Police Organization and Administration

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POLICE ORGANIZATION AND ADMINISTRATION

THE POLICE ORGANIZATION

Police - comes from the Latin Politia “civil administration” which itself derives from the ancient Greek “polis” Which means “city”

- refer to a body of civil authority which is tasked to maintain peace and order, enforce the law, protect lives and
properties, and ensure public safety - in its inception, the police forms an important role in the development of human
society; progress in all aspects of society will not materialized without the security and order provided for by the police
- Regarded as the initiators of the criminal justice system
- society's first line of defense against crime and criminality
- are agents of agencies authorized to use force and other forms of coercion and legal means to effect public and social
order
- Is most regularly associated with police departments of a state that are empowered to exercise the police power of that
state within a defined legal or territorial area of responsibility - that is enforced laws and decrees to ensure that the
programs, interests and concerns of the government will be implemented
- Is the agency of a community or government that is responsible for maintaining public order and preventing and
detecting crime

HISTORY

In 7 BC, Augustus divided Rome into 14 regions (wards ), each divided into vicci (precincts) overseen by vicomagistri responsible for
Fire Protection, among other administrative and religious duties.

In A.D 6, after a particularly bad fire, Augustus expanded the city's fire brigade into a corps, consisting of seven squads or cohorts of
1000 freedmen each. Each cohort was responsible for fire and especially at night police protection in two regions.

To further impose order on the often-violent streets of his city of nearly 1,000,000, Augustus created 3 cohorts of police part of the
army of the state who were placed under the command of the urban prefect. These cohorts could, in turn, call up and emperor's own
bodyguard (the pretorian guard )for assistance.

In Japan, the Shogun, ruler of 17th century feudal system, devised an elaborate policy system in which each castle town had a military
samurai warrior who served as town magistrate, judge and chief of police. He appointed other sword carrying samurai (yoriki and
doshin) to serve as a patrolling police force.

Tsar Nicholas I

In the early 1700s the Russian Tsars also established a police system to enforce their laws.

Tsar Nicholas I later extended the powers of this police force and turned it into an early form of state political police – the dreaded
Okrankha).

After the Russian Revolution , this force gave rise to V.I lenins powerful and highly organized Checka, the political police that served
as a model for Mussolini ovra and Hitler's Gestapo.

It was during the latter part of the 18th century that majority of civilized nations started to establish a police force which is complete
and distinct from the military organization.

THE FRANKPLEDGE SYSTEM

- the other structure of early policing, consisting of citizens banding together for mutual protection, what's best evidenced
by the Frankpledge system of early England. This beginning in the communal policing eventually lead to the
development of the Metropolitan Police act and a British police system that served as the model for most modern police
forces

FUNDAMENTAL THEORIES OF POLICE SERVICE

 the homerule theory- law enforcers or policemen are regarded as servants of the community who rely for the efficiency of
their functions upon the express needs of the people
 the continental theory- policemen are regarded as state or servants of the higher authorities

TWO PREVAILING CONCEPTS WHICH PERTAIN TO THE EFFICIENCY OF POLICE SERVICE

 the old concept- also called the reactive method where the efficiency and effectiveness of the police service is having the
impression of being merely suppressive machinery or an arm of the government to prevent unwanted individual or groups
from executing their ill intentions to the public and to the government
- advocates that the yardstick of police competence is the increasing number of arrests, throwing offenders in detention
facilities rather than trying to prevent them from committing crimes
 the modern concept- Also called the proactive method where the thought of police service regards police as the first line of
defense of the criminal justice system, an organ of crime prevention, that the police are the vanguards of the community
- Police efficiency is measured by the decreasing number of crimes because of the mere presence of the police that
prevents the would be criminals unable to execute their mode of operations

TESTED POLICE PRINCIPLES

LEADERSHIP

 being knowledgeable- everything that takes place in your office should be known to you
 the commander should always be informed- everything that takes place must be made known to the commander as he will be
the one accountable to it
 seek the welfare of your men- in order for the police unit to perform well, each member should know that they should be
doing and that each of their performance should be executed properly in order not to hinder other members of their unit
 do not trust even the walls- as a leader one must be able to encourage compartmentalization with each subordinates in order
not to compromise the entire work

ADMINISTRATIVE

 related tasks in process, purpose, method or clientele should be grouped together; whenever practicable every function of the
police force shall be assigned to each respective unit
 lines of authority and chain of command should be clearly defined and established
 the span of control of a supervisor or units shall not be more than what he can effectively coordinate
 a group of personnel must have only one supervisor- in order not to have conflict in tasking, one commander or chief is
placed to supervise all police units and personnel under him
 proper flow of communication- all types of correspondence must passed through channels, depending to whom the
communication is addressed to
 staff and line function must be defined- every office in the police organization is identified and their function clear
 the responsibility for a function shall carry with it commensurate authority, making the person to whom it is vested
accountable therefore- whenever a police unit or personnel is performing his function, said personnel is not performing in his
capacity, but more appropriately as the representative of the office he is staff with

OPERATIONAL

 insure yourself on the right track


 do not leave trash behind
 when it is written, it cannot easily be confronted

SUPERVISORY

 you are accountable to everything that takes place


 before you receive it, count it

ORGANIZATION

- it is the arrangement of people with common purpose and objective in a manner to enable the performance ever related
tasks by individuals grouped for the purpose
- can be functional, line, line and staff, or depending on the objectives and functions of the organization

TYPES OF ORGANIZATIONAL STRUCTURE

1. functional organization- the performance of certain duties, at all levels, is controlled and directed by a separate organizational
authority
- divides authority and responsibility between several specialists
2. line Organization - the simplest form of organization
- yeah all operations and administrative functions are included in the scalar chain of authority
3. line and staff police organization- in this color chain of authority, the line is the backbone of the organization
- the line is supplemented by the staff, which gives advice and assistance to the line in carrying out its objectives
- both line and staff personnel are responsible jointly for the performance
- it's a combination of the line and functional category

POLICE TERRITORIAL UNITS

1. police community precincts -headed by a Precinct Commander that is in charge of all police personnel assigned in the
outlying outposts in a municipality
2. municipal police station- headed by a Chief of Police that is in charge of all personnel in the municipality of a province
3. city police station- headed by a Chief of Police that is in-charge of all personnel in the component city of a province
4. provincial police office- headed by a Provincial Director that is in-charge of all police units in the province of a region
5. city police office- headed by a City Director that is in-charge of all police unit and any chartered city of a region
6. police regional office- headed by a Regional Director that is in-charge of all police unit in the region
7. directorate for integrated police office- headed by a Director that is in charge of a certain number of PRO
8. national headquarters - headed by the chief PNP who is in charge of all police unit nationwide

AREAS OF CONCERN

1. post- a fixed point or location to which an officer is assigned for duty such as designated desk or office/ crosswalk or an
intersection for traffic duty/ or a spot or location for general duty
2. route- a length of St or streets, designated for patrol purposes. also referred to as line beat
3. beat- an area assigned for patrol purposes, whether food or motorized
4. Sector- an area containing two or more beats, routes or posts
5. District- a geographical subdivision of a city for patrol purposes, usually with its own station

FUNCTIONAL UNITS

1. Directorate- a staff office in the national headquarters


2. Division- a staff office in the police regional office
3. Branch- a staff office in the city or provincial police office
4. Section- a staff in the city or municipal police station

DECENTRALIZED AND CENTRALIZED POLICE FORCE


 the centralized police force - is a police organization where each police unit is acting on its own- as in a local police or the
Integrated National Police before, where the recruitment, salary, fringe benefits and the daily administrative and operational
control differs from one unit to the other
 centralized police force- where police units are entirely controlled by a central office in relation to its recruitment, promotion,
salary, and everything that comes with the daily administrative and operational control - like the Philippine Constabulary
before

POLICE OPERATIONS

Basically, the objectives of the Philippine national police are:

Under RA 6975
1. Enforce all laws and ordinances relative to the protection of lives and properties
2. maintain peace and order and take all necessary steps to ensure public safety
3. investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their
prosecution
4. exercise the general powers to make arrest, search and seizure in accordance with the constitution and pertinent laws
5. detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his
rights under the constitution
6. issue licenses for the possession of firearms and explosives in accordance with the law
7. supervise and control the training and operations of security agencies and issue license to operate security agencies, and
two security guards and private detectives, for the practice of their professions

Under RA 8551

1. 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

POLICE FUNCTIONS

ADMINISTRATIVE

1. personnel and records management


- supervision, control and organization of all PNP uniformed and non uniformed personnel as individual; manpower
procurement and control; personnel records and reports; discipline, law and order; administration of prisoners of war;
morale, personnel service and personnel procedures; and the internal organization of the police organization and other
administrative functions
2. Logistics and supply management
- Administration and management of logistics and its functional areas and support for the successful accomplishment of
the PNP mission
3. comptrollership and financial management
- manage and supervise the budgeting, accounting, reporting, financial, internal auditing and management improvement of
the PNP
4. planning
- manage and supervise the areas of plans and programs that are beyond the immediate operational and tactical range;
organization and force development; And special studies, research and project management which includes interagency
and international affairs, legislative and other requirements that are needed for the effective and efficient administration
and operation of the PNP
5. human resource and doctrine development
- manage and supervise the formulation of policy and in the planning, direction, coordination and supervision of all
matters pertaining to human resource and doctrine development
6. Research and development
- manage and supervise the areas of research and development, test and evaluation and in the administration of the
Command’s self-reliant development projects which are of high value to peace and order and public safety
7. Information and communication technology management
- manage and supervise the policy formulation and managing information, electronics and communication technology
resources to promote, develop and regulate integrated and strategic information and computer technology systems, and
reliable and efficient communications infrastructure in support to the PNP

OPERATIONAL

1. intelligence- manage and supervise the attaining of intelligence objectives through effective management of all intelligence
and counterintelligence activities of the PNP
2. operations- manage and supervise the exercise of the command, direction and supervision of all activities concerning
operations, employment and development of the PNP
3. police community relations- manage and supervise the planning, directing, coordinating, supervising and controlling the
programs, projects and activities of the PNP in relation to police community relations
4. investigation and detection management- manage and supervise the direction, control, origination and all efforts of
investigation activities of the PNP
5. integrated police office - direct and supervise the conduct of inter-regional anti-criminality, counter-terrorism and counter-
insurgency operations against lawless elements which transcend regional boundaries and to provide system of promotion of
regional socio- economic development

PRIMARY POLICE DUTIES

1. patrol - derived from the French word patroulier, which means roughly, “to travel on foot”
- the only form of police service which directly attempts to eliminate desire/open tunity of an individual to commit
misconduct
- the backbone of the Police Department since this is the only division within the structure of the police organization that
may not be eliminated
- is the only division that performs without fail round the clock or 24 hours duty
- maybe defined as a repeated circuit of in guarding, performed to cover, secure and protect a particular area
2. Traffic - refers to the movement of persons, goods, and vehicles either powered by animals or animal drawn vehicles, Or by
combustion system from one place to another for the purpose of safe travel
- Traffic management is an executive function which includes planning, organizing, directing, supervising, coordinating,
operating, the report came in budgeting traffic affairs
3. Vice control - The government by means of police power serving as an effective agency of control must embark on
repressive measures against vice mainteners
4. Investigation- criminal investigation refers to a collection of methods by which crimes are studied and criminals arrested
- define as an art which deals with the identity and location of the offender and provides evidence of his guilt in a criminal
proceeding
5. Police community relations - to maintain and develop confidence and goodwill of the community for the police; to obtain
public assistance and cooperation; to develop public appreciation; understanding and support for the services of the police; to
create broader understanding and sympathy with the need and the problems of the police; to facilitate law enforcement and
compliance; to build public opinion in favor of the police; to achieve the police purpose of preserving peace, protecting life
and property, and prevention of crime
o Public information program
o public relations program
o civic action program
o mass communication program
6. special police units - modern police service regularly includes special units two handle special problems. In major cities,
tactical units, highly trained and well equipped, are available to quell riot called civil disturbance management
(CDM)Unarmed of their service firearms, yet wearing heavy attire, shield, baton, and helmet and armed only with the
principle of maximum tolerance, the contingent of civil disturbance management are composed of:
 Ground commander
 Negotiator
 CDM Platoon Leader
 CDM Female Elements
 SWAT Security Team
 Arresting Team armed with handcuff only
 Intel Team on Plain Clothes
 Sniper Team armed with Video Recorder
 Medical Team on Board an Ambulance
 Water Fire Team on Board a Fire Trcuk

SPECIAL WEAPONS AND TACTICS (SWAT) – are composed highly trained personnel, trained and expert in assorted type of
assault pistols and rifles who are tasked to give the final option- that is to remove threat posed by a criminal , usually a hostage taker,
by forcibly immobilizing him through assault to immediate vicinity the taker is taking refuge.

- A sniper, SWAT must be able to deliver the executive decision of giving the final option of either surrender or die

BOMB SQUADS OR EXPLOSIVES AND ORDINANCE TEAM (EOT) – are another set of highly trained personnel who works
alone in performing their functions. requiring a number of equipment to ensure their safety and that of the people they serve, EOT
personnel continuously trained themselves so that whenever they will be utilized, they will be able to dismantle their objective- a
bomb.

noncriminal services- in most communities, about 60 to 70% of the time spent by police officers on operational activities is not crime
related. officers are called on to find missing persons and lost children and to deal with marital disputes and ambulance calls

Pulis Ko, Teacher Ko - the visionary approached of placing police officer who are qualified teachers, having education background
diploma and passing the required eligibility to teach. these police officers are then dispatched to places, mostly in far-flung barangay,
inaccessible to road and as part of their duty- we'll teach in replace of the unavailable teachers due to unavoidable circumstances

Police advisory and liaison in schools right-(PALS) - the main goal of the program is crime prevention through child safety,
responsible youth education in collaboration with education authorities in the area, promotion of the police as an accessible
community officer, elimination of barriers between the youth and the police, investigation of offenses and enforcement of laws and
promotion of policing as a career.

POLICE PLANNING

Rule of Engagement – is used to denote a set of procedures on how to execute a certain operations

PNP Operational Procedures

 Rule #1: police blotter- each PNP office, units or installation shall maintain an official blotter where all types of operational
and undercover dispatches shall be recorded containing the cardinal rule of information during criminal investigation
 rule #2: inter unit coordination- team leaders of local police units operating outside their area of responsibility and national
support units shall coordinate personally or through an official representative with the concerned territorial police units
within whose jurisdiction the operation will be conducted using a prescribed coordination form prior to the launching of the
operation, except in cases of hot pursuit where the inter-unit coordination through the written form cannot be made due to the
nature and urgency of the situation
hot pursuit - shall mean an immediate, recent chase or follow up without material interval for purpose of
taking into custody any person wanted by virtue of a warrant or one suspected to have committed a recent
offense while fleeing from one police jurisdiction to another, necessitating the pursuing police unit to cross
jurisdictional boundaries that will normally require prior official personal inter-unit coordination but which
the pursuing unit cannot at the moment comply with due to the urgency of the situation
 Rule #3: basic requirements of police intervention operations- generally, all police intervention procedures ( arrest, raid,
search and seizure, checkpoint, response) shall be conducted with a marked police vehicle, preferably led by a police
commissioned officer and with personnel in police proper uniform
 rule #4: warning by use of megaphones- during actual police intervention operations, if feasible, the team leader shall use all
peaceful means including the use of a megaphone or any other similar means, to influence or warn the offenders or suspects
to stop whatever they are doing unlawful and or peacefully give themselves up to the police.
 rule #5: warning shots- the PNP shall not use warning shots during any police intervention
 Rule #6: use of deadly force- the excessive use of deadly force shall be avoided, the use of firearm is justified by virtue of
the doctrine of self-defense, Defense of relative and defense of stranger, and if the police have a probable cause to believe
that the suspect poses an imminent danger of death or serious physical injury to the police or other persons
 rule #7: reasonable force- during armed confrontation, the police may use reasonable force to overcome the threat posed by
the suspect. However, the officer in charge of the operation shall at all times exercise control over his men in the area, and
shall ensure that no innocent civilian is caught in the crossfire
 rule #8: moving vehicles- moving vehicles may not be fired upon solely to disable them. the driver or other occupant of a
moving vehicle may be fired upon if the police have probable cause to believe that the suspects pose an imminent danger of
death to the police or others persons, the use of firearm does not create a danger to the public that outweighs the likely
benefits of its use
 Rule #9: Thing to be done after an Armed Confrontation- immediately after an armed confrontation, the Officer-in-charge of
the operation shall secure the site of confrontation; check wether the situation still poses imminent danger; evacuate the
wounded to the nearest hospital;and account for the killed, wounded, and arrested persons for proper disposition
 Rule #10: Jurisdictional Investigation by the territorial Unit concerned – the police unit which has territorial jurisdiction of
the area of the armed confrontation, together with the SOCO Team, if any, shall immediately undertake the necessary
investigation and processing of the scene of encounter. In cases, where there is a slain suspect, it shall submit the incident for
inquest before the duty inquest prosecutor prior to the removal of the body from the scene, except in areas where there are no
inquest prosecutors. In which case, the police can proceed with the investigation

Planning – is the determination in advance how the objectives of the organization will be attained.

 The act of determining guidelines and policies for police activities and operations and providing safeguards and controls for
such endeavors in the department
 The process of combining all aspects of the department and the realistic anticipation of future problems, analysis of strategy
and the correlation of strategy in detail
 The use of rational and logical designs or pattern for all departmental undertakings rather than relying on chance

Types of Plans

1. Procedures or Policies
2. Tactics
3. Operations
4. Extra-departmental activities
5. Management

Policy Procedural Plans: standard operating procedure shall be planned to guide members in field and routine operations and in
some special operations in accordance with the following;

A. office procedures- the two principal office procedures are records division operation and reporting regulations. The
records division operation makes important assurance that each task is performed in the manner prescribed.
B. Field Procedure- They are intended to be used in all situations of all kinds and serves as a guide to the officers in the
field on procedures that relate to the following:
1. Reporting
2. Dispatching
3. Raids
4. Arrests
5. Stopping Suspicious persons
6. Receiving complaints
7. Patrolling
8. Conduct of investigation of crimes

C. Headquarters Procedures: Usually found on the duty manual because they pertain to the responsibility of one person or
one class of persons. Persons that involve coordinate action on activity of several offices shall be established separately
D. Special Operating Procedures: included in such guidelines are crime scene search, preservation and investigation,
dissemination of information concerning wanted persons, organization and operation of police support units an the like.

TACTICAL PLANS

- Procedures for coping with specific situations at known locations. Plans dealing with attacks against facilities, buildings,
and structures with alarm system as well as against police headquarters by lawless elements.
1. Blockades
2. Emergencies
3. Special community events
4. Parades
5. Athletic contests
6. Religious celebrations
7. Strikes
8. Demonstrations
9. Riots and the like

Operational Plans – pertains to plans of division; they are prepared to accomplish each of the primary police tasks such as:

1. Patrol Division
2. Investigation Division
3. Traffic Control Division
4. Vice Control Division
5. Juvenile Control Division

Types of Operational Plans:

A. Regular Operating Programs – they are designed primarily to meet everyday, year rounds needs
B. Meeting Unusual Needs- refers to the result of intermittent and usually unexpected variations in activities that demand
police attention

Extra-Departmental Plans; Plans designed to guide the organization of the community to assist in accomplishing the police objectives
in the field of juvenile and delinquency prevention, traffic control, and organized crimes.

 Management Plans- shall map out in advance all operations involved in the organization, management of personnel, material
and the procurement and disbursement of money.
 Budget Planning – which encompasses present and future monetary requirement for personnel, equipment must be
approximated and plans for supporting budget requests must be made if required appropriation are to be obtained.
 Accounting Procedures- Bookkeeping measures must be established along with expenditure reports to aid in making
administrative decisions and ensuring that the expenditures are defrayed within appropriation and according to what purpose
which was it was provided
 Specifications – requirements and purchasing measures must be established for the procurement of supplies and equipment to
ensure a check of deliveries according to specification
 Personnel- personnel program must be carried out and the allocation and staffing of personnel among the organizational units
according to their competence and in proportion to the human resource needs
 Organization – a basic organization plan must be established and posted for the information and guidance of the personnel
concerned. It must be included in the duty manual to be meaningful and would define the relationship among units in terms
of jurisdiction and responsibilities of each component units

Steps in Planning

 Reference – frame of reference is based on a thorough and prudent view of the matters relating to the situations, for which
plans are being developed, and the ideas and opinions of resource persons who may speak with authority on the subject
matter concerned
 Clarifying the problem – procedure calls for the recognition of the predicament, comprehending its history, record and
possible solutions
 Collecting all pertinent facts- this is the gathering and compilation of all data and facts relating to issue or problem at hand
 analyzing the facts- refers to the careful scrutiny and evaluation or relevant facts which provides the basis from which plans
are developed
 developing alternative plans- part of the initial stage of plan development in which several options which maybe logically
comparable to meet and address the needs of the situation
 selecting the most appropriate alternative- a meticulous and cautious consideration of all the facts will result in the
determination of the best alternative proposal
 selling the plan- pertains to the measures undertaken to ensure belief, agreement and acceptance by persons concerned in
order to effectively carry out the plan
 arranging for the execution of the plan- necessities the issuance of directives and orders to units concerned, establishment of a
schedule and the provision of resource both manpower and equipment necessary to carry out the plan

Characteristics of Plans

 clearly defined goals


 clarity, simplicity, and directness
 flexibility
 possibility of attainment
 provisions of standards of operations
 economy

Execution of Plans- once plans are made the same shall be put into operation and the result thereof shall be evaluated

Objectives:

 protection of life, liberty and property


 preservation of peace
 prevention of crimes
 repression and suppression of criminal activities
 apprehension of criminals
 enforcement of the laws and ordinance and regulations of conduct
 safeguarding of public health and morals
 prompt execution of writs and processes of the courts
 coordination and cooperation with other law enforcement agencies

Measuring Police Work Efficiency

- securing of maximum results with a minimum effort


- in police service it is using minimum manpower and equipment to attain good results
- is difficult to measure
 CRIME PREVENTION - can be done mere presence of the police officers deployed in the places where there are possible
occurrences of crime, where different types of visibility patrol are utilized
 ACCIDENTPREVENTION- activities to prevent the occurrence of accidents, especially in times of vacations, festivities,
seasons and holidays where numerous tourist police are deployed to ensure that the celebrating public will not meet any form
of accidents
 Arrest made—fact that police officers cannot be at all place and at the same time, and the immediate absence of police
officers are the opportunity for the unscrupulous individuals or groups to execute their machinations
 Convictions obtained – filing of appropriate cases to the court for the arrested individual by the availability of evidence and
the manner of arrest conducted by the police is a big aid to the fiscal who spearhead the prosecution of these arrested
criminals
 Stolen property recovered- retrieval of any stolen property through coordinated and painstaking effort will show how
efficient and effective the police officers are. usually done by backtracking, tips, availability of database and visitorial powers
of the police to different establishments

PRINCIPLES OF ORGANIZATION

" Let us bring back the respect to the ranks of our men in the field…..”

“decentralization of functions and delegation of authority…”

“meritrocacy”

Principles of police organization

1. chain of command - refers to the line or chain of supervisors from top to bottom. referring to a continued position who takes
the lead in controlling the entire police organization- As police officers are still human, Subject to natural elements and
normal course of life, it is necessary to immediately identify the next in line of the command who will assume the position in
case of eventualities.

Categories of Police Duties

(Primary Line or operation police tasks)


 Patrol
 Investigation
 Traffic
 Vice
 Juvenile Control

(Secondary or Auxiliary Service Tasks)


 Records
 Property
 Crime Laboratory
 Transportation
 Communication

Administrative or Managerial Police Tasks

 Personnel
 Intelligence
 Inspection
 Planning
 Budgeting
 Training
 Public Community-relations
2. UNITY OF COMMAND – It simply means that each individual unit, and/or situation should be under the control of only one
direct unit supervisor.
3. Span of Control- an officer should not have more subordinates that he can effectively supervise, manage or control. This is
usually based on the police line units established for easier comprehension, guided by the geographical representation our
country follows;
A. All municipalities (MPS) and component cities ( CPS ) under the Provincial Office (PPO)
B. All provinces ( PPO) and chartered cities ( CPO) under the regional office (PRO)
C. group of regional office (PRO) under a Directorate For Integrated Police Office (DIPO)
D. All units under the National Headquarters (NHQ)

Determinant Factors for Proper Span of Control

 Native ability
 Complexity of the tasks to be performed
 Separation from the superior from immediate subordinates
 Time demanded by the public for personal use

Factors which results in Error in Span of Control

 Over estimation of his own ability


 Inability or unwillingness to delegate authority
4. DELEGATION OF AUTHORITY – related to the process committing an activity to another’s care. Closely related to span
of control in that even though the span of attention is excessive, the harm from it can be reduced by delegation of many
details to subordinates

(Division in Delegation of Authority)


A. Policy formulation- involve what are to be done in the form of orders or broad statement of action
B. Direction- deals with procedures what is to be done, who is to do it, where, and how it is to be done
C. Supervision- deals with the assistance and guidance given to subordinates to ensure successful performance
D. Execution- deals with the performance of tasks to be done with commensurate authority to fulfill the responsibility
5. COMMAND RESPONSIBILITY-an officer of the police force who is directly or immediately in command shall be
answerable under the doctrine of command responsibility for any of the following;
A. Misfeasance – the improper performance of some act which might be lawfully done ( irregularities in the performance of
duties)
B. Malfeasance - also known as misconduct, it is the performance of some act which ought not to be done
C. Nonfeasance- it is the omission of some act which ought to be performed. it is also referred to as neglect of duty

(justification to be exempted from the doctrine of command responsibility)

A. when the commanding officer was not properly informed of the acts or omission of his subordinates
B. when the commander was properly informed and he conducted an immediate investigation of such act or omission
C. when he acted upon lawful orders from higher authorities

LEGAL BASIS FOR PHILIPPINE LAW ENFORCEMENT

THE GOOD POLICEMAN

the citizen expects police officer to:

 Have the wisdom of Solomon


 the courage of David
 The strength of Samson
 the patience of Job
 the leadership of Moses
 the kindness of the good Samaritan
 the strategic training of Alexander
 the faith of Daniel
 the diplomacy of Lincoln
 the tolerance of the Carpenter of Nazareth
 the intimate knowledge of every branch of the natural, biological and social sciences

IF POLICE OFFICERS HAVE THESE, THEY ‘MIGHT’ BE A GOOD POLICEMAN

REPUBLIC ACT No. 6975

AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A REORGANIZED DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES

December 13, 1990 – signed into law

"Department of the Interior and Local Government Act of 1990"

Declaration of Policy - to promote peace and order, ensure public safety and further strengthen local government capability aimed
towards the effective delivery of the basic services to the citizenry through the establishment of a highly efficient and competent
police force that is national in scope and civilian in character. Towards this end, the State shall bolster a system of coordination and
cooperation among the citizenry, local executives and the integrated law enforcement and public safety agencies created under this
Act.

The police force shall be organized, trained and equipped primarily for the performance of police functions. Its national scope and
civilian character shall be paramount. No element of the police force shall be military nor shall any position thereof be occupied by
active members of the Armed Forces of the Philippines.

THE NATIONAL POLICE OMMISSION

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 a collegial body within the
Department. It shall be composed of a Chairman and four (4) regular commissioners, one (1) of whom shall be designated as Vice-
Chairman by the President. The Secretary of the Department shall be the ex-officio Chairman of the Commission, while the Vice-
Chairman shall act as the executive officer of the Commission.

Powers and Functions of the omission. – The Commission shall exercise the following powers and functions:

(a) Exercise administrative control over the Philippine National Police;

(b) Advise the President on all matters involving police functions and administration;
(c) Foster and develop policies and promulgate rules and regulations, standards and procedures to improve police services based on
sound professional concepts and principles;

(d) 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;

(e) Prepare a police manual prescribing rules and regulations for efficient organization, administration, and operation, including
recruitment, selection, promotion and retirement;

(f) Establish a system of uniform crime reporting;

(g) Conduct surveys and compile statistical data for the proper evaluation of the efficiency and effectiveness of all police units in the
country;

(h) Render to the President and to 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;

(i) Approve or modify plans and programs on education and training, logistical requirements, communications, records, information
systems, crime laboratory, crime prevention and crime reporting;

(j) 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;

(k) Exercise appellate jurisdiction through the regional appellate boards over administrative cases against policemen and over
decisions on claims for police benefits;

(l) Recommend to the President, through the Secretary, within sixty (60) days before the commencement of each calendar year, a
crime prevention;

(m) Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the Philippine Heraldy Commission,
for insignia of ranks, awards and medals of honor;

(n) 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; and

(o) Perform such other functions necessary to carry out the provisions of this Act and as the President may direct.

In times of national emergency, all elements of the PNP, the Bureau of Fire Protection, and the Bureau of Jail Management and
Penology shall, upon direction of the President, assist the Armed Forces of the Philippines in meeting the national emergency.

The complementary relationship between the Department of the Interior and Local Government and the Department of National
Defense in any of the preceding eventualities shall be jointly prescribed by their respective Secretaries in a memorandum of agreement
that shall thereafter be published and implemented.

THE PHILIPPINE NATIONAL POLICE ORGANIZATION

Powers and Functions. – The PNP shall have the following powers and functions:

(a) Enforce all laws and ordinances relative to the protection of lives and properties;

(b) Maintain peace and order and take all necessary steps to ensure public safety;

(c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution;

(d) Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws;

(e) Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights
under the Constitution;

(f) Issue licenses for the possession of firearms and explosives in accordance with law;

(g) Supervise and control the training and operations of security agencies and issue licenses to operate security agencies, and to
security guards and private detectives, for the practice of their professions; and

(h) Perform such other duties and exercise all other functions as may be provided by law.

In addition, the PNP shall absorb the office of the National Action Committee on Anti-Hijacking (NACAH) of the Department of
National Defense, all the functions of the present Philippine Air Force Security Command (PAFSECOM), as well as the police
functions of the Coast Guard. In order to perform its powers and functions efficiently and effectively, the PNP shall be provided with
adequate land, sea, and air capabilities and all necessary material means of resources.

Powers, Functions and term of Office of the PNP Chief . – The command and direction of the PNP shall be vested in the Chief of the
PNP who shall have the power to direct and control tactical as well as strategic movements, deployment, placement, utilization of the
PNP or any of its units and personnel, including its equipment, facilities and other resources. Such command and direction of the
Chief of the PNP may be delegated to subordinate officials with the respect to the units under their respective commands, in
accordance with the rules and regulation prescribed by the Commission. The Chief of the PNP shall also have the power to issue
detailed implementing policies and instructions regarding personnel, funds, properties, records, correspondence and such other matters
as may be necessary to effectivity carry out the functions, powers and duties of the Bureau. The Chief of the PNP shall be appointed
by the President from among the senior officers down to the rank of chief superintendent, subject to confirmation by the Commission
on Appointments: Provided, That the Chief of the PNP shall serve a term of office not to exceed four (4) years: Provided, further, That
in times of war or other national emergency declared by Congress, the President may extend such term of office.
Manning Levels. – On the average nationwide, the manning levels of the PNP shall be approximately in accordance with a police-to-
population ratio of one (1) policeman for every five hundred (500) persons. The actual strength by cities and municipalities shall
depend on the state of peace and order, population density and actual demands of the service in the particular area: Provided, That the
minimum police-to-population ratio shall not be less than one (1) policeman for every one thousand (1,000) persons: Provided,
further, That urban areas shall have a higher minimum police-to-population ratio as may be prescribed by regulations.

OLD RANK CLASSIFICATION

Director General
Deputy Director General
Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector

Inspector
Senior Police Officer IV
Senior Police Officer III
Senior Police Officer II
Senior Police Officer I
Police Officer III
Police Officer II
Police Officer I
Key Positions. – The head of the PNP with the rank director general shall have the position title of Chief of the PNP. The second in
command of the PNP with the rank of deputy director general shall be the Deputy Chief of the PNP for Administration. The third in
command with the rank also of deputy director general shall be the Deputy Chief of the PNP for Operations.

o At the national office, the head of the directorial staff with the rank of deputy director general shall be known as Chief of the
Directorial Staff of the PNP.
o The heads of the various staff divisions in the directorial staff shall have the rank of director with the position title of Director
of the Directorial Staff of their respective functional divisions. The head of the Inspectorate Division with the rank of chief
superintendent shall assume the position title of Inspector General. The heads of the administrative and operational support
divisions shall have the rank of chief superintendent.
o The head of the NCR with the rank of director shall assume the position title of NCR Director.
o The heads of the regional offices with the rank of chief superintendent shall assume the position title of Regional Director.
o The heads of the NCR district offices with the rank of chief superintendent shall have the position title of District Director.
o The heads of provincial offices with the rank of senior superintendent shall be known as Provincial Director.
o The heads of the district offices with the rank of superintendent shall have the position title of District Director.
o The heads of the municipality or city offices with the rank of chief inspector shall be known as Chief of Police.

General Qualifications for Appointment. – No person shall be appointed as officer or member of the PNP unless he possesses the
following minimum qualifications:

 A citizen of the Philippines;


 A person of good moral conduct;
 Of sound mind and body;
 Must possess a formal baccalaureate degree for appointment as officer and must have finished at least second year college or
the equivalent of seventy-two (72) collegiate units for appointment as non-officer or an equivalent training or experience for
those already in the service upon the effectivity of this Act.
 Must be eligible in accordance with the standards set by the Commission;
 Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in
the Government;
 Must not have been convicted be final judgment of an offense or crime involving moral turpitude;
 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;
 Must weight not more or less than five kilograms (5 kg.) of the standard weight corresponding to his or her height, age, and
sex; and
 For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age.
APPOINTMENT OF PNP OFFICERS AND MEMBERS

(a) Police Officer I to Senior Police Officer IV . – Appointed by the PNP regional director for regional personnel or by the Chief of the
PNP for the national headquarters personnel and attested by the Civil Service Commission.

(b) Inspector to Superintendent. – Appointed by the Chief of the PNP, as recommended by their immediate superiors, attested by the
Civil Service Commission;

(c) Senior Superintendent to Deputy Director General. – Appointed by the President upon recommendation of the chief of the PNP,
with proper endorsement by the Chairman of the Civil Service Commission and subject to confirmation by the Commission on
Appointments; and

(d) Director General. – Appointed by the President from among the senior officers down to the rank of chief superintendent in the
service, subject to confirmation by the Commission on Appointments: Provided, That the Chief of the PNP shall serve a tour of duty
not to exceed four (4) years: Provided, further, That, in times of war or other national emergency declared by Congress, the President
may extend such tour of duty.
Lateral Entry of Officers into the PNP. – In general, all original appointments of commissioned officers in the PNP shall commence
with the rank of inspector, to include all those with highly technical qualifications applying for the PNP technical services, such as
dentist, optometrists, nurses, engineers, and graduates of forensic sciences. Doctors of medicine, members of the Bar, and chaplains
shall be appointed to the rank of senior inspector in their particular technical service. Graduates of the Philippine National Police
Academy (PNPA) shall be automatically appointed to the initial rank of inspector. Licensed criminologists may be appointed to the
rank of inspector to fill up any vacancy after promotions from the ranks are completed.

SUPPORT UNITS

ADMINISTRATIVE SUPPORT UNITS

(1) Crime Laboratory. There shall be established a central Crime Laboratory to be headed by a Director with the rank of chief
superintendent, which shall provides scientific and technical investigative aid and support to the PNP and other government
investigative agencies.

(2) Logistic Unit. – Headed by a Director with the rank of chief superintendent, the Logistics Unit shall be responsible for the
procurement, distributions and management of all the logistical requirements of the PNP including firearms and ammunition.

(3) Communications Unit. – Headed by a Director with the rank of chief superintendent, the Communications Unit shall be
responsible for establishing an effective police communications network.

(4) Computer Center. – Headed by a Director with the rank of chief superintendent, the Computer Center shall be responsible for the
design, implementation and maintenance of a database system for the PNP.

(5) Finance Center. – Headed by a Director with the rank of chief superintendent, the Finance Center shall be responsible for
providing finance services to the PNP.

(6) Civil Security Unit. – Headed by a Director with the rank of chief superintendent, the Civil Security Unit shall provide
administrative services and general supervision over organization, business operation and activities of all organized private detectives,
watchmen, security guard agencies and company guard houses.

The unit shall likewise supervise the licensing and registration of firearms and explosives.

The approval applications for licenses to operate private security agencies, as well as the issuance of licenses to security guards and
the licensing of firearms and explosives, shall be decentralized to the PNP regional offices.

OPERATIONAL SUPPORT UNITS

(1) Maritime Police Unit. Headed by a Director with the rank of chief superintendent, the Maritime Police Unit shall perform all
police functions over Philippine territorial waters and rivers.

(2) Police Intelligence Unit. – Headed by a Director with the rank of chief superintendent, the Police Intelligence Unit shall serve as
the intelligence and counterintelligence operating unit of the PNP.

(3) Police Security Unit. – Headed by a Director with the rank of chief superintendent, Police Security Unit shall provide security for
government officials, visiting dignitaries and private individuals authorized to be given protection.

(4) Criminal Investigation Unit. – Headed by a Director with the rank of chief superintendent, the Criminal Investigation Unit shall
undertake the monitoring, investigation and prosecution of all crimes involving economic sabotage, and other crimes of such
magnitude and extent as to indicate their commission by highly placed or professional criminal syndicates and organizations.

This unit shall likewise investigate all major cases involving violations of the Revised Penal Code and operate against organized crime
groups, unless the President assigns the case exclusively to the National Bureau of Investigation (NBI).

(5) Special Action Force. – Headed by a Director with the rank of chief superintendent, the Special Action Force shall function as a
mobile strike force or reaction unit to augment regional, provincial, municipal and city police forces for civil disturbance control,
counterinsurgency, hostage-taking rescue operations, and other special operations.

(6) Narcotics Unit. – Headed by a Director with the rank of chief superintendent, the Narcotics Unit shall enforce all laws relative to
the protection of the citizenry against dangerous and other prohibited drugs and substances.

(7) Aviation Security Unit. – Headed by a Director with the rank of chief superintendent, the Aviation Security Unit, in coordination
with airport authorities, shall secure all the country's airports against offensive and terroristic acts that threaten civil aviation, exercise
operational control and supervision over all agencies involved in airport security operation, and enforce all laws and regulations
relative to air travel protection and safety.

(8) Traffic Management Unit. – Headed by a Director with the rank of chief superintendent, the Traffic Management Unit shall
enforce traffic laws and regulations.

(9) Medical and Dental Centers. – Headed by a Director with the rank of chief superintendent, the Medical and Dental Centers shall be
responsible for providing medical and dental services for the PNP.

(10) Civil Relations Units. – Headed with a Director with the rank of chief superintendent, the Civil Relations Unit shall implement
plans and programs that will promote community and citizens' participation in the maintenance of peace and order and public safety.

Status of Members of the Philippine National Police. – The members of the PNP shall be considered employees of the National
Government and shall draw their salaries therefrom: Provided, That PNP members assigned in Metropolitan Manila, chartered cities
and first class municipalities may be paid in additional monthly allowance by the local government unit concerned.

PROFESSIONALISM, WELFARE AND BENEFITS


Performance Evaluation System. – There shall be established a performance evaluation system which shall be administered in
accordance with the rules, regulations and standards, and a code of conduct promulgated by the Commission for members of the PNP.
Such performance evaluation system be administered in such a way as to foster the improvement of individual efficiency and
behavioral discipline as well as the promotion of organizational effectiveness and respect for the constitutional and human rights of
citizens, democratic principles and ideals and the supremacy of civilian authority over the military.

The rating system as contemplated herein shall be based on standards prescribed by the Commission and shall consider results of
annual physical, psychological and neuropsychiatric examinations conducted on the PNP officer or member concerned.

Promotions. – (a) A member of the PNP shall not be eligible for promotion to a higher position or rank unless he has successfully
passed the corresponding promotional examination given by the Commission, or the Bar or corresponding board examinations for
technical services and other professions, and has satisfactorily completed an appropriate and accredited course in the PNP or
equivalent training institutions. In addition, no member of the PNP shall eligible for promotion unless he has been cleared by the
People's Law Enforcement Board (PLEB) of complaints proffered against him, if any.

(b) Special promotion may be extended to any member of the PNP for acts of conspicuous courage and gallantry at the risk of his life
above and beyond the call of duty, or selected as such in a nationwide search conducted by the PNP or any accredited civic
organization.

Compulsory Retirement. – Compulsory retirement, for officer and non-officer, shall be upon the attainment of age fifty-six (56):
Provided, That, in case of any officer with the rank of chief superintendent, director or deputy director general, the Commission may
allow his retention in the service for an unextendible period of one (1) year.

Optional Retirement. – Upon accumulation of at least twenty (20) years of satisfactory active service, an officer or non-officer, at his
own request and with the approval of the Commission, shall be retired from the service and entitled to receive benefits provided by
law.

ADMINISTRATIVE DISCIPLINARY MACHINERY

(a) Citizen's Complaints. – Any complaint by an individual 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 or 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 of 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. – In 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 the administrative punishment of admonition or reprimand;
restriction to specified limits; 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; restriction to specified
limits; 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.

(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 an 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 or tardiness;

(4) Habitual drunkenness; and


(5) Gambling prohibited by law.

Summary Dismissal Powers of the PNP Chief and Regional Directors. – The Chief of the PNP and 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 conduct unbecoming of a police officer.

People's Law Enforcement Board (PLEB). – (a) Creation and Functions. – Within thirty (30) days from the issuance of the
implementing rules and regulations by the Commission, there shall be created by the sangguniang panlungsod/bayan in every city and
municipality 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 municipality and for each of the legislative districts in a city. The PLEB shall have jurisdiction to hear and
decide citizen's complaints or cases filed before it against erring officers and members of the PNP. There shall be at least one (1)
PLEB for every five hundred (500) city or municipal police personnel.

Composition and Term of Office. – The PLEB shall be composed of the following:

(1) Any member of the sangguniang panlungsod/bayan chosen by his respective sanggunian;

(2) Any barangay captain of the city or municipality concerned chosen by the association of barangay captains; and

(3) Three (3) other members who shall be chosen by the 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 member of the Bar or, in the absence thereof, a college
graduate, or the principal of the central elementary school in the locality.

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 two (2) years from assumption of office. Such member shall hold office until his successor shall have been chosen and
qualified.

(c) Compensation – Membership in the PLEB is a civic duty. However, PLEB members may be paid per diem as may be determined
by the city or municipal council from city or municipal funds.

(d) Procedure – (1) The PLEB, by a majority vote of all its members and its Chairman shall determine whether or not the respondent
officer or member of the PNP is guilty of the charge upon which the complaint is based.

(2) Each case shall be decided within sixty (60) days from the time the case has been filed with the PLEB.

(3) The procedures in the PLEB shall be summary in nature, conducted in accordance with due process, but without strict regard to
technical rules of evidence.

(4) The Commission shall issue the necessary implementing guidelines and procedures to be adopted by the PLEB, including
graduated penalties which may be imposed by the PLEB.

(5) The Commission may assign the present NAPOLCOM hearing officers to act as legal consultants of the PLEBs and provide,
whenever necessary, legal services, assistance and advise to the PLEBs in hearing and deciding cases against officers and members of
the PNP, especially those involving difficult questions of law: Provided, That these lawyers may also be assigned to investigate claims
for death and disability benefits of PNP members or their heirs.

(e) Decisions – The decision of the PLEB shall become final and executory: Provided, That a decision involving demotion or
dismissal from the service may be appealed by either party with the regional appellate board within ten (10) days from receipt of the
copy of the decision.

Section 44. Disciplinary Appellate Boards. – The formal administrative disciplinary machinery for the PNP shall be the National
Appellate Board and the regional appellate boards.

The National Appellate Board shall consist of four (4) divisions, each division composed of a Commissioner as Chairman and two (2)
other members. 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.

Finality of Disciplinary Action. – The disciplinary action imposed upon a member of the PNP shall be final and executory: Provided,
That a disciplinary action imposed by the regional director or by the PLEB involving demotion or dismissal from the service may be
appealed to the regional appellate board within ten (10) days from receipt of the copy of the notice of decision: Provided, further, That
the disciplinary action imposed by the Chief of the PNP involving demotion or dismissal may be appealed to the National Appellate
Board within ten (10) days from receipt thereof: Provided, furthermore, That the regional or National Appellate Board, as the case
may be, shall decide the appeal within sixty (60) days from receipt of the notice of appeal: Provided, finally, That failure of the
regional appellate board to act on the appeal within said period shall render the decision final and executory without prejudice,
however, to the filing of an appeal by either party with the Secretary.

Jurisdiction in Criminal Cases. – Any provision of law to the contrary notwithstanding, criminal cases involving PNP members shall
within the exclusive jurisdiction of the regular courts: Provided, That the courts-martial appointed pursuant to Presidential Decree No.
1850 shall continue to try PC-INP members who have already been arraigned, to include appropriate actions thereon by the reviewing
authorities pursuant to Commonwealth Act No. 408, otherwise known as the Articles of War, as amended, and Executive Order No.
178, otherwise known as the Manual for Courts-Martial: Provided, further, That criminal cases against PC-INP members who may
have not yet been arraigned upon the effectivity of this Act shall be transferred to the proper city or provincial prosecutor or municipal
trial court judge.

BUREAU OF FIRE PROTECTION

The Bureau of Fire Protection, hereinafter referred to as the Fire Bureau, is hereby created initially consisting of the existing officers
and uniformed members of the fire service of the Integrated National Police as constituted under Presidential Decree No. 765.

Powers and Functions. – The Fire Bureau shall be responsible for the prevention and suppression of all destructive fires on buildings,
houses and other structures, forest, land transportation vehicles and equipment, ships or vessels docked at piers or wharves or
anchored in major seaports, petroleum industry installations, plane crashes and other similar incidents, as well as the enforcement of
the Fire Code and other related laws.

The Fire Bureau shall have the power to investigate all causes of fires and, if necessary, file the proper complaints with the city or
provincial prosecutor who has jurisdiction over the case.

Organization. – The Fire Bureau shall be headed by a chief who shall be assisted by a deputy chief. It shall be composed of provincial
offices, district offices and city or municipal stations.

At the provincial level, there shall be an office of the provincial fire marshall which shall implement the policies, plans and programs
of the Department; and monitor, evaluate and coordinate the operations and activities of the fire service operating units at the city and
municipal levels. In the case of large provinces, district offices may be established, to be headed by a district fire marshall.

At the city or municipal level, there shall be a fire station, each headed by a city or municipal fire marshall: Provided, That, in the case
of large cities and municipalities, a district office with subordinate fire stations headed by a district fire marshall may be organized as
necessary.

The Fire Chief shall recommended to the Secretary the organizational structure and staffing pattern, as well as the disciplinary
machinery for officers and men of the Bureau, in accordance with the guidelines set forth herein and as provided in Section 85 of this
Act.

The local government units at the city and municipal levels shall be responsible for the fire protection and various emergency services
such as rescue and evacuation of injured people at fire-related incidents and, in general, all fire prevention and suppression measures
to secure the safety of life and property of the citizenry.

Establishment of Fire Station. – There shall be established at least one (1) fire station with adequate personnel, firefighting facilities
and equipment in every provincial capital, city and municipality subject to the standards, rules and regulations as may be promulgated
by the Department. The local government unit shall, however, provide the necessary and or site of the station.

Qualification Standards. – The qualification standards of the members of the Fire Bureau shall be as prescribed by the Department
based on the requirement of the service.

Rank Classification. – For purposes of efficient administration, supervision and control, the rank classification of the members of the
Fire Bureau shall be as follows:

Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Fire Officer IV
Senior Fire Officer III

Senior Fire Officer II


Senior Fire Officer I
Fire Officer III
Fire Officer II
Fire Officer I

Key Positions. – The head of the Fire Bureau with the rank of director shall have the position title of Chief of the Fire Bureau. He shall
be assisted by a deputy chief with the rank of chief superintendent.

The assistant heads of the Department's regional offices with the rank of senior superintendent shall assume the position title of
Assistant Regional Director for Fire Protection as provided in Section 11 of this Act; the heads of the NCR district offices with the
rank of senior superintendent shall have the position title of District Fire Marshall; the heads of the provincial offices with the rank of
superintendent shall be known as Provincial Fire Marshall; the heads of the district offices with the rank of chief inspector shall have
the position title of District Fire Marshall; and the heads of the municipal or city stations with the rank of senior inspector shall be
known as Chief of Municipal/City Fire Station.

BUREAU OF JAIL MANAGEMENT AND PENOLOGY

The Bureau of Jail Management and Penology, hereinafter referred to as the Jail Bureau, is hereby created initially consisting of
officers and uniformed members of the Jail Management and Penology Service as constituted under Presidential Decree No. 765.
Powers and Functions. – The Jail Bureau shall exercise supervision and control over all city and municipal jails. The provincial jails
shall be supervised and controlled by the provincial government within its jurisdiction, whose expenses shall be subsidized by the
National Government for not more than three (3) years after the effectivity of this Act.

Organization. – The Jail Bureau shall be headed by a Chief who shall be assisted by a deputy chief.

The jail Bureau shall composed of city and municipal jails, each headed by a city or municipal jail warden: Provided, That, in the case
of large cities and municipalities, a district jail with subordinate jails headed by a district jail warden may be established as necessary.

The Chief of the Jail Bureau shall recommended to the Secretary the organizational structure and staffing pattern of the Bureau as well
as the disciplinary machinery for officers and men of the Bureau in accordance with the guidelines set forth herein and as prescribed in
Section 85 of this Act.

Establishment of District, City or Municipal Jail. – There shall be established and maintained in every district, city and municipality a
secured, clean adequately equipped and sanitary jail for the custody and safekeeping of city and municipal prisoners, any fugitive from
justice, or person detained awaiting investigation or trial and/or transfer to the national penitentiary, and/or violent mentally ill person
who endangers himself or the safety of others, duly certified as such by the proper medical or health officer, pending the transfer to a
medical institution.

The municipal or city jail service shall preferably be headed by a graduate of a four (4) year course in psychology, psychiatry,
sociology, nursing, social work or criminology who shall assist in the immediate rehabilitation of individuals or detention of prisoners.
Great care must be exercised so that the human rights of this prisoners are respected and protected, and their spiritual and physical
well-being are properly and promptly attended to.

Rank Classification. – For purpose of efficient administration, supervision and control, the rank classification of the members of the
Jail Bureau shall be as follows:

Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Jail Officer IV
Senior Jail Officer III
Senior Jail Officer II
Senior Jail Officer I
Jail Officer III
Jail Officer II
Jail Officer I
Key Positions. – The head of the Jail Bureau with the rank of director shall have the position title of Chief of Jail Bureau. He shall be
assisted by a deputy chief with the rank of chief superintendent.

The assistant heads of the Department's regional offices with the rank of senior superintendent shall assume the position title of
Assistant Regional Director of Jail Management and Penology as provided by Section 12 of this Act; the heads of district offices with
the rank of chief inspector shall have the position title of District Jail Warden; and the heads of the city or municipal stations with the
rank of senior inspector shall be known as City/Municipal Jail Warden.

THE PHILIPPINE PUBLIC SAFETY COLLEGE

Creation of the Philippine Public Safety College. – There is hereby created the Philippine Public Safety College (PPSC), which shall
be the premier educational institution for the training, human resource development and continuing education of all personnel of the
PNP, Fire and Jail Bureaus.

Said College shall be under the direct supervision of a Board of Trustees composed of the Secretary and the three (3) bureau heads.

Composition, Powers and Functions. – The College shall consist of the present Philippine National Police Academy (PNPA)
established pursuant to Section 13 of Presidential Decree No. 1184, the Fire Service Training Center, the Philippine National Training
Center (PNTC), the National Police College, and other special training centers as may be created by the Department, whose functions
shall be as follows:

(a) Formulate and implement training programs for the personnel of the Department;

(b) Establish and maintain adequate physical training facilities;

(c) Develop and implement research and development to support educational training programs;

(d) Conduct an assessment of the training needs of all its clientele; and

(e) Perform such other related functions as may be prescribed by the Secretary.

Organization. – The structure and staffing pattern of the College shall be prescribed by the Secretary.

Republic Act No. 8551 (February 25, 1998)

"Philippine National Police Reform and Reorganization Act of 1998".

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.

THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS

Section 12 of Republic Act No. 6975 is hereby amended to read as follows:

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."

THE NATIONAL POLICE COMMISSION

Section 4. Section 13 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 13. Creation and Composition. – A National Police Commission, hereinafter referred to as the Commission, is hereby created
for the purpose of effectively discharging the functions prescribed in the Constitution and provided in this Act. The Commission shall
be an agency attached to the Department for policy and program coordination. It shall be composed of a Chairperson, four (4) regular
Commissioners, and the Chief of PNP as ex-officio member. Three (3) of the regular commissioners shall come from the civilian
sector who are neither active nor former members of the police or military, one (1) of whom shall be designated as vice chairperson by
the President. The fourth regular commissioner shall come from the law enforcement sector either active or retired: Provided, That an
active member of a law enforcement agency shall be considered resigned from said agency once appointed to the Commission:
Provided, further, That at least one (1) of the Commissioners shall be a woman. The Secretary of the Department shall be the ex-
officio Chairperson of the Commission, while the Vice Chairperson shall act as the executive officer of the Commission."

Section 5. Section 14 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 14. Powers and Functions of the Commission. – The Commission shall exercise the following powers and functions:

"(a) Exercise administrative control and operational supervision over the Philippine National Police which shall mean the power to:

"1) Develop policies and promulgate a police manual prescribing rules and regulations for efficient organization, administration, and
operation, including criteria for manpower allocation, distribution and deployment, recruitment, selection, promotion, and retirement
of personnel and the conduct of qualifying entrance and promotional examinations for uniformed members;

"2) Examine and audit, and thereafter establish the standards for such purposes on a continuing basis, the performance, activities, and
facilities of all police agencies throughout the country;

"3) Establish a system of uniform crime reporting;

"4) Conduct an annual self-report survey and compile statistical data for the accurate assessment of the crime situation and the proper
evaluation of the efficiency and effectiveness of all police units in the country;

"5) Approve or modify plans and programs on education and training, logistical requirements, communications, records, information
systems, crime laboratory, crime prevention and crime reporting;

"6) Affirm, reverse or modify, through the National Appellate Board, personnel disciplinary actions involving demotion or dismissal
from the service imposed upon members of the Philippine National Police by the Chief of the Philippine National Police;

"7) Exercise appellate jurisdiction through the regional appellate boards over administrative cases against policemen and over
decisions on claims for police benefits;

"8) Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the Philippine Heraldry Commission,
for insignia of ranks, awards, and medals of honor. Within ninety (90) days from the effectivity of this Act, the standards of the
uniformed personnel of the PNP must be revised which should be clearly distinct from the military and reflective of the civilian
character of the police;

"9) Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its own powers and duties, and designate who
among its personnel can issue such processes and administer oaths in connection therewith;

"10) Inspect and assess the compliance of the PNP on the established criteria for manpower allocation, distribution, and deployment
and their impact on the community and the crime situation, and thereafter formulate appropriate guidelines for maximization of
resources and effective utilization of the PNP personnel;

"11) Monitor the performance of the local chief executives as deputies of the Commission; and

"12) Monitor and investigate police anomalies and irregularities.

"b) Advise the President on all matters involving police functions and administration;

"c) Render to the President and to the Congress an annual report on its activities and accomplishments during the thirty (30) days after
the end of the calendar year, which shall include an appraisal of the conditions obtaining in the organization and administration of
police agencies in the municipalities, cities and provinces throughout the country, and recommendations for appropriate remedial
legislation;
"d) Recommend to the President, through the Secretary, within sixty (60) days before the commencement of each calendar year, a
crime prevention program; and

"e) Perform such other functions necessary to carry out the provisions of this Act and as the President may direct."

Section 6. Section 15 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 15. Qualifications. – No person shall be appointed regular member of the Commission unless:

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

"(b) A member of the Philippine Bar with at least five (5) years experience in handling criminal or human rights cases or a holder of a
master's degree but preferably a doctorate degree in public administration, sociology, criminology, criminal justice, law enforcement,
and other related disciplines; and

"(c) The regular member coming from the law enforcement sector should have practical experience in law enforcement work for at
least five (5) years while the three (3) other regular commissioners must have done extensive research work or projects on law
enforcement, criminology or criminal justice or members of a duly registered non-government organization involved in the promotion
of peace and order."

Section 7. Section 16 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 16. Term of Office. – The four (4) regular and full-time Commissioners shall be appointed by the President for a term of six (6)
years without re-appointment or extension."

Section 8. Expiration of the Terms of Office of Current Commissioners. – Upon the effectivity of this Act the terms of office of the
current Commissioners are deemed expired which shall constitute a bar to their reappointment or an extension of their terms in the
Commission except for current Commissioners who have served less than two (2) years of their terms of office who may be appointed
by the President for a maximum term of two (2) years.

Section 9. Section 17 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 17. Temporary or Permanent Incapacity of the Chairperson. – In case of absence due to the temporary incapacity of the
chairperson, the Vice chair shall serve as Chairperson until the Chairperson is present or regains capacity to serve. In case of death or
permanent incapacity or disqualification of the chairperson, the acting chairperson shall also act as such until a new chairperson shall
have been appointed by the President and qualified."

Section 10. Section 20 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 20. Organizational Structure. – The Commission shall consist of the following units:

"(a) Commission Proper. – This is composed of the offices of the Chairman and four (4) Commissioners.

"(b) Staff Services. – The staff services of the Commission shall be as follows:

"(1) The Planning and Research Service, which shall provide technical services to the Commission in areas of overall policy
formulation, strategic and operational planning, management systems or procedures, evaluation and monitoring of the Commission's
programs, projects and internal operations; and shall conduct thorough research and analysis on social and economic conditions
affecting peace and order in the country;

"(2) The Legal Affairs Service, which shall provide the Commission with efficient and effective service as legal counsel of the
Commission; draft or study contracts affecting the Commission and submit appropriate recommendations pertaining thereto; and
render legal opinions arising from the administration and operation of the Philippine National Police and the Commission;

"(3) The Crime Prevention and Coordination Service, which shall undertake criminological researches and studies; formulate a
national crime prevention plan; develop a crime prevention and information program and provide editorial direction for all
criminology research and crime prevention publications;

"(4) The Personnel and Administrative Service, which shall perform personnel functions for the Commission, administer the entrance
and promotional examinations for policemen, provide the necessary services relating to records, correspondence, supplies, property
and equipment, security and general services, and the maintenance and utilization of facilities, and provide services relating to
manpower, career planning and development, personnel transactions and employee welfare;

"(5) The Inspection, Monitoring and Investigation Service, which shall conduct continuous inspection and management audit of
personnel, facilities and operations at all levels of command of the PNP, monitor the implementation of the Commission's programs
and projects relative to law enforcement; and monitor and investigate police anomalies and irregularities;

"(6) The Installations and Logistics Service, which shall review the Commission's plans and programs and formulate policies and
procedures regarding acquisition, inventory, control, distribution, maintenance and disposal of supplies and shall oversee the
implementation of programs on transportation facilities and installations and the procurement and maintenance of supplies and
equipment; and

"(7) The Financial Service, which shall provide the Commission with staff advice and assistance on budgetary and financial matters,
including the overseeing of the processing and disbursement of funds pertaining to the scholarship program and surviving children of
deceased and/or permanently incapacitated PNP personnel.

"(c) Disciplinary Appellate Boards – The Commission shall establish a formal administrative disciplinary appellate machinery
consisting of the National Appellate Board and the regional appellate boards.
"The National Appellate Board shall decide cases on appeal from decisions rendered by the PNP chief, while the regional appellate
boards shall decide cases on appeal from decisions rendered by officers other than the PNP chief, the mayor, and the People's Law
Enforcement Board (PLEB) created hereunder."

THE PHILIPPINE NATIONAL POLICE

A. REORGANIZATION

Section 13. Authority of the Commission to Reorganize the PNP. – Notwithstanding the provisions of Republic Act No. 6975 on the
organizational structure and rank classification of the PNP, the Commission shall conduct a management audit, and prepare and
submit to Congress a proposed reorganization plan of the PNP not later than December 31, 1998, subject to the limitations provided
under this Act and based on the following criteria: a) increased police visibility through dispersal of personnel from the headquarters
to the field offices and by the appointment and assignment of non-uniformed personnel to positions which are purely administrative,
technical, clerical or menial in nature and other positions which are not actually and directly related to police operation; and b)
efficient and optimized delivery of police services to the communities.

The PNP reorganization program shall be approved by Congress through a joint resolution.

B. QUALIFICATIONS UPGRADING

Section 14. Section 30 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 30. General Qualifications for Appointment. – No person shall be appointed as officer or member of the PNP unless he or she
possesses the following minimum qualifications:

"a) A citizen of the Philippines;

"b) A person of good moral conduct;

"c) Must have passed the psychiatric/psychological, drug and physical tests to be administered by the PNP or by any NAPOLCOM
accredited government hospital for the purpose of determining physical and mental health;

"d) Must possess a formal baccalaureate degree from a recognized institution of learning;

"e) Must be eligible in accordance with the standards set by the Commission;

"f) Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in the
Government;

"g) Must not have been convicted by final judgment of an offense or crime involving moral turpitude;

"h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male and one meter and fifty-seven centimeters (1.57
m.) for female;

"i) Must weigh not more or less than five kilograms (5 kgs.) from the standard weight corresponding to his or her height, age, and sex;
and

"j) For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age: except for the last qualification,
the above-enumerated qualifications shall be continuing in character and an absence of any one of them at any given time shall be a
ground for separation or retirement from the service: Provided, That PNP members who are already in the service upon the effectivity
of this Act shall be given at least two (2) more years to obtain the minimum educational qualification and one (1) year to satisfy the
weight requirement.

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.

"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."

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:

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.

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.

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."
Section 53. Section 42 of Republic Act No. 6975 is hereby amended to read as follows:

"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."

Section 54. Section 44 of Republic Act No. 6975 is hereby amended to read as follows:

"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."

Section 56. Section 49 of Republic Act No. 6975 is hereby amended to read as follows:

"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."

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.

REPUBLIC ACT No. 11200


An Act Providing for the Rank Classification in the Philippine National Police, Amending for the Purpose Section 28 of Republic Act
No. 6975, as Amended, Otherwise Known as the "Department of the Interior and Local Government Act of 1990"

" Rank Classification.— For purposes of clarity of command and responsibility, and for the effective and efficient administration,
supervision and control, the rank classification of the uniformed personnel of the PNP shall be as follows:

"Police General
"Police Lieutenant General
"Police Major General
"Police Brigadier General
"Police Colonel
"Police Lieutenant Colonel
"Police Major
"Police Captain
"Police Lieutenant
"Police Executive Master Sergeant
"Police Chief Master Sergeant
"Police Senior Master Sergeant
"Police Master Sergeant
"Police Staff Sergeant
"Police Corporal
"Patrolman/Patrolwoman"
Section 2. The remaining provisions of Republic Act No. 6975, as amended by Republic Act No. 8551, otherwise known as the
"Philippine National Police Reform and Reorganization Act of 1998", that have reference to the rank classification of the uniformed
personnel of the Philippine National Police, and all other laws, executive orders, rules and regulations inconsistent with the provisions
of this Act shall be deemed modified or repealed accordingly.aa

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