2046617568! PDF
2046617568! PDF
2046617568! PDF
SENATE
Senate Bill No.--2..5.94
AN ACT
INSTITUTING THE MAGNA CARTA FOR THE PHILIPPINE NATIONAL POLICE
UNIFORMED AND NON-UNIFORMED PERSONNEL AND FOR OTHER PURPOSES
EXPLANATORY NOTE
It is espoused in Art. II, Sec. 4 and 5 of the 1987 Philippine Constitution that, "the prime
duty of the Government is to serve and protect the people ... " and that, "the maintenance of
peace and order, the protection of life, liberty and property and promotion of the general welfare
are essential for the enjoyment by all the people of the blessings of democracy". This duty is
carried out by the premier police force in our country, the Philippine National Police (PNP). This
proposed Magna Carta for the PNP Uniformed and Non-Uniformed Personnel thus seeks to put
dignity into the country's Philippine National Police, not only those in the hierarchy, but also the
non-uniformed personnel.
Salaries and other benefits, which include longevity pay and allowances, reasonable
leaves, retirement programs, Special Financial and Scholarship Assistance Program and a
holistic PNP Development program, are highlighted to provide sufficient support for the PNP
and to foster a highly efficient and competent pOlice force.
It is for this reason that the passage of this bill is urgently sought.
"/
/,""",/
SENATE
AN ACT
INSTITUTING THE MAGNA CARTA FOR THE PHILIPPINE NATIONAL POLICE
UNIFORMED AND NON-UNIFORMED PERSONNEL AND FOR OTHER PURPOSES
1
TITLE I
2 THE PHILIPPINE NATIONAL POLICE
I}
5 Chapter One
6 Preliminary Provisions
7
8
9 SECT/ON 1. Title. This Act shall be known as the "Magna Carta for the Philippine
10 National Police Uniformed And Non-Uniformed Personnel. ..
11
12
13 Chapter Two
14 General Provisions
15
16 SEC. 2. Declaration of Policies. It is hereby declared to be the policy of the State to
17 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 (NAPOLCOM).
18
19 SEC. 3. General Principles. The Philippine National Police (PNP) shall be a community
20 and service-oriented agency responsible for the maintenance of peace and order and public
21 safety. It shall be so organized to ensure accountability and uprightness in the exercise of
22 discretion as well as to achieve efficiency and effectiveness of its members and units in the
23 performance of their functions.
24
25
26 Chapter Three
27 Mandate of the PNP
28
29 SEC. 4. Powers and Functions. Pursuant to its institutional mandate, the PNP shall
30 exercise the following powers and functions:
31
32 a) Enforce all laws and ordinances relative to the protection of lives and properties;
33
34 b) Maintain peace and order and take all necessary steps to ensure public safety;
35
36 c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to
37 justice and assist in their prosecution;
38
1
1 d) Exercise the General powers to make arrest, search and seizure in accordance with the
2 Constitution and other pertinent laws;
3
4 e) Detain an arrested person for a period not beyond that which is prescribed by law,
5 informing the person so detained of all his rights under the Constitution;
6
7 f) Issue licenses for the possession of firearms and explosives in accordance with law;
8
9 g) Supervise and control the training and operation of security agencies, issue licenses to
10 operate in favor of such security agencies, as well as, of security guards and private detectives
11 for the exercise of their professions;
12
13 h) Perform such other duties and exercise all other functions as may be provided by law.
14
15
16 TITLE II
17 ORGANIZATIONAL COMPONENTS AND STRUCTURE
18
19 Chapter One
20 PNP Uniformed Personnel
21
22 SEC. 5. Organization. The PNP shall be headed by a Chief who shall be assisted by two
23 (2) deputy chiefs, one (1) for Operations and one (1) for Administration, both of whom shall be
24 appointed by the President upon recommendation of the Commission from among the most senior
25 and qualified officers in the office: Provided, however, That in no case shall any officer who has
26 retired or is due to retire within six (6) months from his compulsory retirement age be appointed
27 as PNP Chief.
28
29 The PNP shall maintain its office in Metropolitan Manila which shall house its National
30 Staff Offices and National Support Units.
31
32 The PNP shall have regional offices, including that of the National Capital Region
33 (NCR), which may be divided into two (2) separate regions: the Cordillera Autonomous Regions
34 (CAR) and the Autonomous Region for Muslim Mindanao (ARMM). These regional offices shall
35 be headed by a Regional Director.
36
37 The PNP shall have provincial offices, headed by a Provincial Director. In the case
38 of large provinces, police districts, to be headed by a District Director, may be established by the
39 NAPOLCOM, upon the recommendation of the PNP Chief.
40
41 There shall be PNP stations in the mUnicipalities/cities, headed by a Chief of Police. In
42 case of police stations in highly urbanized cities, its head shall have a position title of City Director.
43 The determination of the rank of the head of police stations shall be subjected to the existing rules
44 and pOlicies of the national headquarters of the PNP and NAPOLCOM.
45
46
47 A. Classifications of Officers
48
49 SEC. 6. Rank Classification. For purposes of efficient administration, supervision and
50 control, the rank classification of the PNP uniformed personnel shall be as follows:
51
52 Police Director General
53 Police Deputy Director General
54 Police Director
55 Police Chief Superintendent
56 Police Senior Superintendent
57 Police Superintendent
58 Police Chief Inspector
59 Police Senior Inspector
60 Police Inspector
61 Senior Police Officer IV
62 Senior Police Officer III
2
1 Senior Police Officer II
2 Senior Police Officer I
3 Police Officer III
4 Police Officer II
5 Police Officer I
6
7 SEC. 7. Key Positions. The head of the PNP with the rank of Police Director General
8 shall have the position title of Chief of the PNP. The second in command of the PNP with the
9 rank of Police Deputy Director General shall be the Deputy Chief of the PNP for Administration.
10 The third in command with the rank also of Police Deputy Director General shall be the Deputy
11 Chief of the PNP for Operations.
12
13 At the National Office, the head of the National Staff Offices with the rank of Police Deputy
14 Director General shall be referred to as Chief of Staff of the PNP, who shall be fourth in command
15 of the PNP.
16
17 The heads of the various staff divisions in the National Staff Offices shall have the rank of
18 Police Director with the position title of Director of the National Staff Office of their respective
19 functional divisions. The PNP shall maintain its National Support Units to be headed by a Director
20 who shall have the rank of Police Chief Superintendent. To enhance police operational efficiency
21 and effectiveness the PNP Chief may constitute such other support units as may be necessary
22 subject to the approval of the NAPOLCOM; Provided, That no support unit headed by a chief
23 superintendent or higher rank can be created unless provided by law.
24
25 The head of the NCR Police Office shall assume the position title of NCR Police Director.
26
27 The heads of the regional offices shall assume the pOSition title of Police Regional Director.
28
29 The heads of the NCR district offices shall have the position title of District Director.
30
31 The heads of the provincial offices shall have the position title of Police Provincial Director.
32
33 The heads of the district offices shall have the position title of District Director.
34
35 The heads of the municipality or city offices shall be known as Chief of Police. In case of
36 police stations in highly urbanized cities, its head shall have the position title of City Director.
37
38 The determination of the rank of the head of police stations shall be subjected to the
39 existing rules and policies of the national headquarters of the PNP and NAPOLCOM.
40
41 Provided That, The ranks of the heads of regional, provincial and district offices may be
42 upgraded upon the recommendation of the Chief of the PNP through the NAPOLCOM and subject
43 to the approval of the President; Provided, further, That the upgrading of the ranks of the heads
44 of police stations shall be approved by the NAPOLCOM.
45
46 SEC. 8. Powers, Functions, and Term of Office of the PNP Chief The command and
47 direction of the PNP shall be vested in the PNP Chief who shall have the power to direct and
48 control tactical as well as strategic movements, deployment, placement, utilization of the PNP or
49 any of its units and personnel, including its eqUipment, facilities and other resources. Such
50 command and direction of the PNP Chief may be delegated to subordinate officials with respect
51 to the units under their respective commands, in accordance with the rules and regulations
52 prescribed by the NAPOLCOM.
53
54 The PNP Chief shall also have the power to issue detailed implementing policies and
55 instructions regarding personnel, funds, properties, records, correspondence and such other
56 matters as may be necessary to effectively carry outlhe functions, powers, and duties of the PNP.
57 He/she shall be appointed by the President from among the senior officers down to the rank of
58 chief superintendent. Provided, That he/she shall serve a term of office not to exceed four (4)
59 years; Provided, further, That in times of war or other national emergency declared by Congress,
60 the President may extend such term of office.
61
3
1 SEC. 9. Legal Affairs Service. There shall be established a Legal Affairs Service, which
2 shall serve as the personal staff of PNP Chief on Legal Affairs. The Legal Affairs Service shall
3 be headed by a PNP Uniformed Personnel with the title of Director who shall carry the rank of
4 Police Chief Superintendent.
5
6 SEC. 10. Internal Affairs Service. Pursuant to the provisions of Republic Act No. 8551,
7 there shall be an Internal Affairs Service which fUnctions shall be consistent with the aforesaid
8 Act which establish the ·office.
9
10
11
12 B. AppOintment Qualifications
13
14 SEC. 11. General Qualifications for Appointment. No person shall be appointed as
15 officer or member of the PNP unless he or she possesses the following minimum qualifications:
16
17 a) A citizen of the Philippines;
18
19 b) A person of good moral conduct;
20
21 c) Must have passed the psychiatric/psychological, drug and physical tests to be
22 administered by the PNP or by any NAPOLCOM-accredited government hospital for the purpose
23 of determining physical and mental health;
24
25 d) Must possess a formal baccalaureate degree from a recognized institution of learning;
26
27 e) Must be eligible in accordance with the standards set by the NAPOLCOM;
28
29 f) Must not have been dishonorably discharged from military employment or dismissed for
30 cause from any civilian position in the government;
31
32 g) Must not have been convicted by final judgment of an offense or crime involving moral
33 turpitude;
34
35 h) Must obtain the appropriate PNP Security Clearance;
36
37 i) Must be at least one meter and sixty-two centimeters (1.62m.) in height for male and
38 one meter and fifty-seven centimeters (1.57m.) for female;
39
40 j) Must weigh not more or less that five kilograms (5 kgs) from the standard weight
41 corresponding to his or her height, age, and sex; and
42
43 For a new applicant, he must not be less than twenty-one (21) or more than thirty (30)
44 years of age. Except for the last qualification, the above-enumerated qualifications shall be
45 continuing in character and an absence of anyone of them at any given time shall be a ground
46 for separation or retirement from the service: Provided, That PNP members who are already in
47 the service upon the effectivity of this Act shall be given at least two (2) more years to obtain the
48 minimum educational qualification and one (1) year to satisfy the weight requirement.
49
50 SEC. 12. Prerequisite for the AppOintment to the PNP. No applicant shall be qualified
51 to undergo basic police training unless he has passed the pre-qualifying examination
52 administered by the PNP Screening and Selection Board: Provided, That no new graduates of
53 basic police courses shall be absorbed in permanent status unless he has satisfactorily passed
54 the six-month probationary period. The PNP shall set the standards for the implementation of this
55 provision.
56
57 SEC. 13. Manner of Appointment. The appointment of the officers and members of the
58 PNP shall be effected in the following manner:
59
60 a) Police Officer I to Senior Police Officer IV - Appointed by the PNP Regional Director for
61 regional personnel or by the PNP Chief for the national headquarters personnel and attested by
62 the NAPOLCOM;
4
1
2 b) Inspector to Superintendent - Appointed by the PNP Chief, as recommended by their
3 immediate superiors, and attested by the NAPOLCOM;
4
5 c) Senior Superintendent to Deputy Director General - Appointed by the President upon
6 recommendation of the PNP Chief, with proper endorsement by the Chairman of the
7 NAPOLCOM.
8
9 d) Director General - Appointed by the President from among the senior officers down to
10 the rank of Chief Superintendent in the service: Provided, That the PNP Chief shall serve a tour
11 of duty not to exceed four (4) years; Provided, further, That, in times of war or other national
12 emergency declared by Congress, the President may extend such tour of duty.
13
14
15 C. Pre-requisites to Entry
16
17 SEC. 14. Field Training Program. All new uniformed PNP members shall undergo a Field
18 Training Program for twelve (12) months involving actual experience and assignment in patrol,
19 traffic, and investigation as a requirement for permanency of their appointment.
20
21 SEC. 15. Examinations for Policemen. The NAPOLCOM shall administer the entrance
22 and promotional examinations for policemen on the basis of the standards set by the Commission.
23
24 SEC. 16. Lateral Entry. In general, all original appointments of commissioned officers in
25 the PNP shall commence with the rank of Inspector, to include all those with highly technical
26 qualifications applying for the PNP technical services, such as dentists, optometrists, nurses,
27 engineers, criminologists and graduates of forensic sciences. Doctors of medicine, members of
28 the Bar, and Chaplains shall be appointed to the rank of Senior Inspector in their particular
29 technical service. Graduates of the Philippine National Police Academy (PNPA) shall be
30 automatically appointed to the initial rank of Inspector to fill up any vacancy after promotions from
31 the ranks are completed.
32
33
34 Chapter Two
35 General Benefits
36
37 A. Status, Salaries and Allowances
38
39 SEC. 17. Status of PNP Personnel. The uniformed and non-uniformed personnel of the
40 PNP shall be considered employees of the national government and shall draw their salaries
41 therefrom. Provided, that PNP personnel in Metropolitan Manila, charted cities, component cities
42 and other municipalities may be paid financial incentive by the local government unit concerned
43 subject to the availability of funds.
44
45 SEC. 18. Salary Scale. The PNP shall have a salary scale separate and distinct from the
46 other agencies of the government to attract the best and competent applicants. There shall be
47 different salary scales for uniformed and non-uniformed personnel.
48
49 Salary scales of PNP personnel shall provide for a gradual progression from minimum to
50 maximum salary by means of regular increments. The salary scale of the PNP shall be
51 comparable to the average salary scale of the law enforcement agencies in the ASEAN Region.
52
53 SEC. 19. Criteria for Salary. The salaries of all uniformed PNP personnel shall
54 correspond to the following criteria:
55
56 a) Salary shall be comparably equal to those paid in other occupations or professions
57 requiring equivalent or sirnilar qualifications, training and abilities regardless of rank positions;
58
59 b) Salary scale shall ensure that the lowest rank and position receive an amount which
60 will ensure him and his family to afford a reasonable and decent standard of living; and
61
5
1 Basic monthly salary shall exclude the sUbsistence allowance, cost of living allowance,
2 quarters allowance, clothing allowance, hazard pay, amelioration pay, health care pay and all
3 other allowances as may be provided under existing laws.
4
5 SEC. 20. Payment of Salary. The salaries of PNP personnel shall be paid in legal tender
6 of the Philippines or the equivalent in checks or treasury warrants; Provided, however, that such
7 checks or treasury warrants shall be convertible to cash in any national, provincial, city or
8 municipal treaswer's office or any banking institution operating under the laws of the Republic of
9 the Philippines.
10
11 Salaries shall be released on time and without undue delay. No deduction whatsoever
12 shall be allowed from the salaries due to all PNP personnel except under specific provisions of
13 applicable laws authorizing such deductions: Provided, That written authority of the PNP
14 personnel concerned shall first be obtained.
15
16 SEC. 21. Longevity Pay. PNP personnel shall be entitled to a longevity pay often (10%)
17 percent of their basic monthly pay for every five (5) years of continuous, efficient, and meritorious
18 service in the government, which shall be computed from the date of the member'S first
19 appointment in the government service: Provided, That the maximum longevity pay shall not
20 exceed fifty percent (50%) of the basic monthly pay.
21
22 SEC. 22. Cost of Living Allowance. The salaries of PNP personnel shall be based on
23 the prevalent cost of living. Salaries shall automatically follow changes in cost-of-living index
24 determined and established by the NAPOLCOM after due consultation with appropriate
25 government agencies.
26
27 SEC. 23. Clothing Allowance. PNP personnel who are required to wear uniforms shall
28 be entitled to clothing allowance equivalent to three hundred (P300.00) pesos per month:
29 Provided, That this rate shall be reviewed periodically and increased accordingly taking into
30 account existing laws and prevailing practices.
31
32 SEC. 24. Quarters Allowance. Uniformed PNP personnel shall be entitled to monthly
33 quarters allowance based on existing scheme which shall be reviewed periodically and increased
34 accordingly taking into account existing laws and prevailing practices.
35
36 SEC. 25. Remote Assignment Allowance. Uniformed PNP personnel who accepts
37 assignments in remote areas or isolated stations, which for reasons of far distance or hard
38 accessibility have not been filled for the last two years prior to the assignment, shall be entitled to
39 an incentive bonus in the form of Remote Assignment Allowance equivalent to fifty (50%) of their
40 basic pay, and shall be entitled to reimbursement of the cost of reasonable transportation to and
41 from such remote post or station, upon assuming or leaving such position and during official trips.
42
43 SEC. 26. Subsistence Allowance. Uniformed PNP personnel shall be entitled to full
44 SUbsistence allowance of three (3) meals which Shall be computed in accordance with prevailing
45 circumstances.
46
47 SEC. 27. Special Hardship Allowance. In areas wherein a uniformed PNP uniformed
48 Personnel is exposed to hardship and combat situation or other hazard unusual to peacekeeping,
49 crime prevention and investigation activities and established to be peculiar to any given area or
50 place of assignment, as determined by the PNP, he shall be compensated with a special hardship
51 allowance, similar to combat pay of the AFP, equivalent to at least fifty (50%) percent of his
52 monthly basic salary.
53
54
55 B. Entitlement to Leave Benefits
56
57 SEC. 28. Vacation Leave. All PNP personnel who has rendered at least one year of
58 service shall earn fifteen (15) days vacation leave credits.
59
60 SEC. 29. Sick Leave. A fifteen (15) day sick leave credits shall be granted to all PNP
61 personnel for every year of service. A sick leave of absence shall be granted to any ailing PNP
62 personnel for a period as may be necessary for his/her treatment.
6
1
2 An indefinite sick leave of absence shall be granted to an ailing uniformed PNP member
3 whose nature of illness demands a long treatment that will exceed one year at the least.
4
5 SEC. 30. Mandatory Leave. A PNP personnel is entitled to a mandatory leave with full
6 pay for seven (7) days which is not chargeable to his leave credits.
7
8 SEC. 31. Maternity Leave. Married women in the Philippine National Police who have
9 rendered an aggregate of two or more years of service, shall, in addition to the sick and vacation
10 leaves granted to them, be entitled to maternity leave of 60 days with full pay.
11
12 For those who have rendered one (1) year or more but less than two (2) years of
13 government service shall be computed in proportion to their length of service; Provided, That
14 those who have served for less than one (1) year shall be entitled to sixty (60) days maternity
15 leave with half pay.
16
17 It is understood that enjoyment of maternity leave cannot be deferred but should be
18 enjoyed within the actual period of delivery in a continuous and uninterrupted manner not
19 exceeding sixty (60) calendar days.
20
21 Maternity leaves shall be granted to female married PNP personnel in every instance of
22 pregnancy irrespective of its frequency.
23
24 SEC. 32. Paternity Leave. Any male PNP personnel shall be entitled to seven (7) days
25 of paternity leave with pay commencing from the day of the delivery of his legal spouse.
26
27 SEC. 33. Study Leaves. In addition to the leave privileges enjoyed under this Act and
28 other existing laws, uniformed PNP personnel shall be entitled to study leaves not exceeding one
29 (1) year with pay: Provided, That no grantee shall be allowed to accumulated more than one (1)
30 year of study leave except when he needs an extra semester to complete and defend his thesis
31 for a graduate study in a degree relevant to his being a member of the pOlice service.
32
33 SEC. 34. Christmas and New Year's Break. All PNP personnel shall be granted a
34 maximum of seven (7) days break during the Christmas and New Year seasons for them to spend
35 time for their families.
36
37
38 C. Retirement Program
39
40 SEC. 35. Early Retirement Program. Any PNP personnel who has reached the age of
41 fifty five (55) years may avail of this program and be paid separation benefits in accordance with
42 prevailing scheme: Provided, That he/she has rendered at least fifteen (15) years of continuous
43 service in the PNP organi2:ation. Provided, further, That those who have availed of this benefit
44 shall not be allowed to re-entry into the PNP.
45
46 SEC. 36. Optional Retirement. Upon accumulation of at least twenty (20) years of
47 satisfactory service, a PNP personnel, at his own request and with the approval of the
48 NAPOLCOM, shall be retired from the service and entitled to receive benefits provided for by law.
49 [Sec 40 RA 6975]
50
51 SEC. 37. Compulsory Retirement. Compulsory retirement, for officer and non-officer,
52 shall be upon the attainment of age fifty-six (56) years old: Provided, That in case of any officer
53 with the rank of Chief Superintendent, Director, or Deputy Director General, the Commission may
54 allow his retention in the service for an unextendible period of one (1) year.
55
56 SEC. 38. Highest Basic Salary Upon Retirement. A retired PNP personnel shall
57 automatically be granted one (1) salary range or grade higher than his/her basic salary and his/her
58 retirement benefit thereafter, computed on the basis of his/her highest salary, which shall be given
59 in effect three (3) months prior to the compulsory retirement: Provided, that said the personnel
60 has reached the age fifty five (55) years old and fulfilled service requirements under existing laws.
61
62
7
1 SEC. 39. Monthly Retirement Pay. The monthly retirement pay of a PNP Personnel shall
2 be fifty percent (50%) of the base pay and longevity pay of the retired rank in case the retiree has
3 rendered at least twenty (20) years of continuous active service, increasing by two and one-half
4 percent (2.5%) for every year of active service rendered beyond twenty (20) years to a maximum
5 of ninety percent (90%) for thirty-six (36) years of active service and over: Provided, That the
6 retiree shall have the option to receive in advance a lump sum of his retirement pay equivalent to
7 the first five (5) years of his retirement pay as it accrues: Provided, further, That payment of the
8 retirement benefits in lump sum shall be made on the effectivity date of retirement. It shall be
9 incumbent upon the concerned units to provide the completion of all documentary requirements
10 in support of the payment of the retiree's retirement pay as the retiree is not required to perform
11 additional tasks other than to receive the fruits of his service. Any personnel who intentionally
12 andlor maliciously delays or causes the delay in the processing of the retiree's just claim for
13 money andlor other emoluments shall be considered to have incurred an administrative offense
14 amounting to grave misconduct and an act prejudicial to the interest of the service as defined by
15 existing laws. Provided, finally, That retirement pay of all uniformed members shall be subject to
16 adjustments based on the prevailing scale of base pay of police personnel still in the active
17 service.
18
19
20 D. Special Financial and Scholarship Assistance Program
21
22 SEC. 40. Special Financial ASSistance. The family or beneficiary of any PNP personnel,
23 who is killed or becomes totally and permanently incapacitated while in the line of duty or by
24 reason of his office or position shall be entitled to the special financial assistance provided for in
25 this Act in addition to whatever compensation, donation, insurance, gift, pension, grant or any
26 form of benefit which said deceased or totally permanently incapacitated person or his family may
27 receive or be entitled to; Provided, That he has not committed any crime or human rights violation
28 by final judgment on such occasion.
29
30 SEC. 41. Tax Free. The speCial financial assistance referred to in the immediately
31 preceding section shall be that which is equivalent to the average six (6) months salary, including
32 allowances and bonuses, during the last twelve (12) months preceding the death of any PNP
33 personnel which shall not be considered a part of the estate of the deceased and which shall be
34 exempt from attachment, garnishment or execution and from income and other taxes.
35
36 SEC. 42. Duty of the Cashier. It shall be the duty of the cashier from whom the deceased
37 or permanently incapacitated PNP personnel used to receive his salary, within three (3) days from
38 receipt of a written certification from the station or unit commander of the fact of death and the
39 circumstances thereof, to deliver to the beneficiaries such special financial assistance as stated
40 in the preceding Section hereof. In case of permanent disability, a certification by the proper
41 medical officer deSignated by the Chief of the Philippine National Police is necessary for the
42 payment of the aforesaid financial aSSistance. After said payment, a report with the formal
43 certificate of death or permanent incapacity shall be submitted to the Chief of the Philippine
44 National Police.
45
46 SEC. 43. Sources of Special Financial Assistance. In order to assure the payment of
47 the special financial assistance referred to in this Act, without any need of any appropriation act
48 or ordinance, the payment shall come from the expected salary, allowances and bonuses of the
49 deceased or permanently incapaCitated PNP personnel for the next six (6) months after his death
50 or incapacity: Provided, That the pOSition left vacant by the deceased or permanently
51 incapacitated PNP personnel on account of his death or incapacity shall not be filled during that
52 period of six (6) months: Provided, further, That if the public welfare and interest so demand, as
53 determined by the Chief of the Philippine National Police, the position left vacant by the deceased
54 personnel, or permanently incapacitated personnel may be filled without waiting for the expiration
55 of the six (6) months period earlier mentioned, in which case, the funds out of which the special
56 financial assistance already received by the family of the deceased or permanently incapacitated
57 police personnel by the family of the deceased or permanently incapaCitated police personnel
58 shall be replenished out of the emergency savings of the PNP, upon the direction in writing by the
59 Chief of the Philippine National Police to their respective treasurers or cashiers: Provided, finally,
60 That, in the event that there are no emergency savings as provided herein exist, the Regional
61 Director or the Provincial Director, as the case may be, may request augmentation personnel from
62 other PNP units.
8
1
2 SEC. 44. Hospitalization Expenses. If any PNP personnel is injured or wounded or in
3 any manner suffers any injury in the performance of his official duties, the hospitalization
4 expenses of such personnel shall be shouldered by the office where he belongs, chargeable
5 against the salary savings of such office without the need of any appropriation act or ordinance.
6
7 SEC. 45. Employment Priority of Dependents. The surviving spouse of the deceased
8 or permanently incapacitated PNP personnel shall be given priority in employment in a
9 government agency or office where his/her qualifications are fitted: Provided, that if the spouse is
10 already employed or not employable or if he/she waives he/she employment privilege, then an
11 employable son or daughter shall be granted the said privilege.
12
13 SEC. 46. Scholarship Privileges for Dependents. All surviving children of the deceased
14 or permanently incapacitated PNP personnel shall be extended scholarship up to college in a
15 non-exclusive institution, subject to the pOlicies on the tuition of said institution: Provided, that
16 dependents of the personnel in active duty may be entitled to seventy-five (75%) percent of the
17 scholarship granted to dependents of the deceased or incapacitated member, while dependents
18 of non-uniformed personnel may be entitled to fifty percent (50%) scholarship subject to the
19 availability of funds; Provided, however, that if funds are not sufficient to support the scholarship
20 of all qualified dependents, priority shall be given to the dependents of the deceased or
21 incapacitated PNP personnel than the dependents of their active uniformed and non-uniformed
22 members.
23
24 SEC. 47. Utilization of Firearms License Fees for Scholarship Program. The license
25 fees collected by the PNP Firearms and Explosive Office shall be used solely for the scholarship
26 program of the dependents of the police: Provided, that the Chief of the PNP, may utilize part or
27 some amount of the said funds to other needs of the PNP: Provided, further, that the Chief of the
28 PNP may generate additional source for scholarship program coming from other fees which they
29 are authorized to collect to further increase the funds.
30
31 SEC. 48. Funds Management and Administration. The said funds collected from the
32 firearms licensing fees shall be managed and administered by the PNP through the Scholarship
33 Board composed of a chairman and four (4) other members who shall be designated by the PNP
34 Chief. The PNP Chief is authorized to invest so much of the fund for the purpose of generating
35 additional revenue for the benefit of the scholarship program.
36
37 SEC. 49. Penalty for Delaying Payments. Any person who unduly delays, refuses or in
38 any manner prevents the payment of the special financial assistance or the scholarship
39 assistance defined in this act to the person or persons entitled thereto shall be dismissed from
40 the office if found guilty in an appropriate administrative case.
41
42 SEC. 50. Interpretation. Nothing in this Act shall be construed to prejudice and diminish
43 whatever benefits PNP personnel is entitled to receive under existing laws.
44
45 SEC. 51. Implementing Rules and Guidelines. The NAPOLCOM in coordination with
46 the PNP and the DILG shall prepare and issue the necessary rules and regulations for the
48
49
50 Chapter Three
51 PNP Non-Uniformed Personnel
52
53 A. Appointment of Non-Uniformed Personnel
54
55 SEC. 52. Human Resource Development for Non-Uniformed Personnel. There shall be
56 established a Human Resource Development Program at the PNP for non-uniformed personnel
57 including, but not limited to, the provisions on merit promotion, performance evaluation, in-service
58 training grants, incentive and award system. The program shall conform to the rules and
59 regulations of the NAPOLCOM.
9
1
2 Where there are no specific applicable provisions in the rules and regulations of the
3 NAPOLCOM, the existing rules and regulations promulgated by the CSC shall apply.
4
5 SEC. 53. Screening and Selection for Appointment. Applicants for the non-uniformed
6 personnel position shall undergo a screening process to be conducted by a duly appointed
7 Selection and Promotion Board based on qualification standards setforth by the NAPOLCOM:
8 Provided, That, in addition thereto, the applicant shall undergo an on-the-job training for a period
9 of three (3) months to determine his fitness and competence to assume the responsibilities of the
10 position to be occupied.
11
12 SEC. 54. Application of the Civil Service Laws. Except when otherwise provided for in
13 this Act and in other existing laws, the provisions of Executive Order No. 292 and other Civil
14 Service Laws shall be made to apply to all non-uniformed' personnel of the PNP.
15
16
17 B. Work Benefits
18
19 SEC. 55. Hours of Work, Salaries, and Other Remuneration. The non-uniformed
20 personnel of the PNP shall be provided with benefits and welfare services, to include but not
21 limited to the following: [Labor and Social Legislation; Magna Carta of Public Health Workers; PO
22 on CIS agents]
23
24 a) Normal Hours of Work. The normal hours of work of any NUP shall not exceed more
25 than eight (8) hours a day or forty (40) hours a week. Hours worked shall include: a) all the time
26 during which NUP is required to work orto be at a prescribed workplace; and b) all the time during
27 which NUP is permitted to work.
28
29 b) Overtime Work. Where the exigencies of the service so required, any non-uniformed
30 personnel may be required to render service beyond the regular eight (8) hours a day: Provided,
31 That they shall be paid additional compensation in accordance with the existing laws: Provided,
32 further, That the total additional compensation shall not exceed fifty (50%) percent of the basic
33 pay.
34
35 c) Longevity Pay. Non-uniformed personnel, regardless of their unit of assignment,
36 shall be entitled to a longevity pay of ten (10%) percent of their basic monthly pay for every five
37 (5) years of continuous, efficient, and meritorious service in the government, which shall be
38 computed from the date of his original appointment in the government service: Provided, That
39 the maximum longevity pay shall not exceed fifty percent (50%) of the basic monthly pay.
40
41 d) Compensation for Rest Day, Saturday and Sunday, or Holiday. Non-uniformed
42 personnel shall be paid his/her regular daily wage even during regular holidays. Any personnel
43 who is required or permitted to work on a regular holiday or in any special public holiday, local or
44 national, shall be paid a compensation equivalent to twice his/her regular rate. [Art. 93 & 94, Labor
45 Code]
46
47 e) Hazard Pay. In specific aSSignments where they are exposed to occupational hazards
48 unusual to peacekeeping, crime prevention and investigation activities and established to be
49 peculiar to any given area or place of assignment, as determined by the PNP, non-uniformed
50 personnel shall also be compensated with a special hazard pay equivalent to at least twenty five
51 (25%) percent of his/her monthly basic salary.
52
53 h) Medical and Dental Services. An annual compulsory medical examination shall be
54 provided free of charge to non-uniformed personnel during their tenure of employment. Non-
55 uniformed personnel shall be accorded with free medical and dental services, Provided, That the
56 cost shall be included as automatic appropriation in the PNP annual budget.
57
58
59 D. Fund Appropriation
60
10
1 SEC. 56. Fund Appropriations. To ensure the effective implementation of the provisions
2 of Chapter Two and Three under this Title, the Congress shall include such necessary funding
3 necessary to support the foregoing provisions in the PNP annual appropriations.
4
5
6
7 TITLE III
8 PNP DEVELOPMENT PROGRAM
9
10 Chapter One
11
1 For the purpose of ensuring the physical and mental health, as well as the non-use of
2 prohibited drugs, the PNP, in coordination with the NAPOLCOM-accredited government hospital,
3 shall conduct regular psychiatric/psychological, drug, and physical tests randomly and without
4 notice.
5
6
7 Chapter Two
8 Performance Evaluation
9
10 SEC. 63. Perlormance Evaluation System. There shall be established a performance
11 evaluation system which shall be administered in accordance with the rules, regulations and
12 standards, and a code of conduct promulgated by the Commission for members of the PNP. Such
13 performance evaluation system shall be administered in such a way as to foster the improvement
14 of individual efficiency and behavioral discipline as well as the promotion of organizational
15 effectiveness and respect for the constitutional and human rights of citizens, democratic principles
16 and ideals and the supremacy of civilian authority over the military.
17
18
19 Chapter Three
20 Promotion System
21
22 SEC. 64. Rationalized Promotion System. There shall be a system of promotion for
23 uniformed and non-uniformed personnel of the PNP which shall be based on merits and fitness
24 on the available vacant positions in the PNP staffing pattern. Such system shall be gender fair
25 and shall ensure that women members of the PNP shall enjoy equal opportunity for promotions
26 as that of men.
27
28 It shall further be observed that:
29
30 (a) No member of the PNP shall be eligible for promotion to the next higher rank position
31 unless he had successfully passed a corresponding promotional examination. He must have
32 completed the required schooling and training relevant to said position, based on approved
33 NAPOLCOM Resolutions and other relevant laws;
34
35 (b) The pendency of any administrative or minor criminal or civil case ariSing from service-
36 related acts or omissions before any court, body or tribunal shall not be a bar for promotion or
37 assignment.
38
39 (c) Uniformed personnel assigned in remote areas shall be given priority in promotion or
40 assignment to better areas after exhibiting satisfactory performance of his duties. Their tour of
41 duties in remote areas shall not exceed two (2) years, except when the exigency of their
42 assignment is involved, when there are no positions for their transfer, or when they prefer to stay
43 in such posts in excess of two (2) years.
44
45
46
47 TITLE IV
48 DISCIPLINARY MEASURES
49
50 SEC. 65. Disciplinary Mechanisms. The PNP shall have its disciplinary mechanisms and
51 its disciplining powers shall be exercised by legitimate disciplinary authorities as provided for in
52 Republic Act No. 6975, Republic Act No. 8551 and other pertinent laws and regulations.
53
54 SEC. 66. Safeguards in Disciplinary Procedures. In every disciplinary proceeding, the
55 uniformed PNP personnel shall have:
56
57 a) The right to be informed in writing of the charges against him;
58
59 b) The right to pre-charge investigation in administrative cases;
60
61 c) The right to full access to the evidence in the case;
62
12
1 d) The right to defend himself or to be defended by a representative of his own choice or
2 his organization. Adequate time shall be afforded for the preparation of his defense;
3
4 e) The right to confront witness presented against him and summon witness in his behalf
5 including the right to cross-examination;
6
7 f) The right to appeal to designated authorities;
8
9 g) The right to claim reimbursement for the reasonable expenses incurred in his defense
lOin cases of exoneration or dismissal of charges;
11
12 Such other rights as will ensure fairness and partiality during the proceedings.
13
14 SEC. 67. Prohibition against Discrimination. Unless otherwise expressly provided by
15 this Act, existing laws and pertinent rules and regulations, the enjoyment of privileges, rights and
16 welfare benefits afforded to the PNP personnel shall not be affected by gender, civil status,
17 religious or political belief, ethnic group to which one belongs.
18
19 SEC. 68. Complaints and Grievances. Every PNP personnel shall have the right to
20 present his complaints and grievances to his superior officers for the immediate redress thereof.
21 The exercise of this right shall not be used as a ground for discrimination nor as bar for the
22 exercise of other privileges, rights, and benefits afforded by law.
23
24
25
26 TITLE V
27 DISABILITY AND DEATH BENEFITS
28
29 SEC. 69. Entitlement. The heirs and dependents of a PNP personnel shall be entitled to
30 all benefits relative to the member's death and/or disability, as provided in this Act and other
31 existing laws.
32
33 SEC. 70. Compensation for Physical and Mental Injuries Sustained in the Course of
34 Duty. A PNP personnel shall be protected against the consequences of employment injuries.
35 Physical and psychological stresses affecting the health condition of the personnel shall be
36 recognized as compensable occupational disease in accordance with existing laws.
37
38 SEC. 71. Permanent Physical Disability. A uniformed member who incurs a total
39 permanent disability in the line of duty and has rendered a total of twenty (20) years of continuous
40 active duty in the police service shall be compulsorily retired: Provided, That upon his compulsory
41 retirement, he shall be entitled to the payment of a retirement pay equivalent to one and one-
42 fourth (1 X) month base pay for every year of service or a fraction thereof, computed based on
43 the next higher rank and longevity pay based on the last permanent grade he holds.
44
45 SEC. 72. Disability Benefits. Any member and his dependents shall be entitled to all
46 benefits relative to the member'S permanent incapacity, as may be provided for under this Act or
47 other existing laws.
48
49 SEC. 73. Uniformed Member Missing in Action. Any uniformed member who is officially
50 confirmed to be missing in action while in the performance of his duty or by reason of his being a
51 member of the police service or is kidnapped or captured by the enemy shall be entitled to receive
52 or be credited in his account the same pay and allowances and other benefits to which he is
53 entitled at the time of the incident which gave rise to his disappearance or capture: Provided, That
54 should it be known later that his disappearance was not on the occasion of a legitimate police
55 activity or without any authority, whatever salary and allowances and other benefits received by
56 him or his immediate heirs, relatives, and dependents in accordance with this Act and other
57 existing and relevant laws shall be returned to the PNP.
58
59 SEC. 74. Payment of Salary and Allowances to the Heirs, Relatives and Dependents
60 of the Uniformed Member Who is Missing in Action. In case any uniformed member has been
61 officially declared as misSing in action under the circumstances enumerated under the preceding
62 section, the PNP Chief shall direct the payment of the misSing uniformed member'S monthly salary
13
1 and allowances and other emoluments to his heirs, relatives and dependents for their support for
2 a period of one (1) year from the time of his reported disappearance or capture by the enemy as
3 the case may be. A member who is officially declared missing in action as adjudicate
4
5 d by the NAPOLCOM shall be presumed dead for all legal intents and purposes after a
6 period offour (4) years from the date of his reported disappearance or capture.
7
8 SEC. 75. Finding of Death and Termination of Payment of Salary and Allowances.
9 Upon the termination of the one (1) year period as specified in the preceding section, the missing
10 uniformed personnel shall be automatically terminated. In the event said personnel shall
11 thereafter be found to have been alive and is not entitled to the benefits paid under the preceding
12 sections, said benefits shall be reimbursed to the State within six (6) months from the discovery
13 of the fact or his reappearance. However, if his continued disappearance was fraudulent or made
14 in bad faith, he shall, together with his co-conspirators, be prosecuted according to law. [Sec. 80
15 RA 6975]
16
17
18 TITLE VI
19 FINAL PROVISIONS
20
21 SEC. 76. Implementing Rules and Regulations. The NAPOLCOM shall formulate and
22 prepare the rules and regulations necessary to implement the provisions of this Act. All rules and
23 regulations so formulated shall be liberally construed in favor of the PNP member so as to give
24 him the greatest degree of benefits that can be derived from this Act. Rules and regulations
25 implementing this Act shall take effect fifteen (15) days after publication in a paper of general
26 circulation or through any other means the NAPOLCOM shall deem sufficient in order to give
27 notice to the general public.
28
29 SEC. 77. Budgetary Estimates. The PNP Chief shall submit to Congress, through the
30 DILG Secretary, the annual budgetary estimates to implement the provisions of this Act which
31 shall be included in the General Appropriations Act. In no case shall the budget implementing
32 this Act allotted for a given fiscal year be less than that of the previous fiscal year.
33
34 SEC. 78. Separability Clause. In the event that any portion or provision of this Act be
35 declared unconstitutional, the validity and effectivity of the other provisions of this Act shall not
36 be affected.
37
38 SEC. 79. Repealing Clause. All laws, decrees, executive orders, rules and regulations and
39 other issuances inconsistent with this Act are deemed repealed, amended, or modified
40 accordingly.
41
42 SEC. 80. Effectivity. The prOVisions of this Act shall take effect after fifteen (15) of
43 completion of publication in a newspaper of general circulation.
44
45 Approved,
46
14