ra 8551 and 6975

8/10/2019 ra 8551 and 6975

1/64

Republic Act No. 8551 February 25, 1998

AN ACT PROVIDIN FOR T!" R"FOR# AND R"OR ANI$ATION OF T!"

P!I%IPPIN" NATIONA% PO%IC" AND FOR OT!"R P&RPO'"', A#"NDINC"RTAIN PROVI'ION' OF R"P&(%IC ACT N("R"D 'I)T*+NIN"!&NDR"D AND '"V"NT*+FIV" "NTIT%"D, AN ACT "'TA(%I'!IN T!"P!I%IPPIN" NATIONA% PO%IC" &ND"R A R"+OR ANI$"D D"PART#"NTOF T!" INT"RIOR AND %OCA% OV"RN#"NT, AND FOR OT!"RP&RPO'"'

Be it enacted by the Senate and House of Representatives of the Philippines inCongress assembled: :

TIT%" I

TIT%" AND D"C%ARATION OF PO%IC*

'ectio- 1. Title. This Act shall be known as the "Philippine National PoliceReform and Reorganization Act of 199 "!

'ectio- 2. Declaration of Policy and Principles. t is hereb# declared thepolic# of the $tate to establish a highl# efficient and competent police force whichis national in scope and ci%ilian in character administered and controlled b# anational police commission!

The Philippine National Police &PNP' shall be a comm(nit# and ser%ice oriented

agenc# responsible for the maintenance of peace and order and p(blic safet#!The PNP shall be so organized to ens(re acco(ntabilit# and (prightness in policee)ercise of discretion as well as to achie%e efficienc# and effecti%eness of itsmembers and (nits in the performance of their f(nctions!

TIT%" IIT!" RO%" OF T!" PNP IN CO&NT"R+IN'&R "NC* F&NCTION'

'ectio- . $ection 1* of Rep(blic Act No! +9,- is hereb# amended to read asfollows:

"$./! 1*! Relationship of the 0epartment with the 0epartment of National0efense! The 0epartment of the nterior and ocal 2o%ernment shall berelie%ed of the primar# responsibilit# on matters in%ol%ing the s(ppressionof ins(rgenc# and other serio(s threats to national sec(rit#! The PhilippineNational Police shall3 thro(gh information gathering and performance of itsordinar# police f(nctions3 s(pport the Armed 4orces of the Philippines on
http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s12http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s12

8/10/2019 ra 8551 and 6975

2/64

matters in%ol%ing s(ppression of ins(rgenc#3 e)cept in cases where thePresident shall call on the PNP to s(pport the A4P in combat operations!

" n times of national emergenc#3 the PNP3 the 5(rea( of 4ire Protection3and the 5(rea( of 6ail 7anagement and Penolog# shall3 (pon the

direction of the President3 assist the armed forces in meeting the nationalemergenc#!"

TIT%" IIIT!" NATIONA% PO%IC" CO##I''ION

'ectio- /. $ection 18 of Rep(blic Act No! +9,- is hereb# amended to read asfollows:

"$./! 18! /reation and /omposition! A National Police /ommission3hereinafter referred to as the /ommission3 is hereb# created for the

p(rpose of effecti%el# discharging the f(nctions prescribed in the/onstit(tion and pro%ided in this Act! The /ommission shall be an agenc#attached to the 0epartment for polic# and program coordination! t shall becomposed of a /hairperson3 fo(r & ' reg(lar /ommissioners3 and the/hief of PNP as e) officio member! Three &8' of the reg(lar commissioners shall come from the ci%ilian sector who are neither acti%enor former members of the police or militar#3 one &1' of whom shall bedesignated as %ice chairperson b# the President! The fo(rth reg(lar commissioner shall come from the law enforcement sector either acti%e or retired: Pro%ided3 That an acti%e member of a law enforcement agenc#shall be considered resigned from said agenc# once appointed to the

/ommission: Pro%ided3 f(rther3 That at least one &1' of the /ommissionersshall be a woman! The $ecretar# of the 0epartment shall be the e) officio/hairperson of the /ommission3 while the ;ice /hairperson shall act asthe e)ec(ti%e officer of the /ommission!"

'ectio- 5. $ection 1 of Rep(blic Act No! +9,- is hereb# amended to read asfollows:

"$./! 1 ! Powers and 4(nctions of the /ommission! The /ommissionshall e)ercise the following powers and f(nctions:

"&a' .)ercise administrati%e control and operational s(per%isiono%er the Philippine National Police which shall mean the power to:

"1' 0e%elop policies and prom(lgate a police man(alprescribing r(les and reg(lations for efficient organization3administration3 and operation3 incl(ding criteria for manpower allocation3 distrib(tion and deplo#ment3recr(itment3 selection3 promotion3 and retirement of
http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s13http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s14http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s13http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s14

8/10/2019 ra 8551 and 6975

3/64

personnel and the cond(ct of (risdiction thro(gh the regional

appellate boards o%er administrati%e cases againstpolicemen and o%er decisions on claims for police benefits=

" ' Prescribe minim(m standards for arms3 e

8/10/2019 ra 8551 and 6975

4/64

crime sit(ation3 and thereafter form(late appropriateg(idelines for ma)imization of reso(rces and effecti%e(tilization of the PNP personnel=

"11' 7onitor the performance of the local chief e)ec(ti%es as

dep(ties of the /ommission= and

"1*' 7onitor and in%estigate police anomalies andirreg(larities!

"b' Ad%ise the President on all matters in%ol%ing police f(nctionsand administration=

"c' Render to the President and to the /ongress an ann(al reporton its acti%ities and accomplishments d(ring the thirt# &8 ' da#safter the end of the calendar #ear3 which shall incl(de an appraisal

of the conditions obtaining in the organization and administration of police agencies in the m(nicipalities3 cities and pro%incesthro(gho(t the co(ntr#3 and recommendations for appropriateremedial legislation=

"d' Recommend to the President3 thro(gh the $ecretar#3 within si)t#&+ ' da#s before the commencement of each calendar #ear3 acrime pre%ention program= and

"e' Perform s(ch other f(nctions necessar# to carr# o(t thepro%isions of this Act and as the President ma# direct!"

'ectio- 0. $ection 1- of Rep(blic Act No! +9,- is hereb# amended to read asfollows:

"$./! 1-! B(alifications! No person shall be appointed reg(lar member of the /ommission (nless:

"&a' ?e or she is a citizen of the Philippines=

"&b' A member of the Philippine 5ar with at least fi%e &-' #earse)perience in handling criminal or h(man rights cases or a holder

of a masterCs degree b(t preferabl# a doctorate degree in p(blicadministration3 sociolog#3 criminolog#3 criminal >(stice3 lawenforcement3 and other related disciplines= and

"&c' The reg(lar member coming from the law enforcement sector sho(ld ha%e practical e)perience in law enforcement work for atleast fi%e &-' #ears while the three &8' other reg(lar commissionersm(st ha%e done e)tensi%e research work or pro>ects on law

8/10/2019 ra 8551 and 6975

5/64

enforcement3 criminolog# or criminal >(stice or members of a d(l#registered non go%ernment organization in%ol%ed in the promotionof peace and order!"

'ectio- . $ection 1+ of Rep(blic Act No! +9,- is hereb# amended to read as

follows:

"$./! 1+! Term of Dffice! The fo(r & ' reg(lar and f(ll time/ommissioners shall be appointed b# the President for a term of si) &+'#ears witho(t re appointment or e)tension!"

'ectio- 8. Expiration of the Terms of ffice of Current Commissioners! Eponthe effecti%it# of this Act the terms of office of the c(rrent /ommissioners aredeemed e)pired which shall constit(te a bar to their reappointment or ane)tension of their terms in the /ommission e)cept for c(rrent /ommissionerswho ha%e ser%ed less than two &*' #ears of their terms of office who ma# be

appointed b# the President for a ma)im(m term of two &*' #ears!'ectio- 9. $ection 1, of Rep(blic Act No! +9,- is hereb# amended to read asfollows:

"$./! 1,! Temporar# or Permanent ncapacit# of the /hairperson! ncase of absence d(e to the temporar# incapacit# of the chairperson3 the;ice chair shall ser%e as /hairperson (ntil the /hairperson is present or regains capacit# to ser%e! n case of death or permanent incapacit# or disects and
http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s16http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s17http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s20http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s16http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s17http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s20

8/10/2019 ra 8551 and 6975

6/64

internal operations= and shall cond(ct thoro(gh research andanal#sis on social and economic conditions affecting peaceand order in the co(ntr#=

"&*' The egal Affairs $er%ice3 which shall pro%ide the

/ommission with efficient and effecti%e ser%ice as legalco(nsel of the /ommission= draft or st(d# contracts affectingthe /ommission and s(bmit appropriate recommendationspertaining thereto= and render legal opinions arising from theadministration and operation of the Philippine National Policeand the /ommission=

"&8' The /rime Pre%ention and /oordination $er%ice3 whichshall (ndertake criminological researches and st(dies=form(late a national crime pre%ention plan= de%elop a crimepre%ention and information program and pro%ide editorial

direction for all criminolog# research and crime pre%entionp(blications=

"& ' The Personnel and Administrati%e $er%ice3 which shallperform personnel f(nctions for the /ommission3 administer the entrance and promotional e)aminations for policemen3pro%ide the necessar# ser%ices relating to records3correspondence3 s(pplies3 propert# and e

8/10/2019 ra 8551 and 6975

7/64

"&,' The 4inancial $er%ice3 which shall pro%ide the/ommission with staff ad%ice and assistance on b(dgetar#and financial matters3 incl(ding the o%erseeing of theprocessing and disb(rsement of f(nds pertaining to thescholarship program and s(r%i%ing children of deceased

andFor permanentl# incapacitated PNP personnel!

"&c' 0isciplinar# Appellate 5oards The /ommission shall establisha formal administrati%e disciplinar# appellate machiner# consistingof the National Appellate 5oard and the regional appellate boards!

"The National Appellate 5oard shall decide cases on appeal fromdecisions rendered b# the PNP chief3 while the regional appellate boardsshall decide cases on appeal from decisions rendered b# officers other than the PNP chief3 the ma#or3 and the PeopleCs aw .nforcement 5oard&P .5' created here(nder!"

'ectio- 11. $ection ** of Rep(blic Act No! +9,- is hereb# amended to read asfollows:

"$./! **! B(alifications of Regional 0irectors! No person shall be appointedregional director (nless:

"&a' ?e or she is a citizen of the Philippines= and

"&b' A holder of a masterCs degree and appropriate ci%il ser%ice eligibilit#!"

'ectio- 12. Qualifications Upgrading Program. The /ommission shalldesign and establish a

8/10/2019 ra 8551 and 6975

8/64

reorganization plan of the PNP not later than 0ecember 813 199 3 s(b>ect to thelimitations pro%ided (nder this Act and based on the following criteria: a'increased police %isibilit# thro(gh dispersal of personnel from the head(dgment of an offense or crime in%ol%ing moral t(rpit(de=

"h' 7(st be at least one meter and si)t# two centimeters &1!+* m!'in height for male and one meter and fift# se%en centimeters &1!-,m!' for female=

8/10/2019 ra 8551 and 6975

9/64

"i' 7(st weigh not more or less than fi%e kilograms &- kgs!' from thestandard weight corresponding to his or her height3 age3 and se)=and

">' 4or a new applicant3 m(st not be less than twent# one &*1' nor

more than thirt# &8 ' #ears of age: e)cept for the last

8/10/2019 ra 8551 and 6975

10/64

'ectio- 10. "election Criteria Under the Wai er Program. The selection of applicants (nder the @ai%er Program shall be s(b>ect to the following minim(mcriteria:

a' Applicants who possess the least dis

8/10/2019 ra 8551 and 6975

11/64

'ectio- 21. $ection 8* of Rep(blic Act No! +9,- is hereb# amended to read asfollows:

"$./! 8*! .)aminations of Policemen! The National Police /ommissionshall administer the entrance and promotional e)aminations for policemen

on the basis of the standards set b# the /ommission!"


"$./! 8 ! B(alifications of /hief of /it# and 7(nicipal Police $tations! No person shall be appointed chief of a cit# police station (nless heFshe isa grad(ate of 5achelor of aws or has finished all the re(stice3 law enforcement3 national sec(rit# administration3 defense st(dies3and other related disciplines from a recognized instit(tion of learning! No

person shall be appointed chief of a m(nicipal police station (nless he or she has finished at least second #ear 5achelor of aws or has earned atleast twel%e &1*' (nits in a masterCs degree program in p(blicadministration3 criminolog#3 criminal >(stice3 law enforcement3 nationalsec(rit# administration3 and other related disciplines from a recognizedinstit(tion of learning: Pro%ided3 That members of the 5ar with at least fi%e&-' #ears of law practice3 licensed criminologists or grad(ates of thePhilippine National Police Academ# and who possess the general

8/10/2019 ra 8551 and 6975

12/64

'ectio- 25. Attrition %y Attainment of $a'imum Tenure in Position. Thema)im(m ten(re of PNP members holding ke# positions is hereb# prescribed asfollows:

PD$ T DN 7AG 7E7 T.NER.

/hief fo(r & ' #ears

0ep(t# /hief fo(r & ' #ears

0irector of the $taff $er%ices fo(r & ' #ears

Regional 0irectors si) &+' #ears

Pro%incialF/it# 0irectors nine &9' #ears

Dther positions higher than Pro%incial 0irector shall ha%e the ma)im(m ten(re of si) &+' #ears! Enless earlier separated3 retired or promoted to a higher position inaccordance with the PNP $taffing Pattern3 police officers holding the abo%ementioned positions shall be comp(lsoril# retired at the ma)im(m ten(re inposition herein prescribed3 or at age fift# si) &-+'3 whiche%er is earlier: Pro%ided3That in times of war or other national emergenc# declared b# /ongress3 thePresident ma# e)tend the PNP /hiefCs to(r of d(t#: Pro%ided3 f(rther3 That PNPmembers who ha%e alread# reached their ma)im(m ten(re (pon the effecti%it# of this Act ma# be allowed one &1' #ear more of ten(re in their positions before thema)im(m ten(re pro%ided in this $ection shall be applied to them3 (nless the#shall ha%e alread# reached the comp(lsor# retirement age of fift# si) &-+'3 inwhich case the comp(lsor# retirement age shall pre%ail!

.)cept for the /hief3 PNP3 no PNP member who has less than one &1' #ear of ser%ice before reaching the comp(lsor# retirement age shall be promoted to ahigher rank or appointed to an# other position!

'ectio- 20. Attrition %y Relief. A PNP (niformed personnel who has beenrelie%ed for >(st ca(se and has not been gi%en an assignment within two &*'#ears after s(ch relief shall be retired or separated!

'ectio- 2 . Attrition %y Demotion in Position or Ran(. An# PNP personnel3ci%ilian or (niformed3 who is relie%ed and assigned to a position lower than whatis established for his or her grade in the PNP staffing pattern and who shall notbe assigned to a position commens(rate to his or her grade within eighteen &1 'months after s(ch demotion in position shall be retired or separated!

'ectio- 28. Attrition %y Non#promotion. An# PNP personnel who has notbeen promoted for a contin(o(s period of ten &1 ' #ears shall be retired or separated!

8/10/2019 ra 8551 and 6975

13/64

'ectio- 29. Attrition %y )ther $eans. A PNP member or officer with at leastfi%e &-' #ears of acc(m(lated acti%e ser%ice shall be separated based on an# of the following factors:

a' inefficienc# based on poor performance d(ring the last two &*'

s(ccessi%e ann(al rating periods=

b' inefficienc# based on poor performance for three &8' c(m(lati%e ann(alrating periods=

c' ph#sical andFor mental incapacit# to perform police f(nctions andd(ties= or

d' fail(re to pass the re

8/10/2019 ra 8551 and 6975

14/64

s(ccessf(ll# passed the corresponding promotional e)amination gi%en b#the /ommission3 or the 5ar3 or the corresponding board e)aminations for technical ser%ices and other professions3 has satisfactoril# completed theappropriate and accredited co(rse in the PNPA or e

8/10/2019 ra 8551 and 6975

15/64

be entitled to one #earCs salar# and to lifetime pension e

8/10/2019 ra 8551 and 6975

16/64

TIT%" VINT"RNA% AFFAIR' '"RVIC"

'ectio- 9. Creation- Po ers- and &unctions. An nternal Affairs $er%ice& A$' of the PNP is hereb# created which shall:

a' pro acti%el# cond(ct inspections and a(dits on PNP personnel and(nits=

b' in%estigate complaints and gather e%idence in s(pport of an openin%estigation=

c' cond(ct s(mmar# hearings on PNP members facing administrati%echarges=

d' s(bmit a periodic report on the assessment3 anal#sis3 and e%al(ation of

the character and beha%ior of PNP personnel and (nits to the /hief PNPand the /ommission=

e' file appropriate criminal cases against PNP members before the co(rtas e%idence warrants and assist in the prosec(tion of the case=

f' pro%ide assistance to the Dffice of the Dmb(dsman in cases in%ol%ingthe personnel of the PNP!

The A$ shall also cond(ct3 mot( proprio3 a(tomatic in%estigation of the followingcases:

a' incidents where a police personnel discharges a firearm=

b' incidents where death3 serio(s ph#sical in>(r#3 or an# %iolation of h(manrights occ(rred in the cond(ct of a police operation=

c' incidents where e%idence was compromised3 tampered with3obliterated3 or lost while in the c(stod# of police personnel=

d' incidents where a s(spect in the c(stod# of the police was serio(sl#in>(red= and

e' incidents where the established r(les of engagement ha%e been%iolated!

4inall#3 the A$ shall pro%ide doc(ments or recommendations as regards to thepromotion of the members of the PNP or the assignment of PNP personnel toan# ke# position!

8/10/2019 ra 8551 and 6975

17/64

'ectio- / . )rganization. National3 regional3 and pro%incial offices of thenternal Affairs shall be established! nternal Affairs $er%ice shall be headed b#

an nspector 2eneral who shall be assisted b# a 0ep(t# nspector 2eneral! Thearea offices shall be headed b# a 0irector while the pro%incial offices shall beheaded b# a $(perintendent: Pro%ided3 That the head of the nternal Affairs

$er%ice shall be a ci%ilian who shall meet the oins the A$ ma# not thereafter >oin an# other (nit of the PNP! Neither shall an# personnel of the A$ be allowedto sit in a committee deliberating on the appointment3 promotion3 or assignmentof an# PNP personnel!

'ectio- /0. Career De elopment and !ncenti es. &1' Personnel of thenternal Affairs $er%ice shall in addition to other allowances a(thorized (nder e)isting laws be granted occ(pational specialt# pa# which shall not e)ceed fift#percent &- H' of their basic pa#! This pa# shall not be considered a forfeit(re of other rem(neration and allowances which are allowed (nder e)isting laws!

&*' A$ members shall also ha%e priorities in the

8/10/2019 ra 8551 and 6975

18/64

'ectio- / . Records $anagement of the !A". ocal nternal Affairs Dfficesshall be responsible for the maintenance and (pdate of the records of themembers of the PNP within their >(risdiction!

@hen a PNP personnel is reassigned or transferred to another location or (nit

o(tside the >(risdiction of the c(rrent nternal Affairs Dffice3 the original records of s(ch personnel shall be transferred o%er to the nternal Affairs Dffice that willac(risdiction o%er the transferred personnel while copies will be retained b#the former nternal Affairs Dffice! n cases where a PNP personnel has beenrelie%ed of hisFher position and has not been gi%en an assignment3 the nternal

Affairs Dffice where the person has been assigned last shall contin(e to ha%e >(risdiction o%er his or her records (ntil s(ch time that the officer or member shallha%e been gi%en a new assignment where the records will be forwarded to the

nternal Affairs Dffice ac(risdiction o%er the PNP personnel!

'ectio- /8. !nclusion of "uper isors and "uperiors in !A" !n estigations.

The immediate s(perior or s(per%isor of the personnel or (nits being in%estigated(nder the preceding section shall be a(tomaticall# incl(ded in the in%estigation of the A to e)cl(si%el# determine lapses in administration or s(per%ision!

'ectio- /9. Disciplinary Recommendations of the !A". &a' An# (niformedPNP personnel fo(nd g(ilt# of an# of the cases mentioned in $ection 89 of this

Act and an# immediate s(perior or s(per%isor fo(nd negligent (nder $ection shall be recommended a(tomaticall# for dismissal or demotion3 as the case ma#be!

&b' Recommendations b# the A$ for the imposition of disciplinar#

meas(res against an erring PNP personnel3 once final3 cannot be re%ised3set aside3 or (nd(l# dela#ed b# an# disciplining a(thorit# witho(t >(stca(se! An# disciplining a(thorit# who fails to act or who acts with ab(se of discretion on the recommendation of the A$ shall be made liable for gross neglect of d(t#! The case of erring disciplinar# a(thorit# shall bes(bmitted to the 0irector 2eneral for proper disposition!

'ectio- 5 . Appeals. 0ecisions rendered b# the pro%incial inspectors shall beforwarded to the area internal affairs office for re%iew within ten &1 ' working da#s(pon the receipt thereof! 0ecisions of the area office ma# be appealed to thenational office thro(gh the Dffice of nspector 2eneral! 0ecisions rendered b# the

National A$ shall be appealed to the National Appellate 5oard or to the co(rt asma# be appropriate: Pro%ided3 That the s(mmar# dismissal powers of the0irector 2eneral and Regional 0irectors as pro%ided in $ection * of Rep(blic

Act No! +9,- shall remain %alid: Pro%ided3 f(rther3 That the e)isting >(risdictiono%er offenses as pro%ided (nder Rep(blic Act No! +9,- shall not be affected!

8/10/2019 ra 8551 and 6975

19/64

'ectio- 51. Complaints Against the !A". A complaint against an# personnelor office of A$ shall be bro(ght to the nspector 2eneralCs Dffice or to the/ommission as ma# be appropriate!

TIT%" VI

DI'CIP%INAR* #"C!ANI'#'


"$./! 1&a'! /itizenCs /omplaints! An# complaint b# a nat(ral or >(ridicalperson against an# member of the PNP shall be bro(ght before thefollowing:

"&1' /hiefs of Police3 where the offense is p(nishable b#withholding of pri%ileges3 restriction to specified limits3 s(spension

or forfeit(re of salar#3 or an# combination thereof3 for a period note)ceeding fifteen &1-' da#s=

"&*' 7a#ors of cities and m(nicipalities3 where the offense isp(nishable b# withholding of pri%ileges3 restriction to specifiedlimits3 s(spension or forfeit(re of salar#3 or an# combination thereof3for a period of not less than si)teen &1+' da#s b(t not e)ceedingthirt# &8 ' da#s=

"&8' PeopleCs aw .nforcement 5oard3 as created (nder $ection 8hereof3 where the offense is p(nishable b# withholding of pri%ileges3

restriction to specified limits3 s(spension or forfeit(re of salar#3 or an# combination thereof3 for a period e)ceeding thirt# &8 ' da#s= or b# dismissal!

"The /ommission shall pro%ide in its implementing r(les and reg(lations ascale of penalties to be imposed (pon an# member of the PNP (nder this$ection!

"&b' nternal 0iscipline! Dn dealing with minor offenses in%ol%ing internaldiscipline fo(nd to ha%e been committed b# an# reg(lar member of their respecti%e commands3 the d(l# designated s(per%isors and e

8/10/2019 ra 8551 and 6975

20/64

Pro%ided3 That3 in all cases3 the total period shall not e)ceed fifteen&1-' da#s=

"&*' Pro%incial directors or e(risdiction as regards theoffense: Pro%ided3 That offenses which carr# higher penalties referred to adisciplining a(thorit# shall be referred to the appropriate a(thorit# whichhas >(risdiction o%er the offense!

"4or p(rposes of this Act3 a Cminor offenseC shall refer to an# act or omission not in%ol%ing moral t(rpit(de3 b(t affecting the internal disciplineof the PNP3 and shall incl(de3 b(t not limited to:

"&1' $imple miscond(ct or negligence="&*' ns(bordination=

"&8' 4re

8/10/2019 ra 8551 and 6975

21/64

8/10/2019 ra 8551 and 6975

22/64

"&c' @hen the respondent is g(ilt# of a serio(s offense in%ol%ingcond(ct (nbecoming of a police officer!

"An# member or officer of the PNP who shall go on absence witho(tofficial lea%e &A@D ' for a contin(o(s period of thirt# &8 ' da#s or more

shall be dismissed immediatel# from the ser%ice! ?is acti%ities andwhereabo(ts d(ring the period shall be in%estigated and if fo(nd to ha%ecommitted a crime3 he shall be prosec(ted accordingl#!"

'ectio- 5/. $ection of Rep(blic Act No! +9,- is hereb# amended to read asfollows:

"$./! ! 0isciplinar# Appellate 5oards! The formal administrati%edisciplinar# machiner# of the PNP shall be the National Appellate 5oardand the regional appellate boards!

"The National Appellate 5oard shall be composed of the fo(r & ' reg(lar commissioners and shall be chaired b# the e)ec(ti%e officer! The 5oardshall consider appeals from decisions of the /hief of the PNP!

"The National Appellate 5oard ma# cond(ct its hearings or sessions in7etropolitan 7anila or an# part of the co(ntr# as it ma# deem necessar#!

"There shall be at least one &1' regional appellate board per administrati%eregion in the co(ntr# to be composed of a senior officer of the regional/ommission as /hairman and one &1' representati%e each from the PNP3and the regional peace and order co(ncil as members! t shall consider

appeals from decisions of the regional directors3 other officials3 ma#ors3and the P .5s: Pro%ided3 That the /ommission ma# create additionalregional appellate boards as the need arises!"

'ectio- 55. $ection , of Rep(blic Act No! +9,- is hereb# amended to read asfollows:

"$ec! ,! Pre%enti%e $(spension Pending /riminal /ase! Epon the filingof a complaint or information s(fficient in form and s(bstance against amember of the PNP for gra%e felonies where the penalt# imposed b# lawis si) &+' #ears and one &1' da# or more3 the co(rt shall immediatel#

s(spend the acc(sed from office for a period not e)ceeding ninet# &9 'da#s from arraignment: Pro%ided3 howe%er3 That if it can be shown b#e%idence that the acc(sed is harassing the complainant andFor witnesses3the co(rt ma# order the pre%enti%e s(spension of the acc(sed PNPmember e%en if the charge is p(nishable b# a penalt# lower than si) &+'#ears and one &1' da#: Pro%ided3 f(rther3 That the pre%enti%e s(spensionshall not be more than ninet# &9 ' da#s e)cept if the dela# in thedisposition of the case is d(e to the fa(lt3 negligence or petitions of the
http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s44http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s47http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s44http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html#s47

8/10/2019 ra 8551 and 6975

23/64

8/10/2019 ra 8551 and 6975

24/64

8/10/2019 ra 8551 and 6975

25/64

"& ' Dther Powers! n addition to the aforementioned powers3 cit# andm(nicipal ma#ors shall ha%e the following a(thorit# o%er the PNP (nits intheir respecti%e >(risdictions:

"&i' A(thorit# to choose the chief of police from a list of fi%e &-'

eligibles recommended b# the pro%incial police director3 preferabl#from the same pro%ince3 cit# or m(nicipalit#: Pro%ided3 howe%er3That in no case shall an officer in charge be designated for morethan thirt# &8 ' da#s: Pro%ided3 f(rther3 That the local peace andorder co(ncil ma#3 thro(gh the cit# or m(nicipal ma#or3 recommendthe recall or reassignment of the chief of police when3 in itsperception3 the latter has been ineffecti%e in combating crime or maintaining peace and order in the cit# or m(nicipalit#: Pro%ided3finall#3 That s(ch relief shall be based on g(idelines established b#the NAPD /D7=

"&ii' A(thorit# to recommend to the pro%incial director the transfer3reassignment or detail of PNP members o(tside of their respecti%ecit# or town residences= and

"&iii' A(thorit# to recommend from a list of eligibles pre%io(sl#screened b# the peace and order co(ncil the appointment of newmembers of the PNP to be assigned to their respecti%e cities or m(nicipalities witho(t which no s(ch appointments shall beattested: Pro%ided3 That whene%er practicable and consistent withthe re

8/10/2019 ra 8551 and 6975

26/64

"&a' 4re

8/10/2019 ra 8551 and 6975

27/64

"The /hairman of the P .5 shall be elected from among its members!The term of office of the members of the P .5 shall be for a period of three &8' #ears from ass(mption of office! $(ch member shall hold office(ntil his s(ccessor shall ha%e been chosen and

8/10/2019 ra 8551 and 6975

28/64

TIT%" )TRAN'ITOR* PROVI'ION'

'ectio- 2. Transition. The pro%isions on the reorganization and theci%ilianization of the PNP and the de%ol(tion of police capabilities to the local

police forces shall be effected within three &8' #ears after the effecti%it# of this Act!

TIT%" )IFINA% PROVI'ION'

'ectio- . Rules and Regulations. Enless otherwise pro%ided in this Act3 the/ommission in coordination with the Philippine National Police and the0epartment of the nterior and ocal 2o%ernment3 shall prom(lgate r(les andreg(lations for the effecti%e implementation of this Act! $(ch r(les andreg(lations shall take effect (pon their p(blication in three &8' newspapers of

general circ(lation!'ectio- /. Appropriations. The amo(nt necessar# to carr# o(t thepro%isions of this Act is hereb# a(thorized to be appropriated in the 2eneral

Appropriations Act of the #ear following its enactment into law and thereafter!

'ectio- 5. Repealing Clause. All laws3 presidential decrees3 letters of instr(ctions3 e)ec(ti%e orders3 r(les and reg(lations insofar as the# areinconsistent with this Act3 are hereb# repealed or amended as the case ma# be!

'ectio- 0. "epara%ility Clause. n case an# pro%ision of this Act or an#

portion thereof is declared (nconstit(tional b# a competent co(rt3 other pro%isions shall not be affected thereb#!

'ectio- . +ffecti ity Clause. This Act shall take effect after its completep(blication in at least three &8' newspapers of general circ(lation!

Appro%ed: February 25, 1998

8/10/2019 ra 8551 and 6975

29/64

Republic Act No. 09 5 Dece7ber 1 , 199

AN ACT "'TA(%I'!IN T!" P!I%IPPIN" NATIONA% PO%IC" &ND"R AR"OR ANI$"D D"PART#"NT OF T!" INT"RIOR AND %OCA%

OV"RN#"NT, AND FOR OT!"R P&RPO'"'

Be it enacted by the Senate and House of Representatives of the Philippines inCongress assembled: :

'ectio- 1. Title of the Act . This Act shall be known as the Department of the !nterior and 0ocal /o ernment Act of 2334 .

'ectio- 2. Declaration of Policy . t is hereb# declared to be the polic# of the$tate to promote peace and order3 ens(re p(blic safet# and f(rther strengthen

local go%ernment capabilit# aimed towards the effecti%e deli%er# of the basicser%ices to the citizenr# thro(gh the establishment of a highl# efficient andcompetent police force that is national in scope and ci%ilian in character! Towardsthis end3 the $tate shall bolster a s#stem of coordination and cooperation amongthe citizenr#3 local e)ec(ti%es and the integrated law enforcement and p(blicsafet# agencies created (nder this Act!

The police force shall be organized3 trained and e

8/10/2019 ra 8551 and 6975

30/64

f(nctions of the 0epartment of ocal 2o%ernment in addition to the powers andf(nctions as herein pro%ided!

'ectio- 0. )rganization . The 0epartment shall consist of the 0epartmentProper3 the e)isting b(rea(s and offices of the 0epartment of ocal 2o%ernment3

the National Police /ommission3 the Philippine P(blic $afet# /ollege3 and thefollowing b(rea(s: the Philippine National Police3 the 5(rea( of 4ire Protection3and the 5(rea( of 6ail 7anagement and Penolog#!

'ectio- . Department Proper . The 0epartment Proper shall consist of thee)isting staff ser%ices as pro%ided for (nder .)ec(ti%e Drder No! *+* and thefollowing offices:

&a' Dffice of the $ecretar#! The office of the $ecretar# shall consist of the$ecretar# and his immediate staff= and

&b' Dffice of the Endersecretaries and Assistant $ecretaries! The$ecretar# shall be assisted b# two &*' Endersecretaries3 one &1' for localgo%ernment and the other for peace and order3 at least one &1' of whomm(st belong to the career e)ec(ti%e ser%ice3 and three &8' career Assistant$ecretaries!

'ectio- 8. 5ead of Department . The head of the 0epartment! The head of the 0epartment3 hereinafter referred to as the $ecretar#3 shall also be the e)officio /hairman of the National Police /ommission and shall be appointed b#the President s(b>ect to confirmation of the /ommission on Appointments! Noretired or resigned militar# officer or police official ma# be appointed as $ecretar#

within one &1' #ear from the date of his retirement or resignation!'ectio- 9. /eneral Po ers- Term of )ffice and Compensation of the"ecretary . The a(thorit# and responsibilit# for the e)ercise of the 0epartmentCspowers and f(nctions shall be %ested in the $ecretar#3 who shall hold office at thepleas(re of the President and shall recei%e the compensation3 allowances andother emol(ments to which heads of departments are entitled!

'ectio- 1 . "pecific Po ers and &unctions of the "ecretary . n addition tohis powers and f(nctions as pro%ided in .)ec(ti%e Drder No! *+*3 the $ecretar#as 0epartment head shall ha%e the following powers and f(nctions:

&a' Prepare and s(bmit periodic reports3 incl(ding a B(arterl# Anti /rimeDperations Report and s(ch other reports as the President and /ongressma# re

8/10/2019 ra 8551 and 6975

31/64

&c' 0elegate a(thorit# to e)ercise an# s(bstanti%e or administrati%ef(nction to the members of the National Police /ommission or other officers of rank within the 0epartment!

'ectio- 11. Regional )ffices . The 0epartment shall establish3 operate and

maintain a regional office in each of the administrati%e regions of the co(ntr# toimplement the policies and programs of the 0epartment! .ach regional officeshall be headed b# a regional director to be assisted b# two &*' assistant regionaldirectors: one &1' for >ail management and penolog# and another for fireprotection in addition to the present assistant regional directors of the0epartment of ocal 2o%ernment!

'ectio- 12. Relationship of the Department ith the Department of National Defense . 0(ring a period of twent# fo(r &* ' months from the effecti%it# of this

Act3 the Armed 4orces of the Philippines &A4P' shall contin(e its present role of preser%ing the internal and e)ternal sec(rit# of the $tate: Pro%ided3 That said

period ma# be e)tended b# the President3 if he finds it >(stifiable3 for another period not e)ceeding twent# fo(r &* ' months3 after which3 the 0epartment shalla(tomaticall# take o%er from the A4P the primar# role of preser%ing internalsec(rit#3 lea%ing to the A4P its primar# role of preser%ing e)ternal sec(rit#!?owe%er3 e%en after the 0epartment has ass(med primar# responsibilit# onmatters affecting internal sec(rit#3 incl(ding the s(ppression of ins(rgenc#3 andthere are serio(s threats to national sec(rit# and p(blic order3 s(ch as whereins(rgents ha%e gained considerable foothold in the comm(nit# thereb#necessitating the emplo#ment of bigger tactical forces and the (tilization of higher caliber armaments and better armored %ehicles3 the President ma#3 (ponrecommendation of the peace and order co(ncil3 call (pon the Armed 4orces of

the Philippines to ass(me the primar# role and the Philippine National Police&PNP' to pla# the s(pporti%e role in the area concerned!

n times of national emergenc#3 all elements of the PNP3 the 5(rea( of 4ireProtection3 and the 5(rea( of 6ail 7anagement and Penolog# shall3 (pondirection of the President3 assist the Armed 4orces of the Philippines in meetingthe national emergenc#!

The complementar# relationship between the 0epartment of the nterior andocal 2o%ernment and the 0epartment of National 0efense in an# of the

preceding e%ent(alities shall be >ointl# prescribed b# their respecti%e $ecretariesin a memorand(m of agreement that shall thereafter be p(blished andimplemented!

C!APT"R IIT!" NATIONA% PO%IC" CO##I''ION

'ectio- 1 . Creation and Composition . A National Police /ommission3hereinafter referred to as the /ommission3 is hereb# created for the p(rpose of

8/10/2019 ra 8551 and 6975

32/64

effecti%el# discharging the f(nctions prescribed in the /onstit(tion and pro%idedin this Act! The /ommission shall be a collegial bod# within the 0epartment! tshall be composed of a /hairman and fo(r & ' reg(lar commissioners3 one &1' of whom shall be designated as ;ice /hairman b# the President! The $ecretar# of the 0epartment shall be the e) officio /hairman of the /ommission3 while the

;ice /hairman shall act as the e)ec(ti%e officer of the /ommission!

'ectio- 1/. Po ers and &unctions of the Commission . The /ommissionshall e)ercise the following powers and f(nctions:

&a' .)ercise administrati%e control o%er the Philippine National Police=

&b' Ad%ise the President on all matters in%ol%ing police f(nctions andadministration=

&c' 4oster and de%elop policies and prom(lgate r(les and reg(lations3

standards and proced(res to impro%e police ser%ices based on so(ndprofessional concepts and principles=

&d' .)amine and a(dit3 and thereafter establish the standards for s(chp(rposes on a contin(ing basis3 the performance3 acti%ities3 and facilitiesof all police agencies thro(gho(t the co(ntr#=

&e' Prepare a police man(al prescribing r(les and reg(lations for efficientorganization3 administration3 and operation3 incl(ding recr(itment3selection3 promotion and retirement=

&f' .stablish a s#stem of (niform crime reporting=&g' /ond(ct s(r%e#s and compile statistical data for the proper e%al(ationof the efficienc# and effecti%eness of all police (nits in the co(ntr#=

&h' Render to the President and to /ongress an ann(al report on itsacti%ities and accomplishments d(ring the thirt# &8 ' da#s after the end of the calendar #ear3 which shall incl(de an appraisal of the conditionsobtaining in the organization and administration of police agencies in them(nicipalities3 cities and pro%inces thro(gho(t the co(ntr#3 andrecommendations for appropriate remedial legislation=

&i' Appro%e or modif# plans and programs on ed(cation and training3logistical re' Affirm3 re%erse or modif#3 thro(gh the National Appellate 5oard3personnel disciplinar# actions in%ol%ing demotion or dismissal from the

8/10/2019 ra 8551 and 6975

33/64

ser%ice imposed (pon members of the Philippine National Police b# the/hief of the Philippine National Police=

&k' .)ercise appellate >(risdiction thro(gh the regional appellate boardso%er administrati%e cases against policemen and o%er decisions on claims

for police benefits=

&l' Recommend to the President3 thro(gh the $ecretar#3 within si)t# &+ 'da#s before the commencement of each calendar #ear3 a crimepre%ention=

&m' Prescribe minim(m standards for arms3 e

8/10/2019 ra 8551 and 6975

34/64

incapacit# or dis

8/10/2019 ra 8551 and 6975

35/64

& ' The Administrati%e $er%ice3 which shall pro%ide the /ommissionwith assistance on b(dgetar# and financial matters= pro%ide thenecessar# ser%ices relating to records3 correspondence3 s(pplies3propert# and e

8/10/2019 ra 8551 and 6975

36/64

&b' A holder of a baccala(reate degree and appropriate ci%il ser%iceeligibilit#= and

&c' ?as at least fi%e &-' #ears e)perience in the field of law enforcement3criminolog# or police administration!

C!APT"R III

A. T!" P!I%IPPIN" NATIONA% PO%IC" OR ANI$ATION

'ectio- 2 . Composition . $(b>ect to the limitations pro%ided for in this Act3 thePhilippine National Police3 hereinafter referred to as the PNP3 is hereb#established3 initiall# consisting of the members of the police forces who wereintegrated into the ntegrated National Police & NP' p(rs(ant to Presidential0ecree No! ,+-3 and the officers and enlisted personnel of the Philippine/onstab(lar# &P/'! 4or p(rposes of this Act3 the officers and enlisted personnel

of the P/ shall incl(de those assigned with the Narcotics /ommand &NAR/D7'or the /riminal n%estigation $er%ice &/ $'= and those of the technical ser%ices of the A4P assigned with the P/ and the ci%ilian operati%es of the / $! The reg(lar operati%es of the abolished NAPD /D7 nspection3 n%estigation and

ntelligence 5ranch ma# also be absorbed b# the PNP! n addition3 a P/ officer or enlisted personnel ma# transfer to an# of the branches or ser%ices of the Armed4orces of the Philippines in accordance with the pro%isions of $ection - of this

Act!

n order to be

8/10/2019 ra 8551 and 6975

37/64

&b' 7aintain peace and order and take all necessar# steps to ens(rep(blic safet#=

&c' n%estigate and pre%ent crimes3 effect the arrest of criminal offenders3bring offenders to >(stice and assist in their prosec(tion=

&d' .)ercise the general powers to make arrest3 search and seiz(re inaccordance with the /onstit(tion and pertinent laws=

&e' 0etain an arrested person for a period not be#ond what is prescribedb# law3 informing the person so detained of all his rights (nder the/onstit(tion=

&f' ss(e licenses for the possession of firearms and e)plosi%es inaccordance with law=

&g' $(per%ise and control the training and operations of sec(rit# agenciesand iss(e licenses to operate sec(rit# agencies3 and to sec(rit# g(ardsand pri%ate detecti%es3 for the practice of their professions= and

&h' Perform s(ch other d(ties and e)ercise all other f(nctions as ma# bepro%ided b# law!

n addition3 the PNP shall absorb the office of the National Action /ommittee on Anti ?i>acking &NA/A?' of the 0epartment of National 0efense3 all the f(nctionsof the present Philippine Air 4orce $ec(rit# /ommand &PA4$./D7'3 as well asthe police f(nctions of the /oast 2(ard! n order to perform its powers and

f(nctions efficientl# and effecti%el#3 the PNP shall be pro%ided with ade(dice to the pertinent pro%isions of the Drganic Act for the

A(tonomo(s Regions of the /ordilleras and 7(slim 7indanao relati%e to the

8/10/2019 ra 8551 and 6975

38/64

creation of a regional police force in the area of a(tonom#! .ach of these regionaloffices shall be headed b# a regional director for peace and order!

At the pro%incial le%el3 there shall be a PNP office3 each headed b# a pro%incialdirector! n the case of large pro%inces3 police districts ma# be established b# the

/ommission to be headed b# a district director!

At the cit# or m(nicipal le%el3 there shall be a PNP station3 each headed b# achief of police!

The /hief of the PNP shall3 within si)t# &+ ' da#s from the effecti%it# of this Actand in accordance with the broad g(idelines set forth herein3 recommend theorganizational str(ct(re and staffing pattern of the PNP to the /ommission!

'ectio- 20. Po ers- &unctions and term of )ffice of the PNP Chief . Thecommand and direction of the PNP shall be %ested in the /hief of the PNP who

shall ha%e the power to direct and control tactical as well as strategicmo%ements3 deplo#ment3 placement3 (tilization of the PNP or an# of its (nits andpersonnel3 incl(ding its eect to confirmation b# the /ommission on Appointments:Pro%ided3 That the /hief of the PNP shall ser%e a term of office not to e)ceedfo(r & ' #ears: Pro%ided3 f(rther3 That in times of war or other national emergenc#declared b# /ongress3 the President ma# e)tend s(ch term of office!

'ectio- 2 . $anning 0e els . Dn the a%erage nationwide3 the manning le%elsof the PNP shall be appro)imatel# in accordance with a police to pop(lation ratioof one &1' policeman for e%er# fi%e h(ndred &- ' persons! The act(al strength b#cities and m(nicipalities shall depend on the state of peace and order3 pop(lationdensit# and act(al demands of the ser%ice in the partic(lar area: Pro%ided3 Thatthe minim(m police to pop(lation ratio shall not be less than one &1' policeman

for e%er# one tho(sand &13 ' persons: Pro%ided3 f(rther3 That (rban areas shallha%e a higher minim(m police to pop(lation ratio as ma# be prescribed b#reg(lations!

'ectio- 28. Ran( Classification . 4or p(rposes of efficient administration3s(per%ision and control3 the rank classification of the members of the PNP shallbe as follows:

8/10/2019 ra 8551 and 6975

39/64

0irector 2eneral

0ep(t# 0irector 2eneral

0irector

/hief $(perintendent

$enior $(perintendent

$(perintendent

/hief nspector

$enior nspector

nspector

$enior Police Dfficer ;

$enior Police Dfficer



Police Dfficer

Police Dfficer

Police Dfficer

'ectio- 29. 6ey Positions . The head of the PNP with the rank director general shall ha%e the position title of /hief of the PNP! The second in commandof the PNP with the rank of dep(t# director general shall be the 0ep(t# /hief of the PNP for Administration! The third in command with the rank also of dep(t#director general shall be the 0ep(t# /hief of the PNP for Dperations!

At the national office3 the head of the directorial staff with the rank of dep(t#director general shall be known as /hief of the 0irectorial $taff of the PNP!

The heads of the %ario(s staff di%isions in the directorial staff shall ha%e the rankof director with the position title of 0irector of the 0irectorial $taff of their respecti%e f(nctional di%isions! The head of the nspectorate 0i%ision with therank of chief s(perintendent shall ass(me the position title of nspector 2eneral!

8/10/2019 ra 8551 and 6975

40/64

The heads of the administrati%e and operational s(pport di%isions shall ha%e therank of chief s(perintendent!

The head of the N/R with the rank of director shall ass(me the position title of N/R 0irector!

The heads of the regional offices with the rank of chief s(perintendent shallass(me the position title of Regional 0irector!

The heads of the N/R district offices with the rank of chief s(perintendent shallha%e the position title of 0istrict 0irector!

The heads of pro%incial offices with the rank of senior s(perintendent shall beknown as Pro%incial 0irector!

The heads of the district offices with the rank of s(perintendent shall ha%e the

position title of 0istrict 0irector!

The heads of the m(nicipalit# or cit# offices with the rank of chief inspector shallbe known as /hief of Police!

'ectio- . /eneral Qualifications for Appointment . No person shall beappointed as officer or member of the PNP (nless he possesses the followingminim(m (dgment of an offense or crimein%ol%ing moral t(rpit(de=

8/10/2019 ra 8551 and 6975

41/64

&h' 7(st be at least one meter and si)t# two centimeters &1!+* m!' inheight for male and one meter and fift# se%en centimeters &1!-, m!' for female=

&i' 7(st weight not more or less than fi%e kilograms &- kg!' of the standard

weight corresponding to his or her height3 age3 and se)= and

&>' 4or a new applicant3 m(st not be less than twent# one &*1' nor morethan thirt# &8 ' #ears of age!

'ectio- 1. Appointment of PNP )fficers and $em%ers . The appointmentof the officers and members of the PNP shall be effected in the following manner:

&a' Police Dfficer to $enior Police Dfficer ; ! Appointed b# the PNPregional director for regional personnel or b# the /hief of the PNP for thenational headect to confirmation b# the /ommission on Appointments= and

&d' 0irector 2eneral! Appointed b# the President from among the senior officers down to the rank of chief s(perintendent in the ser%ice3 s(b>ect toconfirmation b# the /ommission on Appointments: Pro%ided3 That the/hief of the PNP shall ser%e a to(r of d(t# not to e)ceed fo(r & ' #ears:Pro%ided3 f(rther3 That3 in times of war or other national emergenc#declared b# /ongress3 the President ma# e)tend s(ch to(r of d(t#!

'ectio- 2. +'aminations for Policemen . The /i%il $er%ice /ommission shalladminister the

8/10/2019 ra 8551 and 6975

42/64

criminologists ma# be appointed to the rank of inspector to fill (p an# %acanc#after promotions from the ranks are completed!

'ectio- /. Qualifications of Chief of City and $unicipal Police "tations . No person ma# be appointed chief of a cit# police station (nless he holds a

bachelorCs degree from a recognized instit(tion of learning or has ser%ed in thePhilippine /onstab(lar# or in the police department of an# cit# or m(nicipalit#with the rank of captain or its e

8/10/2019 ra 8551 and 6975

43/64

&*' ogistic Enit! ?eaded b# a 0irector with the rank of chief s(perintendent3 the ogistics Enit shall be responsible for theproc(rement3 distrib(tions and management of all the logisticalre

8/10/2019 ra 8551 and 6975

44/64

& ' /riminal n%estigation Enit! ?eaded b# a 0irector with the rankof chief s(perintendent3 the /riminal n%estigation Enit shall(ndertake the monitoring3 in%estigation and prosec(tion of allcrimes in%ol%ing economic sabotage3 and other crimes of s(chmagnit(de and e)tent as to indicate their commission b# highl#

placed or professional criminal s#ndicates and organizations!

This (nit shall likewise in%estigate all ma>or cases in%ol%ing%iolations of the Re%ised Penal /ode and operate againstorganized crime gro(ps3 (nless the President assigns the casee)cl(si%el# to the National 5(rea( of n%estigation &N5 '!

&-' $pecial Action 4orce! ?eaded b# a 0irector with the rank of chief s(perintendent3 the $pecial Action 4orce shall f(nction as amobile strike force or reaction (nit to a(gment regional3 pro%incial3m(nicipal and cit# police forces for ci%il dist(rbance control3

co(nterins(rgenc#3 hostage taking resc(e operations3 and other special operations!

&+' Narcotics Enit! ?eaded b# a 0irector with the rank of chief s(perintendent3 the Narcotics Enit shall enforce all laws relati%e tothe protection of the citizenr# against dangero(s and other prohibited dr(gs and s(bstances!

&,' A%iation $ec(rit# Enit! ?eaded b# a 0irector with the rank of chief s(perintendent3 the A%iation $ec(rit# Enit3 in coordination withairport a(thorities3 shall sec(re all the co(ntr#Cs airports against

offensi%e and terroristic acts that threaten ci%il a%iation3 e)erciseoperational control and s(per%ision o%er all agencies in%ol%ed inairport sec(rit# operation3 and enforce all laws and reg(lationsrelati%e to air tra%el protection and safet#!

& ' Traffic 7anagement Enit! ?eaded b# a 0irector with the rankof chief s(perintendent3 the Traffic 7anagement Enit shall enforcetraffic laws and reg(lations!

&9' 7edical and 0ental /enters! ?eaded b# a 0irector with therank of chief s(perintendent3 the 7edical and 0ental /enters shall

be responsible for pro%iding medical and dental ser%ices for thePNP!

&1 ' /i%il Relations Enits! ?eaded with a 0irector with the rank of chief s(perintendent3 the /i%il Relations Enit shall implement plansand programs that will promote comm(nit# and citizensCparticipation in the maintenance of peace and order and p(blicsafet#!

8/10/2019 ra 8551 and 6975

45/64

'ectio- 0. "tatus of $em%ers of the Philippine National Police . Themembers of the PNP shall be considered emplo#ees of the National 2o%ernmentand shall draw their salaries therefrom: Pro%ided3 That PNP members assignedin 7etropolitan 7anila3 chartered cities and first class m(nicipalities ma# be paidin additional monthl# allowance b# the local go%ernment (nit concerned!

(. PROF"''IONA%I'#, 4"%FAR" AND ("N"FIT'

'ectio- . Performance + aluation "ystem . There shall be established aperformance e%al(ation s#stem which shall be administered in accordance withthe r(les3 reg(lations and standards3 and a code of cond(ct prom(lgated b# the/ommission for members of the PNP! $(ch performance e%al(ation s#stem beadministered in s(ch a wa# as to foster the impro%ement of indi%id(al efficienc#and beha%ioral discipline as well as the promotion of organizational effecti%enessand respect for the constit(tional and h(man rights of citizens3 democraticprinciples and ideals and the s(premac# of ci%ilian a(thorit# o%er the militar#!

The rating s#stem as contemplated herein shall be based on standardsprescribed b# the /ommission and shall consider res(lts of ann(al ph#sical3ps#chological and ne(rops#chiatric e)aminations cond(cted on the PNP officer or member concerned!

'ectio- 8. Promotions . &a' A member of the PNP shall not be eligible for promotion to a higher position or rank (nless he has s(ccessf(ll# passed thecorresponding promotional e)amination gi%en b# the /ommission3 or the 5ar or corresponding board e)aminations for technical ser%ices and other professions3and has satisfactoril# completed an appropriate and accredited co(rse in the

PNP or e

8/10/2019 ra 8551 and 6975

46/64

C. AD#INI'TRATIV" DI'CIP%INAR* #AC!IN"R*

'ectio- /1. 7a8 Citizen9s Complaints . An# complaint b# an indi%id(al personagainst an# member of the PNP shall be bro(ght before the following:

&1' /hiefs of police3 where the offense is p(nishable b# withholdingof pri%ileges3 restriction to specified limits3 s(spension or forfeit(reof salar#3 or an# combination thereof for a period not e)ceedingfifteen &1-' da#s=

&*' 7a#ors of cities or m(nicipalities3 where the offense isp(nishable b# withholding of pri%ileges3 restriction to specifiedlimits3 s(spension or forfeit(re of salar#3 or an# combination thereof3for a period of not less than si)teen &1+' da#s b(t not e)ceedingthirt# &8 ' da#s=

&8' PeopleCs aw .nforcement 5oard3 as created (nder $ection 8hereof3 where the offense is p(nishable b# withholding of pri%ileges3restriction to specified limits3 s(spension of forfeit(re of salar#3 or an# combination thereof3 for a period e)ceeding thirt# &8 ' da#s= or b# dismissal!

The /ommission shall pro%ide in its implementing r(les and reg(lations ascale of penalties to be imposed (pon an# member of the PNP (nder thissection!

&b' nternal 0iscipline! n dealing with minor offenses in%ol%ing internal

discipline fo(nd to ha%e been committed b# an# reg(lar member of their respecti%e commands3 the d(l# designated s(per%isors and e

8/10/2019 ra 8551 and 6975

47/64

&8' Police regional directors or e(risdiction as regards theoffense: Pro%ided3 That offenses which carr# higher penalties referred to adisciplining a(thorit# shall be referred to the appropriate a(thorit# whichhas >(risdiction o%er the offense!

4or p(rposes of this Act3 a "minor offense" shall refer to an act or omission notin%ol%ing moral t(rpit(de3 b(t affecting the internal discipline of the PNP3 and shallincl(de3 b(t not limited to:

&1' $imple miscond(ct or negligence=

&*' ns(bordination=&8' 4re

8/10/2019 ra 8551 and 6975

48/64

&c' @hen the respondent is g(ilt# of cond(ct (nbecoming of a policeofficer!

'ectio- / . People9s 0a +nforcement ,oard 7P0+,8 . &a' /reation and4(nctions! @ithin thirt# &8 ' da#s from the iss(ance of the implementing r(les

and reg(lations b# the /ommission3 there shall be created b# the sangg(niangpanl(ngsodFba#an in e%er# cit# and m(nicipalit# s(ch n(mber of PeopleCs aw.nforcement 5oards &P .5s' as ma# be necessar#: Pro%ided3 That there shallbe at least one &1' P .5 for e%er# m(nicipalit# and for each of the legislati%edistricts in a cit#! The P .5 shall ha%e >(risdiction to hear and decide citizenCscomplaints or cases filed before it against erring officers and members of thePNP! There shall be at least one &1' P .5 for e%er# fi%e h(ndred &- ' cit# or m(nicipal police personnel!

&b' /omposition and Term of Dffice! The P .5 shall be composed of thefollowing:

&1' An# member of the sangg(niang panl(ngsodFba#an chosen b#his respecti%e sangg(nian=

&*' An# baranga# captain of the cit# or m(nicipalit# concernedchosen b# the association of baranga# captains= and

&8' Three &8' other members who shall be chosen b# the peace andorder co(ncil from among the respected members of thecomm(nit# known for their probit# and integrit#3 one &1' of whomm(st be a member of the 5ar or3 in the absence thereof3 a college

grad(ate3 or the principal of the central elementar# school in thelocalit#!

The /hairman of the P .5 shall be elected from among its members! Theterm of office of the members of the P .5 shall be for a period of two &*'#ears from ass(mption of office! $(ch member shall hold office (ntil hiss(ccessor shall ha%e been chosen and

8/10/2019 ra 8551 and 6975

49/64

&8' The proced(res in the P .5 shall be s(mmar# in nat(re3cond(cted in accordance with d(e process3 b(t witho(t strict regardto technical r(les of e%idence!

& ' The /ommission shall iss(e the necessar# implementing

g(idelines and proced(res to be adopted b# the P .53 incl(dinggrad(ated penalties which ma# be imposed b# the P .5!

&-' The /ommission ma# assign the present NAPD /D7 hearingofficers to act as legal cons(ltants of the P .5s and pro%ide3whene%er necessar#3 legal ser%ices3 assistance and ad%ise to theP .5s in hearing and deciding cases against officers and membersof the PNP3 especiall# those in%ol%ing diffic(lt

8/10/2019 ra 8551 and 6975

50/64

in%ol%ing demotion or dismissal ma# be appealed to the National Appellate 5oardwithin ten &1 ' da#s from receipt thereof: Pro%ided3 f(rthermore3 That the regionalor National Appellate 5oard3 as the case ma# be3 shall decide the appeal withinsi)t# &+ ' da#s from receipt of the notice of appeal: Pro%ided3 finall#3 That fail(reof the regional appellate board to act on the appeal within said period shall

render the decision final and e)ec(tor# witho(t pre>(dice3 howe%er3 to the filing of an appeal b# either part# with the $ecretar#!

'ectio- /0. :urisdiction in Criminal Cases . An# pro%ision of law to thecontrar# notwithstanding3 criminal cases in%ol%ing PNP members shall within thee)cl(si%e >(risdiction of the reg(lar co(rts: Pro%ided3 That the co(rts martialappointed p(rs(ant to Presidential 0ecree No! 1 - shall contin(e to tr# P/ NPmembers who ha%e alread# been arraigned3 to incl(de appropriate actionsthereon b# the re%iewing a(thorities p(rs(ant to /ommonwealth Act No! 3otherwise known as the Articles of @ar3 as amended3 and .)ec(ti%e Drder No!1, 3 otherwise known as the 7an(al for /o(rts 7artial: Pro%ided3 f(rther3 That

criminal cases against P/ NP members who ma# ha%e not #et been arraigned(pon the effecti%it# of this Act shall be transferred to the proper cit# or pro%incialprosec(tor or m(nicipal trial co(rt >(dge!

'ectio- / . Pre enti e "uspension Pending Criminal Case . Epon the filingof a complaint or information s(fficient in form and s(bstance against a member of the PNP for gra%e felonies where the penalt# imposed b# law is si) &+' #earsand one &1' da# or more3 the co(rt shall immediatel# s(spend the acc(sed fromoffice (ntil the case is terminated! $(ch case shall be s(b>ect to contin(o(s trialand shall be terminated within ninet# &9 ' da#s from arraignment of the acc(sed!

'ectio- /8. +ntitlement to Reinstatement and "alary . A member of the PNPwho ma# ha%e been s(spended from office in accordance with the pro%isions of this Act or who shall ha%e been terminated or separated from office shall3 (ponac

8/10/2019 ra 8551 and 6975

51/64

8/10/2019 ra 8551 and 6975

52/64

riots3 lawless %iolence3 rebellio(s seditio(s conspirac#3 ins(rgenc#3s(b%ersion or other related acti%ities!

"0eplo#" shall mean the orderl# organized ph#sical mo%ement of elements or (nits of the PNP within the pro%ince3 cit# or m(nicipalit#

for p(rposes of emplo#ment as herein defined!

&*' ntegrated /omm(nit# $afet# Plans! The m(nicipalFcit# ma#or shall3 in coordination with the local peace and order co(ncil of which he is the chairman p(rs(ant to .)ec(ti%e Drder No! 8 93 asamended3 de%elop and establish an integrated areaFcomm(nit#p(blic safet# plan embracing priorities of action and programthr(sts for implementation b# the local PNP stations!

t shall3 likewise3 be the d(t# of the cit# or m(nicipal ma#or tosponsor periodic seminars for members of the PNP assigned or

detailed in his cit# or m(nicipalit# in order to (pdate them regardinglocal ordinances and legislations!

&8' Administrati%e 0isciplinar# Powers! n the areas of discipline3cit# and m(nicipal ma#ors shall ha%e the powers to impose3 after d(e notice and s(mmar# hearings3 disciplinar# penalties for minor offenses committed b# members of the PNP assigned to their respecti%e >(risdictions3 as pro%ided in $ection 1 of this Act!

& ' Dther Powers! n addition to the aforementioned powers3 cit#and m(nicipal ma#ors shall ha%e the following a(thorit# o%er the

PNP (nits in their respecti%e >(risdictions:&i' A(thorit# to choose the chief of police from a list of fi%e &-'eligibles recommended b# the pro%incial police director3preferabl# from the same pro%ince3 cit# or m(nicipalit#!

&ii' A(thorit# to recommend the transfer3 reassignment or detail of PNP members o(tside of their respecti%e cit# or town residences= and

&iii' A(thorit# to recommend3 from a list of eligibles pre%io(sl#

screened b# the peace and order co(ncil3 the appointment of new members of the PNP to be assigned to their respecti%ecities or m(nicipalities witho(t which no s(ch appointmentshall be attested!

'ectio- 52. "uspension of )perational "uper ision and Control . ThePresident ma#3 (pon cons(ltation with the pro%incial go%ernor and congressmanconcerned3 s(spend the power of operational s(per%ision and control of an# local

8/10/2019 ra 8551 and 6975

53/64

e)ec(ti%e o%er police (nits assigned or stationed in his >(risdiction for an# of thefollowing gro(nds:

&a' 4re

8/10/2019 ra 8551 and 6975

54/64

8/10/2019 ra 8551 and 6975

55/64

$enior 4ire Dfficer

$enior 4ire Dfficer

$enior 4ire Dfficer

4ire Dfficer

4ire Dfficer

4ire Dfficer

'ectio- 59. 6ey Positions . The head of the 4ire 5(rea( with the rank of director shall ha%e the position title of /hief of the 4ire 5(rea(! ?e shall beassisted b# a dep(t# chief with the rank of chief s(perintendent!

The assistant heads of the 0epartmentCs regional offices with the rank of senior s(perintendent shall ass(me the position title of Assistant Regional 0irector for 4ire Protection as pro%ided in $ection 11 of this Act= the heads of the N/R districtoffices with the rank of senior s(perintendent shall ha%e the position title of 0istrict 4ire 7arshall= the heads of the pro%incial offices with the rank of s(perintendent shall be known as Pro%incial 4ire 7arshall= the heads of thedistrict offices with the rank of chief inspector shall ha%e the position title of 0istrict 4ire 7arshall= and the heads of the m(nicipal or cit# stations with the rankof senior inspector shall be known as /hief of 7(nicipalF/it# 4ire $tation!

C!APT"R V

(&R"A& OF AI% #ANA "#"NT AND P"NO%O *'ectio- 0 . Composition . The 5(rea( of 6ail 7anagement and Penolog#3hereinafter referred to as the 6ail 5(rea(3 is hereb# created initiall# consisting of officers and (niformed members of the 6ail 7anagement and Penolog# $er%iceas constit(ted (nder Presidential 0ecree No! ,+-!

'ectio- 01. Po ers and &unctions . The 6ail 5(rea( shall e)ercises(per%ision and control o%er all cit# and m(nicipal >ails! The pro%incial >ails shallbe s(per%ised and controlled b# the pro%incial go%ernment within its >(risdiction3whose e)penses shall be s(bsidized b# the National 2o%ernment for not more

than three &8' #ears after the effecti%it# of this Act!'ectio- 02. )rganization . The 6ail 5(rea( shall be headed b# a /hief whoshall be assisted b# a dep(t# chief!

The >ail 5(rea( shall composed of cit# and m(nicipal >ails3 each headed b# a cit#or m(nicipal >ail warden: Pro%ided3 That3 in the case of large cities and

8/10/2019 ra 8551 and 6975

56/64

m(nicipalities3 a district >ail with s(bordinate >ails headed b# a district >ail wardenma# be established as necessar#!

The /hief of the 6ail 5(rea( shall recommended to the $ecretar# theorganizational str(ct(re and staffing pattern of the 5(rea( as well as the

disciplinar# machiner# for officers and men of the 5(rea( in accordance with theg(idelines set forth herein and as prescribed in $ection - of this Act!

'ectio- 0 . +sta%lishment of District- City or $unicipal :ail . There shall beestablished and maintained in e%er# district3 cit# and m(nicipalit# a sec(red3clean ade(stice3 or person detainedawaiting in%estigation or trial andFor transfer to the national penitentiar#3 andFor %iolent mentall# ill person who endangers himself or the safet# of others3 d(l#certified as s(ch b# the proper medical or health officer3 pending the transfer to amedical instit(tion!

The m(nicipal or cit# >ail ser%ice shall preferabl# be headed b# a grad(ate of afo(r & ' #ear co(rse in ps#cholog#3 ps#chiatr#3 sociolog#3 n(rsing3 social work or criminolog# who shall assist in the immediate rehabilitation of indi%id(als or detention of prisoners! 2reat care m(st be e)ercised so that the h(man rights of this prisoners are respected and protected3 and their spirit(al and ph#sical wellbeing are properl# and promptl# attended to!

'ectio- 0/. Ran( Classification . 4or p(rpose of efficient administration3s(per%ision and control3 the rank classification of the members of the 6ail 5(rea(shall be as follows:

0irector

/hief $(perintendent

$enior $(perintendent

$(perintendent

/hief nspector

$enior nspector nspector

$enior 6ail Dfficer ;

$enior 6ail Dfficer

8/10/2019 ra 8551 and 6975

57/64

$enior 6ail Dfficer

$enior 6ail Dfficer

6ail Dfficer

6ail Dfficer

6ail Dfficer

'ectio- 05. 6ey Positions . The head of the 6ail 5(rea( with the rank of director shall ha%e the position title of /hief of 6ail 5(rea(! ?e shall be assistedb# a dep(t# chief with the rank of chief s(perintendent!

The assistant heads of the 0epartmentCs regional offices with the rank of senior s(perintendent shall ass(me the position title of Assistant Regional 0irector of

6ail 7anagement and Penolog# as pro%ided b# $ection 1* of this Act= the headsof district offices with the rank of chief inspector shall ha%e the position title of 0istrict 6ail @arden= and the heads of the cit# or m(nicipal stations with the rankof senior inspector shall be known as /it#F7(nicipal 6ail @arden!

C!APT"R VIT!" P!I%IPPIN" P&(%IC 'AF"T* CO%%" "

'ectio- 00. Creation of the Philippine Pu%lic "afety College . There ishereb# created the Philippine P(blic $afet# /ollege &PP$/'3 which shall be thepremier ed(cational instit(tion for the training3 h(man reso(rce de%elopment and

contin(ing ed(cation of all personnel of the PNP3 4ire and 6ail 5(rea(s!$aid /ollege shall be (nder the direct s(per%ision of a 5oard of Tr(steescomposed of the $ecretar# and the three &8' b(rea( heads!

'ectio- 0 . Composition- Po ers and &unctions . The /ollege shall consistof the present Philippine National Police Academ# &PNPA' established p(rs(antto $ection 18 of Presidential 0ecree No! 11 3 the 4ire $er%ice Training /enter3the Philippine National Training /enter &PNT/'3 the National Police /ollege3 andother special training centers as ma# be created b# the 0epartment3 whosef(nctions shall be as follows:

&a' 4orm(late and implement training programs for the personnel of the0epartment=

&b' .stablish and maintain ade

8/10/2019 ra 8551 and 6975

58/64

&d' /ond(ct an assessment of the training needs of all its clientele= and

&e' Perform s(ch other related f(nctions as ma# be prescribed b# the$ecretar#!

'ectio- 08. )rganization . The str(ct(re and staffing pattern of the /ollegeshall be prescribed b# the $ecretar#!

C!APT"R VIICO##ON PROVI'ION' FOR &NIFOR#"D P"R'ONN"%

'ectio- 09. !ncenti es and A ards . There shall be established an incenti%esand awards s#stem which shall be administered b# a board (nder s(ch r(les3reg(lations and standards as ma# be prom(lgated b# the 0epartment: Pro%ided3That eail or other allied ser%ices to the integration of the P/ and the NP:Pro%ided3 That the totalit# of s(ch longe%it# pa# shall not e)ceed fift# percent&- H' of the basic pa#! The# shall also contin(e to en>o# the s(bsistenceallowance3

8/10/2019 ra 8551 and 6975

59/64

and PNP shall be credited for p(rposes of longe%it# pa#: Pro%ided3 finall#3 That3for cadet ser%ices3 the ma)im(m n(mber of ser%ice to be credited shall note)ceed the d(ration of the pre commissionship co(rse specified in thec(rric(l(m!

'ectio- . Permanent Physical Disa%ility . An officer or non officer who3ha%ing acc(m(lated at least twent# &* ' #ears of acti%e ser%ice3 inc(rs totalpermanent ph#sical disabilit# in line of d(t# shall be comp(lsoril# retired:Pro%ided3 That3 if he has acc(m(lated less than twent# &* ' #ears of acti%eser%ice3 he shall be separated from the ser%ice and be entitled to a separationpa# eect to attachment3 le%#3 e)ec(tion or an# ta) of whate%er nat(re!

'ectio- 8. Uniformed Personnel $issing in Action . An# (niformedpersonnel who while in the performance of d(t# or b# reason of his being anofficer or member of the PNP3 4ire or 6ail 4orce3 is officiall# confirmed missing inaction3 kidnapped or capt(red b# lawless elements shall3 while so absent3 beentitled to recei%e or to ha%e credited to his acco(nt the same pa# and

allowances to which s(ch officer or (niformed member was entitled at the time of the incident: Pro%ided3 That the comp(lsor# retirement of a person missing inaction shall be processed to allow the members of the ne)t of kin to en>o# theretirement benefits: Pro%ided3 f(rther3 That sho(ld the /hief of the PNP3 4ire or 6ail 4orce3 as the same ma# be3 (pon the recommendation of the proper a(thorit# andFor immediate s(per%isor3 s(bse

8/10/2019 ra 8551 and 6975

60/64

amo(nt and allowances recei%ed b# him in accordance with this section and thefollowing section!

'ectio- 9. Payment of "alary and Allo ances to the 5eirs of Uniformed Personnel . n case an# (niformed personnel has been officiall# confirmed as

missing in action (nder an# of the circ(mstances pro%ided in the precedingsection3 the /hief of the PNP3 4ire or 6ail 4orce3 as the case ma# be3 shall directpa#ment of the absent (niformed personnelCs monthl# salar# and allowances andother emol(ments pertinent thereto hisFher heirs for their s(pport for a ma)im(mperiod of one &1' #ear from the date of commencement of absent or when lastheard from as those kidnapped or capt(red b# lawless elements!

'ectio- 8 . &inding of Death and Termination of Payment of "alary and Allo ances . Epon the termination of the one &1' #ear period as specified in thepreceding section3 the missing (niformed personnel shall be a(tomaticall#terminated! n the e%ent said personnel shall thereafter be fo(nd to ha%e been

ali%e and is not entitled to the benefits paid (nder the preceding sections of this Act3 said benefits shall be reimb(rsed to the $tate within si) &+' months from thedisco%er# of the fact or his reappearance! ?owe%er3 if his contin(eddisappearance was fra(d(lent or made in bad faith he shall3 together with his coconspirators3 be prosec(ted according to law!

'ectio- 81. Complaints and /rie ances . Eniformed personnel shall ha%e theright to present complaints and grie%ances to their s(periors or commanders andha%e them heard and ad>(dicated as e)peditio(sl# as possible in the best interestof the ser%ice3 with d(e regard to d(e process in e%er# case! $(ch complaints or grie%ances shall be resol%ed at the lowest possible le%el in the (nit of command

and the respondent shall ha%e the right to appeal from an ad%erse decision tohigher a(thorities!

'ectio- 82. Prohi%itions; Penalties . As professional police3 fire and >ailofficers and members responsible for the maintenance of peace and order andp(blic safet#3 the members and officers of the PNP3 4ire or 6ail 4orce are hereb#prohibited from engaging in strikes3 rallies3 demonstrations and other similar concerted acti%ities3 or performing other acts pre>(dicial to good order and policediscipline!

An# PNP3 fire or 6ail 4orce member fo(nd g(ilt# b# final >(dgment of %iolating the

pro%isions of the preceding paragraph shall be dismissed from the ser%icewitho(t pre>(dice to whate%er criminal or ci%il liabilit# he ma# ha%e inc(rred inrelation to s(ch %iolations!

C!APT"R VIIITRAN'ITOR* PROVI'ION'

8/10/2019 ra 8551 and 6975

61/64

'ectio- 8 . "ecretary of the Department of 0ocal /o ernment on 5oldo er Capacity . The inc(mbent $ecretar# of the 0epartment of ocal 2o%ernmentshall perform the f(nctions of the $ecretar# of the nterior and ocal 2o%ernmenton holdo%er capacit# (ntil s(ch time when a new $ecretar# shall ha%e beenappointed b# the President and confirmed b# the /ommission on Appointments!

'ectio- 8/. "pecial ) ersight Committee . A special D%er sight /ommittee ishereb# created3 composed of the $ecretar# as /hairman3 the $ecretar# of 5(dget and 7anagement as /o chairman3 the $ecretar# of National defense3 theinc(mbent P/ NP 0irector 2eneral3 the inc(mbent /hairman of the /i%il $er%ice/ommission3 the respecti%e /hairmen of the /ommittee on ocal 2o%ernmentand the /ommittee on National 0efense and $ec(rit# in the $enate3 and therespecti%e /hairmen of the /ommittee on P(blic Drder and $ec(rit# and the/ommittee on National 0efense in the ?o(se of Representati%es3 as members3which shall plan and o%ersee the e)peditio(s implementation of the transfer3merger andFor absorption into the 0epartment of the personnel3 propert#3

appropriations and installations of in%ol%ed agencies!'ectio- 85. Phases of !mplementation . The implementation of this Act shallbe (ndertaken in three &8' phases3 to wit:

Phase .)ercise of option b# the (niformed members of the Philippine/onstab(lar#3 the P/ elements assigned with the Narcotics /ommand3/ $3 and the personnel of the technical ser%ices of the A4P assigned withthe P/ to incl(de the reg(lar / $ in%estigating agents and the operati%esand agents of the NAPD /D7 nspection3 n%estigation and ntelligence5ranch3 and the personnel of the absorbed National Action /ommittee on

Anti ?i>acking &NA/A?' of the 0epartment of National 0efense to becompleted within si) &+' months from the date of the effecti%it# of this Act! At the end of this phase3 all personnel from the NP3 P/= A4P Technical$er%ices3 NA/A? and NAPD /D7 nspection3 n%estigation and

ntelligence 5ranch shall ha%e been co%ered b# official orders assigningthem to the PNP3 4ire and 6ail 4orces b# their respecti%e (nits!

Phase Appro%al of the table of organization and e

8/10/2019 ra 8551 and 6975

62/64

effecti%it# of this Act3 retire and be paid retirement benefits correspondingto a position two &*' ranks higher than his present grade3 s(b>ect to theconditions that at the time he applies for retirement3 he has rendered atleast twent# &* ' #ears of ser%ice and still has3 at most3 twent# fo(r &* 'months of ser%ice remaining before the comp(lsor# retirement age as

pro%ided b# e)isting law for his office!

Phase Ad>(stment of ranks and establishment of one &1' lineal roster of officers and another for non officers3 and the rationalization of compensation and retirement s#stems= taking into consideration thee)isting compensation schemes and retirement and separation benefits#stems of the different components of the PNP3 to ens(re that nomember of the PNP shall s(ffer an# dimin(tion in basic longe%it# andincenti%e pa#s3 allowances and retirement benefits d(e there before thecreations of the PNP3 to be completed within eighteen &1 ' months fromthe effecti%it# of this Act! To accomplish the task of Phase 3 the

/ommission shall create a 5oard of officers composed of the following:NAPD /D7 /ommissioner as /hairman and one &1' representati%e eachfor the P/3 5(dget and 7anagement!

Epon the effecti%it# of this Act3 the $ecretar# shall e)ercise administrati%es(per%ision as well as operational control o%er the transferred3 mergedandFor absorbed A4P and NP (nits! The inc(mbent 0irector 2eneral of the P/ NP shall contin(e to act as 0irector 2eneral of the PNP (ntil s(chtime as he shall ha%e been replaced b# the President!

'ectio- 80. Assumption %y the PNP of Police &unctions . The PNP shall

absorb the f(nctions of the P/3 the NP and the Narcotics /ommand (pon theeffecti%it# of this Act!

All f(nctions of the PA4$./D7 and the police f(nctions of the /oast 2(ard shallbe taken o%er b# the PNP when it ac

8/10/2019 ra 8551 and 6975

63/64

incl(ding their respecti%e acco(ntabilities3 are hereb# transferred to the0epartment!

The transfer3 merger andFor absorption of an# go%ernment officeF(nit concernedshall incl(de the f(nctions3 appropriations3 f(nds3 records3 eoin the 0epartment or an# of the offices there(nder or shallbe allowed to retire (nder e)isting laws3 r(les and reg(lations! Dtherwise3 the#shall be deemed separated and paid grat(it# e

8/10/2019 ra 8551 and 6975

64/64

/onstab(lar#3 which is the n(cle(s of the integrated Philippine /onstab(lar#ntegrated National Police3 shall cease to be a ma>or ser%ice of the Armed 4orces

of the Philippines! The ntegrated National Police3 which is the ci%ilian componentof the Philippine /onstab(lar# ntegrated National Police3 shall cease to be thenational police force and in lie( thereof3 a new police force shall be established

and constit(ted p(rs(ant to this Act!

C!APT"R I)FINA% PROVI'ION'

'ectio- 91. Application of Ci il "er ice 0a s . The /i%il $er%ice aw and itsimplementing r(les and reg(lations shall appl# to all personnel of the0epartment!

'ectio- 92. &unding . 4or p(rpose of organizing and constit(ting the0epartment3 and for carr#ing o(t the pro%isions of this Act3 the appropriations of

the abolished3 transferred or reconstit(ted offices for the c(rrent fiscal #ear shallbe transferred to the 0epartment! Thereafter3 s(ch as ma# be necessar# to carr#o(t the pro%isions of this Act shall be incl(ded in the ann(al 2eneral

Appropriations Act!

'ectio- 9 . !mplementing Rules and Regulations . @ithin ninet# &9 ' da#sfrom his appointment3 the $ecretar# shall prom(lgate r(les and reg(lationsnecessar# to ens(re the effecti%e implementation of this Act!

'ectio- 9/. "epara%ility Clause . f an# portion or pro%ision of this Act isdeclared (nconstit(tional3 the same shall not effect the %alidit# and effecti%it# of

the other pro%isions not affected thereb#!'ectio- 95. Repealing Clause . All laws3 decrees3 e)ec(ti%e orders3 r(les andreg(lations3 and other iss(ances or parts thereof which are inconsistent with this

Act hereb# repealed3 amended or modified accordingl#!

The pro%isions of .)ec(ti%e Drder No! *+* shall remain %alid insofar as the# arenot inconsistent with the pro%isions of this Act!

'ectio- 90. +ffecti ity . This Act shall take effect after fifteen &1-' da#sfollowing its p(blication in two &*' national newspapers of general circ(lation!

Appro%ed: Dece7ber 1 , 199

ra 8551 and 6975

Documents

Transcript of ra 8551 and 6975