Republic Act No. 8551 February 25, 1998
AN ACT PROVIDING FOR THE REFORM AND REORGANIZATION OF THE PHILIPPINE NATIONAL POLICE AND FOR OTHER PURPOSES, AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NUMBERED SIXTY-NINE HUNDRED AND SEVENTY-FIVE ENTITLED, “AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A RE-ORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES”
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
TITLE I
TITLE AND DECLARATION OF POLICY
Section 1. Title. – This Act shall be known as the “Philippine National Police Reform and Reorganization Act of 1998”.
Section 2. Declaration of Policy and Principles. – It is hereby declared the policy of the State to establish a highly efficient and competent police force which is national in scope and civilian in character administered and controlled by a national police commission.
The Philippine National Police (PNP) shall be a community and service oriented agency responsible for the maintenance of peace and order and public safety.
The PNP shall be so organized to ensure accountability and uprightness in police exercise of discretion as well as to achieve efficiency and effectiveness of its members and units in the performance of their functions.
TITLE II
THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS
Section 3. Section 12 of Republic Act No. 6975 is hereby amended to read as follows:
“SEC. 12. Relationship of the Department with the Department of National Defense. – The Department of the Interior and Local Government shall be relieved of the primary responsibility on matters involving the suppression of insurgency and other serious threats to national security. The Philippine National Police shall, through information gathering and performance of its ordinary police functions, support the Armed Forces of the Philippines on matters involving suppression of insurgency, except in cases where the President shall call on the PNP to support the AFP in combat operations.
“In times of national emergency, the PNP, the Bureau of Fire Protection, and the Bureau of Jail Management and Penology shall, upon the direction of the President, assist the armed forces in meeting the national emergency.”
TITLE III
THE NATIONAL POLICE COMMISSION
Section 4. Section 13 of Republic Act No. 6975 is hereby amended to read as follows:
“SEC. 13. Creation and Composition. – A National Police Commission, hereinafter referred to as the Commission, is hereby created for the purpose of effectively discharging the functions prescribed in the Constitution and provided in this Act. The Commission shall be an agency attached to the Department for policy and program coordination. It shall be composed of a Chairperson, four (4) regular Commissioners, and the Chief of PNP as ex-officio member. Three (3) of the regular commissioners shall come from the civilian sector who are neither active nor former members of the police or military, one (1) of whom shall be designated as vice chairperson by the President. The fourth regular commissioner shall come from the law enforcement sector either active or retired: Provided, That an active member of a law enforcement agency shall be considered resigned from said agency once appointed to the Commission: Provided, further, That at least one (1) of the Commissioners shall be a woman. The Secretary of the Department shall be the ex-officio Chairperson of the Commission, while the Vice Chairperson shall act as the executive officer of the Commission.”
Section 5. Section 14 of Republic Act No. 6975 is hereby amended to read as follows:
“SEC. 14. Powers and Functions of the Commission. – The Commission shall exercise the following powers and functions:
“(a) Exercise administrative control and operational supervision over the Philippine National Police which shall mean the power to:
“1) Develop policies and promulgate a police manual prescribing rules and regulations for efficient organization, administration, and operation, including criteria for manpower allocation, distribution and deployment, recruitment, selection, promotion, and retirement of personnel and the conduct of qualifying entrance and promotional examinations for uniformed members;
“2) Examine and audit, and thereafter establish the standards for such purposes on a continuing basis, the performance, activities, and facilities of all police agencies throughout the country;
“3) Establish a system of uniform crime reporting;
“4) Conduct an annual self-report survey and compile statistical data for the accurate assessment of the crime situation and the proper evaluation of the efficiency and effectiveness of all police units in the country;
“5) Approve or modify plans and programs on education and training, logistical requirements, communications, records, information systems, crime laboratory, crime prevention and crime reporting;
“6) Affirm, reverse or modify, through the National Appellate Board, personnel disciplinary actions involving demotion or dismissal from the service imposed upon members of the Philippine National Police by the Chief of the Philippine National Police;
“7) Exercise appellate jurisdiction through the regional appellate boards over administrative cases against policemen and over decisions on claims for police benefits;
“8) Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the Philippine Heraldry Commission, for insignia of ranks, awards, and medals of honor. Within ninety (90) days from the effectivity of this Act, the standards of the uniformed personnel of the PNP must be revised which should be clearly distinct from the military and reflective of the civilian character of the police;
“9) Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its own powers and duties, and designate who among its personnel can issue such processes and administer oaths in connection therewith;
“10) Inspect and assess the compliance of the PNP on the established criteria for manpower allocation, distribution, and deployment and their impact on the community and the crime situation, and thereafter formulate appropriate guidelines for maximization of resources and effective utilization of the PNP personnel;
“11) Monitor the performance of the local chief executives as deputies of the Commission; and
“12) Monitor and investigate police anomalies and irregularities.
“b) Advise the President on all matters involving police functions and administration;
“c) Render to the President and to the Congress an annual report on its activities and accomplishments during the thirty (30) days after the end of the calendar year, which shall include an appraisal of the conditions obtaining in the organization and administration of police agencies in the municipalities, cities and provinces throughout the country, and recommendations for appropriate remedial legislation;
“d) Recommend to the President, through the Secretary, within sixty (60) days before the commencement of each calendar year, a crime prevention program; and
“e) Perform such other functions necessary to carry out the provisions of this Act and as the President may direct.”
Section 6. Section 15 of Republic Act No. 6975 is hereby amended to read as follows:
“SEC. 15. Qualifications. – No person shall be appointed regular member of the Commission unless:
“(a) He or she is a citizen of the Philippines;
“(b) A member of the Philippine Bar with at least five (5) years experience in handling criminal or human rights cases or a holder of a master’s degree but preferably a doctorate degree in public administration, sociology, criminology, criminal justice, law enforcement, and other related disciplines; and
“(c) The regular member coming from the law enforcement sector should have practical experience in law enforcement work for at least five (5) years while the three (3) other regular commissioners must have done extensive research work or projects on law enforcement, criminology or criminal justice or members of a duly registered non-government organization involved in the promotion of peace and order.”
Section 7. Section 16 of Republic Act No. 6975 is hereby amended to read as follows:
“SEC. 16. Term of Office. – The four (4) regular and full-time Commissioners shall be appointed by the President for a term of six (6) years without re-appointment or extension.”
Section 8. Expiration of the Terms of Office of Current Commissioners. – Upon the effectivity of this Act the terms of office of the current Commissioners are deemed expired which shall constitute a bar to their reappointment or an extension of their terms in the Commission except for current Commissioners who have served less than two (2) years of their terms of office who may be appointed by the President for a maximum term of two (2) years.
Section 9. Section 17 of Republic Act No. 6975 is hereby amended to read as follows:
“SEC. 17. Temporary or Permanent Incapacity of the Chairperson. – In case of absence due to the temporary incapacity of the chairperson, the Vice chair shall serve as Chairperson until the Chairperson is present or regains capacity to serve. In case of death or permanent incapacity or disqualification of the chairperson, the acting chairperson shall also act as such until a new chairperson shall have been appointed by the President and qualified.”
Section 10. Section 20 of Republic Act No. 6975 is hereby amended to read as follows:
“SEC. 20. Organizational Structure. – The Commission shall consist of the following units:
“(a) Commission Proper. – This is composed of the offices of the Chairman and four (4) Commissioners.
“(b) Staff Services. – The staff services of the Commission shall be as follows:
“(1) The Planning and Research Service, which shall provide technical services to the Commission in areas of overall policy formulation, strategic and operational planning, management systems or procedures, evaluation and monitoring of the Commission’s programs, projects and internal operations; and shall conduct thorough research and analysis on social and economic conditions affecting peace and order in the country;
“(2) The Legal Affairs Service, which shall provide the Commission with efficient and effective service as legal counsel of the Commission; draft or study contracts affecting the Commission and submit appropriate recommendations pertaining thereto; and render legal opinions arising from the administration and operation of the Philippine National Police and the Commission;
“(3) The Crime Prevention and Coordination Service, which shall undertake criminological researches and studies; formulate a national crime prevention plan; develop a crime prevention and information program and provide editorial direction for all criminology research and crime prevention publications;
“(4) The Personnel and Administrative Service, which shall perform personnel functions for the Commission, administer the entrance and promotional examinations for policemen, provide the necessary services relating to records, correspondence, supplies, property and equipment, security and general services, and the maintenance and utilization of facilities, and provide services relating to manpower, career planning and development, personnel transactions and employee welfare;
“(5) The Inspection, Monitoring and Investigation Service, which shall conduct continuous inspection and management audit of personnel, facilities and operations at all levels of command of the PNP, monitor the implementation of the Commission’s programs and projects relative to law enforcement; and monitor and investigate police anomalies and irregularities;
“(6) The Installations and Logistics Service, which shall review the Commission’s plans and programs and formulate policies and procedures regarding acquisition, inventory, control, distribution, maintenance and disposal of supplies and shall oversee the implementation of programs on transportation facilities and installations and the procurement and maintenance of supplies and equipment; and
“(7) The Financial Service, which shall provide the Commission with staff advice and assistance on budgetary and financial matters, including the overseeing of the processing and disbursement of funds pertaining to the scholarship program and surviving children of deceased and/or permanently incapacitated PNP personnel.
“(c) Disciplinary Appellate Boards – The Commission shall establish a formal administrative disciplinary appellate machinery consisting of the National Appellate Board and the regional appellate boards.
“The National Appellate Board shall decide cases on appeal from decisions rendered by the PNP chief, while the regional appellate boards shall decide cases on appeal from decisions rendered by officers other than the PNP chief, the mayor, and the People’s Law Enforcement Board (PLEB) created hereunder.”
Section 11. Section 22 of Republic Act No. 6975 is hereby amended to read as follows:
“SEC. 22. Qualifications of Regional Directors. – No person shall be appointed regional director unless:
“(a) He or she is a citizen of the Philippines; and
“(b) A holder of a master’s degree and appropriate civil service eligibility.”
Section 12. Qualifications Upgrading Program. – The Commission shall design and establish a qualifications upgrading program for the members of the Commission in coordination with the Civil Service Commission, the Department of Education, Culture and Sports and the Commission on Higher Education through a distance education program and/or an in-service education program or similar programs within ninety (90) days from the effectivity of this Act: Provided, That those who are already in the service from the effectivity of this Act shall have five (5) years to obtain the required degree or qualification counted from the implementation of the qualifications upgrading program.
TITLE IV
THE PHILIPPINE NATIONAL POLICE
A. REORGANIZATION
Section 13. Authority of the Commission to Reorganize the PNP. – Notwithstanding the provisions of Republic Act No. 6975 on the organizational structure and rank classification of the PNP, the Commission shall conduct a management audit, and prepare and submit to Congress a proposed reorganization plan of the PNP not later than December 31, 1998, subject to the limitations provided under this Act and based on the following criteria: a) increased police visibility through dispersal of personnel from the headquarters to the field offices and by the appointment and assignment of non-uniformed personnel to positions which are purely administrative, technical, clerical or menial in nature and other positions which are not actually and directly related to police operation; and b) efficient and optimized delivery of police services to the communities.
The PNP reorganization program shall be approved by Congress through a joint resolution.
B. QUALIFICATIONS UPGRADING
Section 14. Section 30 of Republic Act No. 6975 is hereby amended to read as follows:
“SEC. 30. General Qualifications for Appointment. – No person shall be appointed as officer or member of the PNP unless he or she possesses the following minimum qualifications:
“a) A citizen of the Philippines;
“b) A person of good moral conduct;
“c) Must have passed the psychiatric/psychological, drug and physical tests to be administered by the PNP or by any NAPOLCOM accredited government hospital for the purpose of determining physical and mental health;
“d) Must possess a formal baccalaureate degree from a recognized institution of learning;
“e) Must be eligible in accordance with the standards set by the Commission;
“f) Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in the Government;
“g) Must not have been convicted by final judgment of an offense or crime involving moral turpitude;
“h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male and one meter and fifty-seven centimeters (1.57 m.) for female;
“i) Must weigh not more or less than five kilograms (5 kgs.) from the standard weight corresponding to his or her height, age, and sex; and
“j) For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age: except for the last qualification, the above-enumerated qualifications shall be continuing in character and an absence of any one of them at any given time shall be a ground for separation or retirement from the service: Provided, That PNP members who are already in the service upon the effectivity of this Act shall be given at least two (2) more years to obtain the minimum educational qualification and one (1) year to satisfy the weight requirement.
“For the purpose of determining compliance with the requirements on physical and mental health, as well as the non-use of prohibited drugs, the PNP by itself or through a NAPOLCOM accredited government hospital shall conduct regular psychiatric, psychological drug and physical tests randomly and without notice.
“After the lapse of the time period for the satisfaction of a specific requirement, current members of the PNP who will fail to satisfy any of the requirements enumerated under this Section shall be separated from the service if they are below fifty (50) years of age and have served in Government for less than twenty (20) years or retired if they are from the age of fifty (50) and above and have served the Government for at least twenty (20) years without prejudice in either case to the payment of benefits they may be entitled to under existing laws.”
Section 15. Waivers for Initial Appointments to the PNP. – The age, height, weight, and educational requirements for initial appointment to the PNP may be waived only when the number of qualified applicants fall below the minimum annual quota: Provided, That an applicant shall not be below twenty (20) nor over thirty-five (35) years of age: Provided, further, That any applicant not meeting the weight requirement shall be given reasonable time but not exceeding six (6) months within which to comply with the said requirement: Provided, furthermore, That only applicants who have finished second year college or have earned at least seventy-two (72) collegiate units leading to a bachelor’s decree shall be eligible for appointment: Provided, furthermore, That anybody who will enter the service without a baccalaureate degree shall be given a maximum of four (4) years to obtain the required educational qualification: Provided, finally, That a waiver for height requirement shall be automatically granted to applicants belonging to the cultural communities.
Section 16. Selection Criteria Under the Waiver Program. – The selection of applicants under the Waiver Program shall be subject to the following minimum criteria:
a) Applicants who possess the least disqualification shall take precedence over those who possess more disqualifications.
b) The requirements shall be waived in the following order: (a) age, (b) height, (c) weight, and (d) education.
The Commission shall promulgate rules and regulations to address other situations arising from the waiver of the entry requirements.
Section 17. Nature of Appointment Under a Waiver Program. – Any PNP uniformed personnel who is admitted due to the waiver of the educational or weight requirements shall be issued a temporary appointment pending the satisfaction of the requirement waived. Any member who will fail to satisfy any of the waived requirements within the specified time periods under Section 13 of this Act shall be dismissed from the service.
Section 18. Re-application of Dismissed PNP Members Under a Waiver Program. – Any PNP member who shall be dismissed under a waiver program shall be eligible to re-apply for appointment to the PNP: Provided, That he or she possesses the minimum qualifications under Section 14 of this Act and his or her reappointment is not by virtue of another waiver program.
Section 19. The Field Training Program. – All uniformed members of the PNP shall undergo a Field Training Program for twelve (12) months involving actual experience and assignment in patrol, traffic, and investigation as a requirement for permanency of their appointment.
Section 20. Increased Qualifications for Provincial Directors. – No person may be appointed Director of a Provincial Police Office unless:
a) he or she holds a master’s degree in public administration, sociology, criminology, criminal justice, law enforcement, national security administration, defense studies, or other related discipline from a recognized institution of learning; and
b) has satisfactorily passed the required training and career courses necessary for the position as may be established by the Commission.
Any PNP personnel who is currently occupying the position but lacks any of the qualifications mentioned above shall be given three (3) years upon the effectivity of this Act to comply with the requirements; otherwise he or she shall be relieved from the position.
Section 21. Section 32 of Republic Act No. 6975 is hereby amended to read as follows:
“SEC. 32. Examinations of Policemen. – The National Police Commission shall administer the entrance and promotional examinations for policemen on the basis of the standards set by the Commission.”
Section 22. Section 34 of Republic Act No. 6975 is hereby amended to read as follows:
“SEC. 34. Qualifications of Chief of City and Municipal Police Stations. – No person shall be appointed chief of a city police station unless he/she is a graduate of Bachelor of Laws or has finished all the required courses of a master’s degree program in public administration, criminology, criminal justice, law enforcement, national security administration, defense studies, and other related disciplines from a recognized institution of learning. No person shall be appointed chief of a municipal police station unless he or she has finished at least second year Bachelor of Laws or has earned at least twelve (12) units in a master’s degree program in public administration, criminology, criminal justice, law enforcement, national security administration, and other related disciplines from a recognized institution of learning: Provided, That members of the Bar with at least five (5) years of law practice, licensed criminologists or graduates of the Philippine National Police Academy and who possess the general qualifications for initial appointment to the PNP shall be qualified for appointment as chief of a city or municipal police station: Provided, further, That the appointee has successfully passed the required field training program and has complied with other requirements as may be established by the Commission: Provided, furthermore, That the chief of police shall be appointed in accordance with the provisions of Section 51, paragraph (b), subparagraph 4(i) of this Act.”
Section 23. Qualifications Upgrading Program. – The Commission shall design and establish a qualifications upgrading program for the Philippine National Police officers and members in coordination with the Civil Service Commission, and the Commission on Higher Education through a distance education program and/or an in-service education program or other similar programs within ninety (90) days from the effectivity of this Act.
C. ATTRITION SYSTEM FOR UNIFORMED PERSONNEL
Section 24. Attrition System. – There shall be established a system of attrition within the uniformed members of the PNP within one (1) year from the effectivity of this Act to be submitted by the PNP to the Commission for approval. Such attrition system shall include but is not limited to the provisions of the following sections.
Section 25. Attrition by Attainment of Maximum Tenure in Position. – The maximum tenure of PNP members holding key positions is hereby prescribed as follows:
| POSITION | MAXIMUM TENURE |
| Chief | four (4) years |
| Deputy Chief | four (4) years |
| Director of the Staff Services | four (4) years |
| Regional Directors | six (6) years |
| Provincial/City Directors | nine (9) years |
Other positions higher than Provincial Director shall have the maximum tenure of six (6) years. Unless earlier separated, retired or promoted to a higher position in accordance with the PNP Staffing Pattern, police officers holding the above-mentioned positions shall be compulsorily retired at the maximum tenure in position herein prescribed, or at age fifty-six (56), whichever is earlier: Provided, That in times of war or other national emergency declared by Congress, the President may extend the PNP Chief’s tour of duty: Provided, further, That PNP members who have already reached their maximum tenure upon the effectivity of this Act may be allowed one (1) year more of tenure in their positions before the maximum tenure provided in this Section shall be applied to them, unless they shall have already reached the compulsory retirement age of fifty-six (56), in which case the compulsory retirement age shall prevail.
Except for the Chief, PNP, no PNP member who has less than one (1) year of service before reaching the compulsory retirement age shall be promoted to a higher rank or appointed to any other position.
Section 26. Attrition by Relief. – A PNP uniformed personnel who has been relieved for just cause and has not been given an assignment within two (2) years after such relief shall be retired or separated.
Section 27. Attrition by Demotion in Position or Rank. – Any PNP personnel, civilian or uniformed, who is relieved and assigned to a position lower than what is established for his or her grade in the PNP staffing pattern and who shall not be assigned to a position commensurate to his or her grade within eighteen (18) months after such demotion in position shall be retired or separated.
Section 28. Attrition by Non-promotion. – Any PNP personnel who has not been promoted for a continuous period of ten (10) years shall be retired or separated.
Section 29. Attrition by Other Means. – A PNP member or officer with at least five (5) years of accumulated active service shall be separated based on any of the following factors:
a) inefficiency based on poor performance during the last two (2) successive annual rating periods;
b) inefficiency based on poor performance for three (3) cumulative annual rating periods;
c) physical and/or mental incapacity to perform police functions and duties; or
d) failure to pass the required entrance examinations twice and/or finish the required career courses except for justifiable reasons.
Section 30. Retirement or Separation Under the Preceding Sections. – Any personnel who is dismissed from the PNP pursuant to Sections 25, 26, 27, 28 and 29 hereof shall be retired if he or she has rendered at least twenty (20) years of service and separated if he or she has rendered less than twenty (20) years of service unless the personnel is disqualified by law to receive such benefits.
D. PROMOTION SYSTEM
Section 31. Rationalized Promotion System. – Within six (6) months after the effectivity of this Act, the Commission shall establish a system of promotion for uniformed and non-uniformed personnel of the PNP which shall be based on merits and on the availability of vacant positions in the PNP staffing pattern. Such system shall be gender fair and shall ensure that women members of the PNP shall enjoy equal opportunity for promotion as that of men.
Section 32. Promotion by Virtue of Position. – Any PNP personnel designated to any key position whose rank is lower than that which is required for such position shall, after six (6) months of occupying the same, be entitled to a rank adjustment corr