Chapter I

HISTORY OF POLICE FORCES

I. Introduction:
Police is the agency of a community or government that is responsible for maintaining
public order and preventing and detecting crime. The basic police mission — preserving order by
enforcing rules of conduct or laws — was the same in ancient societies as it is today in
sophisticated urban communities.
The term police originated from the Greek word “politeia”, which means government
of a city. The term was used to describe the group of civil officers governing the city and not
necessarily the armed men guarding/policing the city. When the Romans conquered the
Greeks, they changed the word slightly to “politia”. The French changed the word to
“police” and used it to those authorized people who actually enforce the law. The English and
the Americans borrowed the word from the French and used it to describe a law enforcement
officer.
Cop and constable are terms with similar meaning to the word police. The word cop is
commonly used to describe a police officer. This word most likely came from the European word
cop, meaning to catch or seize.

II. HISTORY
The conception of the police force as a protective and law enforcement organization
developed from the use of military bodies as guardians of the peace, such as the Praetorian
Guard of ancient Rome. The Romans achieved a high level of law enforcement, which
remained in effect until the decline of the empire and the onset of the Middle Ages. Beginning in
the 5th century, policing became a function of the heads of fiefdoms and principalities.

A. Developments during the Middle Ages

1. Anglo-Saxon (Ancient England) Period (600-1066 AD)
The following are ancient policing systems:
a. Frankpledge: Policing was carried out under a system called Frankpledge or mutual
pledge, whereby every male over 12 years old join nine (9) of his neighbors to form a
tythingmen – a group of men whose duty is to apprehend any person who offends
another and deliver that offender for trial. Anyone who failed to join and perform this
obligatory duty was subject to severe fine. Thus, policing responsibility lies on the hands of
the citizens.
b. Tun Policing: Tun was the forerunner of the word “ town “. Under this system, all
male residents were required to guard the town to preserve peace and order, protect the
life and properties of the people and other factors that disturb the stability of peace.
c.Hue and Cry: This was the system of apprehending criminal whereby a complainant goes
to the middle of the community and shout to call all male residents to assemble. The victim
reports his complaint to the assembly and indicates the whereabouts of the culprits. All the
male residents would then proceed to the place and apprehend the culprit.
d. Royal Judge: The royal judge conducted criminal investigation and gave punishment
fitted to the crime committed. This feature started the identification of criminals.
e. Trial By Ordeal: A suspect was required to place his hands over boiling water or oil. If
he would not get hurt, he will be acquitted but when hurt, he would be considered guilty.
Double jeopardy was prevalent during this period.

2. The Normal Period (1066-1285)

 a. Shire-Reeve System: When King William Norman became the ruler of England, he
divided it into 55 military districts known as the Shire-Reeves. Shire means a district
while Reeve means the ruler who made laws, pass judgment and impose punishment.
He was assisted by a group of constables, the forerunner of the constabulary. The term
Shire-reeve eventually became Sheriff, the title of the chief of constables or police
officers in a certain town.
b. Traveling Judge: The Traveling Judge was held responsible in deciding cases that
were taken from Shire-reeves due to some abuses.
c. Leges Henrie: This law was enacted during the time of King Henry I, which imposed the
following features:
 Law violations were classified as offenses against the king and the individual
 Policemen became public officials
 The police and the citizens have the broad power to arrest
 Grand jury was created to inquire on the facts of the law
d. Magna Carta (Latin, “Great Charter”): This was the document sealed by King John of
England on June 15, 1215 that became law upon the demand of the Knights of the
Round Table. The knights forced King John to sign the document, which declared the
following:
 No freemen shall be taken or imprisoned, disposed, outlawed, or bowed except by
legal judgment of his peers.
 No person should be tried for murder unless there is proof of the body of the victim.
 There should be national and local government as well as the national and local
legislation.

In 1195, King Richard of England issued a proclamation entitled “Keepers of the

Peace”, requiring the appointment of Knights to keep the King’s peace by standing as guards
on bridges and gates while checking the people entering and leaving the cities and towns.

3. Westminster Period (1285 – 1500)

a. Statute of Winchester (1285) was enacted for law and order. This law introduced the
system of watch and ward.
b. Statute of 1295 was enacted, which began the closing of the gates of London during
sunset. This started the observation of curfew hours.
c. Justice of the Peace was a position given to a respected citizen, who has the power to
arrest, pursue and imprison the offenders.
d. Star Chamber Court was established as special court that tried offenders against the
state.

During the Middle Ages, policing authority, particularly in England, was the responsibility
of local nobles on their individual estates. Each noble generally appointed an official, known as
a constable, to carry out the law. The constable's duties included keeping the peace and
arresting and guarding criminals. For many decades constables were unpaid citizens who took
turns at the job, which became increasingly burdensome and unpopular. By the mid-16th
century, wealthy citizens often resorted to paying deputies to assume their turns as constables;
as this practice became widespread, the quality of the constables declined drastically.

B. Development during the Modern Period (17th – 19th Century)

England:

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 King Charles II of England passed an act in 1663 that provided for the employment of
night watchmen or bellmen to be on duty from sunset to sunrise. The city of London began
paying these watchmen, generally old men who were unable to find other work. Until the end of
the 18th century, the watchmen—as inefficient as they were—as well as a few constables,
remained the only form of policing in the city.
In 1748, Henry Fielding became the Chief Magistrate at Bow Street in London. He set
up night courts for working people. He organized a group of men known as “Bow Street
Runners” (thief catchers). He later formed the Bow Street Horse Patrol whose duty is to
patrol the main roads thus secure the travelers from highwaymen or highway bandits.

The inability of watchmen and constables to curb lawlessness, particularly in London,

led to a demand for a more effective force to deal with criminals and to protect the populace.
After much deliberation in Parliament, the British statesman Sir Robert Peel in 1829
established the London Metropolitan Police, which became the world's first modern organized
police force. It was later called Scotland Yard. The development of the British police system is
especially significant because the pattern that emerged not only became a model for the
American police system but also had great influence on the style of policing in almost all
industrial societies.

The London Metropolitan Police was created when Peel introduced the Metropolitan
Police Act and was passed by the parliament of England. Being the sponsor of the law, he
became the first head of the police organization. This earned him the title of “The Father of
Modern Policing System.”
The Metropolitan Police force was guided by the concept of crime prevention as a
primary police objective; it also embodied the belief that such a force depended on the consent
and cooperation of the public, and the idea that police constables were to be civil and courteous
to the people. The force was well organized and disciplined and, after an initial period of public
skepticism, became the model for other police forces in Britain. Several years later the Royal
Irish Constabulary was formed, and Australia, India, and Canada soon established similar
organizations. Other countries, impressed by the success of the plan, followed suit until nations
throughout the world had adopted police systems based on the British model.

France:
In France, during the 17th century, King Louis XIV maintained a small central police
organization consisting of some 40 inspectors who, with the help of numerous paid informants,
supplied the government with details about the conduct of private individuals. The king could
then exercise a kind of summary justice as he saw fit. This system continued during the reigns
of Louis XV and Louis XVI. After the French Revolution, two separate police bodies were set up,
one to handle ordinary duties and the other to deal with political crimes.

In Paris, the position of Officers de Paix was formed in 1791. This was the origin of the
term Peace Officers. The French were the first to establish uniformed police officers – they
were called “Sergent de Ville” (servant of the city).

United States:
In the United States, the first full-time organized police departments were formed in New
York City in 1845 and shortly thereafter in Boston, not only in response to crime but also to

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control unrest. The American police adopted many British methods, but at times they became
involved in local partisan politics. The British police, on the other hand, have traditionally
remained aloof from partisan politics and have depended on loyalty to the law, rather than to
elected public officials, as the source of their authority and independence.

Chapter 2
Evolution of the Police Service in the Philippine Setting

Spanish Regime
The police during the Spanish Regime was considered by the Spanish government as
part of the military system. The locally organized police forces, although performing civil duties
and seemingly created for the sole purpose of maintaining peace, were in fact directly
commanded by the colonial military government.

Police forces organized during the Spanish regime were:

1. Carabineros de Seguridad Publico - Mounted Police
Organized in 1712 for the purpose of carrying out the policies of the Spanish government. The
members were armed and considered as the mounted police. Later, they discharged the duties of
a port, harbor, and river police.
2. Guardrilleros - 1836
This was a body of rural police organized in each town that was created by the Royal
Decree of January 8, 1836. This police force was composed of 5% of the able-bodied
male inhabitants of each town or province, and each member should serve for at least 3
years.

3. Guardia Civil – 1852

This was the police organization created by the Royal Decree issued by the Spanish
Crown government on February 12, 1852. It relieved the Spanish Peninsular Troops of
their works in policing towns. It consisted of a body of Filipino policemen organized
originally in each of the provincial capitals of the central provinces of Luzon under the
command of Alcalde (Governor).

American Occupation
The first American occupation in the Philippines that came after the Filipino-American
War (1898 to 1901) was followed by a period of political ferment and social imbalance.

1. Insular Police Force was established on Nov. 30, 1890 during the Filipino-American war
(1898-1901) upon the recommendation of the Philippine Commission to the Secretary of
War.
2. Another Insular Police Force was created on JULY 18, 1901 by virtue of ACT # 175 law,
titled as "AN ACT PROVIDING FOR THE ORGANIZATION AND GOVERNMENT OF
AN INSULAR CONSTABULARY".
3. Manila Police Department was organized on July 31, 1901 by virtue of Act # 183 of the
Philippine Commission. The 1st Chief of Police was Capt. George Curry.
4. The Philippine Constabulary was formally established on Oct. 03, 1901 by virtue of Act
# 255. Brig. Gen. Henry T. Allen was the 1 st Chief of the Philippine Constabulary. He
was the PC Chief from 1901 to 1907 such that he was called as the Father of

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 Constabulary in the Philippines. The PC was manned mostly by Filipinos but officers
were mostly Americans.
5. Revised Administrative Code of 1917 was approved a year before World War I (August
1914 to November 1918) ended. In section 825 of this law, it stated that the
Philippine Constabulary is a national police institution for preserving the peace, keeping
order and enforcing the law. Brigadier General Rafael C. Crame became the first Filipino
Chief of Police. He served as the PC Chief from 1917-1927.
6. On Jan. 1, 1932, Act # 3815, otherwise known as the Revised Penal Code of the
Philippines (RPC), took effect.
7. In November 1938, Act # 181 required the creation of a bureau of investigation. This
agency should be the modification of the Division of Investigation (DI) from the
Department of Justice. Finally, on June 19, 1947, RA # 157 was enacted which created
the National Bureau of Investigation.
8. In 1960, RA # 2678 was enacted and this law provided the expansion and
reorganization of the NBI. This law established that the NBI is both an investigative and
research service agency.
9. On September 18, 1966, Republic Act # 4864 otherwise known as Police Act of 1966
was enacted. The law created the office of the Police Commission (which was later
called National Police Commission) under the Office of the President. Originally, the
POLCOM was created as a supervisory agency to the PC. Its function is to oversee the
training and professionalization of the local police forces. Through this law, reformation
and professionalization of the police service gained official recognition.
10. On Aug. 8, 1975, PD # 765 was enacted and stipulated that the office of the
NAPOLCOM should be under the office of the Ministry of National Defense. It defined
also the relationship between the Integrated National Police and the Philippine
Constabulary. This was in compliance with the provisions of Section 12, Article 15 of the
1973 Philippine Constitution.
11. On December 13, 1990, RA # 6975 was approved by then President Corazon Aquino.
This law was known as the DILG act of 1990 and but it was also recognized later as The
PNP Law of 1991. This law created the Philippine National Police and declared it to be
the only police force of the country with national scope and civilian in character.
12. On February 25, 1998, the provisions of RA # 6975 concerning the PNP was amended
when RA # 8551 was approved by President Fidel Ramos. RA # 8551, known as the
PNP Reform and Reorganization Act of 1998, reorganized the PNP for the purpose of
reforming or professionalizing it.

POLICE ORGANIZATION CONCEPTS

POLICE ORGANIZATIONAL UNITS

FUNCTIONAL UNITS: Functional units are those parts/components of the police
organization that are well-designed to work or perform definite tasks. The functional
units of the police department are as follows:
1. BUREAU: the largest organic unit within a large department, each bureau is
composed of a number of divisions.
2. DIVISION: the primary subdivision of a bureau
3. SECTION: smaller functional unit within a division that is necessary for specialization
purposes
4. UNIT: the smallest group within a section when further specialization is needed
GEOGRAPHICAL UNITS: These are components of the police organization based on
territorial jurisdiction.

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 1. POST: a fixed point or location where a police officer is assigned for duty, such as the
designated desk (station desk), an intersection or cross walk, or a point of ingress or
egress; a permanent spot for general guard duty.
2. ROUTE: a length of street/s designated for patrol purposes; also called LINE BEAT.
3. BEAT: an area assigned for patrol purposes, whether by foot or motorized
4. SECTOR: an area containing two or more beats, routes, or posts
5. DISTRICT: a geographical subdivision of a city for patrol purposes, usually with its
own station
6. AREA: a section or territorial division of a large city or metropolis, each composed of
designated districts

C. POLICE TERMINOLOGIES/JARGONS
1. SWORN OFFICER: a personnel of the police department who took his oath of office and
thus posses the power to arrest
2. SUPERIOR OFFICER: an officer having supervisory responsibilities (either temporary or
permanent) over an officer of lower rank
3. SUBORDINATE: an officer belonging to the lower or inferior rank
4. COMMANDING OFFICER: an officer who is in command of a police department,
bureau, division, district, or area/station
5. RANKING OFFICER: an officer having the more senior/higher rank in a team or group of
police officers
6. LENGTH OF SERVICE: the period of time that has elapsed since the oath of office was
administered to an officer; previous active services maybe included or added
7. ON-DUTY: the period when an officer is actively engaged in the performance of his duty;
also called ACTIVE DUTY
8. SPECIAL DUTY: in the police service, it is the form of duty requiring an officer to be
excused from the performance of his active regular duty
9. OFF-DUTY: the nature of which the police office is free from specific routine duty
10. LEAVE OF ABSENCE: a specified period during which an officer is excused from
active duty or direct participation in police work
11. SICK LEAVE: a period wherein an officer is excused from active duty by reason of
illness or injury
12. SUSPENSION: a consequence of an act that temporarily deprives an officer from the
privilege of performing his duties as result of violating a directive or other
departmental regulation
13. DEPARTMENTAL RULES/POLICIES: rules established by the police department
directors/administrators to control the conduct of the members of the police force
14. DUTY MANUAL: a book of instruction that describes the procedures and defines the
duties of officers assigned to a specified post or position
15. ORDER: an instruction given by a ranking officer to a subordinated; either General,
Special and Personal
16. REPORT: usually a written communication unless otherwise specified to be verbal
report; verbal reports should be confirmed by written communication

D. TYPES OF ORGANIZATIONAL STRUCTURE

1. THE LINE ORGANIZATION
The straight-line organization, often called the individual, military, or departmental type
of organization, is the simplest perhaps the oldest type. However, it is seldom encountered in its
true form in any but the smallest organization. The channels of authority and responsibility
extend in a direct line from top to bottom within the structure. Authority is definite and absolute.

While the line type of organization has many advantages, it also has some inherent
weaknesses that sometimes make its use impractical. Perhaps its greatest advantage is that it

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is utterly simple. It involves a division of the work into units with a person in charge who has
complete control and who can be held directly responsible or accountable for results, or lack of
them.

Quick decisions can be made in the line organization because of the direct line authority
and, because of these direct lines, each member in the chain of command knows to whom he is
accountable and who is accountable to him. Because responsibility is clearly fixed, discipline is
easily administered, responsibility for making decisions is well identified and singleness of
purpose is fostered. Coordination of effort is relatively easy to achieve because functional
overlapping between units, a prime cause of friction in any organization, can be minimized.

2. THE FUNCTIONAL ORGANIZATION

The functional organization in its pure form is rarely found in present day organization
except at or near the top level. Unlike the line type of structure, establishments organized on the
functional basis violate the prime rule that men perform best when they have but one
supervisor. The functional organization divides responsibility and authority between several
specialists such as the person responsible for all training, the employee directing the community
relations activities of all units within the department, or the officer having line authority over any
employee handling a case involving a juvenile. The functional responsibility of each “ functional
manager “ is limited to the particular activity over which he has control, regardless of who
performs the function.

Coordination of effort in this type of organization becomes difficult since the employees
responsible for results maybe subject to the functional direction of several persons. Discipline is
difficult to administer because of this multi-headed leadership. There maybe considerable
conflict among the functional administrators, resulting in much confusion among line personnel.
Line of authority and responsibility are fragmented into many functional channels, making each
supervisor responsible for several superiors depending upon the function he happens to be
performing.

3. THE LINE AND STAFF ORGANIZATION

The line and staff of organization is a combination of the line and functional types and is
found in almost all but the very smallest police agencies today. It combines staff specialist or
units with line organization so that service of knowledge can be provided line personnel by
specialist such as the criminalist, the training officers, the research and development specialist,
the public relations officer, and the intelligence specialist.

Channels of responsibility and authority are thus left intact since the specialists
responsibility is to “ think and provide expertise “ for the line units which are responsible for
"doing". The line supervisor must remember that he obtains advice from the staff specialist, not
commands.

E. PRINCIPLES OF POLICE ORGANIZATION

1. Principle of Unity Objectives: The police is effective if it enables every police officer to play
a part in the attainment of the objectives of the police organization

2. Principle of Organizational Efficiency: This principle requires that, in order that the PNP
organization is effective, it must be structured in a certain manner to accomplish the police
objectives with a minimum cost.

3. Scalar Principle: This principle requires a vertical hierarchy of an organization. This

vertical hierarchy defines the unbroken chain of units and command from top to bottom
describing explicitly the flow of authority.

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 a. Unity of Command: This scalar principle states that a group of police officers
should only be under the control of one superior or ranking police officer.
b. Span of Control: This principle states that a senior police officer should be provided
with men not more than what he can effectively direct.
c. Delegation of Authority: If you are Chief of Police, you must designate some of
your immediate subordinates to exercise a part of your administrative power.
However, that power you have passed on carries an appropriate responsibility.

4. Functional Principle: This principle is otherwise known as division of work according to

type, place, time and specialization.

5. Line and Staff Principle: This principle implies a system of varied functions arranged into a
workable pattern. This principle states that operational (line) units are responsible for the
direct accomplishment of the objectives while the administrative (staff) units are
responsible for support or advisory functions that facilitate the capacity of the operational
units.

6. Principle of Balance: Being the head of the patrol division, if you apply the principles of
organization, application must be balanced to ensure the effectiveness of the patrol force
in accomplishing its objectives.

7. Principle of Absoluteness of Responsibility: This principle states that the responsibility for
performance of the deputy chief to the chief of police is absolute (unconditional) and vice
versa, and that the chief of police cannot escape his accountability on the activities
performed by his subordinates.

8. Principle of Parity and Responsibility: The responsibility of the head of the Investigation
Section for the actions of his detectives cannot be greater than that implied by the
authority he has delegated nor should it be less.

9. Principle of Flexibility: This is the principle which states that there is higher tendency that
the PNP can fulfill its purpose if the organization receives more provisions for flexibility
(adaptability).

10. Principle of Authority Level (Hierarchy of Authority): Decisions within the authority of the
police station commanders should be made by them and should not be referred to their
superiors, such as the police district commander (or PNP provincial director).

Republic Act No. 8551 February 25, 1998

AN ACT PROVIDING FOR THE REFORM AND REORGANIZATION OF THE PHILIPPINE

NATIONAL POLICE AND FOR OTHER PURPOSES, AMENDING CERTAIN PROVISIONS
OF REPUBLIC ACT NUMBERED SIXTY-NINE HUNDRED AND SEVENTY-FIVE ENTITLED,
"AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A RE-ORGANIZED
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER
PURPOSES"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled::

TITLE I
TITLE AND DECLARATION OF POLICY

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Section 1. Title. – This Act shall be known as the "Philippine National Police Reform and
Reorganization Act of 1998".

Section 2. Declaration of Policy and Principles. – It is hereby declared the policy of the State
to establish a highly efficient and competent police force which is national in scope and civilian
in character administered and controlled by a national police commission.

The Philippine National Police (PNP) shall be a community and service oriented agency
responsible for the maintenance of peace and order and public safety.

The PNP shall be so organized to ensure accountability and uprightness in police exercise of
discretion as well as to achieve efficiency and effectiveness of its members and units in the
performance of their functions.

TITLE II
THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS

Section 3. Section 12 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 12. Relationship of the Department with the Department of National Defense. –
The Department of the Interior and Local Government shall be relieved of the primary
responsibility on matters involving the suppression of insurgency and other serious
threats to national security. The Philippine National Police shall, through information
gathering and performance of its ordinary police functions, support the Armed Forces of
the Philippines on matters involving suppression of insurgency, except in cases where
the President shall call on the PNP to support the AFP in combat operations.

"In times of national emergency, the PNP, the Bureau of Fire Protection, and the Bureau
of Jail Management and Penology shall, upon the direction of the President, assist the
armed forces in meeting the national emergency."

TITLE III
THE NATIONAL POLICE COMMISSION

Section 4. Section 13 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 13. Creation and Composition. – A National Police Commission, hereinafter

referred to as the Commission, is hereby created for the purpose of effectively
discharging the functions prescribed in the Constitution and provided in this Act. The
Commission shall be an agency attached to the Department for policy and program
coordination. It shall be composed of a Chairperson, four (4) regular Commissioners,
and the Chief of PNP as ex-officio member. Three (3) of the regular commissioners shall
come from the civilian sector who are neither active nor former members of the police or
military, one (1) of whom shall be designated as vice chairperson by the President. The
fourth regular commissioner shall come from the law enforcement sector either active or
retired: Provided, That an active member of a law enforcement agency shall be
considered resigned from said agency once appointed to the Commission: Provided,
further, That at least one (1) of the Commissioners shall be a woman. The Secretary of
the Department shall be the ex-officio Chairperson of the Commission, while the Vice
Chairperson shall act as the executive officer of the Commission."

Section 5. Section 14 of Republic Act No. 6975 is hereby amended to read as follows:

9
"SEC. 14. Powers and Functions of the Commission. – The Commission shall exercise
the following powers and functions:

"(a) Exercise administrative control and operational supervision over the

Philippine National Police which shall mean the power to:

"1) Develop policies and promulgate a police manual prescribing rules

and regulations for efficient organization, administration, and operation,
including criteria for manpower allocation, distribution and deployment,
recruitment, selection, promotion, and retirement of personnel and the
conduct of qualifying entrance and promotional examinations for
uniformed members;

"2) Examine and audit, and thereafter establish the standards for such
purposes on a continuing basis, the performance, activities, and facilities
of all police agencies throughout the country;

"3) Establish a system of uniform crime reporting;

"4) Conduct an annual self-report survey and compile statistical data for
the accurate assessment of the crime situation and the proper evaluation
of the efficiency and effectiveness of all police units in the country;

"5) Approve or modify plans and programs on education and training,

logistical requirements, communications, records, information systems,
crime laboratory, crime prevention and crime reporting;

"6) Affirm, reverse or modify, through the National Appellate Board,

personnel disciplinary actions involving demotion or dismissal from the
service imposed upon members of the Philippine National Police by the
Chief of the Philippine National Police;

"7) Exercise appellate jurisdiction through the regional appellate boards

over administrative cases against policemen and over decisions on
claims for police benefits;

"8) Prescribe minimum standards for arms, equipment, and uniforms and,
after consultation with the Philippine Heraldry Commission, for insignia of
ranks, awards, and medals of honor. Within ninety (90) days from the
effectivity of this Act, the standards of the uniformed personnel of the
PNP must be revised which should be clearly distinct from the military
and reflective of the civilian character of the police;

"9) Issue subpoena and subpoena duces tecum in matters pertaining to

the discharge of its own powers and duties, and designate who among its
personnel can issue such processes and administer oaths in connection
therewith;

"10) Inspect and assess the compliance of the PNP on the established
criteria for manpower allocation, distribution, and deployment and their
impact on the community and the crime situation, and thereafter
formulate appropriate guidelines for maximization of resources and
effective utilization of the PNP personnel;
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 "11) Monitor the performance of the local chief executives as deputies of
the Commission; and

"12) Monitor and investigate police anomalies and irregularities.

"b) Advise the President on all matters involving police functions and
administration;

"c) Render to the President and to the Congress an annual report on its activities
and accomplishments during the thirty (30) days after the end of the calendar
year, which shall include an appraisal of the conditions obtaining in the
organization and administration of police agencies in the municipalities, cities
and provinces throughout the country, and recommendations for appropriate
remedial legislation;

"d) Recommend to the President, through the Secretary, within sixty (60) days
before the commencement of each calendar year, a crime prevention program;
and

"e) Perform such other functions necessary to carry out the provisions of this Act
and as the President may direct."

Section 6. Section 15 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 15. Qualifications. – No person shall be appointed regular member of the

Commission unless:

"(a) He or she is a citizen of the Philippines;

"(b) A member of the Philippine Bar with at least five (5) years experience in
handling criminal or human rights cases or a holder of a master's degree but
preferably a doctorate degree in public administration, sociology, criminology,
criminal justice, law enforcement, and other related disciplines; and

"(c) The regular member coming from the law enforcement sector should have
practical experience in law enforcement work for at least five (5) years while the
three (3) other regular commissioners must have done extensive research work
or projects on law enforcement, criminology or criminal justice or members of a
duly registered non-government organization involved in the promotion of peace
and order."

Section 7. Section 16 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 16. Term of Office. – The four (4) regular and full-time Commissioners shall be
appointed by the President for a term of six (6) years without re-appointment or
extension."

Section 8. Expiration of the Terms of Office of Current Commissioners. – Upon the effectivity of
this Act the terms of office of the current Commissioners are deemed expired which shall
constitute a bar to their reappointment or an extension of their terms in the Commission except
for current Commissioners who have served less than two (2) years of their terms of office who
may be appointed by the President for a maximum term of two (2) years.

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Section 9. Section 17 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 17. Temporary or Permanent Incapacity of the Chairperson. – In case of absence

due to the temporary incapacity of the chairperson, the Vice chair shall serve as
Chairperson until the Chairperson is present or regains capacity to serve. In case of
death or permanent incapacity or disqualification of the chairperson, the acting
chairperson shall also act as such until a new chairperson shall have been appointed by
the President and qualified."

Section 10. Section 20 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 20. Organizational Structure. – The Commission shall consist of the following
units:

"(a) Commission Proper. – This is composed of the offices of the Chairman and
four (4) Commissioners.

"(b) Staff Services. – The staff services of the Commission shall be as follows:

"(1) The Planning and Research Service, which shall provide technical
services to the Commission in areas of overall policy formulation,
strategic and operational planning, management systems or procedures,
evaluation and monitoring of the Commission's programs, projects and
internal operations; and shall conduct thorough research and analysis on
social and economic conditions affecting peace and order in the country;

"(2) The Legal Affairs Service, which shall provide the Commission with
efficient and effective service as legal counsel of the Commission; draft or
study contracts affecting the Commission and submit appropriate
recommendations pertaining thereto; and render legal opinions arising
from the administration and operation of the Philippine National Police
and the Commission;

"(3) The Crime Prevention and Coordination Service, which shall

undertake criminological researches and studies; formulate a national
crime prevention plan; develop a crime prevention and information
program and provide editorial direction for all criminology research and
crime prevention publications;

"(4) The Personnel and Administrative Service, which shall perform

personnel functions for the Commission, administer the entrance and
promotional examinations for policemen, provide the necessary services
relating to records, correspondence, supplies, property and equipment,
security and general services, and the maintenance and utilization of
facilities, and provide services relating to manpower, career planning and
development, personnel transactions and employee welfare;

"(5) The Inspection, Monitoring and Investigation Service, which shall

conduct continuous inspection and management audit of personnel,
facilities and operations at all levels of command of the PNP, monitor the
implementation of the Commission's programs and projects relative to law
enforcement; and monitor and investigate police anomalies and
irregularities;

12
 "(6) The Installations and Logistics Service, which shall review the
Commission's plans and programs and formulate policies and procedures
regarding acquisition, inventory, control, distribution, maintenance and
disposal of supplies and shall oversee the implementation of programs on
transportation facilities and installations and the procurement and
maintenance of supplies and equipment; and

"(7) The Financial Service, which shall provide the Commission with staff
advice and assistance on budgetary and financial matters, including the
overseeing of the processing and disbursement of funds pertaining to the
scholarship program and surviving children of deceased and/or
permanently incapacitated PNP personnel.

"(c) Disciplinary Appellate Boards – The Commission shall establish a formal

administrative disciplinary appellate machinery consisting of the National
Appellate Board and the regional appellate boards.

"The National Appellate Board shall decide cases on appeal from decisions rendered by
the PNP chief, while the regional appellate boards shall decide cases on appeal from
decisions rendered by officers other than the PNP chief, the mayor, and the People's
Law Enforcement Board (PLEB) created hereunder."

Section 11. Section 22 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 22. Qualifications of Regional Directors. – No person shall be appointed regional director
unless:

"(a) He or she is a citizen of the Philippines; and

"(b) A holder of a master's degree and appropriate civil service eligibility."

Section 12. Qualifications Upgrading Program. – The Commission shall design and
establish a qualifications upgrading program for the members of the Commission in coordination
with the Civil Service Commission, the Department of Education, Culture and Sports and the
Commission on Higher Education through a distance education program and/or an in-service
education program or similar programs within ninety (90) days from the effectivity of this Act:
Provided, That those who are already in the service from the effectivity of this Act shall have five
(5) years to obtain the required degree or qualification counted from the implementation of the
qualifications upgrading program.

TITLE IV
THE PHILIPPINE NATIONAL POLICE

A. REORGANIZATION

Section 13. Authority of the Commission to Reorganize the PNP. – Notwithstanding the
provisions of Republic Act No. 6975 on the organizational structure and rank classification of the
PNP, the Commission shall conduct a management audit, and prepare and submit to Congress
a proposed reorganization plan of the PNP not later than December 31, 1998, subject to the
limitations provided under this Act and based on the following criteria: a) increased police
visibility through dispersal of personnel from the headquarters to the field offices and by the
appointment and assignment of non-uniformed personnel to positions which are purely
administrative, technical, clerical or menial in nature and other positions which are not actually
13
and directly related to police operation; and b) efficient and optimized delivery of police services
to the communities.

The PNP reorganization program shall be approved by Congress through a joint resolution.

B. QUALIFICATIONS UPGRADING

Section 14. Section 30 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 30. General Qualifications for Appointment. – No person shall be appointed as

officer or member of the PNP unless he or she possesses the following minimum
qualifications:

"a) A citizen of the Philippines;

"b) A person of good moral conduct;

"c) Must have passed the psychiatric/psychological, drug and physical tests to be
administered by the PNP or by any NAPOLCOM accredited government hospital
for the purpose of determining physical and mental health;

"d) Must possess a formal baccalaureate degree from a recognized institution of

learning;

"e) Must be eligible in accordance with the standards set by the Commission;

"f) Must not have been dishonorably discharged from military employment or
dismissed for cause from any civilian position in the Government;

"g) Must not have been convicted by final judgment of an offense or crime
involving moral turpitude;

"h) 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;

"i) Must weigh not more or less than five kilograms (5 kgs.) from the standard
weight corresponding to his or her height, age, and sex; and

"j) For a new applicant, must not be less than twenty-one (21) nor more than
thirty (30) years of age: except for the last qualification, 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:
Provided, That PNP members who are already in the service upon the effectivity
of this Act shall be given at least two (2) more years to obtain the minimum
educational qualification and one (1) year to satisfy the weight requirement.

"For the purpose of determining compliance with the requirements on physical and
mental health, as well as the non-use of prohibited drugs, the PNP by itself or through a
NAPOLCOM accredited government hospital shall conduct regular psychiatric,
psychological drug and physical tests randomly and without notice.

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

Section 15. Waivers for Initial Appointments to the PNP. – The age, height, weight, and
educational requirements for initial appointment to the PNP may be waived only when the
number of qualified applicants fall below the minimum annual quota: Provided, That an
applicant shall not be below twenty (20) nor over thirty-five (35) years of age: Provided, further,
That any applicant not meeting the weight requirement shall be given reasonable time but not
exceeding six (6) months within which to comply with the said requirement: Provided,
furthermore, That only applicants who have finished second year college or have earned at
least seventy-two (72) collegiate units leading to a bachelor's decree shall be eligible for
appointment: Provided, furthermore, That anybody who will enter the service without a
baccalaureate degree shall be given a maximum of four (4) years to obtain the required
educational qualification: Provided, finally, That a waiver for height requirement shall be
automatically granted to applicants belonging to the cultural communities.

Section 16. Selection Criteria Under the Waiver Program. – The selection of applicants
under the Waiver Program shall be subject to the following minimum criteria:

a) Applicants who possess the least disqualification shall take precedence over those
who possess more disqualifications.

b) The requirements shall be waived in the following order: (a) age, (b) height, (c)
weight, and (d) education.

The Commission shall promulgate rules and regulations to address other situations arising from
the waiver of the entry requirements.

Section 17. Nature of Appointment Under a Waiver Program. – Any PNP uniformed
personnel who is admitted due to the waiver of the educational or weight requirements shall be
issued a temporary appointment pending the satisfaction of the requirement waived. Any
member who will fail to satisfy any of the waived requirements within the specified time periods
under Section 13 of this Act shall be dismissed from the service.

Section 18. Re-application of Dismissed PNP Members Under a Waiver Program. – Any
PNP member who shall be dismissed under a waiver program shall be eligible to re-apply for
appointment to the PNP: Provided, That he or she possesses the minimum qualifications under
Section 14 of this Act and his or her reappointment is not by virtue of another waiver program.

Section 19. The Field Training Program. – All uniformed members of the PNP shall undergo
a Field Training Program for twelve (12) months involving actual experience and assignment in
patrol, traffic, and investigation as a requirement for permanency of their appointment.

Section 20. Increased Qualifications for Provincial Directors. – No person may be

appointed Director of a Provincial Police Office unless:

a) he or she holds a master's degree in public administration, sociology, criminology,

criminal justice, law enforcement, national security administration, defense studies, or
other related discipline from a recognized institution of learning; and

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 b) has satisfactorily passed the required training and career courses necessary for the
position as may be established by the Commission.

Any PNP personnel who is currently occupying the position but lacks any of the qualifications
mentioned above shall be given three (3) years upon the effectivity of this Act to comply with the
requirements; otherwise he or she shall be relieved from the position.

Section 21. Section 32 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 32. Examinations of Policemen. – The National Police Commission shall

administer the entrance and promotional examinations for policemen on the basis of the
standards set by the Commission."

Section 22. Section 34 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 34. Qualifications of Chief of City and Municipal Police Stations. – No person
shall be appointed chief of a city police station unless he/she is a graduate of Bachelor
of Laws or has finished all the required courses of a master's degree program in public
administration, criminology, criminal justice, law enforcement, national security
administration, defense studies, and other related disciplines from a recognized
institution of learning. No person shall be appointed chief of a municipal police station
unless he or she has finished at least second year Bachelor of Laws or has earned at
least twelve (12) units in a master's degree program in public administration,
criminology, criminal justice, law enforcement, national security administration, and other
related disciplines from a recognized institution of learning: Provided, That members of
the Bar with at least five (5) years of law practice, licensed criminologists or graduates of
the Philippine National Police Academy and who possess the general qualifications for
initial appointment to the PNP shall be qualified for appointment as chief of a city or
municipal police station: Provided, further, That the appointee has successfully passed
the required field training program and has complied with other requirements as may be
established by the Commission: Provided, furthermore, That the chief of police shall be
appointed in accordance with the provisions of Section 51, paragraph (b), subparagraph
4(i) of this Act."

Section 23. Qualifications Upgrading Program. – The Commission shall design and
establish a qualifications upgrading program for the Philippine National Police officers and
members in coordination with the Civil Service Commission, and the Commission on Higher
Education through a distance education program and/or an in-service education program or
other similar programs within ninety (90) days from the effectivity of this Act.

C. ATTRITION SYSTEM FOR UNIFORMED PERSONNEL

Section 24. Attrition System. – There shall be established a system of attrition within the
uniformed members of the PNP within one (1) year from the effectivity of this Act to be
submitted by the PNP to the Commission for approval. Such attrition system shall include but is
not limited to the provisions of the following sections.

Section 25. Attrition by Attainment of Maximum Tenure in Position. – The maximum

tenure of PNP members holding key positions is hereby prescribed as follows:

POSITION MAXIMUM TENURE

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 Chief four (4) years

Deputy Chief four (4) years

Director of the Staff Services four (4) years

Regional Directors six (6) years

Provincial/City Directors nine (9) years

Other positions higher than Provincial Director shall have the maximum tenure of six (6) years.
Unless earlier separated, retired or promoted to a higher position in accordance with the PNP
Staffing Pattern, police officers holding the above-mentioned positions shall be compulsorily
retired at the maximum tenure in position herein prescribed, or at age fifty-six (56), whichever is
earlier: Provided, That in times of war or other national emergency declared by Congress, the
President may extend the PNP Chief's tour of duty: Provided, further, That PNP members who
have already reached their maximum tenure upon the effectivity of this Act may be allowed one
(1) year more of tenure in their positions before the maximum tenure provided in this Section
shall be applied to them, unless they shall have already reached the compulsory retirement age
of fifty-six (56), in which case the compulsory retirement age shall prevail.

Except for the Chief, PNP, no PNP member who has less than one (1) year of service before
reaching the compulsory retirement age shall be promoted to a higher rank or appointed to any
other position.

Section 26. Attrition by Relief. – A PNP uniformed personnel who has been relieved for just
cause and has not been given an assignment within two (2) years after such relief shall be
retired or separated.

Section 27. Attrition by Demotion in Position or Rank. – Any PNP personnel, civilian or
uniformed, who is relieved and assigned to a position lower than what is established for his or
her grade in the PNP staffing pattern and who shall not be assigned to a position
commensurate to his or her grade within eighteen (18) months after such demotion in position
shall be retired or separated.

Section 28. Attrition by Non-promotion. – Any PNP personnel who has not been promoted
for a continuous period of ten (10) years shall be retired or separated.

Section 29. Attrition by Other Means. – A PNP member or officer with at least five (5) years
of accumulated active service shall be separated based on any of the following factors:

a) inefficiency based on poor performance during the last two (2) successive annual
rating periods;

b) inefficiency based on poor performance for three (3) cumulative annual rating periods;

c) physical and/or mental incapacity to perform police functions and duties; or

d) failure to pass the required entrance examinations twice and/or finish the required
career courses except for justifiable reasons.

Section 30. 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
17
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.

D. PROMOTION SYSTEM

Section 31. 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.

Section 32. 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.

Section 33. Section 38 (a) and (b) of Republic Act No. 6975 is hereby amended to read as
follows:

"SEC. 38. Promotions. – (a) 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.

"(b) 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."

E. UPGRADING OF SALARIES AND BENEFITS

Section 34. Section 75 of the same Act is hereby amended to read as follows:

"SEC. 75. Retirement Benefits. – Monthly retirement pay shall be fifty percent (50%) of
the base pay and longevity pay of the retired grade in case of twenty (20) years of active
service, increasing by two and one-half percent (2.5%) for every year of active service
rendered beyond twenty (20) years to a maximum of ninety percent (90%) for thirty-six
(36) years of active service and over: Provided, That, the uniformed personnel shall
have the option to receive in advance and in lump sum his retirement pay for the first
five (5) years: Provided, further, That payment of the retirement benefits in lump sum
shall be made within six (6) months from effectivity date of retirement and/or completion:

18
 Provided, finally, That retirement pay of the officers/non-officers of the PNP shall be
subject to adjustments based on the prevailing scale of base pay of police personnel in
the active service."

Section 35. Section 73 of the same Act is hereby amended to read as follows:

"SEC. 73. Permanent Physical Disability. – An officer or non-officer who is permanently

and totally disabled as a result of injuries suffered or sickness contracted in the
performance of his duty as duly certified by the National Police Commission, upon
finding and certification by the appropriate medical officer, that the extent of the disability
or sickness renders such member unfit or unable to further perform the duties of his
position, shall be entitled to one year's salary and to lifetime pension equivalent to eighty
percent (80%) of his last salary, in addition to other benefits as provided under existing
laws.

"Should such member who has been retired under permanent total disability under this
section die within five (5) years from his retirement, his surviving legal spouse or if there
be none, the surviving dependent legitimate children shall be entitled to the pension for
the remainder of the five (5) years guaranteed period."

Section 36. Section 36 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 36. Status of Members of the Philippine National Police. – The uniformed
members of the PNP shall be considered employees of the National Government and
shall draw their salaries therefrom. They shall have the same salary grade level as that
of public school teachers: Provided, That PNP members assigned in Metropolitan
Manila, chartered cities and first class municipalities may be paid financial incentive by
the local government unit concerned subject to the availability of funds."

Section 37. 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.

Section 38. Rationalization of Retirement and Separation Benefits. – The Commission

shall formulate a rationalized retirement and separation benefits schedule and program within
one (1) year from the effectivity of this Act for approval by Congress: Provided, That the
approved schedule and program shall have retroactive effect in favor of PNP members and
officers retired or separated from the time specified in the law, unless the retirement or
separation is for cause and the decision denies the grant of benefits.

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 TITLE V
INTERNAL AFFAIRS SERVICE

Section 39. Creation, Powers, and Functions. – An Internal Affairs Service (IAS) of the PNP
is hereby created which shall:

a) pro-actively conduct inspections and audits on PNP personnel and units;

b) investigate complaints and gather evidence in support of an open investigation;

c) conduct summary hearings on PNP members facing administrative charges;

d) submit a periodic report on the assessment, analysis, and evaluation of the character
and behavior of PNP personnel and units to the Chief PNP and the Commission;

e) file appropriate criminal cases against PNP members before the court as evidence
warrants and assist in the prosecution of the case;

f) provide assistance to the Office of the Ombudsman in cases involving the personnel of
the PNP.

The IAS shall also conduct, motu proprio, automatic investigation of the following cases:

a) incidents where a police personnel discharges a firearm;

b) incidents where death, serious physical injury, or any violation of human rights
occurred in the conduct of a police operation;

c) incidents where evidence was compromised, tampered with, obliterated, or lost while
in the custody of police personnel;

d) incidents where a suspect in the custody of the police was seriously injured; and

e) incidents where the established rules of engagement have been violated.

Finally, the IAS shall provide documents or recommendations as regards to the promotion of the
members of the PNP or the assignment of PNP personnel to any key position.

Section 40. Organization. – National, regional, and provincial offices of the Internal Affairs
shall be established. Internal Affairs Service shall be headed by an Inspector General who shall
be assisted by a Deputy Inspector General. The area offices shall be headed by a Director while
the provincial offices shall be headed by a Superintendent: Provided, That the head of the
Internal Affairs Service shall be a civilian who shall meet the qualification requirements provided
herein.

The commission shall establish a rationalized staffing pattern in the Reorganization Plan as
provided for in Section 13 hereof.

Section 41. Appointments. – The Inspector General shall be appointed by the President upon
the recommendation of the Director General and duly endorsed by the Commission.
Appointments of personnel who shall occupy various positions shall be made by the Inspector

20
General and shall be based on an established career pattern and criteria to be promulgated by
the Commission.

Section 42. Entry Qualifications to IAS. – Entry to the Internal Affairs Service shall be
voluntary and subject to rigid screening where only PNP personnel who have at least five (5)
years experience in law enforcement and who have no derogatory service records shall be
considered for appointment: Provided, That members of the Bar may enter the service laterally.

Section 43. Initial Appointments to the National, Directorial, and Provincial Internal
Affairs Service Offices. – Initial appointments of the heads of the offices in the Internal Affairs
Service shall be made by the President upon recommendation by the Commission. Thereafter,
appointments and promotions to the Service shall follow the established requirements and
procedures.

Section 44. Promotions. – The Commission shall establish the promotion system within the
IAS which shall follow the general principles of the promotion system in the PNP.

Section 45. Prohibitions. – Any personnel who joins the IAS may not thereafter join any other
unit of the PNP. Neither shall any personnel of the IAS be allowed to sit in a committee
deliberating on the appointment, promotion, or assignment of any PNP personnel.

Section 46. Career Development and Incentives. – (1) Personnel of the Internal Affairs
Service shall in addition to other allowances authorized under existing laws be granted
occupational specialty pay which shall not exceed fifty percent (50%) of their basic pay. This
pay shall not be considered a forfeiture of other remuneration and allowances which are allowed
under existing laws.

(2) IAS members shall also have priorities in the quota allocation for training and education.

Section 47. Records Management of the IAS. – Local Internal Affairs Offices shall be
responsible for the maintenance and update of the records of the members of the PNP within
their jurisdiction.

When a PNP personnel is reassigned or transferred to another location or unit outside the
jurisdiction of the current Internal Affairs Office, the original records of such personnel shall be
transferred over to the Internal Affairs Office that will acquire jurisdiction over the transferred
personnel while copies will be retained by the former Internal Affairs Office. In cases where a
PNP personnel has been relieved of his/her position and has not been given an assignment, the
Internal Affairs Office where the person has been assigned last shall continue to have
jurisdiction over his or her records until such time that the officer or member shall have been
given a new assignment where the records will be forwarded to the Internal Affairs Office
acquiring jurisdiction over the PNP personnel.

Section 48. Inclusion of Supervisors and Superiors in IAS Investigations. – The

immediate superior or supervisor of the personnel or units being investigated under the
preceding section shall be automatically included in the investigation of the IA to exclusively
determine lapses in administration or supervision.

Section 49. Disciplinary Recommendations of the IAS. – (a) Any uniformed PNP personnel
found guilty of any of the cases mentioned in Section 39 of this Act and any immediate superior
or supervisor found negligent under Section 48 shall be recommended automatically for
dismissal or demotion, as the case may be.

21
 (b) Recommendations by the IAS for the imposition of disciplinary measures against an
erring PNP personnel, once final, cannot be revised, set-aside, or unduly delayed by any
disciplining authority without just cause. Any disciplining authority who fails to act or who
acts with abuse of discretion on the recommendation of the IAS shall be made liable for
gross neglect of duty. The case of erring disciplinary authority shall be submitted to the
Director General for proper disposition.

Section 50. Appeals. – Decisions rendered by the provincial inspectors shall be forwarded to
the area internal affairs office for review within ten (10) working days upon the receipt thereof.
Decisions of the area office may be appealed to the national office through the Office of
Inspector General. Decisions rendered by the National IAS shall be appealed to the National
Appellate Board or to the court as may be appropriate: Provided, That the summary dismissal
powers of the Director General and Regional Directors as provided in Section 42 of Republic
Act No. 6975 shall remain valid: Provided, further, That the existing jurisdiction over offenses as
provided under Republic Act No. 6975 shall not be affected.

Section 51. Complaints Against the IAS. – A complaint against any personnel or office of IAS
shall be brought to the Inspector General's Office or to the Commission as may be appropriate.

TITLE VI
DISCIPLINARY MECHANISMS

Section 52. Section 41 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 41(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.

"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.

"(b) Internal Discipline. – On dealing with minor offenses involving internal discipline
found to have been committed by any regular member of their respective commands,
the duly designated supervisors and equivalent officers of the PNP shall, after due
notice and summary hearing, exercise disciplinary powers as follows:

"(1) Chiefs of police or equivalent supervisors may summarily impose the

administrative punishment of admonition or reprimand; restriction to specified
limits; withholding of privileges; forfeiture of salary or suspension; or any of the

22
 combination of the foregoing: Provided, That, in all cases, the total period shall
not exceed fifteen (15) days;

"(2) Provincial directors or equivalent supervisors may summarily impose

administrative punishment of admonition or reprimand; restrictive custody;
withholding of privileges; forfeiture of salary or suspension, or any combination of
the foregoing: Provided, That, in all cases, the total period shall not exceed thirty
(30) days;

"(3) Police regional directors or equivalent supervisors shall have the power to
impose upon any member the disciplinary punishment of dismissal from the
service. He may also impose the administrative punishment of admonition or
reprimand; restrictive custody; withholding of privileges; suspension or forfeiture
of salary; demotion; or any combination of the foregoing: Provided, That, in all
cases, the total period shall not exceed sixty (60) days;

"(4) The Chief of the PNP shall have the power to impose the disciplinary
punishment of dismissal from the service; suspension or forfeiture of salary; or
any combination thereof for a period not exceeding one hundred eighty (180)
days: Provided, further, That the chief of the PNP shall have the authority to
place police personnel under restrictive custody during the pendency of a grave
administrative case filed against him or even after the filing of a criminal
complaint, grave in nature, against such police personnel.

"(c) Exclusive Jurisdiction. – A complaint or a charge filed against a PNP member shall
be heard and decided exclusively by the disciplining authority who has acquired original
jurisdiction over the case and notwithstanding the existence of concurrent jurisdiction as
regards the offense: Provided, That offenses which carry higher penalties referred to a
disciplining authority shall be referred to the appropriate authority which has jurisdiction
over the offense.

"For purposes of this Act, a 'minor offense' shall refer to any act or omission not
involving moral turpitude, but affecting the internal discipline of the PNP, and shall
include, but not limited to:

"(1) Simple misconduct or negligence;

"(2) Insubordination;

"(3) Frequent absences and tardiness;

"(4) Habitual drunkenness; and

"(5) Gambling prohibited by law.

"(d) Forum shopping of multiple filing of complaints. – When an administrative complaint

is filed with a police disciplinary authority, such as the People's Law Enforcement Board
(PLEB), no other case involving the same cause of action shall be filed with any other
disciplinary authority.

"In order to prevent forum shopping or multiple filing of complaints, the complainant or
party seeking relief in the complaint shall certify under oath in such pleading, or in a

23
 sworn certification annexed thereto and simultaneously filed therewith, to the truth of the
following facts and undertaking:

"(a) that he has not heretofore commenced any other action or proceeding
involving the same issues in other disciplinary forum;

"(b) that to the best of his knowledge, no such action or proceeding is pending in
other police administrative disciplinary machinery or authority;

"(c) that if there is any such action or proceeding which is either pending or may
have been terminated, he must state the status thereof; and

"(d) that if he should thereafter learn that a similar action or proceeding has been
filed or is pending before any other police disciplinary authority, he must
undertake to report that fact within five (5) days therefrom to the disciplinary
authority where the original complaint or pleading has been filed."

Section 53. Section 42 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 42. Summary Dismissal Powers of the National Police Commission, PNP Chief
and PNP Regional Directors. – The National Police Commission, the chief of the PNP
and PNP regional directors, after due notice and summary hearings, may immediately
remove or dismiss any respondent PNP member in any of the following cases:

"(a) When the charge is serious and the evidence of guilt is strong;

"(b) When the respondent is a recidivist or has been repeatedly charged and
there are reasonable grounds to believe that he is guilty of the charges; and

"(c) When the respondent is guilty of a serious offense involving conduct

unbecoming of a police officer.

"Any member or officer of the PNP who shall go on absence without official leave
(AWOL) for a continuous period of thirty (30) days or more shall be dismissed
immediately from the service. His activities and whereabouts during the period shall be
investigated and if found to have committed a crime, he shall be prosecuted
accordingly."

Section 54. Section 44 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 44. Disciplinary Appellate Boards. – The formal administrative disciplinary

machinery of the PNP shall be the National Appellate Board and the regional appellate
boards.

"The National Appellate Board shall be 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.

"The National Appellate Board may conduct its hearings or sessions in Metropolitan
Manila or any part of the country as it may deem necessary.

"There shall be at least one (1) regional appellate board per administrative region in the
country to be composed of a senior officer of the regional Commission as Chairman and
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 one (1) representative each from the 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: Provided, That the Commission may create additional
regional appellate boards as the need arises."

Section 55. Section 47 of Republic Act No. 6975 is hereby amended to read as follows:

"Sec. 47. Preventive Suspension Pending Criminal Case. – Upon the filing of a
complaint or information sufficient in form and substance against a member of the PNP
for grave felonies where the penalty imposed by law is six (6) years and one (1) day or
more, the court shall immediately suspend the accused from office for a period not
exceeding ninety (90) days from arraignment: Provided, however, That if it can be
shown by evidence that the accused is harassing the complainant and/or witnesses, the
court may order the preventive suspension of the accused PNP member even if the
charge is punishable by a penalty lower than six (6) years and one (1) day: Provided,
further, That the preventive suspension shall not be more than ninety (90) days except if
the delay in the disposition of the case is due to the fault, negligence or petitions of the
respondent: Provided, finally, That such preventive suspension may be sooner lifted by
the court in the exigency of the service upon recommendation of the chief, PNP. Such
case shall be subject to continuous trial and shall be terminated within ninety (90) days
from arraignment of the accused."

Section 56. Section 49 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 49. Legal Assistance. – The Secretary of Justice, the chairman of the
Commission or the Chief of the PNP may authorize lawyers of their respective agencies
to provide legal assistance to any member of the PNP who is facing before the
prosecutor's office, the court or any competent body, a charge or charges arising from
any incident which is related to the performance of his official duty: Provided, That
government lawyers so authorized shall have the power to administer oaths: Provided,
further, That in such cases, when necessary, as determined by the Commission, a
private counsel may be provided at the expense of the Government. The Secretary of
Justice, the Chairman of the Commission and the Chief of the PNP shall jointly
promulgate rules and regulations to implement the provisions of this Section."

TITLE VII
CREATION OF WOMEN'S DESKS IN ALL POLICE STATIONS AND THE FORMULATION
OF A GENDER SENSITIVITY PROGRAM

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

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

Section 59. Gender Sensitivity Program. – The Commission shall formulate a gender
sensitivity program within ninety (90) days from the effectivity of this Act to include but not

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limited to the establishment of equal opportunities for women in the PNP, the prevention of
sexual harassment in the workplace, and the prohibition of discrimination on the basis of gender
or sexual orientation.

Section 60. Administrative Liability. – Any personnel who shall violate the established rules
and regulations regarding gender sensitivity and gender equality shall be suspended without
pay for not less than thirty (30) days and shall undergo gender sensitivity seminar or training:
Provided, That any personnel who violates the rules more than twice shall be recommended for
demotion or dismissal from the PNP.

Section 61. Non-prohibition for Promotion. – Nothing in this title shall be construed as a
restriction on the assignment of policewomen to other positions in the PNP nor shall any
provisions of this title be used for the non-promotion of a PNP female personnel to higher
position.

TITLE VIII
PARTICIPATION OF LOCAL GOVERNMENT EXECUTIVES IN THE ADMINISTRATION OF
THE PNP

Section 62. The provisions of the second, third, fourth and fifth paragraphs of subparagraph (b)
(1), Section 51, Chapter III-D of Republic Act No. 6975 are hereby amended to read as follows:

"The term 'operational supervision and control' shall mean 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.

"It shall also include the power to direct the employment and deployment of units or
elements of the PNP, through the station commander, to ensure public safety and
effective maintenance of peace and order within the locality. For this purpose, the terms
'employment' and 'deployment' shall mean as follows:

"'Employment' refers to the utilization of units or elements of the PNP for purposes of
protection of lives and properties, enforcement of laws, maintenance of peace and order,
prevention of crimes, arrest of criminal offenders and bringing the offenders to justice,
and ensuring public safety, particularly in the suppression of disorders, riots,
lawlessness, violence, rebellious and seditious conspiracy, insurgency, subversion or
other related activities.

"'Deployment' shall mean the orderly and organized physical movement of elements or
units of the PNP within the province, city or municipality for purposes of employment as
herein defined."

Section 63. Section 51 (b) (4) of Republic Act No. 6975 is hereby amended to read as follows:

"(4) Other Powers. In addition to the aforementioned powers, city and municipal mayors
shall have the following authority over the PNP units in their respective jurisdictions:

"(i) Authority to choose the chief of police from a list of five (5) eligibles
recommended by the provincial police director, preferably from the same
province, city or municipality: Provided, however, That in no case shall an officer-
in-charge be designated for more than thirty (30) days: Provided, further, That
the local peace and order council may, through the city or municipal mayor,
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 recommend the recall or reassignment of the chief of police when, in its
perception, the latter has been ineffective in combating crime or maintaining
peace and order in the city or municipality: Provided, finally, That such relief shall
be based on guidelines established by the NAPOLCOM;

"(ii) Authority to recommend to the provincial director the transfer, reassignment

or detail of PNP members outside of their respective city or town residences; and

"(iii) Authority to recommend from a list of eligibles previously screened by the

peace and order council the appointment of new members of the PNP to be
assigned to their respective cities or municipalities without which no such
appointments shall be attested: Provided, That whenever practicable and
consistent with the requirements of the service, PNP members shall be assigned
to the city or municipality of their residence.

"The control and supervision of anti-gambling operations shall be within the jurisdiction
of local government executives."

Section 64. Automatic Deputation of Local Government Executives as Commission

Representatives. – Governors and mayors, upon having been elected and living qualified as
such, are automatically deputized as representatives of the National Police Commission in their
respective jurisdiction. As deputized agents of the Commission, local government executives
can inspect police forces and units, conduct audit, and exercise other functions as may be duly
authorized by the Commission.

Section 65. Section 52 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 52. Suspension or Withdrawal of Deputation. – Unless reversed by the President,

the Commission may, after consultation with the provincial governor and congressman
concerned, suspend or withdraw the deputation of any local executive for any of the
following grounds:

"(a) Frequent unauthorized absences;

"(b) Abuse of authority;

"(c) Providing material support to criminal elements; or

"(d) Engaging in acts inimical to national security or which negate the

effectiveness of the peace and order campaign.

"Upon good cause shown, the President may, directly or through the Commission, motu
proprio restore such deputation withdrawn from any local executive."

TITLE IX
STRENGTHENING THE PEOPLE'S LAW ENFORCEMENT BOARD

Section 66. Paragraph (a), Section 43 of Republic Act No. 6975 is hereby amended to read as
follows:

"SEC. 43. People's Law Enforcement Board (PLEB). – (a) Creation and Functions –
The sangguniang panlungsod/bayan in every city and municipality shall create such
number of People's Law Enforcement Boards (PLEBs) as may be necessary: Provided,
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 That there shall be at least one (1) PLEB for every five hundred (500) city or municipal
police personnel and for each of the legislative districts in a city.

"The PLEB shall be the central receiving entity for any citizen's complaint against the
officers and members of the PNP. Subject to the provisions of Section 41 of Republic
Act No. 6975, the PLEB shall take cognizance of or refer the complaint to the proper
disciplinary or adjudicatory authority within three (3) days upon the filing of the
complaint."lawph!l.net

Section 67. Number (3) of Paragraph (b), Section 43 of Republic Act No. 6975 is hereby
amended to read as follows:

"(3) Three (3) other members who are removable only for cause to be chosen by the
local peace and order council from among the respected members of the community
known for their probity and integrity, one (1) of whom must be a woman and another a
member of the Bar, or, in the absence thereof, a college graduate, or the principal of the
central elementary school in the locality."

Section 68. The last paragraph of Section 43 (b)(3) of Republic Act No. 6975 shall be amended
to read as follows:

"The Chairman of the PLEB shall be elected from among its members. The term of office
of the members of the PLEB shall be for a period of three (3) years from assumption of
office. Such member shall hold office until his successor shall have been chosen and
qualified."

Section 69. Compensation and Benefits. – Paragraph c, Section 43 of Republic Act No. 6975
shall be amended to read as follows:

"(c) Compensation. – Membership in the PLEB is a civic duty. However, PLEB members
shall be paid per diem and shall be provided with life insurance coverage as may be
determined by the city or municipal council from city or municipal funds. The DILG shall
provide for the per diem and insurance coverage of PLEB members in certain low
income municipalities."

Section 70. Budget Allocation. – The annual budget of the Local Government Units (LGU)
shall include an item and the corresponding appropriation for the maintenance and operation of
their local PLEBs.

The Secretary shall submit a report to Congress and the President within fifteen (15) days from
the effectivity of this Act on the number of PLEBs already organized as well as the LGUs still
without PLEBs. Municipalities or cities without a PLEB or with an insufficient number of
organized PLEBs shall have thirty (30) more days to organize their respective PLEBs. After
such period, the DILG and the Department of Budget and Management shall withhold the
release of the LGU's share in the national taxes in cities and municipalities still without PLEB(s).

Section 71. Request for Preventive Suspension. – The PLEB may ask any authorized
superior to impose preventive suspension against a subordinate police officer who is the subject
of a complaint lasting up to a period as may be allowed under the law. A request for preventive
suspension shall not be denied by the superior officer in the following cases:

a) when the respondent refuses to heed the PLEB's summons or subpoena;

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 b) when the PNP personnel has been charged with offenses involving bodily harm or
grave threats,

c) when the respondent is in a position to tamper with the evidence; andlawphil.net

d) when the respondent is in a position to unduly influence the witnesses.

Any superior who fails to act on any request for suspension without valid grounds shall be held
administratively liable for serious neglect of duty.

TITLE X
TRANSITORY PROVISIONS

Section 72. Transition. – The provisions on the reorganization and the civilianization of the
PNP and the devolution of police capabilities to the local police forces shall be effected within
three (3) years after the effectivity of this Act.

TITLE XI
FINAL PROVISIONS

Section 73. Rules and Regulations. – Unless otherwise provided in this Act, the Commission
in coordination with the Philippine National Police and the Department of the Interior and Local
Government, shall promulgate rules and regulations for the effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in three (3) newspapers of
general circulation.

Section 74. Appropriations. – The amount necessary to carry out the provisions of this Act is
hereby authorized to be appropriated in the General Appropriations Act of the year following its
enactment into law and thereafter.

Section 75. Repealing Clause. – All laws, presidential decrees, letters of instructions,
executive orders, rules and regulations insofar as they are inconsistent with this Act, are hereby
repealed or amended as the case may be.

Section 76. Separability Clause. – In case any provision of this Act or any portion thereof is
declared unconstitutional by a competent court, other provisions shall not be affected thereby.

Section 77. Effectivity Clause. – This Act shall take effect after its complete publication in at
least three (3) newspapers of general circulation.

Approved: February 25, 1998

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