Republic Act No.

9263

performance of their
mandated by law.

inherent

functions

as

March 10, 2004

AN
ACT
PROVIDING
FOR
THE
PROFESSIONALIZATION OF THE BUREAU OF
FIRE PROTECTION (BFP) AND THE BUREAU
OF JAIL MANAGEMENT AND PENOLOGY
(BJMP), AMENDING CERTAIN, PROVISIONS OF
REPUBLIC ACT NO. 6975, PROVIDING FUNDS
THEREOF AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in 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

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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.
SEC. 4. Professionalization and Upgrading of
Qualification Standards in the Appointment of
Uniformed Personnel to the BFP and the
BJMP. No person shall be appointed as
uniformed personnel of the BFP and the BJMP
unless he/she possesses the following minimum
qualifications:
a) A citizen of the Republic of the
Philippines;
b) A person of good moral character;
c)
Must
have
passed
the
psychiatric/psychological,
drug
and
physical test for the purpose of determining
his/her physical and mental health;
d) Must possess a baccalaureate degree
from recognized institution of learning;
e) Must possess the appropriate civil
service eligibility;
f) Must not have been dishonorably
discharged of dismissal for cause from
previous employment;

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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
aboveenumerated
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);
b) "Fire/Jail Inspector to Fire/Jail
Superintendent. Appointed by the
respective Chief of the Fire Bureau and
Chief of the Jail Bureau, as recommended
by their immediate superiors, and attested
by the CSC;
c) Fire/Jail Senior Superintendent.
Appointed by the Secretary of the DILG
upon recommendation of the respective
Chief of the Fire Bureau and Chief of the
Jail Bureau, with the proper attestation of
the CSC; and
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.

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SEC. 7. Professionalization and Upgrading of

Qualification Standards in the Designation of
Uniformed Personnel of the BFP and the BJMP
to Key Positions. 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 or 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 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

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.
Any uniformed personnel of the BFP and the
BJMP who is currently occupying such position but
lacks any of the qualifications mentioned therein

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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 effectivity 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 thirdlevel 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;
3)
Physical
and/or
mental
incapacity to perform his/her duties
and functions; or
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

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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:

RANK SALARY

14

Fire/Jail Officer II

12

Fire/Jail Officer I

10

GRADE

Fire/Jail Director

28

Fire/Jail Chief Superintendent

27

Fire/Jail Senior Superintendent

26

Fire/Jail Superintendent

25

Fire/Jail Chief Inspector

24

Fire/Jail Senior Inspector

23

Fire/ Jail Inspector

22

Senior Fire/Jail Officer IV

19

Senior Fire/Jail Officer III

18

Senior Fire/Jail Officer II

17

Senior Fire/Jail Officer I

16

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Fire/ Jail Officer III

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)

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newspapers of general circulation, whichever

comes earlier.

Approved,

FRANKLIN DRILON
President of the Senate

JOSE DE VENECIA JR.

Speaker of the House of