Provided, however, that in no case shall any officer who hasretired or is retirable within six (6)months from his compulsory retirement age be appointed as Chief of the PNP.
The PNP shall be composed of a national office, regional offices,provincial offices, district offices, city or municipal stations. At the national level, the PNP shallmaintain its national headquarter in CampCrame, office in Metropolitan Manilawhich shall house the directorial staff,service staff and special support units.
At the regional level, the PNP shall have regional offices,including that of the National CapitalRegion, which may be divided intotwo (2) separate regions without prejudice to the pertinent provisions ofthe Organic Act for the Autonomous Regions of the Cordilleras andMuslim Mindanao relative to the creation of a regional office force in thearea of autonomy. Each of these regional offices shall be headed by a regionaldirector for peace and order.
At the provinciallevel, there shall be a PNP office, each headed by a provincial director. In the case of large provinces, policedistricts may be established by the Commission to be headed by a district director. At the city or municipal level, there shall bea PNP station, each headed by a chief of police.
Powers and FunctionsThe PNP shall have the following powers and functions:
a. Enforce all laws and ordinances relative to the protectionof lives and properties;
b. Maintain peace and order and take all necessary steps toensure public safety;
c. Investigate and prevent crimes, effect the arrest of criminaloffenders, bring offenders to justice and assist in their prosecution;
d. Exercise the general powers to make arrest, search andseizure in accordance with the Constitution and pertinent laws;
e. Detain an arrested person for a period not beyond what isprescribed by law, informing the person so detained of all his rights under theConstitution;
f. Issue licenses for the possession of firearms andexplosives in accordance with law;
g. Supervise and control the training and operations ofsecurity agencies and issue licenses to operate security agencies, and tosecurity guards and private detectives, for the practice of their professions;and
h. Perform such other duties and exercise all other functionsas may be provided by law.
Powers and Functions ofthe PNP ChiefThe command and direction of the PNP shall be vested in theChief of the PNP with the following powers and functions:
a. Direct and control tactical as well a strategic movements,deployment, placement, utilization of the PNP or any of its units andpersonnel, including its equipment, facilities and other resources. Suchcommand and direction may be delegated to subordinate officials with therespect to units under their respective commands in accordance with theprescribed NAPOLCOM rules and regulations.
b. Issue detained implementing policies and instructionsregarding personnel, funds, properties, records, correspondence and such asother matters. The Manning Levels On the average nationwide, the manning levelsof the PNP shall be approximately in accordance with a police-to-populationratio of one (1) policeman for everyfive hundred (500) persons.
The actual strength by cities and municipalities shall dependon the state of peace and order, population density and actual demands of the servicein the particular area: Provided, That the minimum police-to-population ratioshall not be less than one (1) policemanfor every one thousand (1,000) persons: Provided, further, That urban areas shall have a higher minimumpolice-to-population ratio as may be prescribed by regulations.
Rank ClassificationFor purposes of efficient administration, supervision andcontrol, the rank classification of the members of the PNP shall be as follows:
Director General
Deputy Director General
Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Police Officer IV
Senior Police Officer III
Senior Police Officer II
Senior Police Officer I
Police Officer III
Police Officer II
Police Officer I
Key PositionsThe head of the PNPwith the rank director general shallhave the position title of Chief of thePNP. The second in command of thePNP with the rank of deputy director generalshall be the Deputy Chief of the PNP forAdministration. The third in commandwith the rank also of deputy directorgeneral shall be the Deputy Chief ofthe PNP for Operations. At the national office, the head of the directorial staff with the rank of deputy director general shall be known as Chief of the Directorial Staff of the PNP.
The heads of thevarious staff divisions in the directorial staff shall have the rank of director with the position title of Director of theDirectorial Staff of their respective functional divisions. The head of the Inspectorate Division with therank of chief superintendent shallassume the position title of InspectorGeneral.
The heads of theadministrative and operational support divisions shall have the rank of chief superintendent. The head of the NCR with the rank of director shall assume the position title of NCR Director. The heads of the regional offices with the rank of chief superintendent shall assumethe position title of Regional Director.
The heads of the NCRdistrict offices with the rank ofchief superintendent shall have the position title of District Director. The headsof provincial offices with the rankof senior superintendent shall be known as Provincial Director. The headsof the district offices with the rankof superintendent shall have the positiontitle of District Director. The headsof the municipality or city offices with the rank of chief inspector shall be known as Chief of Police.
General Qualificationsfor AppointmentNo person shall be appointed as officer or member of the PNPunless he possesses the following minimum qualifications:
(a) A citizen of the Philippines;
(b) A person of good moral conduct;
(c) Of sound mind and body;
(d) Must possess a formal baccalaureate degree forappointment as officer and must have finished at least second year college orthe equivalent of seventy-two (72)collegiate units for appointment as non-officer or an equivalent trainingor experience for those already in the service upon the affectivity of thisAct.
(e) Must be eligible in accordance with the standards set bythe Commission;
(f) Must not have been dishonorably discharged from militaryemployment or dismissed for cause from any civilian position in the Government;
(g) Must not have been convicted be final judgment of anoffense 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 (1.57m.) for female;(i) Must weight not more or less than five kilograms (5 kg.)of 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.
Appointment of PNPOfficers and MembersThe appointment of the officers and members of the PNP shallbe effected in the following manner:
(a) Police Officer Ito Senior Police Officer IV. – Appointed by the PNP regional director for regionalpersonnel or by the Chief of thePNP for the national headquarterspersonnel and attested by the CivilService Commission.
(b) Inspector to Superintendent.– Appointed by the Chief of the PNP,as recommended by their immediatesuperiors, attested by the Civil ServiceCommission;
(c) SeniorSuperintendent to Deputy Director General. – Appointed by the President upon recommendation of the chief of the PNP, with proper endorsement by the Chairman of the CivilService Commission and subject toconfirmation by the Commission on Appointments; and
(d) Director General.– Appointed by the President fromamong the senior officers down to the rankof chief superintendent in the service, subject to confirmation by the Commission on Appointments: Provided,That the Chief of the PNP shall serve a tour of duty not to exceed four (4) years: Provided, further, That, in times of war or other nationalemergency declared by Congress, the President may extend such tour of duty.
Examinations forPolicemenThe Civil ServiceCommission shalladminister the qualifying entrance examinations for policemen on the basis ofthe standards set by the NAPOLCOM.
Lateral Entry of Officers into the PNP In general, alloriginal appointments of commissioned officers in the PNP shall commence withthe rank of inspector, to includeall those with highly technical qualifications applying for the PNP technicalservices, such as dentist, optometrists, nurses, engineers, and graduates offorensic sciences.
Doctors of medicine, members of the Bar, and chaplains shallbe appointed to the rank of seniorinspector in their particular technicalservice.
Graduates of the PhilippineNational Police Academy (PNPA) shall be automatically appointed to the initialrank of inspector. Licensedcriminologists may be appointed to the rank of inspector to fill up any vacancyafter promotions from the ranks are completed.
Qualifications of Chiefof City and Municipal Police Stations1. No person may be appointed chief of a city police stationunless he holds a bachelor's degree from a recognized institution of learningor has served in the Philippine Constabulary or in the police department of anycity or municipality with the rank of captain or its equivalent therein for at leastthree (3) years.
2. No person may be appointed chief of a municipal policestation unless he holds a bachelor’s degree from a recognized institution oflearning or has served as officer in the Philippine Constabulary or in thepolice department of any city or municipality for at least two (2) years withthe rank lieutenant or its equivalent: Provided,
3. That a member of the Bar with at least five (5) yearsexperience in active law practice and who possesses the general qualificationsunder Section 30 of this Act shall be qualified for appointment as chief of acity or municipal police station: Provided, further, That the chief of policeshall be appointed in accordance with the provisions of Section 51, paragraphb), subparagraph (4) (i) of this Act.
PNP Support UnitsThe PNP shall be supported by the following support units:
(a) AdministrativeSupport Units.
1. Crime Laboratory.There shall be established a central Crime Laboratory to be headed by a Director with the rank of chiefsuperintendent, which shall provides scientific and technical investigativeaid and support to the PNP and other government investigative agencies. Itshall also provide crime laboratory examination, evaluation and identificationof physical evidences involved in crimes with primary emphasis on theirmedical, chemical, biological and physical nature. There shall be likewise beingestablished regional and city crime laboratories as may be necessary in all regionsand cities of the country.
2. Logistic Unit.Headed by a Director with the rank of chief superintendent, the LogisticsUnit shall be responsible for the procurement, distributions and management ofall the logistical requirements of the PNP including firearms and ammunition.
3. Communications Unit.Headed by a Director with the rank of chief superintendent, the CommunicationsUnit shall be responsible for establishing an effective police communicationsnetwork.
4. Computer Center.Headed by a Director with the rank of chief superintendent, theComputer Center shall be responsible for the design, implementation andmaintenance of a database system for the PNP.
5. Finance Center.Headed by a Director with the rank of chief superintendent, the FinanceCenter shall be responsible for providing finance services to the PNP.
6. Civil Security Unit.Headed by a Director with the rank of chief superintendent, the CivilSecurity Unit shall provide administrative services and general supervisionover organization, business operation and activities of all organized privatedetectives, watchmen, security guard agencies and company guard houses. Theunit shall likewise supervise the licensing and registration of firearms and explosives.The approval applications for licenses to operate private security agencies, aswell as the issuance of licenses to security guards and the licensing offirearms and explosives, shall be decentralized to the PNP regional offices.
(b) OperationalSupport Units.
(1) Maritime Police Unit.Headed by a Director with the rankof chief superintendent, theMaritime Police Unit shall perform all police functions over Philippineterritorial waters and rivers.
(2) PoliceIntelligence Unit. Headed by a Directorwith the rank of chief superintendent,the Police Intelligence Unit shall serve as the intelligence andcounterintelligence operating unit of the PNP.
(3) Police SecurityUnit. Headed by a Director withthe rank of chief superintendent,Police Security Unit shall provide security for government officials, visitingdignitaries and private individuals authorized to be given protection.
(4) CriminalInvestigation Unit. Headed by a Directorwith the rank of chief superintendent,the Criminal Investigation Unit shall undertake the monitoring, investigationand prosecution of all crimes involving economic sabotage, and other crimes ofsuch magnitude and extent as to indicate their commission by highly placed or professionalcriminal syndicates and organizations. This unit shall likewise investigate allmajor cases involving violations of the Revised Penal Code and operate againstorganized crime groups, unless the President assigns the case exclusively tothe National Bureau of Investigation (NBI).
(5) Special ActionForce. Headed by a Director withthe rank of chief superintendent,the Special Action Force shall function as a mobile strike force or reactionunit to augment regional, provincial, municipal and city police forces forcivil disturbance control, counterinsurgency, hostage-taking rescue operations,and other special operations.
(6) Narcotics Unit.Headed by a Director with the rank of chief superintendent, theNarcotics Unit shall enforce all laws relative to the protection of thecitizenry against dangerous and other prohibited drugs and substances.
(7) Aviation Security Unit.Headed by a Director with the rank of chief superintendent, theAviation Security Unit, in coordination with airport authorities, shall secureall the country’s airports against offensive and terroristic acts that threatencivil aviation, exercise operational control and supervision over all agenciesinvolved in airport security operation, and enforce all laws and regulationsrelative to air travel protection and safety.
(8) Traffic ManagementUnit. Headed by a Director withthe rank of chief superintendent,the Traffic Management Unit shall enforce traffic laws and regulations.
(9) Medical and DentalCenters. Headed by a Directorwith the rank of chief superintendent,the Medical and Dental Centers shall be responsible for providing medical anddental services for the PNP.
(10) Civil RelationsUnits. Headed with a Directorwith the rank of chief superintendent,the Civil Relations Unit shall implement plans and programs that will promotecommunity and citizens’ participation in the maintenance of peace and order andpublic safety.
Status of PNP MembersThe members of the PNP shall be considered employees of theNational Government and shall draw their salaries there from: Provided, thatPNP members assigned in Metropolitan Manila, chartered cities and first classmunicipalities may be paid in additional monthly allowance by the localgovernment unit concerned.
Performance Evaluation SystemThere shall be established a performance evaluation systemwhich shall be administered in accordance with the rules, regulations andstandards, and a code of conduct promulgated by the Commission for members ofthe PNP.
Such performance evaluation system is administered in such away as to foster the improvement of individual efficiency and behavioraldiscipline as well as the promotion of organizational effectiveness and respectfor the constitutional and human rights of citizens, democratic principles andideals and the supremacy of civilian authority over the military.
The rating system as contemplated herein shall be based on standardsprescribed by the Commission and shall consider results of annual physical,psychological and neuropsychiatric examinations conducted on the PNP officer ormember concerned.
Promotions(a) A member of the PNP shall not be eligible for promotionto a higher position or rank unless he has successfully passed thecorresponding promotional examination given by the Commission, or the Bar orcorresponding board examinations for technical services and other professions,and has satisfactorily completed an appropriate and accredited course in the PNPor equivalent training institutions. In addition, no member of the PNP shalleligible for promotion unless he has been cleared by the People's LawEnforcement Board (PLEB) of complaints proffered against him, if any.
(b) Special promotionmay be extended to any member of the PNP for acts of conspicuous courage andgallantry at the risk of his life above and beyond the call of duty or selectedas such in a nationwide search conducted by the PNP or any accredited civic organization.
Two Types ofRetirements:1. CompulsoryRetirementCompulsory retirement, for officer and non-officer, shall beupon the attainment of age fifty-six(56): Provided, that, in case of any officer with the rank of chief superintendent,director or deputy director general, the Commission may allow his retention in theservice for an unextendible period of one (1) year.
2. Optional RetirementUpon accumulation of at least twenty (20) years of satisfactory active service, an officer ornon-officer, at his own request and with the approval of the Commission, shallbe retired from the service and entitled to receive benefits provided by law.
Internal AffairsServiceAn Internal Affairs Service (IAS) of the PNP has been createdto have the following powers and functions:
(a) Pro-actively conduct inspections and audits on PNPpersonnel and units;
(b) Investigate complaints and gather evidence in support ofan open investigation;
(c) Conduct summary hearings on PNP members facingadministrative charges;
(d) Submit a periodic report on the assessment, analysis, andevaluation of the character and behavior of PNP personnel and units to theChief PNP and the Commission;
(e) File appropriate criminal cases against PNP membersbefore the court as evidence warrants and assist in the prosecution of thecase;
(f) Provide assistance to the Office of the Ombudsman incases 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 anyviolation 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 policewas seriously injured; and
(e) Incidents where the established rules of engagement havebeen violated. Finally, the IAS shall provide documents or recommendations asregards to the promotion of the members of the PNP or the assignment of PNPpersonnel to any key position.
COMMON PROVISIONS FORUNIFORMED PERSONNELIncentives and AwardsThere shall be established an incentives and awards systemwhich shall be administered by a board under such rules, regulations andstandards as may be promulgated by the Department: Provided, That equivalentawards shall be given by the Department for every award duly given byrespectable civic organizations in a nationwide selection for outstandingachievement and/or performance of any member.
Health and WelfareIt shall be the concern of the Department to provideleadership and assistance in developing health and welfare programs for its personnel.The heads of all bureaus and other offices created under this Act shall takeall proper steps towards the creation of an atmosphere conducive to a goodsupervisor-subordinate relationship and the improvement of personnel morale.
Longevity Pay andAllowancesUniformed personnel of the Department shall be entitled to alongevity pay of ten percent (10%)of their basic monthly salaries for every five(5) years of service, which shall be reckoned from the date of thepersonnel's original appointment in the AFP, or appointment in the police, firejail or other allied services to the integration of the PC and the INP:
Provided, that the totality of such longevity pay shall not exceedfifty percent (50%) of the basic pay.They shall also continue to enjoy the subsistence allowance, quarter’sallowance, clothing allowance cost of living allowance, hazard pay, and allother allowances as provided by existing laws.
Active ServiceFor purposes of this Act, active service of the uniformed personnelshall refer to services rendered as an officer and non-officer, cadet, traineeor draftee in the PNP, Fire or Jail Force or in the municipal police prior tothe integration of the PC-INP or in the AFP, and services rendered as acivilian official or employee in the Philippine Government prior to the date ofseparation or retirement from the PNP, Fire or Jail Force:
Provided, That, for purposes of retirement he shall haverendered at least ten (10) years ofactive service as officer or non-officer in the AFP, and /or in the INP and/orin the PNP, Fire or Jail Force:
Provided, further, that services rendered as cadet, probationaryofficer, trainee or draftee in the AFP or as cadet or trainee in the INP andPNP shall be credited for purposes of longevity pay:
Provided, finally, that, for cadet services, the maximumnumber of service to be credited shall not exceed the duration of thepre-commissionship course specified in the curriculum.
Permanent Physical DisabilityAn officer or non-officer who, having accumulated at least twenty (20) years of active service,incurs total permanent physical disability in line of duty shall becompulsorily retired: Provided, That, if he has accumulated less than twenty(20) years of active service, he shall be separated from the service and beentitled to a separation pay equivalent to oneand one-fourth (11/4) months base pay for every year of service, or afraction thereof, and longevity pay of the permanent grade he holds.
Retirement in the Next Higher Grade Uniformed personnelcovered under this Act shall, for purposes of retirement pay, be retired in one(1) grade higher than the permanent grade last held: Provided that they haveserved for at least one (1) year of active service in the permanent grade.
Retirement BenefitsMonthly retirement pay shall be fifty percent (50%) of the base pay and longevity pay of theretired grade in case of twenty (20) years of active service, increasing by two and one-half percent (2.5%) forevery year of active service rendered beyond twenty (20) years to a maximum ofninety percent (90%) for thirty-six (36) years of active service and over.
Death and Disability BenefitsUniformed personnel and/or his heirs shall be entitled to allbenefits relative to the death or permanent incapacity of said personnel, asprovided for under this Act, and/or other existing laws.
Exemption fromAttachment and TaxesAll benefits granted by this Act, including benefits receivedfrom the Government Service Insurance System, shall not be subject toattachment, levy, execution or any tax of whatever nature.
Uniformed PersonnelMissing in ActionAny uniformed personnel who while in the performance of dutyor by reason of his being an officer or member of the PNP, Fire or Jail Force,is officially confirmed missing inaction, kidnapped or captured by lawlesselements shall, while so absent, be entitled to receive or to have credited tohis account the same pay and allowances to which such officer or uniformedmember was entitled at the time of the incident:
Provided, That the compulsory retirement of a person missingin action shall be processed to allow the members of the next of kin to enjoythe retirement benefits: Provided, further, That should the Chief of the PNP, Fireor Jail Force, as the same may be, upon the recommendation of the proper authorityand/or immediate supervisor, subsequently determine that the officer oruniformed member concerned have been absent from duty without authority, suchmember or his heirs shall reimburse the PNP, Fire or Jail Force all such amountand allowances received by him in accordance with this section and thefollowing section.
Payment of Salary andAllowances to the Heirs of Uniformed PersonnelIn case any uniformed personnel has been officially confirmedas missing in action under any of the circumstances provided in the precedingsection, the Chief of the PNP, Fire or Jail Force, as the case may be, shalldirect payment of the absent uniformed personnel’s monthly salary andallowances and other emoluments pertinent thereto his/her heirs for theirsupport for a maximum period of one (1) year from the date of commencement ofabsent or when last heard from as those kidnapped or captured by lawless elements.
Finding of Death andTermination of Payment of Salary and AllowancesUpon the termination of the one (1) year period as specifiedin the preceding section, the missing uniformed personnel shall beautomatically terminated. In the event said personnel shall thereafter be foundto have been alive and is not entitled to the benefits paid under the precedingsections of this Act, said benefits shall be reimbursed to the State within six(6) months from the discovery of the fact or his reappearance. However, if his continueddisappearance was fraudulent or made in bad faith he shall, together with hisco-conspirators, be prosecuted according to law.
Complaints andGrievancesUniformed personnel shall have the right to presentcomplaints and grievances to their superiors or commanders and have them heardand adjudicated as expeditiously as possible in the best interest of theservice, with due regard to due process in every case. Such complaints orgrievances shall be resolved at the lowest possible level in the unit ofcommand and the respondent shall have the right to appeal from an adversedecision to higher authorities.
Republic Act No. 8551Approved: February 25, 1998AN ACT PROVIDING FOR THE REFORMAND REORGANIZATION OF THE PHILIPPINENATIONAL POLICE AND FOR OTHER PURPOSES,AMENDING CERTAIN PROVISIONSOF REPUBLIC ACT NUMBERED SIXTY-NINE HUNDRED ANDSEVENTY-FIVE ENTITLED,"AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICEUNDER A RE-ORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, ANDFOROTHER PURPOSES"
THE ROLE OF THE PNP INCOUNTER-INSURGENCY FUNCTIONSSection 3. Section 12 of Republic Act No. 6975is herebyamended to read as follows:"SEC. 12. Relationship of the Department withthe Department of National Defense The Department of the Interior and LocalGovernment shall be relieved of the primary responsibility on matters involvingthe suppression of insurgency and other serious threats to national security.The Philippine National Police shall, through information gathering andperformance of its ordinary police functions, support the Armed Forces of thePhilippines on matters involving suppression of insurgency, except in caseswhere the President shall call on the PNP to support the AFP in combatoperations."In times of national emergency, the PNP, the Bureau of FireProtection, and the Bureau of Jail Management and Penology shall, upon thedirection of the President, assist the armed forces in meeting the nationalemergency."
THE PHILIPPINE NATIONALPOLICEA. REORGANIZATIONSection 13. Authority of the Commission to Reorganize thePNP.– Notwithstanding the provisions of Republic Act No. 6975 on the organizationalstructure and rank classification of the PNP, the Commission shall conduct amanagement audit, and prepare and submit to Congress a proposed reorganizationplan of the PNP not later than December 31, 1998,subject to the limitationsprovided under this Act and based on the following criteria:
a) increased police visibility through dispersal of personnelfrom the headquarters to the field offices and by the appointment andassignment of non-uniformed personnel to positions which are purelyadministrative, technical, clerical or menial in nature and other positionswhich are not actually and directly related to police operation; and
b) Efficient and optimized delivery of police services to thecommunities. The PNP reorganization program shall be approved by Congressthrough a joint resolution.
B. QUALIFICATIONSUPGRADINGSection 14. Section 30of Republic Act No. 6975is 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 shepossesses 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 andphysical tests to be administered by the PNP or by any NAPOLCOM accreditedgovernment hospital for the purpose of determining physical and mentalhealth;"
d) Must possess a formal baccalaureate degree from a recognizedinstitution of learning;"
e) Must be eligible in accordance with the standards set bythe Commission;"
f) Must not have been dishonorably discharged from militaryemployment or dismissed for cause from any civilian position in theGovernment;"
g) Must not have been convicted by final judgment of anoffense or crime involving moral turpitude;"
h) Must be at least one meter and sixty-two centimeters (1.62m.) in height for male and one meter and fifty-seven centimeters (1.57 m.) forfemale;
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, theabove-enumerated qualifications shall be continuing in character and an absenceof any one of them at any given time shall be a ground for separation orretirement from the service:
Provided, That PNP members who are already in the serviceupon the effectivity of this Act shall be given at least two (2) more years toobtain the minimum educational qualification and one (1) year to satisfy the weightrequirement."
For the purpose of determining compliance with therequirements on physical and mental health, as well as the non-use ofprohibited drugs, the PNP by itself or through a NAPOLCOM accredited governmenthospital shall conduct regular psychiatric, psychological drug and physicaltests randomly and without notice."
After the lapse of the time period for the satisfaction of aspecific requirement, current members of the PNP who will fail to satisfy anyof the requirements enumerated under this Section shall be separated from theservice if they are below fifty (50) years of age and have served in Governmentfor 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) yearswithout prejudice in either case to the payment of benefits they maybe entitledto under existing laws."
Section 15.Waivers forInitial Appointments to the PNP.– The age, height, weight, and educationalrequirements for initial appointment to the PNP may be waived only when thenumber 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 weightrequirement shall be given reasonable time but not exceeding six (6) monthswithin which to comply with the said requirement: Provided, furthermore, Thatonly applicants who have finished second year college or have earned at leastseventy-two (72) collegiate units leading to a bachelor's degree shall beeligible for appointment: Provided, furthermore, That anybody who will enterthe service without a baccalaureate degree shall be given a maximum of four (4)years to obtain the required educational qualification: Provided, finally, Thata waiver for height requirement shall be automatically granted to applicantsbelonging to the cultural communities.
Section 16.SelectionCriteria Under the Waiver Program.– The selection of applicants under theWaiver Program shall be subject to the following minimum criteria:
a) Applicants who possess the least disqualification shalltake 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 toaddress other situations arising from the waiver of the entry requirements.
Section 17.Nature ofAppointment Under a Waiver Program.– Any PNP uniformed personnel who isadmitted due to the waiver of the educational or weight requirements shall beissued a temporary appointment pending the satisfaction of the requirementwaived. Any member who will fail to satisfy any of the waived requirementswithin the specified time periods under Section 13 of this Act shall bedismissed from the service.
Section 18.Re-applicationof Dismissed PNP Members Under a Waiver Program.– Any PNP member who shallbe dismissed under a waiver program shall be eligible to re-apply forappointment to the PNP: Provided, That he or she possesses the minimum qualificationsunder Section 14 of this Act and his or her reappointment is not by virtue ofanother waiver program.
Section 19.The FieldTraining Program.– All uniformed members of the PNP shall undergo a FieldTraining Program for twelve (12) months involving actual experience andassignment in patrol, traffic, and investigation as a requirement forpermanency of their appointment.
Section 20.IncreasedQualifications for Provincial Directors.– No person may be appointedDirector of a Provincial Police Office unless:
a) he or she holds a master's degree in publicadministration, sociology, criminology, criminal justice, law enforcement,national security administration, defense studies, or other related disciplinefrom a recognized institution of learning; and
b) Has satisfactorily passed the required training and careercourses necessary for the position as may be established by the Commission. AnyPNP personnel who is currently occupying the position but lacks any of the qualificationsmentioned above shall be given three (3) years upon the effectivity of this Actto comply with the requirements; otherwise he or she shall be relieved from theposition.
Section 21. Section 32 of Republic Act No. 6975is herebyamended to read as follows:"SEC. 32. Examinationsof Policemen. – The National Police Commission shall administer theentrance and promotional examinations for policemen on the basis of thestandards set by the Commission."
Section 22. Section 34of Republic Act No. 6975is hereby amended to read as follows:"SEC. 34. Qualifications of Chief of City andMunicipal Police Stations. – No person shall be appointed chief of a citypolice station unless he/she is a graduate of Bachelor of Laws or has finishedall the required courses of a master's degree program in public administration,criminology, criminal justice, law enforcement, national securityadministration, defense studies, and other related disciplines from a recognizedinstitution of learning. No person shall be appointed chief of a municipalpolice station unless he or she has finished at least second year Bachelor ofLaws or has earned at least twelve (12) units in a master's degree program inpublic administration, criminology, criminal justice, law enforcement, nationalsecurity administration, and other related disciplines from a recognizedinstitution of learning: Provided, That members of the Bar with at least five(5) years of law practice, licensed criminologists or graduates of thePhilippine National Police Academy and who possess the general qualificationsfor initial appointment to the PNP shall be qualified for appointment as chiefof a city or municipal police station: Provided, further, That the appointee hassuccessfully passed the required field training program and has complied withother requirements as may be established by the Commission: Provided,furthermore, That the chief of police shall be appointed in accordance with theprovisions of Section 51,paragraph (b), subparagraph 4(i) of this Act."
Section 23.QualificationsUpgrading Program.– The Commission shall design and establish aqualifications upgrading program for the Philippine National Police officers andmembers in coordination with the Civil Service Commission, and the Commissionon Higher Education through a distance education program and/or an in-serviceeducation program or other similar programs within ninety (90) days from the effectivityof this Act.
C. ATTRITION SYSTEMFOR UNIFORMED PERSONNELSection 24. AttritionSystem.– There shall be established a system of attrition within theuniformed members of the PNP within one (1) year from the effectivity of thisAct to be submitted by the PNP to the Commission for approval. Such attritionsystem shall include butis not limited to the provisions of the followingsections.
Section 25. Attritionby Attainment of Maximum Tenure in Position.– The maximum tenure of PNPmembers holding key positions is hereby prescribed as follows:
POSITION MAXIMUM TENUREChief four (4) yearsDeputy Chief four (4)yearsDirector of the Staff Services four (4) yearsRegional Directors six(6) yearsProvincial/City Directors nine (9) yearsOther positions higher than Provincial Director shall havethe maximum tenure of six (6) years.Unless earlier separated, retired or promoted to a higher position inaccordance with the PNP
Staffing Pattern, police officers holding the above-mentionedpositions shall be compulsorily retired at the maximum tenure in positionherein prescribed, or at age fifty-six (56), whichever is earlier: Provided,That in times of war or other national emergency declared by Congress, thePresident may extend the PNP Chief's tour of duty: Provided, further, That PNPmembers who have already reached their maximum tenure upon the effectivity ofthis Act may be allowed one (1) year more of tenure in their positions before themaximum tenure provided in this Section shall be applied to them, unless theyshall have already reached the compulsory retirement age of fifty-six (56), inwhich 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 reachingthe compulsory retirement age shall be promoted to a higher rank or appointed toany other position.
Section 26. Attritionby Relief.– A PNP uniformed personnel who has been relieved for just causeand has not been given an assignment within two (2) years after such reliefshall be retired or separated.
Section 27. Attritionby Demotion in Position or Rank.– Any PNP personnel, civilian or uniformed,who is relieved and assigned to a position lower than what is established forhis or her grade in the PNP staffing pattern and who shall not be assigned to aposition commensurate to his or her grade within eighteen (18) months aftersuch demotion in position shall be retired or separated.
Section 28. Attritionby Non-promotion.– Any PNP personnel who has not been promoted for acontinuous period of ten (10) years shall be retired or separated.
Section 29. Attritionby Other Means.– A PNP member or officer with at least five (5) years ofaccumulated active service shall be separated based on any of the followingfactors:
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 policefunctions and duties; or
d) Failure to pass the required entrance examinations twiceand/or finish the required career courses except for justifiable reasons.
Section 30.Retirementor Separation Under the Preceding Sections.– Any personnel who is dismissedfrom the PNP pursuant to Sections 25, 26, 27, 28 and 29 hereof shall be retiredif he
or she has rendered at least twenty (20) years of service andseparated if he or she has rendered less than twenty (20) years of serviceunless the personnel is disqualified by law to receive such benefits.
D. PROMOTION SYSTEMSection 31.RationalizedPromotion System.– Within six (6) months after the effectivity of this Act,the Commission shall establish a system of promotion for uniformed andnon-uniformed personnel of the PNP which shall be based on merits and on theavailability of vacant positions in the PNP staffing pattern. Such system shallbe gender fair and shall ensure that women members of the PNP shall enjoy equalopportunity for promotion as that of men
.Section 32.Promotionby Virtue of Position.– Any PNP personnel designated to any key positionwhose rank is lower than that which is required for such position shall, aftersix (6)months of occupying the same, be entitled to a rank adjustmentcorresponding to the position: Provided, That the personnel shall not bereassigned to a position calling for a higher rank until after two (2) yearsfrom the date of such rank adjustment: Provided, further, That any personneldesignated to the position who does not possess the established minimumqualifications therefore shall occupy the same temporarily for not more thansix (6)months without reappointment or extension.
Section 33. Section 38 (a) and (b) of Republic Act No. 6975ishereby amended to read as follows:"SEC. 38. Promotions. – (a) A uniformed member of the PNP shall not beeligible for promotion to a higher position or rank unless he or she hassuccessfully passed the corresponding promotional examination given by the Commission,or the Bar, or the corresponding board examinations for technical services andother professions, has satisfactorily completed the appropriate and accreditedcourse in the PNPA or equivalent training institutions, and has satisfactorilypassed the required psychiatric/psychological and drug tests. In addition, nouniformed member of the PNP shall be eligible for promotion during the pendencyof his or her administrative and/or criminal case or unless he or she has beencleared by the People's Law Enforcement Board (PLEB) and the Office of theOmbudsman of any complaints proffered against him or her, if any."
(b) Any uniformed member of the PNP who has exhibited acts ofconspicuous courage and gallantry at the risk of his/her life above and beyond thecall of duty, shall be promoted to the next higher rank: Provided, That suchacts shall be validated by the Commission based on established criteria."
E. UPGRADING OFSALARIES AND BENEFITSSection 34. Section 75of the same Act is hereby amended toread as follows:"SEC. 75. RetirementBenefits. – Monthly retirement pay shall be fifty percent (50%) of the base pay and longevity pay of theretired grade in case of twenty (20) years of active service, increasing by twoand one-half percent (2.5%) for every year of active service rendered beyondtwenty (20) years to a maximum of ninety percent (90%) for thirty-six (36)years of active service and over: Provided, That, the uniformed personnel shallhave the option to receive in advance and in lump sum his retirement pay forthe first five (5) years: Provided, further, That payment of the retirementbenefits in lump sum shall be made within six (6) months from effectivity dateof retirement and/or completion: Provided, finally, That retirement pay of theofficers/non-officers of the PNP shall be subject to adjustments based on theprevailing scale of base pay of police personnel in the active service."
Section 35. Section 73of the same Act is hereby amended toread as follows:"SEC. 73. PermanentPhysical Disability. – An officer or non-officer who is permanently andtotally disabled as a result of injuries suffered or sickness contracted in theperformance of his duty as duly certified by the National Police Commission,upon finding and certification by the appropriate medical officer, that theextent of the disability or sickness renders such member unfit or unable tofurther perform the duties of his position, shall be entitled to one year'ssalary and to lifetime pension equivalent to eighty percent (80%) of his lastsalary, in addition to other benefits as provided under existinglaws."Should such member who has been retired under permanent totaldisability under this section die within five (5) years from his retirement,his surviving legal spouse or if there be none, the surviving dependentlegitimate children shall be entitled to the pension for the remainder of thefive (5) years guaranteed period."
Section 36. Section 36 of Republic Act No. 6975is herebyamended to read as follows:"SEC. 36. Statusof Members of the Philippine National Police. – The uniformed members ofthe PNP shall be considered employees of the National Government and shall drawtheir salaries therefrom. They shall have the same salary grade level as thatof public school teachers: Provided, that PNP members assigned in MetropolitanManila, chartered cities and first class municipalities may be paid financialincentive by the local government unit concerned subject to the availability offunds."
Section 37.Early RetirementProgram.– Within three (3) years after the effectivity of this Act, any PNPofficer or non-commissioned officer may retire and be paid separation benefitscorresponding to a position two (2) ranks higher than his or her present ranksubject to the following conditions:
a) that at the time he or she applies for retirement, he orshe has already rendered at least ten (10) years of continuous governmentservice;
b) The applicant is not scheduled for separation orretirement from the service due to the attrition system or separation forcause;
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 servicebefore reaching the compulsory retirement age and at least a year before his orher maximum tenure in position.
Section 38.Rationalizationof Retirement and Separation Benefits.– The Commission shall formulate arationalized 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 favorof PNP members and officers retired or separated from the time specified in thelaw, unless the retirement or separation is for cause and the decision deniesthe grant of benefits.
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