenure in
Position
 Attrition by Relief
 Attrition by Demotion in Position or Rank
 Attrition by Non-promotion
 Attrition by Other Means
Attrition by Attainment of Maximum Tenure in Position
The maximum tenure of PNP members holding key positions is
hereby prescribed as follows:
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.
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.
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 position commensurate to his or
her grade within eighteen (18) months after such demotion in
position shall be retired or separated.
Any PNP personnel who has not been promoted for a
continuous period of ten (10) years shall be retired or
separated.
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:
1. inefficiency based on poor performance
during the last two (2) successive annual
rating periods;
2. inefficiency based on poor performance for
three (3) cumulative annual rating periods;
3. physical and/or mental incapacity to perform
police functions and duties; or
4. failure to pass the required entrance
examinations twice and/or finish the required
career courses except for justifiable reasons.
Retirement or Separation under the Preceding Sections
Any personnel who is dismissed from the PNP
pursuant to Sections 25, 26, 27, 28 and 29 hereof shall be
retired if he or she has rendered at least twenty (20) years of
service and separated if he or she has rendered less than
twenty (20) years of service unless the personnel is disqualified
by law to receive such benefits.
PROMOTION SYSTEM
Rationalized Promotion System. – Within six (6) months after
the effectivity of this Act, the
Commission shall establish a system of promotion for
uniformed and non-uniformed personnel of the PNP which shall
be based on merits and on the availability of vacant
positions in the PNP staffing pattern. Such system shall be
gender fair and shall ensure that women members of the PNP
shall enjoy equal opportunity for promotion as that of men.
Promotion by Virtue of Position. – Any PNP personnel
designated to any key position whose rank is lower than that
which is required for such position shall, after six (6) months of
occupying the same, be entitled to a rank adjustment
corresponding to the position:
Provided, That the personnel shall not be reassigned to a
position calling for a higher rank until after two (2) years from
the date of such rank adjustment: Provided, further, That any
personnel designated to the position who does not possess the
established minimum qualifications therefor shall occupy the
same temporarily for not more than six (6) months without
reappointment or extension.
Promotions
1. A uniformed member of the PNP shall not be eligible for
promotion to a higher position or rank unless he or she
has successfully passed the corresponding promotional
examination given by the Commission, or the Bar, or the
corresponding board examinations for technical services
and other professions, has satisfactorily completed the
appropriate and accredited course in the PNPA or
equivalent training institutions, and has satisfactorily
passed the required psychiatric/psychological and drug
tests. In addition, no uniformed member of the PNP shall
be eligible for promotion during the pendency of his or her
administrative and/or criminal case or unless he or she
has been cleared by the People's Law Enforcement Board
(PLEB), and the Office of the Ombudsman of any
complaints proffered against him or her, if any.
2. Any uniformed member of the PNP who has exhibited acts
of conspicuous courage and gallantry at the risk of his/her
life above and beyond the call of duty, shall be promoted
to the next higher rank: Provided, That such acts shall be
validated by the Commission based on established
criteria."
Early Retirement Program
Within three (3) years after the effectivity of this Act, any PNP
officer or non-commissioned officer may retire and be paid
separation benefits corresponding to a position two (2) ranks
higher than his or her present rank subject to the following
conditions:
a) that at the time he or she applies for retirement,
he or she has already rendered at least ten (10)
years of continuous government service;
b) the applicant is not scheduled for separation or
retirement from the service due to the attrition
system or separation for cause;
c) he or she has no pending administrative or
criminal case; and
d) he or she has at least three (3) more years in the
service before reaching the compulsory
retirement age and at least a year before his or
her maximum tenure in position.
DISCIPLINARY MECHANISMS
(a). Citizen's Complaints
Any complaint by a natural or juridical person against
any member of the PNP shall be brought before the following:
1. "Chiefs of Police, where the offense is punishable by
withholding of privileges, restriction to specified limits,
suspension or forfeiture of salary, or any combination
thereof, for a period not exceeding fifteen (15) days;
2. "Mayors of cities and municipalities, where the
offense is punishable by withholding of privileges,
restriction to specified limits, suspension or forfeiture
of salary, or any combination thereof, for a period of
not less than sixteen (16) days but not exceeding
thirty (30) days;
3. "People's Law Enforcement Board, as created under
Section 43 hereof, where the offense is punishable by
withholding of privileges, restriction to specified limits,
suspension or forfeiture of salary, or any combination
thereof, for a period exceeding thirty (30) days; or by
dismissal.
4. "The Commission shall provide in its implementing
rules and regulations a scale of penalties to be
imposed upon any member of the PNP under this
Section.
RA 9263: An act providing for the professionalization of the
bureau of fire protection (BFP) and the bureau of jail
management and penology (BJMP), amending certain,
provisions of republic act no. 6975, providing funds thereof and
for other purposes
This Act shall be known as the "Bureau of Fire
Protection and Bureau of Jail Management and Penology
Professionalization Act of 2004."
Organization and Key Positions of the BFP and the BJMP
1. The BFP and the BJMP shall be respectively
headed by a Chief ;
2. Assisted by two (2) deputy chiefs, one (1)
for administration and one (1) for operations;
3. All of whom shall be appointed by the
President upon recommendation of the
Secretary of the DILG from among the
qualified officers with at least the rank of
senior superintendent in the service:
4. That in no case shall any officer who has
retired or is retirable within six (6) months
from his/her compulsory retirement age be
appointed as Chief of the Fire Bureau or
Chief of the Jail Bureau, as the case may be,
5. The Chief of the Fire Bureau and Chief of the
Jail Bureau shall serve a tour of duty not to
exceed four (4) years
6. That in times of war or other national
emergency declared by Congress, the
President may extend such tour of duty.
The Heads of the BFP and the BJMP with the rank of
director shall have the position title of Chief of the Fire Bureau
and the Chief of the Jail Bureau, respectively.
The second officers in command of the BFP and the BJMP
with the rank of chief superintendent shall have the position
title of Deputy Chief for Administration of the Jail Bureau,
respectively.
The third officer in command of the BFP and the BJMP with
the rank of chief superintendent shall have the position title
of Deputy Chief for Operation of Fire Bureau and Deputy Chief
for Operation of the Jail Bureau, respectively.
The fourth officers in command of the BFP and the BJMP
with the rank of chief superintendent shall have the
respective position title of Chief of Directorial Staff of the Fire
Bureau and Chief of Directorial Staff of the Jail Bureau,
Shall be assisted by the directors of the directorates in the
respective national headquarters office with at least the rank of
senior superintendent.
The BFP and the BJMP shall establish, operate and maintain
their respective regional offices in each of the administrative
regions of the country which shall be respectively headed by a
Regional Director for Fire Protection and a Regional Director
of Jail Management and Penology with the rank of senior
superintendent.
He/ She shall be respectively assisted by the following
officers with the rank of superintendent:
Assistant Regional Director for Administration, Assistant
Regional Director for Operations, and Regional Chief of
Directorial Staff.
Professionalization and Upgrading of Qualification
Standards in the Appointment of Uniformed Personnel to
the BFP and the BJMP
No person shall be appointed as uniformed personnel
of the BFP and the BJMP unless he/she possesses the
following minimum qualifications:
1. A citizen of the Republic of the Philippines;
2. A person of good moral character;
3. Must have passed the psychiatric/psychological, drug
and physical tests for the purpose of determining
his/her physical and mental health;
4. Must possess a baccalaureate degree from a
recognized institution of learning;
5. Must possess the appropriate civil service eligibility;
6. Must not have been dishonorably discharged or
dismissed for cause from previous employment;
7. Must not have been convicted by final judgment of an
offense or crime involving moral turpitude;
8. Must be at least one meter and sixty-two centimeters
(1.62 m.) in height for male, and one meter and fifty-
seven centimeters (1.57 m.) for female: Provided,
That a waiver for height and age requirements shall
 be automatically granted to applicants belonging to
the cultural communities; and
9. Must weigh not more or less than five kilograms (5
kgs.) from the standard weight corresponding to
his/her height, age and sex;
10. Provided, That a new applicant must not be less than
twenty-one (21) nor more than thirty (30) years of age:
except for this particular provision, the above-
enumerated qualifications shall be continuing in
character and an absence of any one of them at any
given time shall be a ground for separation or
retirement from the service:
11. That the uniformed personnel who are already in the
service prior to the effectivity of Republic Act No. 9263
shall be given another five (5) years to obtain the
minimum educational qualification and
appropriate civil service eligibility to be reckoned
from the date of the effectivity of this Act
12. That concerned BFP and BJMP members who have
rendered more than fifteen (15) years of service at
the time of the effectivity of this Act shall no
longer be required to comply with the
aforementioned educational and eligibility
requirements. Likewise, those personnel who
have acquired National Police Commission
(NAPOLCOM) eligibility prior to the effectivity of
Republic Act No. 9263 shall no longer be required
to obtain the appropriate civil service eligibility
13. That within the five-year extension period stipulated
herein, the issue of whether or not the BFP shall be
devolved to local government units shall be revisited
by Congress, and as circumstances demand, be
immediately implemented.
After the lapse of the time period for the satisfaction of
a specific requirement, current uniformed personnel of the BFP
and the BJMP who will fail to satisfy any of the requirements
enumerated under this Section shall be separated from the
service if they are below fifty (50) years of age and have
served in the government for less than twenty (20) years,
or retired if they are from age fifty (50) and above and have
served in the government for at least twenty (20) years
without prejudice in either case to the payment of benefits
they may be entitled to under existing laws.
Appointment of Uniformed Personnel to the BFP and the
BJMP
The appointment of the BFP and the BJMP shall be
effected in the following manners:
a. Fire/Jail Officer I to Senior Fire/Jail Officer IV. –
Appointed by the respective Regional Director for
Fire Protection and Regional Director for Jail
Management and Penology for the regional office
uniformed personnel or by the respective Chief of the
Fire Bureau and Chief of the Jail Bureau for the
national headquarters office uniformed personnel, and
attested by the Civil Service Commission (CSC);
b. "Fire/Jail Inspector to Fire/Jail Superintendent. –
Appointed by the respective Chief of the Fire
Bureau and Chief of the Jail Bureau, as
recommended by their immediate superiors, and
attested by the CSC;
c. Fire/Jail Senior Superintendent. – Appointed by the
Secretary of the DILG upon recommendation of the
respective Chief of the Fire Bureau and Chief of
the Jail Bureau, with the proper attestation of the
CSC; and
d. Fire/ Jail Chief Superintendent. To Fire/Jail Director. -
Appointed by the President upon recommendation
of the Secretary of the DILG, with the proper
endorsement by the Chairman of the CSC.
Lateral Entry of Officer into the BFP and the BJMP
In general, all original appointments of officers in the
Fire Bureau and Jail Bureau shall commence the rank of
fire/jail inspector wherein applicants for lateral entry into the
BFP shall include all those with highly specialized and
technical qualifications such as, but not limited to, civil
engineers, mechanical engineers, electrical engineers,
chemical engineers, chemist, architects, criminologists,
certified public accountants, nurses, physical therapists, and
dentists, while applicants for lateral entry into the BJMP shall
include all those with highly specialized and technical
qualifications such as, but not limited to, social workers,
psychologists, teachers, nurses, dentists and engineers.
Doctor of Medicine, members of the Philippine Bar and
chaplains shall be appointed to the rank of fire/jail senior
inspector in their particular technical service. Graduate of the
Philippine National Police Academy (PNPA) shall be
automatically appointed to the initial rank of fire/jail
inspector.
Professionalization and Upgrading of Qualification
Standards in the Designation of Uniformed Personnel of
the BFP and the BJMP to Key Positions
a) No person shall be designated to the following key
positions of the BFP and the BJMP unless he/she has met
the qualifications provided therein:
1. Municipal Fire Marshal. – Should have the rank of
senior inspector, who must have finished at least
second year Bachelor of Laws or earned at least
twelve (12) units in a master's degree program in
public administration, management, engineering,
public safety, criminology or other related discipline
from recognized institution of learning, and must have
satisfactory passed the necessary training of career
courses for such position as may be established by
the Fire Bureau;
2. City Fire Marshal. - Should the rank of chief of senior
inspector, who must have finished at least second
year Bachelor of Laws or earned at least twenty four
(24) units in a master's degree program in public
administration, management, engineering, public
safety, criminology or other related disciplines from
recognized institution of learning, and must have
satisfactory passed the necessary training or career
courses for such position as may be established by
the Fire Bureau;
3. District Fire Marshal, Provincial Fire Marshal,
Assistant Regional Director for Administration,
Assistant Regional Director for Operations and
Regional Chief of Directorial Staff. – Should have the
rank of superintendent, who must be a graduate of
Bachelor of Laws or a holder of a mater's degree in
public administration, management, engineering,
public safety, criminology or other related disciplines
from recognized institution of learning, and must have
satisfactory passed the necessary training or career
courses for such position as may be established by
the Fire Bureau;
4. District Fire Marshal for the National Capital Region,
Regional Director for Fire Protection and Director of
the Directorate of the National Headquarters Office. –
Should have at least the rank of senior
 superintendent, who must be a graduate of Bachelor
of Laws or a holder of master's degree in public
administration, management, engineering, public
safety, criminology or other related disciplines from a
recognized institution of learning, and must have
satisfactory passed the necessary training or career
course for such position as may be established by the
Fire Bureau;
5. Deputy Chief for Administration of the Fire Bureau,
Deputy Chief for Operations of the Fire Bureau and
Chief Directorial Staff of the Fire Bureau.- Should
have the rank of superintendent, who must be a
member of the Philippine Bar or a holder of a master's
degree in public administration, management,
engineering, public safety, criminology or other related
disciplines from recognized institution of learning, and
must have satisfactory passed the necessary training
or career courses for such as may be established by
the Fire Bureau; and
6. Chief of the Fire Bureau. – Should have the rank of
director, who must be a member of the Philippine Bar
or a holder of a master's degree in public
administration, management, engineering, public
safety, criminology or other related discipline from a
recognized institution of learning, and must
satisfactory passed the necessary training or career
courses for such position as may be established by
the Fire Bureau.
b) No person shall be designated to the following key
positions of the BJMP unless he/she has met the
qualification provided therein:
1. Municipal Jail Warden. – Should have the rank of
chief inspector, who have finished at least second
year Bachelor of Laws or earned at least twelve (12)
units in a master' degree program in management,
public administration, public safety, criminology,
penology, sociology, national security administration,
defense studies, or other related disciplines from a
recognized institution of learning, and must have
satisfactory passed the necessary training or career
courses for such position as may be established by
the Jail Bureau;
2. City Jail Warden. – Should have the rank of chief
inspector, who must have finished at least second
year Bachelor of Laws or earned at least twenty four
(24) units in master's degree program in management,
public administration, public safety, criminology,
penology, sociology, national security administration,
defense studies or related disciplines from a
recognized institution of learning and must satisfactory
passed the necessary training or career courses for
such position as may be established by the Jail
Bureau: Provided, That in city jails with a population of
one thousand (1,000) or more inmates, the city jail
warden shall the rank and qualification of a district jail
warden;
3. District Jail Warden, Provincial Jail Administrator,
Assistant Regional Director for Administration,
Assistant Regional Director for Operations and
Regional Chief of Directorial Staff. – Should have the
rank of senior superintendent, who must be a
graduate of Bachelor of Laws or a holder of a master's
degree in management, public administration, public
safety, criminology, penology, sociology, national
security administration, defense studies or other
related discipline from a recognized institution of
learning, and must satisfactory passed the necessary
training or career courses for such position as may be
established by the Jail bureau;
4. Regional Director for Jail Management and Penology
and Director of the Directorate of the National
Headquarters Office. – Should have the rank of senior
superintendent, who must be a graduate of Bachelor
of Laws or a holder of a master's degree in
management, public administration, public safety,
criminology, penology, sociology, national security
administration, defense studies or other related
discipline from a recognized institution of learning, and
must satisfactory passed the necessary training or
career courses for such position as may be
established by the Jail bureau;
5. Deputy Chief for Administration of the Jail Bureau,
Deputy Chief for Operations of the Jail Bureau and
Chief of Directorial Staff of the Jail Bureau. – Should
have the rank of senior superintendent, who must be
a member of the Philippine Bar or a holder of a
master's degree in management, public
administration, public safety, criminology, penology,
sociology, national security administration, defense
studies or other related discipline from a recognized
institution of learning, and must satisfactory passed
the necessary training or career courses for such
position as may be established by the Jail bureau; and
6. Chief of the Jail Bureau. – Should have the rank of
director, who must be a member of the Philippine Bar
or a holder of a master's degree in management,
public administration, public safety, criminology,
penology, sociology, national security administration,
defense studies or other related discipline from a
recognized institution of learning, and must
satisfactory passed the necessary training or career
courses for such position as may be established by
the Jail bureau.
Any uniformed personnel of the BFP and the BJMP
who is currently occupying such position but lacks any of the
qualifications mentioned therein shall be given three (3)
years upon the effectivity of this Act to comply with the
requirements, otherwise he/she shall be relieved from the
position.
WEEK 8
LAW ENFORCEMENT DISCIPLINARY MECHANISM
OVERVIEW
The Philippine National Police (PNP) Disciplinary
Mechanism is a comprehensive system designed to
investigate and address misconduct and violations committed
by PNP personnel, ensuring due process, transparency, and
public accountability through the Internal Affairs Service (IAS)
and a progressive disciplinary process, with measures ranging
from minor sanctions to dismissal, while also allowing for
appeals and continuous improvement of disciplinary
procedures to maintain professionalism and public trust in the
police force.
In the Most Recent Rules and Regulations covered by
NAPOLCOM MC No.2016 – 002, also known as the "Uniform
Rules of Procedure before the Administrative Disciplinary
Authorities and the Internal Affairs Service of the Philippine
National Police".
These rules shall apply to all administrative cases filed against
uniformed members of the PNP before the administrative
disciplinary authorities and the IAS.
Within the PNP, the Internal Affairs Service or IAS — dubbed
"the police of the police" - receives evidence and investigates
cases mostly concerning breaches of internal discipline.
The IAS then recommends penalties to disciplinary authorities
— from the PNP Chief to the regional and police director and
the station/chief of police — depending on the gravity of crimes
committed.
The IAS can also investigate motu propio or on its own in
certain cases, such as when death, serious injury or any
violation of human rights occurs during a police operation or
where evidence was compromised or tampered with.
Outside the PNP, the National Police Commission
(NAPOLCOM), the People's Law Enforcement Board and the
city or municipal mayor also receive complaints.
Criminal and administrative complaints can also be filed at the
Ombudsman or regular trial courts.
Once a decision has been rendered, a convicted police officer
can exhaust several layers of appeal at the NAPOLCOM,
Secretary of Interior and Local Government, Civil Service
Commission and regular appeals courts.
Disciplinary Authorities
City or municipal mayors
Chiefs of police or equivalent
Supervisors
Provincial directors or equivalent supervisors
Regional directors or equivalent supervisors
People Law Enforcement Board (PLEB)
Chief of the PNP
National Police Commission (NAPOLCOM)
Equivalent Supervisors – PNP Officers occupying positions/
designations equivalent to that of Chief of Police, Provincial
Director and Regional Director who are vested with disciplinary
authority over personnel of their respective offices, charged
with minor offenses involving breach of internal discipline as
provided under Section 41 (b) of R.A. 6975, as amended:
Following the principle of exclusivity, when a complaint or
charge is filed against a PNP member, it shall be heard and
decided exclusively by the disciplinary authority or IAS which
first acquired original jurisdiction over the case, subject to the
following provisions:
1. Ombudsman
a. Violation of provisions of RA 1379 (an act declaring
forfeiture in favor of the state any property found to
have been unlawfully acquired by any public officer or
employees and providing the proceedings thereof);
b. Violation of RA 3019 (Anti-Graft and Corrupt Practices
Act);
c. Violation of Sec 7, 8 and 9 of RA 6713 (Code of
Conduct and Ethical Standards for Public Officials and
Employees;
d. Plunder under RA 7080;
e. Violation of RA 9184 (Government Procurement
Reform Act);
f. Violation of RA 9485 (Anti-Red Tape Act of 2007);
g. Bribery under Sec., 2, Chapter Two and Malversation
under Chapter Four of Title VII, Book II of the Revised
Penal Code);
h. Violation of other graft laws.
2. National Police Commission (NAPOLCOM) Grave admin
cases defined and penalized under NMC 2016-002
Administrative Offenses that may be imposed against
a PNP member such as:
a. Neglect of Duty or Nonfeasance
b. Irregularities in the Performance of Duty
c. Misconduct or Malfeasance
d. Incompetency
e. Oppression.
f. Dishonesty
g. .Disloyalty to the Government
h. Violation of Law
1. Primary jurisdiction of PNP - admin cases against
officers and members of the PNP for acts and omissions
constituting breach of internal discipline or minor offenses
defined under RA 6975 as amended by RA 8551, violation
of the Civil Service Law and its implementing Rules and
Regulations or PNP policies such as, but not limited to
those relating to efficiency in the performance of official
duties and responsibilities.
2. Subject to the preceding paragraph and concurrence of
jurisdiction, the IAS shall take cognizance and investigate
case enumerated in Section 2, Rules 6.
3. Complaints for offenses which carry a higher or lower
imposable penalty shall be referred to the appropriate
Disciplinary Authority or IAS.
4. People’s Law Enforcement Board
The City or Municipal Council in every Cityand Municipality
shall pass a resolution formally organizing the members of the
PLEB for every five hundred (500) PNP Personnel and for
each legislative district in a city with the Authority to Hear and
Decide Citizen’s Complaints within its jurisdiction against any
PNP Personnel assigned in their locality with five (5) members;
a designated Councilor from the City/Municipal Council, a
designated Barangay Captain from the League of Barangay
and three (3) other members who can be designated and be
removed by the City/Municipal Peace and Order Council
among the respected members of the community known for
their probity and integrity, one (1) must be a woman and
another, a member of the Bar; or in absence thereof, a college
graduate or the Principal of the Central Elementary School,
provided that such member is not a public official or employee
and its Chairperson shall be elected among its members, to
theCity/Municipal Mayor who shall issue an Executive Order
adopting the said Council Resolution after five (5) days from
receipt and the NAPOLCOM shall be furnished with a copy.
Members of PLEB are considered Persons in Authority with
term of office for three (3) years unless removed for cause of
valid grounds who shall hold office until a replacement has
been chosen and qualified. A Councilman or Barangay Captain
who becomes a PLEB member and ends his Post by expiration
of term, if re-elected and re-designated as PLEB
Representative must take a new oath of office…
Police Inspection and Disciplinary Mechanisms
Internal Affairs Service - An Internal Affairs Service (IAS) of
the PNP created under RA 8551 shall have the following
functions and power:
1. Pro-actively conduct inspections and audits on PNP
personnel and units;
2. Investigate complaints and gather evidence in support
of an open investigation;
3. Conduct summary hearings on PNP facing
administrative charges;
4. 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;
5. Flie appropriate criminal cases against PNP members
before the court as evidence warrants and assist in
the prosecution of the case;
6. Provide assistance to the Office of the Ombudsman in
cases involving the personnel of the PNP.
The IAS shall also conduct motu propio, automatic
investigation of the following cases:
 1. Incidents where a police personnel discharges a
firearm
2. Incidents where death, serious physical injury, or any
violation of human rights occurred in the conduct of
police operations.
3. Incidents where evidence was compromised,
tampered with, obliterated, or lost while in the custody
of personnel.
4. Incidents where a suspect in the custody of the police
was seriously injured.
5. Incidents where the established rules of engagement
have been violated.
Imposable penalties in Administrative Cases in the PNP
1. Withholding of Privileges
2. Restriction to specifiedlimits
3. Suspension
4. Forfeiture of Salary
5. Reprimand or Admonition
6. Restricted Custody
7. Dismissal from service
Nature of Complaint against PNP members
1. Citizen’s Complaint
2. “Forum shopping” or multiple filing complaint”
Summary Dismissal Powers
a. NAPOLCOM
b. PNP Chief
c. PNP Regional Director
Disciplinary Appellate Boards – the formal administrative
disciplinary machinery of the PNP shall be the National
Appellate Board and the Regional Appellate Boards.
a. National Appellate Board – composed of the four (4)
regular commissioners and shall be chaired by the
executive officer. The Board shall consider appeals
from decisions of the Chief of the PNP
b. Regional Appellate Board – established in every
region composed of a senior officer of the regional
Commission as Chairman and one (1) representative
each from PNP, and the regional peace and order
council as members. It shall consider appeals from
decisions of the regional directors, other officials,
mayors, and the PLEBs.
Participation of Local Government Executives in the
Administrative of the PNP
a. Mayor and Governors once elected are automatically
deputized by the NAPOLCOM.
b. Power Governor – to choose the PD of the province
from (3) recommends by the RD.
c. Power of the Mayor – to choose the PD of the
province from five (5) recommends by the PD.
d. The power to direct, superintend, and oversee the
day-to-day functions of police investigation of crime,
crime prevention activities, and traffic control in
accordance with the rules and regulations
promulgated by the Commission.
WEEK 9
NATIONAL BUREAU OF INVESTIGATION (NBI)
The National Bureau of Investigation, commonly
known as the NBI, stands as a cornerstone of law enforcement
and investigative prowess in the Philippines. Established in
1936, the NBI is a vital agency responsible for a wide range of
tasks, including criminal investigation, intelligence gathering,
and cybersecurity. Its mandate extends to matters of national
security, public safety, and the pursuit of justice.
The National Bureau of Investigation is the prime
investigating arm of the Department of Justice. In 2016,
Republic Act no. 10867 otherwise known as the "National
Bureau of Investigation Reorganization and Modernization Act"
was promulgated with the purpose of modernizing and
reorganization of the NBI.
Legal Basis
Commonwealth Act No. 181 (November 13, 1936)
saw the inception of the National Bureau of
Investigation, originally called Division of Investigation
(patterned after the US Federal Bureau of
Investigation).
Republic Act No. 157 (June 19, 1947) reorganized
the Division of Investigation into the Bureau of
Investigation under the Department of Justice (DOJ).
Executive Order No. 94 (October 4, 1949) renamed
the Bureau of Investigation to National Bureau of
Investigation which remained attached to DOJ.
Executive Order No. 292 (July 25, 1987), the
Administrative Code of 1987, provided for the
organization structure and operation of the DOJ and
its attached agencies, including the NBI.
Today, the DOJ continues to pursue its primary mission "To
Uphold the Rule of Law" with its "Justice for All" motto.
The Office of the Secretary (OSEC) is composed of
the National Prosecution Service, the Legal Staff, the
Administrative, Financial, Technical and Planning and
Management Services and the Board of Pardons and Parole.
The constituent and attached agencies include the National
Bureau of Investigation (NBI), Bureau of Immigration (BI),
Public Attorney’s Office (PAO), Office of the Solicitor General
(OSG), Office of the Government Corporate Counsel (OGCC),
Bureau of Corrections (BuCOR), Parole and Probation
Administration (PPA), Presidential Commission on Good
Government (PCGG) and the Land Registration Authority
(LRA).
Mandate
The National Bureau of Investigation (NBI) undertakes
efficient detection and investigation of crimes and other
offenses against the laws of the Philippines upon its own
initiative and as public interest may require, renders technical
assistance upon request in the investigation and detection of
crimes and other offenses, coordinates with other national and
local police agencies in the maintenance of peace and order,
and establishes and maintains an up-to-date scientific crime
laboratory. It acts as a national clearing house of criminal and
other information for the use of all prosecuting and law
enforcement entities of the Philippines: identification records of
identifying marks, characteristics, and ownership or possession
of all firearms as well as of test bullets fired therefrom.
VISION
To be the center of education and training for crime
detection and investigation in the Philippines
MISSION
To undertake an effective, efficient and scientific
instruction and training in crime investigation.
Why Lawyer and CPA?
Simply because an agent must have expertise,
knowledge and experience in Accounting, Finance, Law, Law
Enforcement, Political Science and Intelligence in solving
cases and critical cases. Qualified agents are also sent to
special training to prepare them in the field and more
diversified experience.
They will also be trained to learn more about crime
management, investigative experience, military experience,
foreign language proficiency, engineering, computer science, Head of Legal Compliance (Head of LCU) Next rank: Special
information technology, Physics expertise and a lot more skills Agent
and expertise to different important fields involved with
investigation techniques. High Ranks/Leaders Requires training!
Qualified applicants shall undergo an extensive training for at Special Agent
least 20 weeks at the NBI Academy. Special Agent In Charge
Basic salary of NBI Agents entry level used to be P18, 000 per Staff Operations Specialist
month but now it is in the range of P32, 000 for the special Intelligence Analyst
investigator and around P37, 000 for the NBI agents. Chief Analyst (C. Analyst)
The training is done at the NBI Academy in Baguio City and Forensic Examiner
trainees will be taught with basic investigation and intelligence Secretary of Internal Affairs (Secretary of Int. Affairs)
course. A newly-commissioned NBI Agent with the rank Secretary of National Defense
of Investigation Agent III receives a salary of P65, 319.00 Secretary of Public Safety
(Salary Grade 22). Head Secretary
How to apply? Specialist Manager
Download the NBI agent application form (This will Operations Manager
only be given to you once you completed the HQ Manager III
online application above) Print and fill up the form. Scan your HQ Manager II
document and email to nbirecruitment@nbiacademy.edu.ph HQ Manager I
with the subject (NBI AGENT APPLICATION - "YOUR LAST Manager
NAME") Wait for the official appointment email. Standard Jr. Manager
ranks: Sr. Manager
Recruit
Agent Senior High Ranks:
Agent I Executive Manager
Agent II Assistant Head Manager
Agent III Deputy Head Manager
Field Agent Head Manager
Probationary Agent Lector Officer
Special Agent Jr. Consultant
Senior Special Agent Sr. Consultant
Supervisory Special Agent Division Chief (Division C.)
Detective Section Chief (Section C.)
Inspector Executive Chief (Executive C.)
Chief of Agent Deputy Director of Communications (Dep. Director of Com.)
Director of Communications (Director of Com.)
Regional Security Officers: Requires training! Associated Lector
Security Officer III Main Lector
Security Officer II Chief Lector (C. Lector)
Security Officer I High Rank Supervisor
Security in Training High Rank Administrator (High Rank @dmin)
Information Security Officer II Junior High Rank
Information Security Officer I Senior High rank
HQ Coordinator
Security Consultant Professional Staff
Security Manager Finance Associate
Chief of Security Administrative Analyst (@dmin Analyst or AA)
Trainer Requires training! Management Specialist
Trainer I IT Specialist
Trainer II Evidence Technician (ET)
Corporate Trainer II Legal Administrative Specialist (LAS)
Corporate Trainer I Telecommunications Specialist (TS)
Training Specialist Staff Specialist (SS)
Training Coordinator Security Intelligence At Base (SIAB)
Training Instructor
Training Manager Special Detective Unit
Training & Development Specialist (T&D Specialist) Inspector Trainee
Training & Development Manager (T&D Manager) Main Inspector
Chief of Training Detective Officer III
Detective Officer II
Legal Compliance Unit Detective Officer I
Legal Assistant III Patrol Officer
Legal Assistant II Assistant Chief Detective
Legal Assistant I Professional Special Detective
Corporate Assistant of RSO (Ca of RSO) Junior Detective Officer
Corporate Assistant of Training (CA of Training) Senior Detective Officer
Legal Advisor Crime Outlook
Representative of High Ranks Deputy Chief Detective
Asst. Head of Legal Compliance (Asst Head of LCU) Chief Detective (C. Detective) Next rank: Sec. Dept. Assoc.
D. Chief of Communications:
Chief in Charge (CiC):
Board of Directors Advisor to the Chief of Staff:
Security Department Associated Director (Sec. Dept. Assoc. Speaker of the NBI:
D.) Deputy Chief Of Staff:
Rules and Regulations Department Associated Director (R&R Chief of Staff:
Dept. Assoc. D.)
Training Department Associated Director (T. Dept. Assoc. D.) WEEK 10
Legal Compliance Unit Associated Director (LCU Assoc. D.) THE PHILIPPINE COAST GUARD (PCG)
High Rank Unit Associated Director (HR Unit Assoc. D.) The Philippine Coast Guard (PCG), established in
Professional Staff Associated Director (PS Assoc. D.) 1901, is a civilian maritime law enforcement agency under the
Special Detective Unit Associated Director (SDU Assoc. D.) Department of Transportation and Communications. It holds
Assistant Corporate Director jurisdiction over the Philippines' vast maritime domain,
Corporate Director enforcing customs, immigration, fisheries, and environmental
Assistant Director Consultant laws while also conducting search and rescue operations,
Director Consultant Next rank: Solicitor of SLC maintaining maritime security, and participating in humanitarian
assistance and disaster response missions. The PCG has
Senior Leadership Council undergone modernization efforts to enhance its capabilities
Solicitor of SLC and cooperates with international counterparts, contributing
SLC Security Correspondent significantly to safeguarding the Philippines' maritime interests
SLC Consultant and regional maritime stability.
SLC Training Correspondent Mandates
SLC Transportation Correspondent The Philippine Coast Guard is mandated and responsible to
SLC Treasury Correspondent perform maritime search and rescue, maritime law
SLC Defense Correspondent enforcement, maritime safety, marine environmental protection
SLC Presidential Correspondent and maritime security.
SLC Comm. Correspondent Vision
Advisor To SLC (ATS) “By 2028, PCG is a world class guardian of the sea committed
SLC Law Correspondent to save lives, ensure safe maritime transport, cleaner seas,
SLC Legislative Officer and secure maritime jurisdiction.”
Assistant Head Senior Leader Mission
Associated Head Senior Leader "We are a uniformed armed service that implements and
Deputy Head Senior Leader enforces all national and international maritime safety, security,
Head Senior Leader search and rescue, and marine environmental protection laws
in support of the integrated Maritime Transportation Network
Office of Administration (OOA) objectives, national security and economic development of the
Information Collector Philippines."
OOA Public Relations Officer (Pub. Relat. Off.)
OOA Policy Advisor
OOA Special Advisor
OOA Secretary
OOA Treasurer
OOA Main Staff
Assistant Chief Director (Assistant C. Director)
Associated Chief Director (Assoc. C. Director)
Deputy Chief Director (Deputy C. Director)
Chief Director (C. Director)
Internal Affair’s Overseer
Fair Treatment Overseer
Economic Balance Reviewer
Problems Highlighter
Officer of Issues Special Treatment
Manager of Issues Special Treatment
OOA's Assistant Head Manager
OOA's Associated Head Manager
OOA's Deputy Head Manager The Philippine Coast Guard is the country’s vanguard
OOA's Head Manager against the entry of unsafe foreign vessels into the country
Promotions Management Officer through its Port State Control. At present, the Philippine Coast
Promotions Management Chief (Promo. Management C.) Guard has seven (7) PSC Centers and fifteen (15) PSC
Jr. Special Chief Manager Overseer Divisions all throughout the archipelago. The PSC Center in
Sr. Special Chief Manager Overseer Manila has the bulk of all inspections based on frequency of
Assistant Director of Management foreign ship calls.
Deputy Director of Management Pursuant to RA 9993, the Philippine Coast Guard is
Junior Director of Management mandated to enforce regulations in accordance with all relevant
Senior Director of Management maritime international conventions, treaties or instruments of
which the government is signatory and national laws.
Office of Professional Responsibility (OPR) 4iC MARITIME SAFETY or MARSAF function is designed
Representative of All Unit: to help prevent or minimize unnecessary loss of lives and
Chief of Human Resources: properties at sea.
 The seaworthiness of every vessel leaving the port is
ensured through the intensified Mandatory Pre-departure
Inspection which include the compliance of vessels to safety
standards and prevention of vessels from sailing for failure to
comply with the standards; conduct of random Emergency
Readiness Evaluation and Operational Readiness Evaluation
in the ports; conduct of regular vessel safety inspections, and
publication of Notice to Mariners (NOTAM), and the
implementation and enforcement of navigational rules and
designation of sea lanes, among others.
Further, the PCG is also responsible in issuing
permits and supervises all marine salvage operations. It is
mandated to destroy or tow floating hazards to navigation such
as, but not limited to illegal fish traps and vessels.
Moreover, navigational safety is ensured by operating
and/or maintaining and servicing 565 lighthouses and more
than 44 navigational buoys around the country which guide and
ensures safe voyage to mariners
The Philippine Coast Guard, in accordance with the
Convention of Safety of Life at Sea (SOLAS), is the national
maritime search and rescue service of the country. The Coast
Guard Action Center (CGAC) at the PCG Headquarters in
Manila, by virtue of the current functions and facilities, serves
as the coordinating centers for all search and rescue
operations. The twelve Coast Guard Districts are designated
as Maritime Rescue Coordinating Council (MRCC) within their
areas of responsibility while the 59 Coast Guard Stations are
designated as Maritime Rescue Sub-Centers (MRSC). The
detachments under these stations are designated as SAR
units. The PCG’s SAR organization maintains constantly-
manned watch centers that operate 24 hours a day,
continuously monitoring distress frequencies and conducting
coastal foot and seaborne patrol within their area of
responsibility. There is at least one division or squadron of
Coast Guard Auxiliary in each MRSC where watch can be set
and assistance can be obtained when required. Likewise, at
least one Deployable Response Team composed of Special
Operations Group, Medical Team, K-9 and rescue swimmers is
organized at each Coast Guard District or MRCC which can be
dispatched immediately to any maritime and land base search
and rescue operations.
Maritime Security is another important function of the
PCG. Considering the archipelagic character of the country, it
is vital to enhance the security of its different maritime zones to
protect the integrity as a nation. In the performance of this
function, the PCG contributes to maintain good order at sea by
conducting regular patrols and surveillance for the safety of
navigation of ships, to safeguard ships from illegal acts and to
promote freedom of navigation.
The PCG is likewise mandated to secure exploration
and resource utilization activities within the country's maritime
jurisdiction.
In its Sea Marshal Program, the PCG manages
composite security forces composed of AFP, PNP and PCG
elements to protect voyages of passenger-laden vessels in
domestic routes. The Coast Guard also boasts of a newly
established nationwide K-9 unit composed of highly trained
sniffing dogs deployed in the major ports throughout the
country.
The PCG is likewise mandated to conduct MARITIME
LAW ENFORCEMENT (MARLEN) and implement laws on
fisheries (and poaching), immigration, tariff and customs,
forestry, firearms and explosives, human trafficking, dangerous
drugs and controlled chemicals, and to implement the revised
penal code and all other applicable laws within the country’s
maritime jurisdiction and battle transnational crimes.
The PCG is authorized to board and inspect all
watercrafts suspected to be involved in or used in illegal trade.
PCG personnel are also deemed agents of BFAR, Immigration,
Customs, DENR, PDEA, and INTERPOL in the performance of
its MARLEN function.
As a maritime organization under RA 9993, it is
deputized by 21 government agencies to perform maritime law
enforcement functions directed towards the suppression of
piracy, smuggling, poaching, illegal fishing, illegal entry, human
smuggling, illegal logging, drug trafficking, gun running and
terrorist activities.
WEEK 11
THE BUREAU OF CORRECTIONS
The Bureau of Corrections (Filipino: Kawanihan ng
Pagwawasto),literally "Bureau of Corrections", of which it was
known as the Bureau of Prisons from 1905 to 1989;
abbreviated BuCor) is an agency of the Department of Justice
which is charged with the custody and rehabilitation of national
offenders, commonly known as Persons Deprived of Liberty or
PDL, who have been sentenced to three years of imprisonment
or more. The agency has its headquarters in the New Bilibid
Prison Reservation in Muntinlupa.
History
 Spanish colonial era
Old Bilibid Prison circa 1900
The Old Bilibid Prison which was located on Oroquieta Street
in Manila was established in 1847 and by a Royal Decree
formally opened on April 10, 1866. On August 31, 1870, the
San Ramon Prison and Penal Farm was established in
Zamboanga City for Muslim and political prisoners opposed to
the rule of Spain.
 American colonial era
The Iuhit penal Settlement now known as Iwahig Prison and
Penal Farm was established in 1904 by the Americans in
28,072 hectares of land. The land areas expanded to 40,000
hectares in the late 1950s and expanded again to 41,007
hectares by virtue of Executive Order No. 67 issued by
Governor Newton Gilbert on October 15, 1912.
The Bureau of Prisons was created under the Reorganization
Act of 1905 as an agency under the Department of Commerce
and Police. The Reorganization Act also re-established the
San Ramon Prison in 1907 which was destroyed during the
Spanish–American War in 1898. The prison was placed under
the Bureau of Prisons and receive prisoners in Mindanao.
The Correctional Institution for Women was founded on
November 27, 1929, by virtue of Act No. 3579 as the first and
only prison for women in the Philippines. Later, on January 21,
1932, the bureau opened the Davao Penal Colony in Southern
Mindanao.
The New Bilibid Prison was established in 1935 in Muntinlupa
due to the increased rate of prisoners.
 Contemporary era
Proclamation No. 72 issued on September 26, 1954,
established the Sablayan Prison and Penal Farm in Occidental
Mindoro, and the Leyte Regional Prison was established on
January 16, 1973, under Proclamation No. 1101.
The Administrative Code of 1987 and Proclamation No. 495,
issued on November 22, 1989, changed the agency's name to
the current Bureau of Corrections from Bureau of Prisons.
Mission
To protect the public by safekeeping and reforming persons
under our custody adhering to international standards of
corrections service.
Organization
It is currently headed by Gregorio Catapang Jr. in an Officer-in-
Charge capacity. The bureau has 2,862 employees, 61% of
whom are custodial (uniformed) officers, 33% are non- Medium Security Compound
uniformed personnel and 6% are members of the medical Sablayan Prison and Penal Farm in Occidental
service. Mindoro
Iwahig Prison and Penal Farm in Puerto Princesa
Command Leadership Structure City, Palawan
The President of the Philippines as Commander-in- Leyte Regional Prison in Abuyog, Leyte
Chief San Ramon Prison and Penal Farm in Zamboanga
The Secretary of Justice City
The Director General of the Bureau of Corrections Davao Prison and Penal Farm in Braulio E. Dujali,
(DG, BUCOR; with the Rank of Undersecretary Davao del Norte
donning the 4-Star rank) Organization and Key Positions of the BuCor
The Deputy Director General for Administration The head of the BuCor shall have the position and title of
(DDGA; with the Rank of Assistant Secretary donning Director General of Corrections and he shall have the rank
the 3-Star rank) of Undersecretary. He shall be appointed by the President
The Deputy Director General for Security and upon recommendation of the Secretary of DOJ and he shall
Operations (DDGSO; with the Rank of Assistant serve for a period of six (6) years.
Secretary donning the 3-Star rank) The second in command shall have the position of Deputy
The Deputy Director General for Reformation (DDGR; Directors of Corrections and they shall the rank of assistant
with the Rank of Assistant Secretary donning the 3- secretary. They shall be appointed by the President upon
Star rank) recommendation of the Secretary of DOJ and he shall serve for
a period of six (6) years.
Mandate
Safekeeping and instituting reformation programs to national Composition of the Uniform Personnel of the BuCor
inmates sentenced to more than 3 years. The safekeeping and reformation programs of the inmates
a. Safekeeping of National Inmates – The safekeeping shall be undertaken by the Custodial Force consisting of the
of inmates shall include decent provision of quarters, corrections officers and corrections technical officers.
food, water and clothing in compliance with CUSTODIAL RANK REFORMATION RANK
established United Nations standards. The security of Corrections Chief
the inmates shall be undertaken by the Custodial Superintendent
Force consisting of Corrections Officers with a ranking Corrections Senior Corrections Technical Senior
system and salary grades similar to its counterpart in Superintendent Superintendent
the BJMP. Corrections Superintendent Corrections Technical
b. Reformation of National Inmates – The reformation Superintendent
programs, which will be instituted by the BuCor for the Corrections Chief Inspector Corrections Technical Chief
inmates, shall be the following: Inspector
1. Moral and Spiritual Program; Corrections Senior Corrections Technical Senior
2. Education and Training Program; Inspector Inspector
3. Work and Livelihood Program; Corrections Inspector Corrections Technical
4. Sports and Recreation Program; Inspector
5. Health and Welfare Program; and Corrections Senior Officer Corrections Technical Senior
6. Behavior Modification Program, to include IV Officer IV
Therapeutic Community. Corrections Senior Officer Corrections Technical Senior
c. The reformation programs shall be undertaken by III Officer III
Professional Reformation Personnel consisting of
Corrections Senior Officer II Corrections Technical Senior
Corrections Technical Officers with ranking system
Officer II
and salary grades similar to Corrections Officers.
Corrections Senior Officer I Corrections Technical Senior
Officer I
Corrections Technical Officers are personnel employed in
the implementation of reformation programs and those Corrections Officer III Corrections Technical Officer
personnel whose nature of work requires proximate or direct III
contact with inmates. Corrections Officer II Corrections Technical Officer
Corrections Technical Officers include priests, evangelists, II
pastors, teachers, instructors, professors, vocational placement Corrections Officer I Corrections Technical Officer
officers, librarians, guidance counselors, physicians, nurses, I
medical technologists, pharmacists, dentists, therapists,
psychologists, psychiatrists, sociologists, social workers,
engineers, electricians, agriculturists, veterinarians, lawyers Appointment of Personnel to the BuCor
and similar professional skills relevant to the implementation of a. Corrections Officer I to Corrections Chief
inmate reformation programs. Superintendent – Appointed by the Director General
of Corrections, and attested by the Civil Service
Units Commission (CSC); and
The Bureau of Corrections currently have 7 operating units b. Director General of Corrections and Deputy
located nationwide: Director of Corrections – Appointed by the
Correctional Institution for Women (CIW) in President upon the recommendation of the Secretary
Mandaluyong / and The CIW Mindanao, Santo of the DOJ, with the proper endorsement by the
Tomas, Davao del Norte Chairman of the CSC.
New Bilibid Prison in Muntinlupa
Maximum Security Compound Lateral Entry of Officer into the BuCor.
Minimum Security Compound
In general, all original appointments of officers in the BuCor
shall commence with the rank of Corrections Inspector wherein
applicants for lateral entry into the BuCor shall include all those
with highly specialized and technical qualifications such as, but
not limited to, civil engineers, mechanical engineers, electrical
engineers, chemical engineers, chemists, architects,
criminologists, certified public accountants, nurses, physical
therapists, dentists, social workers, psychologists, sociologists,
guidance counselors and teachers. Doctors of Medicine,
members of the Philippine Bar and chaplains shall be
appointed to the rank of Corrections Senior Inspector in their
particular technical service.