Republic Act No. 9263 March 10 2004
Republic Act No. 9263 March 10 2004
Republic Act No. 9263 March 10 2004
What is Republic Act 6713 discuss the significant features of the said law?
An act establishing a code of conduct and ethical standards for public officials and
employees, to uphold the time-honored principle of public office being a public trust,
granting incentives and rewards for exemplary service, enumerating prohibited acts and
transactions and providing penalties for violations thereof ...
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand and three.
Republic Act No. 9263 March 10, 2004
Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
SECTION 1. Title. - This Act shall be known as the "Bureau of Fire Protection and Bureau of Jail
Management and Penology Professionalization Act of 2004."
SEC 2. Declaration of Policy and Principles. – It is declared policy of the state to maintain peace
and order, protect life, liberty and property, and promote the general welfare essential for the
enjoyment by all the people of the blessings of democracy (Article II, Section 5 of the Philippine
Constitution) Moreover it recognizes the responsibility of the state to strengthen government
capability aimed towards the strengthening of the delivery of basic services to the citizenry though
the institutionalization of highly efficient and competent fire and jail services.
It is provided for under Republic Act No. 6975, other wise known as the "Department of the Interior
and Local Government Act 1990", that the task of fire protection, and jail management and penology
shall be the responsibility of the Bureau of Fire Protection (BFP) and the Bureau of Jail Management
and Penology (BJMP), respectively.
Moreover, Section 3 of the Republic Act No. 8551, otherwise known as the "Philippine National
Police Reform and Reorganization Act of 1998", provides that in times of national emergency, BFP
and the BJMP along with the Philippine National Police (PNP) shall, upon the direction of the
President, assist the Armed Forces of the Philippines (AFP) in meeting the national emergency, in
addition to the performance of their inherent functions as mandated by law.
It is therefore recognized that the uniformed personnel of the BFP and the BJMP, as member of the
uniformed service of the government under the Department of the Interior and Local Government
(DILG), are required the same amount of sacrifice, service and dedication like their counterparts in
the4 PNP and the AFP to carry out their respective duties to the extent of risking their lives and
limbs.
Towards this end, the State shall provide for the Professionalization and restructuring of the BFP
and the BJMP by upgrading the level of qualifications of their uniformed personnel and standardizing
their base pay, retirement and other benefits, making it at par with those of the PNP and the AFP.
SEC. 3. Organization and Key Positions of the BFP and the BJMP. – The BFP and the BJMP
shall be respectively headed by a Chief who shall be assisted by two (2) deputy chiefs, one (1) for
administration and one (1) for operations, all of whom shall be appointed by the President upon
recommendation of the Secretary of the DILG from among the qualified officers with at least the rank
of senior superintendent in the service: Provided, that in no case shall any officer who has retired or
is retirable within six (6) months from his/her compulsory retirement age be appointed as Chief of the
Fire Bureau or Chief of the Jail Bureau, as the case may be, Provided, further, that the Chief of the
Fire Bureau and Chief of the Jail Bureau shall serve a tour of duty not to exceed four (4)
years: Provided, however, that in times of war or other national emergency declared by Congress,
the President may extend such tour of duty.
The Heads of the BFP and the BJMP with the rank of director shall have the position title of Chief of
the Fire Bureau and the Chief of the Jail Bureau, respectively. The second officers in command of
the BFP and the BJMP with the rank of chief superintendent shall have the position title of Deputy
Chief for Administration of the Jail Bureau, respectively. The third officer in command of the BFP and
the BJMP with the rank of chief superintendent shall have the position title of Deputy Chief for
Operation of Fire Bureau and Deputy Chief for Operation of the Jail Bureau, respectively. The fourth
officers in command of the BFP and the BJMP with the rank of chief superintendent shall have the
respective position title of Chief of Directorial Staff of the Fire Bureau and Chief of Directorial Staff of
the Jail Bureau, who shall be assisted by the directors of the directorates in the respective national
headquarters office with at least the rank of senior superintendent.
The BFP and the shall establish, operate and maintain their respective regional offices in each of the
administrative regions of the country which shall be respectively headed by a Regional Director for
Fire Protection and a Regional Director of Jail Management and Penology with the rank of senior
superintendent. He/She shall be respectively assisted by the following officers with the rank of
superintendent: Assistant Regional Director for Administration, Assistant Regional Director for
Operations, and Regional Chief of Directorial Staff.
c) Must have passed the psychiatric/psychological, drug and physical test for the purpose of
determining his/her physical and mental health;
f) Must not have been dishonorably discharged of dismissal for cause from previous
employment;
g) Must not have been convicted by final judgement 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: Provided, That a waiver for height
and age requirement \s shall be automatically granted to applicants belonging to the cultural
communities; and
i) Must weight not more or less than five kilograms (5 kgs.) from the standard weight
corresponding to his/her height, age and sex;
Provided, That a new applicants must be less than twenty one (21) nor more than thirty (30 years of
age: except for this particular provision, the above–enumerated qualifications shall be continuing in
character and an absence of any one of them at any given time shall be ground for separation or
retirement from the service: Provided, further, That the uniformed personnel who are already in the
service upon the effectivity of this Act shall be given five (5) years to obtain the minimum educational
qualification and one (1) year to satisfy the weight requirement.
After the lapse of the time of period for the satisfaction of a specific requirement, current uniformed
personnel of the BFP and the BJMP who will fail to satisfy any of the requirements enumerated
under this Section shall be separated from the service if they are below fifty (50) years of age and
have served in the government for less than twenty (20) years, or retired if they are age fifty (50) and
above and have served in the government for at least twenty (20) years without prejudice in either
case to the payment of benefits they may be entitled to under existing laws.
SEC. 5. Appointment of Uniformed Personnel to the BFP and the BJMP. – The appointment of
the BFP and the BJMP shall be effected in the following manners:
a) Fire/Jail Officer I to Senior Fire/Jail Officer IV. – Appointed by the respective Regional
Director for Fire Protection and Regional Director for Jail Management and Penology for the
regional office uniformed personnel or by the respective Chief of the Fire Bureau and Chief
of the Jail Bureau for the national headquarters office uniformed personnel, and attested by
the Civil Service Commission (CSC);
d) Fire/ Jail Chief Superintendent. To Fire/Jail Director.- Appointed by the President upon
recommendation of the Secretary of the DILG, with the proper endorsement by the Chairman
of the CSC.
SEC. 6. Lateral Entry of Officer into the BFP and the BJMP. – In general, all original
appointments of officers in the Fire Bureau and Jail Bureau shall commence the rank of fire/jail
inspector wherein applicants for lateral entry into the BFP shall include all those with highly
specialized and technical qualifications such as, but not limited to, civil engineers, mechanical
engineers, electrical engineers, chemical engineers, chemist, architects, criminologists, certified
public accountants, nurses, physical therapists, and dentists, while applicants for lateral entry into
the BJMP shall include all those with highly specialized and technical qualifications such as, but not
limited to, social workers, psychologists, teachers, nurses, dentists and engineers. Doctor of
Medicine, members of the Philippine Bar and chaplains shall be appointed to the rank of fire/jail
senior inspector in their particular technical service. Graduate of the Philippine National Police
Academy (PNPA) shall be automatically appointed to the initial rank of fire/jail inspector.
a) No person shall be designated to the following key positions of the BFP and the BJMP
unless he/she has met the qualifications provided therein:
1) Municipal Fire Marshal. – Should have the rank of senior inspector, who must
have finished at least second year Bachelor of Laws or earned at least twelve (12)
units in a master's degree program in public administration, management,
engineering, public safety, criminology or other related discipline from recognized
institution of learning, and must have satisfactory passed the necessary training of
career courses for such position as may be established by the Fire Bureau;
2) City Fire Marshal. - Should the rank of chief of senior inspector, who must have
finished at least second year Bachelor of Laws or earned at least twenty four (24)
units in a master's degree program in public administration, management,
engineering, public safety, criminology or other related disciplines from recognized
institution of learning, and must have satisfactory passed the necessary training or
career courses for such position as may be established by the Fire Bureau;
3) District Fire Marshal, Provincial Fire Marshal, Assistant Regional Director for
Administration, Assistant Regional Director for Operations and Regional Chief of
Directorial Staff. – Should have the rank of superintendent, who must be a graduate
of Bachelor of Laws or a holder of a mater's degree in public administration,
management, engineering, public safety, criminology or other related disciplines from
recognized institution of learning, and must have satisfactory passed the necessary
training or career courses for such position as may be established by the Fire
Bureau;
4) District Fire Marshal for the National Capital Region, Regional Director for Fire
Protection and Director of the Directorate of the National Headquarters Office. –
Should have at least the rank of senior superintendent, who must be a graduate of
Bachelor of Laws or a holder of master's degree in public administration,
management, engineering, public safety, criminology or other related disciplines from
a recognized institution of learning, and must have satisfactory passed the necessary
training or career course for such position as may be established by the Fire Bureau;
5) Deputy Chief for Administration of the Fire Bureau, Deputy Chief for Operations of
the Fire Bureau and Chief Directorial Staff of the Fire Bureau.- Should have the rank
of superintendent, who must be a member of the Philippine Bar or a holder of a
master's degree in public administration, management, engineering, public safety,
criminology or other related disciplines from recognized institution of learning, and
must have satisfactory passed the necessary training or career courses for such as
may be established by the Fire Bureau; and
6) Chief of the Fire Bureau. – Should have the rank of director, who must be a
member of the Philippine Bar or a holder of a master's degree in public
administration, management, engineering, public safety, criminology or other related
discipline from a recognized institution of learning, and must satisfactory passed the
necessary training or career courses for such position as may be established by the
Fire Bureau.
b) No person shall be designated to the following key positions of the BJMP unless he/she
has met the qualification provided therein:
1) Municipal Jail Warden. – Should have the rank of chief inspector, who have
finished at least second year Bachelor of Laws or earned at least twelve (12) units in
a master' degree program in management, public administration, public safety,
criminology, penology, sociology, national security administration, defense studies, or
other related disciplines from a recognized institution of learning, and must have
satisfactory passed the necessary training or career courses for such position as
may be established by the Jail Bureau;
2) City Jail Warden. – Should have the rank of chief inspector, who must have
finished at least second year Bachelor of Laws or earned at least twenty four (24)
units in master's degree program in management, public administration, public
safety, criminology, penology, sociology, national security administration, defense
studies or related disciplines from a recognized institution of learning and must
satisfactory passed the necessary training or career courses for such position as
may be established by the Jail Bureau: Provided, That in city jails with a population of
one thousand (1,000) or more inmates, the city jail warden shall the rank and
qualification of a district jail warden;
3) District Jail Warden, Provincial Jail Administrator, Assistant Regional Director for
Administration, Assistant Regional Director for Operations and Regional Chief of
Directorial Staff. – Should have the rank of senior superintendent, who must be a
graduate of Bachelor of Laws or a holder of a master's degree in management,
public administration, public safety, criminology, penology, sociology, national
security administration, defense studies or other related discipline from a recognized
institution of learning, and must satisfactory passed the necessary training or career
courses for such position as may be established by the Jail bureau;
4) Regional Director for Jail Management and Penology and Director of the
Directorate of the National Headquarters Office. – Should have the rank of senior
superintendent, who must be a graduate of Bachelor of Laws or a holder of a
master's degree in management, public administration, public safety, criminology,
penology, sociology, national security administration, defense studies or other related
discipline from a recognized institution of learning, and must satisfactory passed the
necessary training or career courses for such position as may be established by the
Jail bureau;
5) Deputy Chief for Administration of the Jail Bureau, Deputy Chief for Operations of
the Jail Bureau and Chief of Directorial Staff of the Jail Bureau. – Should have the
rank of senior superintendent, who must be a member of the Philippine Bar or a
holder of a master's degree in management, public administration, public safety,
criminology, penology, sociology, national security administration, defense studies or
other related discipline from a recognized institution of learning, and must
satisfactory passed the necessary training or career courses for such position as
may be established by the Jail bureau; and
6) Chief of the Jail Bureau. – Should have the rank of director, who must be a
member of the Philippine Bar or a holder of a master's degree in management, public
administration, public safety, criminology, penology, sociology, national security
administration, defense studies or other related discipline from a recognized
institution of learning, and must satisfactory passed the necessary training or career
courses for such position as may be established by the Jail bureau.
Any uniformed personnel of the BFP and the BJMP who is currently occupying such position but
lacks any of the qualifications mentioned therein shall be given three(3) years upon the effectivity of
this Act to comply with the requirements, otherwise he/she shall be relieved from the position.
SEC. 8. Professionalization and Qualifications Upgrading Program. – The DILG shall design
and establish a professionalization and qualifications upgrading program for uniformed personnel of
the BFP and the BJMP in coordination with the CSC and the Commission on Higher Education
(CHED) though an off-campus education program or other similar programs within ninety (90) days
from the effectivity of this Act.
SEC. 9. Attrition System for the Uniformed Personnel of the BFP and the BJMP. - There shall
be established a system of attrition for the uniformed personnel of the BFP and the BJMP within one
(1) year from the effectivty of this Act to be submitted by said bureaus to the DILG for approval. Such
attrition system shall include, but is not limited to, the provision of the following principles:
a) Attrition by Demotion in Position or Rank. – Any uniformed personnel of the BFP and the
BJMP who is relieved and assigned to a position lower than that is established for his/her
grade in the respective staffing pattern of the Fire Bureau and the Jail Bureau, and who shall
not be assigned to a position commensurate to his/her grade within two (2) years after such
demotion in position shall be separated or retired from the service;
b) Attrition by Non-Promotion. – Any uniformed personnel of the BFP and the BJMP who has
not been promoted for a continuous period of ten (10) years shall be separated or retired
from the service, except for those who are occupying a third-level position;
c) Attrition by Other Means. – Any uniformed personnel of the BFP and the BJMP with at
least five (5) years of accumulated active service shall be separated from the service based
on any of the following factors:
1) Inefficiency based on poor performance during the last two (2) successive
semestral ratings period;
2) Inefficiency based on poor performance for three (3) cumulative semestral rating
period;
4) Failure to complete the required career courses and/or appropriate civil service
eligibility for his/her position except for justifiable; and
d) Separation or Retirement from the Fire Bureau and the Jail Bureau under this Section. –
Any personnel who is dismissed from the BFP and the BJMP pursuant to the above-
enumerated principles in this Section shall be separated if he/she has rendered less than
twenty (20) years of service, and be retired if he/she has rendered at least twenty (20) years
of service unless the concerned personnel is disqualified by law to receive such benefits.
SEC. 10. Promotion System for the Uniformed Personnel of the BFP and BJMP. – Within six (6)
months after the effectivity of this Act, the DILG shall establish a system of promotion for the
uniformed personnel of the BFP and the BJMP though the following principles:
a) Rationalized Promotion System. – The system of promotion shall be based on merits and
on the availability of vacant ranks in the BFP and the BJMP staffing pattern. Such system
shall be gender-fair so as to ensure that women personnel of the Fire Bureau and the Jail
Bureau shall enjoy equal opportunity for promotion as to men;
b) Requirement for Promotion. -
1) Any personnel of the BFP and the BJMP shall not eligible for promotion to a higher
rank unless he/she has met the minimum qualification standards or the appropriate
civil service eligibility set by the CSC, and has the satisfactorily passed the required
psychiatric/psychological, drug and physical test;
2) Any personnel of the BFP and the BJMP who has exhibited act of conspicuous
courage and gallantry at the risk his/her life above and beyond the call of duty, or
selected as such in a nationwide search conducted by any accredited civic
organization, shall be promoted to the next higher rank, Provided, That these shall be
validated by the DILG and the CSC based on established criteria.
SEC. 11. Performance Evaluation System. - There shall be established a performance evaluation
system which shall be administered with accordance with the rules, regulations and standards, and a
code of conduct for the uniformed personnel of the BFP and the BJMP to be promulgated by the Fire
Bureau and the Jail Bureau through the DILG. Such performance evaluation system shall be
administered in such a way as to foster the improvement of the individual efficiency and behavioral
discipline as well as the promotion of organizational effectiveness and commitment to service.
The rating system as contemplated herein shall be based on standard prescribed by the Fire Bureau
and the Jail Bureau through the DILG and shall be consider the result of the annual
psychiatric/psychological and physical test conducted on the uniformed personnel of the BFP and
the BJMP.
SEC. 12. Standardization of the Base Pay, Retirement and other Benefits of the Uniformed
Personnel of the BFP and the BJMP. – In order to enhance the general welfare, commitment to
service and professionalism of the uniformed personnel of the BFP and the BJMP, they shall receive
the minimum starting salary equivalent to the salary grade level of the corresponding rank
classification of their counterparts in the PNP, as provided under Section 36 of Republic Act No.
8551, and in the AFP, as provided under Section 2 of Republic Act No. 9166.
The rate of the base pay of the uniformed personnel of the BFP and the BJMP shall be adjusted in
accordance with the following salary grade schedule:
Provided, That all benefits currently receive by the uniformed personnel of the BFP and the BJMP
under existing laws shall continue to be received by them: Provided, Further, That their retirement
pay shall be subject to adjustment/s based on the prevailing scale of base pay of the uniformed
personnel in the active service.
SEC. 13. Implementation. – The implementation of this Act shall be undertaken in staggered
phases, but not to exceed three (3) years, taking into consideration the financial position of the
national government: Provided, That any partial implementation shall be uniform and proportionate
for all ranks.
SEC. 14. Implementation Rules and Regulations. – The DILG in coordination with the BFP and
the BJMP, the CSC, the Department of Budget and Management (DBM), and the Department of
Finance (DOF) shall, within ninety (90) days from the effectivity of this Act, promulgate the rules and
regulations necessary to implement the provision of this Act.
SEC. 15. Annual Report. – The BFP and the BJMP through the DILG and the DBM shall jointly
submit to the President of the Senate and the Speaker of the House of Representatives an annual
report on the implementation of this Act. This report shall include information on the application of
the budget for the salary and other benefits provided under this Act. The DBM, in consultation with
the BFP and the BJMP though the DILG, shall periodically review and adjust every five (5) years the
rates of base pay, taking into consideration labor productivity, consumer price index, oil price and
other similar economic indicators as may be determined by the National Economic and Development
authority (NEDA).
SEC. 16. Separability Clause.- If any portion or provision of this Act is declared unconstitutional,
the same shall not affect the validity and effectivity of the other provisions not affected thereby.
SEC. 17. Repealing Clause. – All laws, decrees, orders, rules and regulations, and other issuances,
or parts thereof, which are inconsistent with the provisions of this Act, are hereby deemed repealed,
amended or modified accordingly.
SEC. 18. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.