Republic of the Philippines

Congress of the Philippines

Metro Manila
Tenth Congress
REPUBLIC ACT NO. 855
!ebru"r# $5% &&8
AN ACT PRO'I(IN) !OR T*E RE!OR+ AN( REOR)ANI,ATION O! T*E
P*ILIPPINE NATIONAL POLICE AN( !OR OT*ER PURPO-E-% A+EN(IN)
CERTAIN PRO'I-ION- O! REPUBLIC ACT NU+BERE( -I.T/0NINE *UN(RE(
AN( -E'ENT/0!I'E ENTITLE(% 1AN ACT E-TABLI-*IN) T*E P*ILIPPINE
NATIONAL POLICE UN(ER A RE0OR)ANI,E( (EPART+ENT O! T*E INTERIOR
AN( LOCAL )O'ERN+ENT% AN( !OR OT*ER PURPO-E-1
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
TITLE I
TITLE AN( (ECLARATION O! POLIC/
-ection . Title. This Act shall be known as the "Philippine National Police Reform and
Reorganization Act of 199"!
-ec. $. 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!
TITLE II
T*E ROLE O! T*E PNP IN COUNTER0IN-UR)ENC/ !UNCTION-
-ection 2. $ec! 1* of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 1*! Relationship of the /epartment with the /epartment of National /efense! The
/epartment of the "nterior and 0ocal 1o%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 shall2 thro(gh information gathering and performance of its
ordinar# police f(nctions2 s(pport the Armed 3orces of the Philippines on matters in%ol%ing
s(ppression of ins(rgenc#2 e)cept in cases where the President shall call on the PNP to s(pport
the A3P in combat operations!
""n times of national emergenc#2 the PNP2 the 4(rea( of 3ire Protection2 and the 4(rea( of 5ail
Management and Penolog# shall2 (pon the direction of the President2 assist the armed forces in
meeting the national emergenc#!"
TITLE III
T*E NATIONAL POLICE CO++I--ION
-ec. 3. $ec! 16 of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 16! 7reation and 7omposition! A National Police 7ommission2 hereinafter referred to as
the 7ommission2 is hereb# created for the p(rpose of effecti%el# discharging the f(nctions
prescribed in the 7onstit(tion and pro%ided in this Act! The 7ommission shall be an agenc#
attached to the /epartment for polic# and program coordination! "t shall be composed of a
7hairperson2 fo(r &8' reg(lar 7ommissioners2 and the 7hief of PNP as e)9officio member! Three
&6' 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#2 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%ided2 That an acti%e member of a law
enforcement agenc# shall be considered resigned from said agenc# once appointed to the
7ommission. Pro%ided2 f(rther2 That at least one &1' of the 7ommissioners shall be a woman!
The $ecretar# of the /epartment shall be the e)9officio 7hairperson of the 7ommission2 while
the :ice 7hairperson shall act as the e)ec(ti%e officer of the 7ommission!"
-ec. 5. $ec! 18 of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 18! Powers and 3(nctions of the 7ommission! The 7ommission 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' /e%elop policies and prom(lgate a police man(al prescribing r(les and reg(lations for
efficient organization2 administration2 and operation2 incl(ding criteria for manpower allocation2
distrib(tion and deplo#ment2 recr(itment2 selection2 promotion2 and retirement of personnel and
the cond(ct of <(alif#ing entrance and promotional e)aminations for (niformed members=
"*' ;)amine and a(dit2 and thereafter establish the standards for s(ch p(rposes on a contin(ing
basis2 the performance2 acti%ities2 and facilities of all police agencies thro(gho(t the co(ntr#=
"6' ;stablish a s#stem of (niform crime reporting=
"8' 7ond(ct an ann(al self9report 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 training2 logistical re<(irements2
comm(nications2 records2 information s#stems2 crime laborator#2 crime pre%ention and crime
reporting=
"+' Affirm2 re%erse or modif#2 thro(gh the National Appellate 4oard2 personnel disciplinar#
actions in%ol%ing demotion or dismissal from the ser%ice imposed (pon members of the
Philippine National Police b# the 7hief 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 arms2 e<(ipment2 and (niforms and2 after cons(ltation with
the Philippine ?eraldr# 7ommission2 for insignia of ranks2 awards2 and medals of honor! @ithin
ninet# &9A' da#s from the effecti%it# of this Act2 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(ties2 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
allocation2 distrib(tion2 and deplo#ment and their impact on the comm(nit# and the crime
sit(ation2 and thereafter form(late appropriate g(idelines for ma)imization of reso(rces and
effecti%e (tilization of the PNP personnel=
"11' Monitor the performance of the local chief e)ec(ti%es as dep(ties of the 7ommission= and
"1*' Monitor 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 7ongress an ann(al report on its acti%ities and
accomplishments d(ring the thirt# &6A' da#s after the end of the calendar #ear2 which shall
incl(de an appraisal of the conditions obtaining in the organization and administration of police
agencies in the m(nicipalities2 cities and pro%inces thro(gho(t the co(ntr#2 and recommendations
for appropriate remedial legislation=
"d' Recommend to the President2 thro(gh the $ecretar#2 within si)t# &+A' da#s before the
commencement of each calendar #ear2 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!"
-ec. 4. $ec! 1- of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 1-! B(alifications! No person shall be appointed reg(lar member of the 7ommission
(nless.
"&a' ?e or she is a citizen of the Philippines=
"&b' A member of the Philippine 4ar 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
administration2 sociolog#2 criminolog#2 criminal >(stice2 law enforcement2 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 &6' other reg(lar
commissioners m(st ha%e done e)tensi%e research work or pro>ects on law enforcement2
criminolog# or criminal >(stice or members of a d(l# registered non9go%ernment organization
in%ol%ed in the promotion of peace and order!"
-ec. 5. $ec! 1+ of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 1+! Term of Dffice! The fo(r &8' reg(lar and f(ll9time 7ommissioners shall be appointed
b# the President for a term of si) &+' #ears witho(t re9appointment or e)tension!"
-ec. 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 7ommissioners are deemed e)pired which shall constit(te a
bar to their reappointment or an e)tension of their terms in the 7ommission e)cept for c(rrent
7ommissioners 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!
-ection &. $ec! 1, of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 1,! Temporar# or Permanent "ncapacit# of the 7hairperson! "n case of absence d(e to the
temporar# incapacit# of the chairperson2 the :ice chair shall ser%e as 7hairperson (ntil the
7hairperson is present or regains capacit# to ser%e! "n case of death or permanent incapacit# or
dis<(alification of the chairperson2 the acting chairperson shall also act as s(ch (ntil a new
chairperson shall ha%e been appointed b# the President and <(alified!"
-ec. 6. $ec! *A of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! *A! Drganizational $tr(ct(re! The 7ommission shall consist of the following (nits.
"&a' 7ommission Proper! This is composed of the offices of the 7hairman and fo(r &8'
7ommissioners!
"&b' $taff $er%ices! The staff ser%ices of the 7ommission shall be as follows.
"&1' The Planning and Research $er%ice2 which shall pro%ide technical ser%ices to the
7ommission in areas of o%erall polic# form(lation2 strategic and operational planning2
management s#stems or proced(res2 e%al(ation and monitoring of the 7ommissionCs programs2
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 0egal Affairs $er%ice2 which shall pro%ide the 7ommission with efficient and effecti%e
ser%ice as legal co(nsel of the 7ommission= draft or st(d# contracts affecting the 7ommission
and s(bmit appropriate recommendations pertaining thereto= and render legal opinions arising
from the administration and operation of the Philippine National Police and the 7ommission=
"&6' The 7rime Pre%ention and 7oordination $er%ice2 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=
"&8' The Personnel and Administrati%e $er%ice2 which shall perform personnel f(nctions for the
7ommission2 administer the entrance and promotional e)aminations for policemen2 pro%ide the
necessar# ser%ices relating to records2 correspondence2 s(pplies2 propert# and e<(ipment2
sec(rit# and general ser%ices2 and the maintenance and (tilization of facilities2 and pro%ide
ser%ices relating to manpower2 career planning and de%elopment2 personnel transactions and
emplo#ee welfare=
"&-' The "nspection2 Monitoring and "n%estigation $er%ice2 which shall cond(ct contin(o(s
inspection and management a(dit of personnel2 facilities and operations at all le%els of command
of the PNP2 monitor the implementation of the 7ommissionCs programs and pro>ects relati%e to
law enforcement= and monitor and in%estigate police anomalies and irreg(larities=
"&+' The "nstallations and 0ogistics $er%ice2 which shall re%iew the 7ommissionCs plans and
programs and form(late policies and proced(res regarding ac<(isition2 in%entor#2 control2
distrib(tion2 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 3inancial $er%ice2 which shall pro%ide the 7ommission with staff ad%ice and assistance
on b(dgetar# and financial matters2 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' /isciplinar# Appellate 4oards The 7ommission shall establish a formal administrati%e
disciplinar# appellate machiner# consisting of the National Appellate 4oard and the regional
appellate boards!
"The National Appellate 4oard shall decide cases on appeal from decisions rendered b# the PNP
chief2 while the regional appellate boards shall decide cases on appeal from decisions rendered
b# officers other than the PNP chief2 the ma#or2 and the PeopleCs 0aw ;nforcement 4oard
&P0;4' created here(nder!"
-ec. . $ec! ** of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! **! B(alifications of Regional /irectors! 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#!"
-ec. $. Qualifications Upgrading Program. The 7ommission shall design and establish a
<(alifications (pgrading program for the members of the 7ommission in coordination with the
7i%il $er%ice 7ommission2 the /epartment of ;d(cation2 7(lt(re and $ports and the
7ommission on ?igher ;d(cation thro(gh a distance ed(cation program andFor an in9ser%ice
ed(cation program or similar programs within ninet# &9A' da#s from the effecti%it# of this Act.
Pro%ided2 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!
TITLE I'
T*E P*ILIPPINE NATIONAL POLICE
A. REOR)ANI,ATION
-ec. 2. 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 PNP2 the
7ommission shall cond(ct a management a(dit2 and prepare and s(bmit to 7ongress a proposed
reorganization plan of the PNP not later than /ecember 612 1992 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 non9(niformed personnel to positions which are p(rel# administrati%e2 technical2
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# 7ongress thro(gh a >oint resol(tion!
B. 7UALI!ICATION- UP)RA(IN)
-ec. 3. $ec! 6A of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 6A! 1eneral 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' M(st ha%e passed the ps#chiatricFps#chological2 dr(g and ph#sical tests to be administered
b# the PNP or b# an# NAPD07DM accredited go%ernment hospital for the p(rpose of
determining ph#sical and mental health=
"d' M(st possess a formal baccala(reate degree from a recognized instit(tion of learning=
"e' M(st be eligible in accordance with the standards set b# the 7ommission=
"f' M(st not ha%e been dishonorabl# discharged from militar# emplo#ment or dismissed for
ca(se from an# ci%ilian position in the 1o%ernment=
"g' M(st not ha%e been con%icted b# final >(dgment of an offense or crime in%ol%ing moral
t(rpit(de=
"h' M(st be at least one meter and si)t#9two centimeters &1!+* m!' in height for male and one
meter and fift#9se%en centimeters &1!-, m!' for female=
"i' M(st weigh not more or less than fi%e kilograms &- kgs!' from the standard weight
corresponding to his or her height2 age2 and se)= and
">' 3or a new applicant2 m(st not be less than twent#9one &*1' nor more than thirt# &6A' #ears of
age. e)cept for the last <(alification2 the abo%e9en(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%ided2 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!
"3or the p(rpose of determining compliance with the re<(irements on ph#sical and mental
health2 as well as the non9(se of prohibited dr(gs2 the PNP b# itself or thro(gh a NAPD07DM
accredited go%ernment hospital shall cond(ct reg(lar ps#chiatric2 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<(irement2 c(rrent members
of the PNP who will fail to satisf# an# of the re<(irements en(merated (nder this $ec! shall be
separated from the ser%ice if the# are below fift# &-A' #ears of age and ha%e ser%ed in
1o%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 1o%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!"
-ec. 5. Waiers for !nitial Appointments to the PNP. The age2 height2 weight2 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%ided2 That an applicant shall not
be below twent# &*A' nor o%er thirt#9fi%e &6-' #ears of age. Pro%ided2 f(rther2 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%ided2 f(rthermore2 That onl#
applicants who ha%e finished second #ear college or ha%e earned at least se%ent#9two &,*'
collegiate (nits leading to a bachelorCs decree shall be eligible for appointment. Pro%ided2
f(rthermore2 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 &8' #ears to obtain the re<(ired ed(cational <(alification. Pro%ided2
finall#2 That a wai%er for height re<(irement shall be a(tomaticall# granted to applicants
belonging to the c(lt(ral comm(nities!
-ec. 4. "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' age2 &b' height2 &c' weight2 and
&d' ed(cation!
The 7ommission shall prom(lgate r(les and reg(lations to address other sit(ations arising from
the wai%er of the entr# re<(irements!
-ec. 5. 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 $ec! 16
of this Act shall be dismissed from the ser%ice!
-ec. 8. 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 re9appl# for
appointment to the PNP. Pro%ided2 That he or she possesses the minim(m <(alifications (nder
$ec! 18 of this Act and his or her reappointment is not b# %irt(e of another wai%er program!
-ec. &. The &ield Training Program. All (niformed members of the PNP shall (ndergo a
3ield Training Program for twel%e &1*' months in%ol%ing act(al e)perience and assignment in
patrol2 traffic2 and in%estigation as a re<(irement for permanenc# of their appointment!
-ec. $6. !ncreased Qualifications for Proincial Directors. No person ma# be appointed
/irector of a Pro%incial Police Dffice (nless.
a' he or she holds a masterCs degree in p(blic administration2 sociolog#2 criminolog#2 criminal
>(stice2 law enforcement2 national sec(rit# administration2 defense st(dies2 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 7ommission!
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 &6' #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!
-ec. $. $ec! 6* of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 6*! ;)aminations of Policemen! The National Police 7ommission shall administer the
entrance and promotional e)aminations for policemen on the basis of the standards set b# the
7ommission!"
-ec. $$. $ec! 68 of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 68! B(alifications of 7hief of 7it# and M(nicipal Police $tations! No person shall be
appointed chief of a cit# police station (nless heFshe is a grad(ate of 4achelor of 0aws or has
finished all the re<(ired co(rses of a masterCs degree program in p(blic administration2
criminolog#2 criminal >(stice2 law enforcement2 national sec(rit# administration2 defense st(dies2
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
4achelor of 0aws or has earned at least twel%e &1*' (nits in a masterCs degree program in p(blic
administration2 criminolog#2 criminal >(stice2 law enforcement2 national sec(rit# administration2
and other related disciplines from a recognized instit(tion of learning. Pro%ided2 That members
of the 4ar with at least fi%e &-' #ears of law practice2 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%ided2 f(rther2 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 7ommission.
Pro%ided2 f(rthermore2 That the chief of police shall be appointed in accordance with the
pro%isions of $ec! -12 paragraph &b'2 s(bparagraph 8&i' of this Act!"
-ec. $2. Qualifications Upgrading Program. The 7ommission shall design and establish a
<(alifications (pgrading program for the Philippine National Police officers and members in
coordination with the 7i%il $er%ice 7ommission2 and the 7ommission on ?igher ;d(cation
thro(gh a distance ed(cation program andFor an in9ser%ice ed(cation program or other similar
programs within ninet# &9A' da#s from the effecti%it# of this Act!
C. ATTRITION -/-TE+ !OR UNI!OR+E( PER-ONNEL
-ec. $3. 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 7ommission for appro%al! $(ch attrition s#stem shall incl(de b(t is not limited to the
pro%isions of the following sections!
-ection $5. 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 MAG"MEM T;NER;
7hief fo(r &8' #ears
/ep(t# 7hief fo(r &8' #ears
/irector of the $taff $er%ices fo(r &8' #ears
Regional /irectors si) &+' #ears
Pro%incialF7it# /irectors nine &9' #ears
Dther positions higher than Pro%incial /irector shall ha%e the ma)im(m ten(re of si) &+' #ears!
Enless earlier separated2 retired or promoted to a higher position in accordance with the PNP
$taffing Pattern2 police officers holding the abo%e9mentioned positions shall be comp(lsoril#
retired at the ma)im(m ten(re in position herein prescribed2 or at age fift#9si) &-+'2 whiche%er is
earlier. Pro%ided2 That in times of war or other national emergenc# declared b# 7ongress2 the
President ma# e)tend the PNP 7hiefCs to(r of d(t#. Pro%ided2 f(rther2 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 $ec! shall
be applied to them2 (nless the# shall ha%e alread# reached the comp(lsor# retirement age of
fift#9si) &-+'2 in which case the comp(lsor# retirement age shall pre%ail!
;)cept for the 7hief2 PNP2 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!
-ec. $4. 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!
-ec. $5. Attrition %y Demotion in Position or Ran(. An# PNP personnel2 ci%ilian or
(niformed2 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!
-ec. $8. 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!
-ec. $&. 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 &6' 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!
-ec. 26. Retirement or "eparation Under the Preceding "ections. An# personnel who is
dismissed from the PNP p(rs(ant to $ections *-2 *+2 *,2 * 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!
(. PRO+OTION -/-TE+
-ec. 2. Rationalized Promotion "ystem. @ithin si) &+' months after the effecti%it# of this Act2
the 7ommission shall establish a s#stem of promotion for (niformed and non9(niformed
personnel of the PNP which shall be based on merits and on the a%ailabilit# of %acant positions
in the PNP staffing pattern! $(ch s#stem shall be gender fair and shall ens(re that women
members of the PNP shall en>o# e<(al opport(nit# for promotion as that of men!
-ec. 2$. 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 shall2 after si) &+' months of
occ(p#ing the same2 be entitled to a rank ad>(stment corresponding to the position. Pro%ided2
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%ided2 f(rther2 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!
-ec. 22. $ec! 6 &a' and &b' of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 6! 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 7ommission2 or the 4ar2 or the corresponding board
e)aminations for technical ser%ices and other professions2 has satisfactoril# completed the
appropriate and accredited co(rse in the PNPA or e<(i%alent training instit(tions2 and has
satisfactoril# passed the re<(ired ps#chiatricFps#chological and dr(g tests! "n addition2 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 0aw
;nforcement 4oard &P0;4'2 and the Dffice of the Dmb(dsman of an# complaints proffered
against him or her2 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#2 shall be promoted to the
ne)t higher rank. Pro%ided2 That s(ch acts shall be %alidated b# the 7ommission based on
established criteria!"
E. UP)RA(IN) O! -ALARIE- AN( BENE!IT-
-ec. 23. $ec! ,- of the same Act is hereb# amended to read as follows.
"$ec! ,-! Retirement 4enefits! Monthl# 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%ice2
increasing b# two and one9half 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#9si) &6+' #ears of acti%e
ser%ice and o%er. Pro%ided2 That2 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%ided2 f(rther2 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%ided2 finall#2 That retirement pa# of the
officersFnon9officers 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!"
-ec. 25. $ec! ,6 of the same Act is hereb# amended to read as follows.
"$ec! ,6! Permanent Ph#sical /isabilit#! An officer or non9officer 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 7ommission2 (pon finding and certification b# the
appropriate medical officer2 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 position2 shall be entitled to one #earCs salar#
and to lifetime pension e<(i%alent to eight# percent &AH' of his last salar#2 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 retirement2 his s(r%i%ing legal spo(se or if there be none2 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!"
-ec. 24. $ec! 6+ of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 6+! $tat(s of Members of the Philippine National Police! The (niformed members of the
PNP shall be considered emplo#ees of the National 1o%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%ided2 That PNP members assigned in Metropolitan Manila2 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!"
-ec. 25. +arly Retirement Program. @ithin three &6' #ears after the effecti%it# of this Act2 an#
PNP officer or non9commissioned 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 retirement2 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 &6' 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!
-ec. 28. Rationalization of Retirement and "eparation ,enefits. The 7ommission 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# 7ongress. Pro%ided2 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 law2 (nless the retirement or separation is for ca(se
and the decision denies the grant of benefits!
TITLE '
INTERNAL A!!AIR- -ER'ICE
-ec. 2&. Creation- Po.ers- and &unctions. An "nternal Affairs $er%ice &"A$' of the PNP is
hereb# created which shall.
a' pro9acti%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 assessment2 anal#sis2 and e%al(ation of the character and
beha%ior of PNP personnel and (nits to the 7hief PNP and the 7ommission=
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(ct2 mot( proprio2 a(tomatic in%estigation of the following cases.
a' incidents where a police personnel discharges a firearm=
b' incidents where death2 serio(s ph#sical in>(r#2 or an# %iolation of h(man rights occ(rred in the
cond(ct of a police operation=
c' incidents where e%idence was compromised2 tampered with2 obliterated2 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!
3inall#2 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!
-ec. 36. )rganization. National2 regional2 and pro%incial offices of the "nternal Affairs shall be
established! "nternal Affairs $er%ice shall be headed b# an "nspector 1eneral who shall be
assisted b# a /ep(t# "nspector 1eneral! The area offices shall be headed b# a /irector while the
pro%incial offices shall be headed b# a $(perintendent. Pro%ided2 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 $ec! 16 hereof!
-ec. 3. Appointments. The "nspector 1eneral shall be appointed b# the President (pon the
recommendation of the /irector 1eneral and d(l# endorsed b# the 7ommission! Appointments
of personnel who shall occ(p# %ario(s positions shall be made b# the "nspector 1eneral and shall
be based on an established career pattern and criteria to be prom(lgated b# the 7ommission!
-ec. 3$. +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%ided2 That members of the 4ar ma# enter the ser%ice laterall#!
-ec. 32. !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 7ommission! Thereafter2
appointments and promotions to the $er%ice shall follow the established re<(irements and
proced(res!
-ec. 33. Promotions. The 7ommission shall establish the promotion s#stem within the "A$
which shall follow the general principles of the promotion s#stem in the PNP!
-ec. 35. 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 appointment2 promotion2 or assignment of an# PNP personnel!
-ec. 34. 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!
-ec. 35. Records $anagement of the !A". 0ocal "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 Dffice2 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 assignment2 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!
-ec. 38. !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!
-ec. 3&. Disciplinary Recommendations of the !A". &a' An# (niformed PNP personnel fo(nd
g(ilt# of an# of the cases mentioned in $ec! 69 of this Act and an# immediate s(perior or
s(per%isor fo(nd negligent (nder $ec! 8 shall be recommended a(tomaticall# for dismissal or
demotion2 as the case ma# be!
&b' Recommendations b# the "A$ for the imposition of disciplinar# meas(res against an erring
PNP personnel2 once final2 cannot be re%ised2 set9aside2 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 /irector 1eneral for proper
disposition!
-ec. 56. Appeals. /ecisions 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!
/ecisions of the area office ma# be appealed to the national office thro(gh the Dffice of
"nspector 1eneral! /ecisions rendered b# the National "A$ shall be appealed to the National
Appellate 4oard or to the co(rt as ma# be appropriate. Pro%ided2 That the s(mmar# dismissal
powers of the /irector 1eneral and Regional /irectors as pro%ided in $ec! 8* of Rep(blic Act
No! +9,- shall remain %alid. Pro%ided2 f(rther2 That the e)isting >(risdiction o%er offenses as
pro%ided (nder Rep(blic Act No! +9,- shall not be affected!
-ec. 5. Complaints Against the !A". A complaint against an# personnel or office of "A$ shall
be bro(ght to the "nspector 1eneralCs Dffice or to the 7ommission as ma# be appropriate!
TITLE 'I
(I-CIPLINAR/ +EC*ANI-+-
-ec. 5$. $ec! 81 of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 81&a'! 7itizenCs 7omplaints! An# complaint b# a nat(ral or >(ridical person against an#
member of the PNP shall be bro(ght before the following.
"&1' 7hiefs of Police2 where the offense is p(nishable b# withholding of pri%ileges2 restriction to
specified limits2 s(spension or forfeit(re of salar#2 or an# combination thereof2 for a period not
e)ceeding fifteen &1-' da#s=
"&*' Ma#ors of cities and m(nicipalities2 where the offense is p(nishable b# withholding of
pri%ileges2 restriction to specified limits2 s(spension or forfeit(re of salar#2 or an# combination
thereof2 for a period of not less than si)teen &1+' da#s b(t not e)ceeding thirt# &6A' da#s=
"&6' PeopleCs 0aw ;nforcement 4oard2 as created (nder $ec! 86 hereof2 where the offense is
p(nishable b# withholding of pri%ileges2 restriction to specified limits2 s(spension or forfeit(re of
salar#2 or an# combination thereof2 for a period e)ceeding thirt# &6A' da#s= or b# dismissal!
"The 7ommission 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 $ec! !
"&b' "nternal /iscipline! 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 commands2 the d(l# designated
s(per%isors and e<(i%alent officers of the PNP shall2 after d(e notice and s(mmar# hearing2
e)ercise disciplinar# powers as follows.
"&1' 7hiefs 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%ided2 That2 in
all cases2 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(spension2 or an# combination of the foregoing. Pro%ided2 That2 in all cases2 the
total period shall not e)ceed thirt# &6A' da#s=
"&6' 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%ided2 That2 in all cases2 the total period shall not e)ceed si)t# &+A' da#s=
"&8' The 7hief 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%ided2 f(rther2 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 complaint2
gra%e in nat(re2 against s(ch police personnel!
"&c' ;)cl(si%e 5(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%ided2 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!
"3or p(rposes of this Act2 a Cminor offenseC shall refer to an# act or omission not in%ol%ing moral
t(rpit(de2 b(t affecting the internal discipline of the PNP2 and shall incl(de2 b(t not limited to.
"&1' $imple miscond(ct or negligence=
"&*' "ns(bordination=
"&6' 3re<(ent absences and tardiness=
"&8' ?abit(al dr(nkenness= and
"&-' 1ambling prohibited b# law!
"&d' 3or(m shopping of m(ltiple filing of complaints! @hen an administrati%e complaint is
filed with a police disciplinar# a(thorit#2 s(ch as the PeopleCs 0aw ;nforcement 4oard &P0;4'2
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 complaints2 the complainant or part#
seeking relief in the complaint shall certif# (nder oath in s(ch pleading2 or in a sworn
certification anne)ed thereto and sim(ltaneo(sl# filed therewith2 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 knowledge2 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
terminated2 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#2 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!"
-ec. 52. $ec! 8* of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 8*! $(mmar# /ismissal Powers of the National Police 7ommission2 PNP 7hief and PNP
Regional /irectors! The National Police 7ommission2 the chief of the PNP and PNP regional
directors2 after d(e notice and s(mmar# hearings2 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@D0' for a
contin(o(s period of thirt# &6A' 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 crime2 he shall be prosec(ted accordingl#!"
-ec. 53. $ec! 88 of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 88! /isciplinar# Appellate 4oards! The formal administrati%e disciplinar# machiner# of
the PNP shall be the National Appellate 4oard and the regional appellate boards!
"The National Appellate 4oard shall be composed of the fo(r &8' reg(lar commissioners and
shall be chaired b# the e)ec(ti%e officer! The 4oard shall consider appeals from decisions of the
7hief of the PNP!
"The National Appellate 4oard ma# cond(ct its hearings or sessions in Metropolitan Manila 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 7ommission as 7hairman and one &1'
representati%e each from the PNP2 and the regional peace and order co(ncil as members! "t shall
consider appeals from decisions of the regional directors2 other officials2 ma#ors2 and the P0;4s.
Pro%ided2 That the 7ommission ma# create additional regional appellate boards as the need
arises!"
-ec. 55. $ec! 8, of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 8,! Pre%enti%e $(spension Pending 7riminal 7ase! 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 more2 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%ided2 howe%er2 That if it can be shown b# e%idence that the acc(sed is
harassing the complainant andFor witnesses2 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%ided2 f(rther2 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(lt2 negligence or petitions of
the respondent. Pro%ided2 finall#2 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 chief2 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!"
-ec. 54. $ec! 89 of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 89! 0egal Assistance! The $ecretar# of 5(stice2 the chairman of the 7ommission or the
7hief 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 office2 the co(rt or an#
competent bod#2 a charge or charges arising from an# incident which is related to the
performance of his official d(t#. Pro%ided2 That go%ernment law#ers so a(thorized shall ha%e the
power to administer oaths. Pro%ided2 f(rther2 That in s(ch cases2 when necessar#2 as determined
b# the 7ommission2 a pri%ate co(nsel ma# be pro%ided at the e)pense of the 1o%ernment! The
$ecretar# of 5(stice2 the 7hairman of the 7ommission and the 7hief of the PNP shall >ointl#
prom(lgate r(les and reg(lations to implement the pro%isions of this $ec! !"
TITLE 'II
CREATION O! 8O+EN9- (E-:- IN ALL POLICE -TATION- AN( T*E
!OR+ULATION O! A )EN(ER -EN-ITI'IT/ PRO)RA+
-ec. 55. 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#2 se)(al
harassment2 ab(ses committed against women and children and other similar offenses. Pro%ided2
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!
-ec. 58. Prioritization of Women for Recruitment. @ithin the ne)t fi%e &-' #ears2 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<(irement2 the PNP shall reser%e ten percent &1AH' of its ann(al recr(itment2
training2 and ed(cation <(ota for women
-ec. 5&. /ender "ensitiity Program. The 7ommission 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 PNP2 the pre%ention of se)(al harassment
in the workplace2 and the prohibition of discrimination on the basis of gender or se)(al
orientation!
-ec. 46. 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# &6A' da#s and shall (ndergo gender sensiti%it# seminar or training. Pro%ided2
That an# personnel who %iolates the r(les more than twice shall be recommended for demotion
or dismissal from the PNP!
-ec. 4. 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 non9promotion of a PNP female personnel to higher position!
TITLE 'III
PARTICIPATION O! LOCAL )O'ERN+ENT E.ECUTI'E- IN T*E
A(+INI-TRATION O! T*E PNP
-ec. 4$. The pro%isions of the second2 third2 fo(rth and fifth paragraphs of s(bparagraph &b' &1'2
$ec! -12 7hapter """9/ 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 direct2 s(perintend2 and
o%ersee the da#9to9da# f(nctions of police in%estigation of crime2 crime pre%ention acti%ities2 and
traffic control in accordance with the r(les and reg(lations prom(lgated b# the 7ommission!
""t shall also incl(de the power to direct the emplo#ment and deplo#ment of (nits or elements of
the PNP2 thro(gh the station commander2 to ens(re p(blic safet# and effecti%e maintenance of
peace and order within the localit#! 3or this p(rpose2 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 properties2 enforcement of laws2 maintenance of peace and order2 pre%ention of
crimes2 arrest of criminal offenders and bringing the offenders to >(stice2 and ens(ring p(blic
safet#2 partic(larl# in the s(ppression of disorders2 riots2 lawlessness2 %iolence2 rebellio(s and
seditio(s conspirac#2 ins(rgenc#2 s(b%ersion or other related acti%ities!
"C/eplo#mentC shall mean the orderl# and organized ph#sical mo%ement of elements or (nits of
the PNP within the pro%ince2 cit# or m(nicipalit# for p(rposes of emplo#ment as herein defined!"
-ec. 42. $ec! -1 &b' &8' of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"&8' Dther Powers! "n addition to the aforementioned powers2 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 director2 preferabl# from the same pro%ince2 cit# or m(nicipalit#. Pro%ided2
howe%er2 That in no case shall an officer9in9charge be designated for more than thirt# &6A' da#s.
Pro%ided2 f(rther2 That the local peace and order co(ncil ma#2 thro(gh the cit# or m(nicipal
ma#or2 recommend the recall or reassignment of the chief of police when2 in its perception2 the
latter has been ineffecti%e in combating crime or maintaining peace and order in the cit# or
m(nicipalit#. Pro%ided2 finall#2 That s(ch relief shall be based on g(idelines established b# the
NAPD07DM=
"&ii' A(thorit# to recommend to the pro%incial director the transfer2 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%ided2 That whene%er
practicable and consistent with the re<(irements of the ser%ice2 PNP members shall be assigned
to the cit# or m(nicipalit# of their residence!
"The control and s(per%ision of anti9gambling operations shall be within the >(risdiction of local
go%ernment e)ec(ti%es!"
-ec. 43. Automatic Deputation of 0ocal /oernment +'ecuties as Commission
Representaties. 1o%ernors and ma#ors2 (pon ha%ing been elected and li%ing <(alified as s(ch2
are a(tomaticall# dep(tized as representati%es of the National Police 7ommission in their
respecti%e >(risdiction! As dep(tized agents of the 7ommission2 local go%ernment e)ec(ti%es can
inspect police forces and (nits2 cond(ct a(dit2 and e)ercise other f(nctions as ma# be d(l#
a(thorized b# the 7ommission!
-ec. 45. $ec! -* of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! -*! $(spension or @ithdrawal of /ep(tation! Enless re%ersed b# the President2 the
7ommission ma#2 after cons(ltation with the pro%incial go%ernor and congressman concerned2
s(spend or withdraw the dep(tation of an# local e)ec(ti%e for an# of the following gro(nds.
"&a' 3re<(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 shown2 the President ma#2 directl# or thro(gh the 7ommission2 mot( proprio
restore s(ch dep(tation withdrawn from an# local e)ec(ti%e!"
TITLE I.
-TREN)T*ENIN) T*E PEOPLE9- LA8 EN!ORCE+ENT BOAR(
-ec. 44. Paragraph &a'2 $ec! 86 of Rep(blic Act No! +9,- is hereb# amended to read as follows.
"$ec! 86! PeopleCs 0aw ;nforcement 4oard &P0;4'! &a' 7reation and 3(nctions The
sangg(niang panl(ngsodFba#an in e%er# cit# and m(nicipalit# shall create s(ch n(mber of
PeopleCs 0aw ;nforcement 4oards &P0;4s' as ma# be necessar#. Pro%ided2 That there shall be at
least one &1' P0;4 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 P0;4 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 $ec! 81 of Rep(blic Act No! +9,-2 the
P0;4 shall take cognizance of or refer the complaint to the proper disciplinar# or ad>(dicator#
a(thorit# within three &6' da#s (pon the filing of the complaint!"
-ec. 45. N(mber &6' of Paragraph &b'2 $ec! 86 of Rep(blic Act No! +9,- is hereb# amended to
read as follows.
"&6' Three &6' 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#2 one &1' of whom m(st be a woman and another a member of the 4ar2 or2 in the
absence thereof2 a college grad(ate2 or the principal of the central elementar# school in the
localit#!"
-ec. 48. The last paragraph of $ec! 86 &b'&6' of Rep(blic Act No! +9,- shall be amended to read
as follows.
"The 7hairman of the P0;4 shall be elected from among its members! The term of office of the
members of the P0;4 shall be for a period of three &6' #ears from ass(mption of office! $(ch
member shall hold office (ntil his s(ccessor shall ha%e been chosen and <(alified!"
-ec. 4&. Compensation and ,enefits. Paragraph c2 $ec! 86 of Rep(blic Act No! +9,- shall be
amended to read as follows.
"&c' 7ompensation! Membership in the P0;4 is a ci%ic d(t#! ?owe%er2 P0;4 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 /"01 shall pro%ide for the per diem
and ins(rance co%erage of P0;4 members in certain low income m(nicipalities!"
-ec. 56. ,udget Allocation. The ann(al b(dget of the 0ocal 1o%ernment Enits &01E' shall
incl(de an item and the corresponding appropriation for the maintenance and operation of their
local P0;4s!
The $ecretar# shall s(bmit a report to 7ongress and the President within fifteen &1-' da#s from
the effecti%it# of this Act on the n(mber of P0;4s alread# organized as well as the 01Es still
witho(t P0;4s! M(nicipalities or cities witho(t a P0;4 or with an ins(fficient n(mber of
organized P0;4s shall ha%e thirt# &6A' more da#s to organize their respecti%e P0;4s! After s(ch
period2 the /"01 and the /epartment of 4(dget and Management shall withhold the release of
the 01ECs share in the national ta)es in cities and m(nicipalities still witho(t P0;4&s'!
-ec. 5. Re1uest for Preentie "uspension. The P0;4 ma# ask an# a(thorized s(perior to
impose pre%enti%e s(spension against a s(bordinate police officer who is the s(b>ect of a
complaint lasting (p to a period as ma# be allowed (nder the law! A re<(est for pre%enti%e
s(spension shall not be denied b# the s(perior officer in the following cases.
a' when the respondent ref(ses to heed the P0;4Cs s(mmons or s(bpoena=
b' when the PNP personnel has been charged with offenses in%ol%ing bodil# harm or gra%e
threats2
c' when the respondent is in a position to tamper with the e%idence= and
d' when the respondent is in a position to (nd(l# infl(ence the witnesses!
An# s(perior who fails to act on an# re<(est for s(spension witho(t %alid gro(nds shall be held
administrati%el# liable for serio(s neglect of d(t#!
TITLE .
TRAN-ITOR/ PRO'I-ION-
-ec. 5$. 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
&6' #ears after the effecti%it# of this Act!
TITLE .I
!INAL PRO'I-ION-
-ec. 52. Rules and Regulations. Enless otherwise pro%ided in this Act2 the 7ommission in
coordination with the Philippine National Police and the /epartment of the "nterior and 0ocal
1o%ernment2 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 &6' newspapers of
general circ(lation!
-ec. 53. Appropriations. The amo(nt necessar# to carr# o(t the pro%isions of this Act is hereb#
a(thorized to be appropriated in the 1eneral Appropriations Act of the #ear following its
enactment into law and thereafter!
-ec. 55. Repealing Clause. All laws2 presidential decrees2 letters of instr(ctions2 e)ec(ti%e
orders2 r(les and reg(lations insofar as the# are inconsistent with this Act2 are hereb# repealed or
amended as the case ma# be!
-ec. 54. "epara%ility Clause. "n case an# pro%ision of this Act or an# portion thereof is
declared (nconstit(tional b# a competent co(rt2 other pro%isions shall not be affected thereb#!
-ec. 55. +ffectiity Clause. This Act shall take effect after its complete p(blication in at least
three &6' newspapers of general circ(lation!
Approed2 &e%ruary 34- 5667