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Constitution
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AUSL Exclusive
Ninth Congress
Republic Act No. 7610 June 17, 1992
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. – This Act shall be known as the "Special Protection of Children Against Abuse, Exploitation and
Discrimination Act."
Section 2. Declaration of State Policy and Principles. – It is hereby declared to be the policy of the State to provide special
protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their
development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis
intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the
parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse,
exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person
having care and custody of the same. 1awphi1@alf
It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which
affect or will affect their survival and normal development and over which they have no control.
The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public
or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle
of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted
to promote the welfare of children and enhance their opportunities for a useful and happy life.
Section 3. Definition of Terms. –
(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a
child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his
growth and development or in his permanent incapacity or death.
(c) "Circumstances which gravely threaten or endanger the survival and normal development of children" include,
but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed conflict-related
activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal
development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or
a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty
or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed
for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or normal
development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated
program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of children. 1awphi1Ÿ
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated, by the Department of
Justice and the Department of Social Welfare and Development in coordination with other government agencies and private
sector concerned, within one (1) year from the effectivity of this Act, to protect children against child prostitution and other sexual
abuse; child trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances which endanger child
survival and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the
following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or
other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such
child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or
subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators
shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the
Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious
conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the
prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a
cover or which engages in prostitution in addition to the activity for which the license has been issued to said
establishment.
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under Section 5,
paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or
cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other
hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be
exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving
services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by
two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of
the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children including, but not limited to,
the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion
temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of
age.
Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Section 7 of this Act: 1awphi1@alf
(a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by
the Department of Social Welfare and Development or written permit or justification from the child's parents or
legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear children
for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries,
day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed upon
the principals of the attempt to commit child trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, persuade, induce or coerce
a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or
pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its
maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to
be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall
suffer the penalty of prision mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's
Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for
other conditions prejudicial to the child's development including those covered by Article 59 of Presidential
Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty
of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10)
years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of
prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That
this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or
any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his
company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium
period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the
perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision
mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental
authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any
person to take along with him to such place or places any minor herein described shall be imposed a penalty of
prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the
license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to
reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph 2, and 263,
paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide, other intentional
mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve (12) years of
age. The penalty for the commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended party,
corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that imposed by law when the victim
is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and
Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct Activities Constituting
Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene Publications and Indecent Shows, and Other
Acts of Abuse. – All establishments and enterprises which promote or facilitate child prostitution and other sexual abuse, child
trafficking, obscene publications and indecent shows, and other acts of abuse shall be immediately closed and their authority or
license to operate cancelled, without prejudice to the owner or manager thereof being prosecuted under this Act and/or the
Revised Penal Code, as amended, or special laws. A sign with the words "off limits" shall be conspicuously displayed outside the
establishments or enterprises by the Department of Social Welfare and Development for such period which shall not be less than
one (1) year, as the Department may determine. The unauthorized removal of such sign shall be punishable by prision
correccional.
An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse if the acts constituting the same occur in the premises of said
establishment under this Act or in violation of the Revised Penal Code, as amended. An enterprise such as a sauna, travel
agency, or recruitment agency which: promotes the aforementioned acts as part of a tour for foreign tourists; exhibits children in
a lewd or indecent show; provides child masseurs for adults of the same or opposite sex and said services include any lascivious
conduct with the customers; or solicits children or activities constituting the aforementioned acts shall be deemed to have
committed the acts penalized herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. – Children below fifteen (15) years of age may be employed except:
(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only
members of the employer's family are employed: Provided, however, That his employment neither endangers his
life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or legal
guardian shall provide the said minor child with the prescribed primary and/or secondary education; or
(2) When a child's employment or participation in public & entertainment or information through cinema, theater,
radio or television is essential: Provided, The employment contract concluded by the child's parent or guardian,
with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and
Employment: Provided, That the following requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of the child;
(b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account
the system and level of remuneration, and the duration and arrangement of working time; and;
(c) The employer shall formulate and implement, subject to the approval and supervision of competent
authorities, a continuing program for training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such
child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirement.
The Department of Labor Employment shall promulgate rules and regulations necessary for the effective implementation of this
Section.
Section 13. Non-formal Education for Working Children. – The Department of Education, Culture and Sports shall
promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vocational
efficiency of working children who have not undergone or finished elementary or secondary education. Such course design shall
integrate the learning process deemed most effective under given circumstances.
Section 14. Prohibition on the Employment of Children in Certain Advertisements. – No person shall employ child models
in all commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts and
violence.
Section 15. Duty of Employer. – Every employer shall comply with the duties provided for in Articles 108 and 109 of
Presidential Decree No. 603.
Section 16. Penalties. – Any person who shall violate any provision of this Article shall suffer the penalty of a fine of not less
than One thousand pesos (P1,000) but not more than Ten thousand pesos (P10,000) or imprisonment of not less than three (3)
months but not more than three (3) years, or both at the discretion of the court; Provided, That, in case of repeated violations of
the provisions of this Article, the offender's license to operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. – In addition to the rights guaranteed to children under this Act and other
existing laws, children of indigenous cultural communities shall be entitled to protection, survival and development consistent with
the customs and traditions of their respective communities.
Section 18. System of and Access to Education. – The Department of Education, Culture and Sports shall develop and
institute an alternative system of education for children of indigenous cultural communities which culture-specific and relevant to
the needs of and the existing situation in their communities. The Department of Education, Culture and Sports shall also accredit
and support non-formal but functional indigenous educational programs conducted by non-government organizations in said
communities.
Section 19. Health and Nutrition. – The delivery of basic social services in health and nutrition to children of indigenous cultural
communities shall be given priority by all government agencies concerned. Hospitals and other health institution shall ensure that
children of indigenous cultural communities are given equal attention. In the provision of health and nutrition services to children
of indigenous cultural communities, indigenous health practices shall be respected and recognized.
Section 20. Discrimination. – Children of indigenous cultural communities shall not be subjected to any and all forms of
discrimination.
Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto mayor in its
maximum period and a fine of not less than Five thousand pesos (P5,000) more than Ten thousand pesos (P10,000).
Section 21. Participation. – Indigenous cultural communities, through their duly-designated or appointed representatives shall
be involved in planning, decision-making implementation, and evaluation of all government programs affecting children of
indigenous cultural communities. Indigenous institution shall also be recognized and respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall be the responsibility of the
State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace. To
attain this objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from
any form of threat, assault, torture or other cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units
or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency relief services shall be kept
unhampered;
(d) The safety and protection of those who provide services including those involved in fact-finding missions from
both government and non-government institutions shall be ensured. They shall not be subjected to undue
harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military purposes
such as command posts, barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed
conflict.
Section 23. Evacuation of Children During Armed Conflict. – Children shall be given priority during evacuation as a result of
armed conflict. Existing community organizations shall be tapped to look after the safety and well-being of children during
evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for
their safety and well-being.
Section 24. Family Life and Temporary Shelter. – Whenever possible, members of the same family shall be housed in the
same premises and given separate accommodation from other evacuees and provided with facilities to lead a normal family life.
In places of temporary shelter, expectant and nursing mothers and children shall be given additional food in proportion to their
physiological needs. Whenever feasible, children shall be given opportunities for physical exercise, sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. – Any child who has been arrested for
reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights;
(a) Separate detention from adults except where families are accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social
Welfare and Development or any responsible member of the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the acts charged
against him, the court shall determine the imposable penalty, including any civil liability chargeable against him. However,
instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such child to the
custody or care of the Department of Social Welfare and Development or to any training institution operated by the Government,
or duly-licensed agencies or any other responsible person, until he has had reached eighteen (18) years of age or, for a shorter
period as the court may deem proper, after considering the reports and recommendations of the Department of Social Welfare
and Development or the agency or responsible individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare and
Development or any duly-licensed agency or such other officer as the court may designate subject to such conditions as it may
prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in
criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. – The chairman of the barangay affected
by the armed conflict shall submit the names of children residing in said barangay to the municipal social welfare and
development officer within twenty-four (24) hours from the occurrence of the armed conflict.
ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the children as enumerated
herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity; 1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
Section 28. Protective Custody of the Child. – The offended party shall be immediately placed under the protective custody of
the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986. In the regular
performance of this function, the officer of the Department of Social Welfare and Development shall be free from any
administrative, civil or criminal liability. Custody proceedings shall be in accordance with the provisions of Presidential Decree
No. 603.
Section 29. Confidentiality. – At the instance of the offended party, his name may be withheld from the public until the court
acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case
of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause undue and
sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended
party.
Lawphi1@alf
Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the chambers of the judge of
the Regional Trial Court duly designated as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election cases, and cases
involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall give preference to the hearing or
disposition of cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions. –
(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been
previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is
responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant,
parent guardian, stepparent or collateral relative within the second degree of consanguinity or affinity, or a
manager or owner of an establishment which has no license to operate or its license has expired or has been
revoked;
(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever
barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer or
employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion temporal, then the
penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided, finally, That if the
penalty imposed is prision correccional or arresto mayor, the penalty of suspension shall also be imposed; and
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of
Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate
member of his family if the latter is the perpetrator of the offense.
ARTICLE XIII
Final Provisions
Section 32. Rules and Regulations. – Unless otherwise provided in this Act, the Department of Justice, in coordination with the
Department of Social Welfare and Development, shall promulgate rules and regulations of the effective implementation of this
Act.
Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulation.
Section 33. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby authorized to be
appropriated in the General Appropriations Act of the year following its enactment into law and thereafter.
Section 34. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the remaining provisions
not affected thereby shall continue in full force and effect.
Section 35. Repealing Clause. – All laws, decrees, or rules inconsistent with the provisions of this Acts are hereby repealed or
modified accordingly.
Section 36. Effectivity Clause. – This Act shall take effect upon completion of its publication in at least two (2) national
newspapers of general circulation.
Approved: June 17, 1992. lawphi1 Ÿ
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Constitution
Statutes
Executive Issuances
Judicial Issuances
Other Issuances
Jurisprudence
International Legal Resources
AUSL Exclusive
Tenth Congress
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
"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."
"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."
"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."
"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.
"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."
"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."
"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
"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.
"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."
"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
corresponding to the position: Provided, That the personnel shall not be reassigned to a position calling for a higher rank until
after two (2) years from the date of such rank adjustment: Provided, further, That any personnel designated to the position who
does not possess the established minimum qualifications therefor shall occupy the same temporarily for not more than six (6)
months without reappointment or extension.
Section 33. Section 38 (a) and (b) of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 38. Promotions. – (a) A uniformed member of the PNP shall not be eligible for promotion to a higher
position or rank unless he or she has successfully passed the corresponding promotional examination given by
the Commission, or the Bar, or the corresponding board examinations for technical services and other
professions, has satisfactorily completed the appropriate and accredited course in the PNPA or equivalent
training institutions, and has satisfactorily passed the required psychiatric/psychological and drug tests. In
addition, no uniformed member of the PNP shall be eligible for promotion during the pendency of his or her
administrative and/or criminal case or unless he or she has been cleared by the People's Law Enforcement Board
(PLEB), and the Office of the Ombudsman of any complaints proffered against him or her, if any.
"(b) Any uniformed member of the PNP who has exhibited acts of conspicuous courage and gallantry at
the risk of his/her life above and beyond the call of duty, shall be promoted to the next higher rank:
Provided, That such acts shall be validated by the Commission based on established criteria."
E. UPGRADING OF SALARIES AND BENEFITS
Section 34. Section 75 of the same Act is hereby amended to read as follows:
"SEC. 75. Retirement Benefits. – Monthly retirement pay shall be fifty percent (50%) of the base pay and
longevity pay of the retired grade in case of twenty (20) years of active service, increasing by two and one-half
percent (2.5%) for every year of active service rendered beyond twenty (20) years to a maximum of ninety
percent (90%) for thirty-six (36) years of active service and over: Provided, That, the uniformed personnel shall
have the option to receive in advance and in lump sum his retirement pay for the first five (5) years: Provided,
further, That payment of the retirement benefits in lump sum shall be made within six (6) months from effectivity
date of retirement and/or completion: Provided, finally, That retirement pay of the officers/non-officers of the PNP
shall be subject to adjustments based on the prevailing scale of base pay of police personnel in the active
service."
Section 35. Section 73 of the same Act is hereby amended to read as follows:
"SEC. 73. Permanent Physical Disability. – An officer or non-officer who is permanently and totally disabled as a
result of injuries suffered or sickness contracted in the performance of his duty as duly certified by the National
Police Commission, upon finding and certification by the appropriate medical officer, that the extent of the
disability or sickness renders such member unfit or unable to further perform the duties of his position, shall be
entitled to one year's salary and to lifetime pension equivalent to eighty percent (80%) of his last salary, in
addition to other benefits as provided under existing laws.
"Should such member who has been retired under permanent total disability under this section die within five (5)
years from his retirement, his surviving legal spouse or if there be none, the surviving dependent legitimate
children shall be entitled to the pension for the remainder of the five (5) years guaranteed period."
"SEC. 36. Status of Members of the Philippine National Police. – The uniformed members of the PNP shall be
considered employees of the National Government and shall draw their salaries therefrom. They shall have the
same salary grade level as that of public school teachers: Provided, That PNP members assigned in Metropolitan
Manila, chartered cities and first class municipalities may be paid financial incentive by the local government unit
concerned subject to the availability of funds."
Section 37. Early Retirement Program. – Within three (3) years after the effectivity of this Act, any PNP officer or non-
commissioned officer may retire and be paid separation benefits corresponding to a position two (2) ranks higher than his or her
present rank subject to the following conditions:
a) that at the time he or she applies for retirement, he or she has already rendered at least ten (10) years of
continuous government service;
b) the applicant is not scheduled for separation or retirement from the service due to the attrition system or
separation for cause;
c) he or she has no pending administrative or criminal case; and
d) he or she has at least three (3) more years in the service before reaching the compulsory retirement age and
at least a year before his or her maximum tenure in position.
Section 38. Rationalization of Retirement and Separation Benefits. – The Commission shall formulate a rationalized
retirement and separation benefits schedule and program within one (1) year from the effectivity of this Act for approval by
Congress: Provided, That the approved schedule and program shall have retroactive effect in favor of PNP members and officers
retired or separated from the time specified in the law, unless the retirement or separation is for cause and the decision denies
the grant of benefits.
TITLE V
INTERNAL AFFAIRS SERVICE
Section 39. Creation, Powers, and Functions. – An Internal Affairs Service (IAS) of the PNP is hereby created which shall:
a) pro-actively conduct inspections and audits on PNP personnel and units;
b) investigate complaints and gather evidence in support of an open investigation;
c) conduct summary hearings on PNP members facing administrative charges;
d) submit a periodic report on the assessment, analysis, and evaluation of the character and behavior of PNP
personnel and units to the Chief PNP and the Commission;
e) file appropriate criminal cases against PNP members before the court as evidence warrants and assist in the
prosecution of the case;
f) provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP.
The IAS shall also conduct, motu proprio, automatic investigation of the following cases:
a) incidents where a police personnel discharges a firearm;
b) incidents where death, serious physical injury, or any violation of human rights occurred in the conduct of a
police operation;
c) incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of police
personnel;
d) incidents where a suspect in the custody of the police was seriously injured; and
e) incidents where the established rules of engagement have been violated.

Finally, the IAS shall provide documents or recommendations as regards to the promotion of the members of the PNP or the
assignment of PNP personnel to any key position.
Section 40. Organization. – National, regional, and provincial offices of the Internal Affairs shall be established. Internal Affairs
Service shall be headed by an Inspector General who shall be assisted by a Deputy Inspector General. The area offices shall be
headed by a Director while the provincial offices shall be headed by a Superintendent: Provided, That the head of the Internal
Affairs Service shall be a civilian who shall meet the qualification requirements provided herein.
The commission shall establish a rationalized staffing pattern in the Reorganization Plan as provided for in Section 13 hereof.
Section 41. Appointments. – The Inspector General shall be appointed by the President upon the recommendation of the
Director General and duly endorsed by the Commission. Appointments of personnel who shall occupy various positions shall be
made by the Inspector General and shall be based on an established career pattern and criteria to be promulgated by the
Commission.
Section 42. Entry Qualifications to IAS. – Entry to the Internal Affairs Service shall be voluntary and subject to rigid screening
where only PNP personnel who have at least five (5) years experience in law enforcement and who have no derogatory service
records shall be considered for appointment: Provided, That members of the Bar may enter the service laterally.
Section 43. Initial Appointments to the National, Directorial, and Provincial Internal Affairs Service Offices. – Initial
appointments of the heads of the offices in the Internal Affairs Service shall be made by the President upon recommendation by
the Commission. Thereafter, appointments and promotions to the Service shall follow the established requirements and
procedures.
Section 44. Promotions. – The Commission shall establish the promotion system within the IAS which shall follow the general
principles of the promotion system in the PNP.
Section 45. Prohibitions. – Any personnel who joins the IAS may not thereafter join any other unit of the PNP. Neither shall any
personnel of the IAS be allowed to sit in a committee deliberating on the appointment, promotion, or assignment of any PNP
personnel.
Section 46. Career Development and Incentives. – (1) Personnel of the Internal Affairs Service shall in addition to other
allowances authorized under existing laws be granted occupational specialty pay which shall not exceed fifty percent (50%) of
their basic pay. This pay shall not be considered a forfeiture of other remuneration and allowances which are allowed under
existing laws.
(2) IAS members shall also have priorities in the quota allocation for training and education.
Section 47. Records Management of the IAS. – Local Internal Affairs Offices shall be responsible for the maintenance and
update of the records of the members of the PNP within their jurisdiction.
When a PNP personnel is reassigned or transferred to another location or unit outside the jurisdiction of the current Internal
Affairs Office, the original records of such personnel shall be transferred over to the Internal Affairs Office that will acquire
jurisdiction over the transferred personnel while copies will be retained by the former Internal Affairs Office. In cases where a
PNP personnel has been relieved of his/her position and has not been given an assignment, the Internal Affairs Office where the
person has been assigned last shall continue to have jurisdiction over his or her records until such time that the officer or
member shall have been given a new assignment where the records will be forwarded to the Internal Affairs Office acquiring
jurisdiction over the PNP personnel.
Section 48. Inclusion of Supervisors and Superiors in IAS Investigations. – The immediate superior or supervisor of the
personnel or units being investigated under the preceding section shall be automatically included in the investigation of the IA to
exclusively determine lapses in administration or supervision.
Section 49. Disciplinary Recommendations of the IAS. – (a) Any uniformed PNP personnel found guilty of any of the cases
mentioned in Section 39 of this Act and any immediate superior or supervisor found negligent under Section 48 shall be
recommended automatically for dismissal or demotion, as the case may be.
(b) Recommendations by the IAS for the imposition of disciplinary measures against an erring PNP personnel,
once final, cannot be revised, set-aside, or unduly delayed by any disciplining authority without just cause. Any
disciplining authority who fails to act or who acts with abuse of discretion on the recommendation of the IAS shall
be made liable for gross neglect of duty. The case of erring disciplinary authority shall be submitted to the
Director General for proper disposition.
Section 50. Appeals. – Decisions rendered by the provincial inspectors shall be forwarded to the area internal affairs office for
review within ten (10) working days upon the receipt thereof. Decisions of the area office may be appealed to the national office
through the Office of Inspector General. Decisions rendered by the National IAS shall be appealed to the National Appellate
Board or to the court as may be appropriate: Provided, That the summary dismissal powers of the Director General and Regional
Directors as provided in Section 42 of Republic Act No. 6975 shall remain valid: Provided, further, That the existing jurisdiction
over offenses as provided under Republic Act No. 6975 shall not be affected.
Section 51. Complaints Against the IAS. – A complaint against any personnel or office of IAS shall be brought to the Inspector
General's Office or to the Commission as may be appropriate.
TITLE VI
DISCIPLINARY MECHANISMS
"SEC. 41(a). Citizen's Complaints. – Any complaint by a natural or juridical person against any member of the
PNP shall be brought before the following:
"(1) Chiefs of Police, where the offense is punishable by withholding of privileges, restriction to specified
limits, suspension or forfeiture of salary, or any combination thereof, for a period not exceeding fifteen
(15) days;
"(2) Mayors of cities and municipalities, where the offense is punishable by withholding of privileges,
restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period of
not less than sixteen (16) days but not exceeding thirty (30) days;
"(3) People's Law Enforcement Board, as created under Section 43 hereof, where the offense is
punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or
any combination thereof, for a period exceeding thirty (30) days; or by dismissal.
"The Commission shall provide in its implementing rules and regulations a scale of penalties to be imposed upon
any member of the PNP under this Section.
"(b) Internal Discipline. – On dealing with minor offenses involving internal discipline found to have been
committed by any regular member of their respective commands, the duly designated supervisors and equivalent
officers of the PNP shall, after due notice and summary hearing, exercise disciplinary powers as follows:
"(1) Chiefs of police or equivalent supervisors may summarily impose the administrative punishment of
admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or
suspension; or any of the combination of the foregoing: Provided, That, in all cases, the total period shall
not exceed fifteen (15) days;
"(2) Provincial directors or equivalent supervisors may summarily impose administrative punishment of
admonition or reprimand; restrictive custody; withholding of privileges; forfeiture of salary or suspension,
or any combination of the foregoing: Provided, That, in all cases, the total period shall not exceed thirty
(30) days;
"(3) Police regional directors or equivalent supervisors shall have the power to impose upon any member
the disciplinary punishment of dismissal from the service. He may also impose the administrative
punishment of admonition or reprimand; restrictive custody; withholding of privileges; suspension or
forfeiture of salary; demotion; or any combination of the foregoing: Provided, That, in all cases, the total
period shall not exceed sixty (60) days;
"(4) The Chief of the PNP shall have the power to impose the disciplinary punishment of dismissal from
the service; suspension or forfeiture of salary; or any combination thereof for a period not exceeding one
hundred eighty (180) days: Provided, further, That the chief of the PNP shall have the authority to place
police personnel under restrictive custody during the pendency of a grave administrative case filed
against him or even after the filing of a criminal complaint, grave in nature, against such police personnel.
"(c) Exclusive Jurisdiction. – A complaint or a charge filed against a PNP member shall be heard and decided
exclusively by the disciplining authority who has acquired original jurisdiction over the case and notwithstanding
the existence of concurrent jurisdiction as regards the offense: Provided, That offenses which carry higher
penalties referred to a disciplining authority shall be referred to the appropriate authority which has jurisdiction
over the offense.
"For purposes of this Act, a 'minor offense' shall refer to any act or omission not involving moral turpitude, but
affecting the internal discipline of the PNP, and shall include, but not limited to:
"(1) Simple misconduct or negligence;
"(2) Insubordination;
"(3) Frequent absences and tardiness;
"(4) Habitual drunkenness; and
"(5) Gambling prohibited by law.
"(d) Forum shopping of multiple filing of complaints. – When an administrative complaint is filed with a police
disciplinary authority, such as the People's Law Enforcement Board (PLEB), no other case involving the same
cause of action shall be filed with any other disciplinary authority.
"In order to prevent forum shopping or multiple filing of complaints, the complainant or party seeking relief in the
complaint shall certify under oath in such pleading, or in a sworn certification annexed thereto and simultaneously
filed therewith, to the truth of the following facts and undertaking:
"(a) that he has not heretofore commenced any other action or proceeding involving the same issues in
other disciplinary forum;
"(b) that to the best of his knowledge, no such action or proceeding is pending in other police
administrative disciplinary machinery or authority;
"(c) that if there is any such action or proceeding which is either pending or may have been terminated, he
must state the status thereof; and
"(d) that if he should thereafter learn that a similar action or proceeding has been filed or is pending
before any other police disciplinary authority, he must undertake to report that fact within five (5) days
therefrom to the disciplinary authority where the original complaint or pleading has been filed."
"SEC. 42. Summary Dismissal Powers of the National Police Commission, PNP Chief and PNP Regional
Directors. – The National Police Commission, the chief of the PNP and PNP regional directors, after due notice
and summary hearings, may immediately remove or dismiss any respondent PNP member in any of the following
cases:
"(a) When the charge is serious and the evidence of guilt is strong;
"(b) When the respondent is a recidivist or has been repeatedly charged and there are reasonable
grounds to believe that he is guilty of the charges; and
"(c) When the respondent is guilty of a serious offense involving conduct unbecoming of a police officer.
"Any member or officer of the PNP who shall go on absence without official leave (AWOL) for a continuous period
of thirty (30) days or more shall be dismissed immediately from the service. His activities and whereabouts during
the period shall be investigated and if found to have committed a crime, he shall be prosecuted accordingly."
"SEC. 44. Disciplinary Appellate Boards. – The formal administrative disciplinary machinery of the PNP shall be
the National Appellate Board and the regional appellate boards.
"The National Appellate Board shall be composed of the four (4) regular commissioners and shall be chaired by
the executive officer. The Board shall consider appeals from decisions of the Chief of the PNP.
"The National Appellate Board may conduct its hearings or sessions in Metropolitan Manila or any part of the
country as it may deem necessary.
"There shall be at least one (1) regional appellate board per administrative region in the country to be composed
of a senior officer of the regional Commission as Chairman and one (1) representative each from the PNP, and
the regional peace and order council as members. It shall consider appeals from decisions of the regional
directors, other officials, mayors, and the PLEBs: Provided, That the Commission may create additional regional
appellate boards as the need arises."
"Sec. 47. Preventive Suspension Pending Criminal Case. – Upon the filing of a complaint or information sufficient
in form and substance against a member of the PNP for grave felonies where the penalty imposed by law is six
(6) years and one (1) day or more, the court shall immediately suspend the accused from office for a period not
exceeding ninety (90) days from arraignment: Provided, however, That if it can be shown by evidence that the
accused is harassing the complainant and/or witnesses, the court may order the preventive suspension of the
accused PNP member even if the charge is punishable by a penalty lower than six (6) years and one (1) day:
Provided, further, That the preventive suspension shall not be more than ninety (90) days except if the delay in
the disposition of the case is due to the fault, negligence or petitions of the respondent: Provided, finally, That
such preventive suspension may be sooner lifted by the court in the exigency of the service upon
recommendation of the chief, PNP. Such case shall be subject to continuous trial and shall be terminated within
ninety (90) days from arraignment of the accused."
"SEC. 49. Legal Assistance. – The Secretary of Justice, the chairman of the Commission or the Chief of the PNP
may authorize lawyers of their respective agencies to provide legal assistance to any member of the PNP who is
facing before the prosecutor's office, the court or any competent body, a charge or charges arising from any
incident which is related to the performance of his official duty: Provided, That government lawyers so authorized
shall have the power to administer oaths: Provided, further, That in such cases, when necessary, as determined
by the Commission, a private counsel may be provided at the expense of the Government. The Secretary of
Justice, the Chairman of the Commission and the Chief of the PNP shall jointly promulgate rules and regulations
to implement the provisions of this Section."
TITLE VII
CREATION OF WOMEN'S DESKS IN ALL POLICE STATIONS AND THE FORMULATION OF A GENDER SENSITIVITY
PROGRAM
Section 57. Creation and Functions. – The PNP shall establish women's desks in all police stations throughout the country to
administer and attend to cases involving crimes against chastity, sexual harassment, abuses committed against women and
children and other similar offenses: Provided, That municipalities and cities presently without policewomen will have two (2)
years upon the effectivity of this Act within which to comply with the requirement of this provision.
Section 58. Prioritization of Women for Recruitment. – Within the next five (5) years, the PNP shall prioritize the recruitment
and training of women who shall serve in the women's desk. Pursuant to this requirement, the PNP shall reserve ten percent
(10%) of its annual recruitment, training, and education quota for women
Section 59. Gender Sensitivity Program. – The Commission shall formulate a gender sensitivity program within ninety (90)
days from the effectivity of this Act to include but not limited to the establishment of equal opportunities for women in the PNP,
the prevention of sexual harassment in the workplace, and the prohibition of discrimination on the basis of gender or sexual
orientation.
Section 60. Administrative Liability. – Any personnel who shall violate the established rules and regulations regarding gender
sensitivity and gender equality shall be suspended without pay for not less than thirty (30) days and shall undergo gender
sensitivity seminar or training: Provided, That any personnel who violates the rules more than twice shall be recommended for
demotion or dismissal from the PNP.
Section 61. Non-prohibition for Promotion. – Nothing in this title shall be construed as a restriction on the assignment of
policewomen to other positions in the PNP nor shall any provisions of this title be used for the non-promotion of a PNP female
personnel to higher position.
TITLE VIII
PARTICIPATION OF LOCAL GOVERNMENT EXECUTIVES IN THE ADMINISTRATION OF THE PNP
Section 62. The provisions of the second, third, fourth and fifth paragraphs of subparagraph (b) (1), Section 51, Chapter III-D of
Republic Act No. 6975 are hereby amended to read as follows:
"The term 'operational supervision and control' shall mean the power to direct, superintend, and oversee the day-
to-day functions of police investigation of crime, crime prevention activities, and traffic control in accordance with
the rules and regulations promulgated by the Commission.
"It shall also include the power to direct the employment and deployment of units or elements of the PNP, through
the station commander, to ensure public safety and effective maintenance of peace and order within the locality.
For this purpose, the terms 'employment' and 'deployment' shall mean as follows:
"'Employment' refers to the utilization of units or elements of the PNP for purposes of protection of lives and
properties, enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of criminal
offenders and bringing the offenders to justice, and ensuring public safety, particularly in the suppression of
disorders, riots, lawlessness, violence, rebellious and seditious conspiracy, insurgency, subversion or other
related activities.
"'Deployment' shall mean the orderly and organized physical movement of elements or units of the PNP within the
province, city or municipality for purposes of employment as herein defined."
Section 63. Section 51 (b) (4) of Republic Act No. 6975 is hereby amended to read as follows:
"(4) Other Powers. In addition to the aforementioned powers, city and municipal mayors shall have the following
authority over the PNP units in their respective jurisdictions:
"(i) Authority to choose the chief of police from a list of five (5) eligibles recommended by the provincial
police director, preferably from the same province, city or municipality: Provided, however, That in no
case shall an officer-in-charge be designated for more than thirty (30) days: Provided, further, That the
local peace and order council may, through the city or municipal mayor, recommend the recall or
reassignment of the chief of police when, in its perception, the latter has been ineffective in combating
crime or maintaining peace and order in the city or municipality: Provided, finally, That such relief shall be
based on guidelines established by the NAPOLCOM;
"(ii) Authority to recommend to the provincial director the transfer, reassignment or detail of PNP
members outside of their respective city or town residences; and
"(iii) Authority to recommend from a list of eligibles previously screened by the peace and order council
the appointment of new members of the PNP to be assigned to their respective cities or municipalities
without which no such appointments shall be attested: Provided, That whenever practicable and
consistent with the requirements of the service, PNP members shall be assigned to the city or
municipality of their residence.
"The control and supervision of anti-gambling operations shall be within the jurisdiction of local government
executives."
Section 64. Automatic Deputation of Local Government Executives as Commission Representatives. – Governors and
mayors, upon having been elected and living qualified as such, are automatically deputized as representatives of the National
Police Commission in their respective jurisdiction. As deputized agents of the Commission, local government executives can
inspect police forces and units, conduct audit, and exercise other functions as may be duly authorized by the Commission.
"SEC. 52. Suspension or Withdrawal of Deputation. – Unless reversed by the President, the Commission may,
after consultation with the provincial governor and congressman concerned, suspend or withdraw the deputation
of any local executive for any of the following grounds:
"(a) Frequent unauthorized absences;
"(b) Abuse of authority;
"(c) Providing material support to criminal elements; or
"(d) Engaging in acts inimical to national security or which negate the effectiveness of the peace and
order campaign.
"Upon good cause shown, the President may, directly or through the Commission, motu proprio restore such
deputation withdrawn from any local executive."
TITLE IX
STRENGTHENING THE PEOPLE'S LAW ENFORCEMENT BOARD
Section 66. Paragraph (a), Section 43 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 43. People's Law Enforcement Board (PLEB). – (a) Creation and Functions – The sangguniang
panlungsod/bayan in every city and municipality shall create such number of People's Law Enforcement Boards
(PLEBs) as may be necessary: Provided, That there shall be at least one (1) PLEB for every five hundred (500)
city or municipal police personnel and for each of the legislative districts in a city.
"The PLEB shall be the central receiving entity for any citizen's complaint against the officers and members of the
PNP. Subject to the provisions of Section 41 of Republic Act No. 6975, the PLEB shall take cognizance of or refer
the complaint to the proper disciplinary or adjudicatory authority within three (3) days upon the filing of the
complaint."lawph!l.net
Section 67. Number (3) of Paragraph (b), Section 43 of Republic Act No. 6975 is hereby amended to read as follows:
"(3) Three (3) other members who are removable only for cause to be chosen by the local peace and order
council from among the respected members of the community known for their probity and integrity, one (1) of
whom must be a woman and another a member of the Bar, or, in the absence thereof, a college graduate, or the
principal of the central elementary school in the locality."
Section 68. The last paragraph of Section 43 (b)(3) of Republic Act No. 6975 shall be amended to read as follows:
"The Chairman of the PLEB shall be elected from among its members. The term of office of the members of the
PLEB shall be for a period of three (3) years from assumption of office. Such member shall hold office until his
successor shall have been chosen and qualified."
Section 69. Compensation and Benefits. – Paragraph c, Section 43 of Republic Act No. 6975 shall be amended to read as
follows:
"(c) Compensation. – Membership in the PLEB is a civic duty. However, PLEB members shall be paid per diem
and shall be provided with life insurance coverage as may be determined by the city or municipal council from city
or municipal funds. The DILG shall provide for the per diem and insurance coverage of PLEB members in certain
low income municipalities."
Section 70. Budget Allocation. – The annual budget of the Local Government Units (LGU) shall include an item and the
corresponding appropriation for the maintenance and operation of their local PLEBs.
The Secretary shall submit a report to Congress and the President within fifteen (15) days from the effectivity of this Act on the
number of PLEBs already organized as well as the LGUs still without PLEBs. Municipalities or cities without a PLEB or with an
insufficient number of organized PLEBs shall have thirty (30) more days to organize their respective PLEBs. After such period,
the DILG and the Department of Budget and Management shall withhold the release of the LGU's share in the national taxes in
cities and municipalities still without PLEB(s).
Section 71. Request for Preventive Suspension. – The PLEB may ask any authorized superior to impose preventive
suspension against a subordinate police officer who is the subject of a complaint lasting up to a period as may be allowed under
the law. A request for preventive suspension shall not be denied by the superior officer in the following cases:
a) when the respondent refuses to heed the PLEB's summons or subpoena;
b) when the PNP personnel has been charged with offenses involving bodily harm or grave threats,
c) when the respondent is in a position to tamper with the evidence; and lawphil.net
d) when the respondent is in a position to unduly influence the witnesses.
Any superior who fails to act on any request for suspension without valid grounds shall be held administratively liable for serious
neglect of duty.
TITLE X
TRANSITORY PROVISIONS
Section 72. Transition. – The provisions on the reorganization and the civilianization of the PNP and the devolution of police
capabilities to the local police forces shall be effected within three (3) years after the effectivity of this Act.
TITLE XI
FINAL PROVISIONS
Section 73. Rules and Regulations. – Unless otherwise provided in this Act, the Commission in coordination with the Philippine
National Police and the Department of the Interior and Local Government, shall promulgate rules and regulations for the effective
implementation of this Act. Such rules and regulations shall take effect upon their publication in three (3) newspapers of general
circulation.
Section 74. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby authorized to be
appropriated in the General Appropriations Act of the year following its enactment into law and thereafter.
Section 75. Repealing Clause. – All laws, presidential decrees, letters of instructions, executive orders, rules and regulations
insofar as they are inconsistent with this Act, are hereby repealed or amended as the case may be.
Section 76. Separability Clause. – In case any provision of this Act or any portion thereof is declared unconstitutional by a
competent court, other provisions shall not be affected thereby.
Section 77. Effectivity Clause. – This Act shall take effect after its complete publication in at least three (3) newspapers of
general circulation.
Approved: February 25, 1998
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Republic Act No. 7610 June 17, 1992

Section 3. Definition of Terms. –

(5) Being a victim of a man-made or natural disaster or calamity; or

(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and

(1) Acting as a procurer of a child prostitute;

(3) Taking advantage of influence or relationship to procure a child as prostitute;

(4) Threatening or using violence towards a child to engage him as a prostitute; or

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or

(a) Offended party;

(b) Parents or guardians;

(d) Officer, social worker or representative of a licensed child-caring institution;

(f) Barangay chairman; or

Section 31. Common Penal Provisions. –

Approved: June 17, 1992. lawphi1 Ÿ

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Republic Act No. 8551 February 25, 1998

"3) Establish a system of uniform crime reporting;

"12) Monitor and investigate police anomalies and irregularities.

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

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

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

"a) A citizen of the Philippines;

"b) A person of good moral conduct;

C. ATTRITION SYSTEM FOR UNIFORMED PERSONNEL

POSITION MAXIMUM TENURE

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

E. UPGRADING OF SALARIES AND BENEFITS

c) he or she has no pending administrative or criminal case; and

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

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

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

a) incidents where a police personnel discharges a firearm;

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

"(1) Simple misconduct or negligence;

"(3) Frequent absences and tardiness;

"(4) Habitual drunkenness; and

"(5) Gambling prohibited by law.

"(a) Frequent unauthorized absences;

"(b) Abuse of authority;

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

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

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

Approved: February 25, 1998

The Lawphil Project - Arellano Law Foundation

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