Republic Act 8551

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[REPUBLIC ACT 8551]

AN ACT PROVIDING FOR THE REFORM AND REORGANIZATION OF THE


PHILIPPINE NATIONAL POLICE AND FOR OTHER PURPOSES,
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NUMBERED
SIXTY-NINE HUNDRED AND SEVENTY-FIVE ENTITLED, “AN ACT
ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A RE-
ORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT, AND FOR OTHER PURPOSES”

TITLE I
TITLE AND DECLARATION OF POLICY

SECTION 1. Title. — This Act shall be known as the “Philippine National


Police Reform and Reorganization Act of 1998”.

SECTION 2. Declaration of Policy and Principles. — It is hereby declared the


policy of the State to establish a highly efficient and competent police force which is
national in scope and civilian in character administered and controlled by a national
police commission.

The Philippine National Police (PNP) shall be a community and service oriented
agency responsible for the maintenance of peace and order and public safety.

The PNP shall be so organized to ensure accountability and uprightness in police


exercise of discretion as well as to achieve efficiency and effectiveness of its members
and units in the performance of their functions.

TITLE II
THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS

SECTION 3. Section 12 of Republic Act No. 6975 is hereby amended to read as


follows:

“SEC. 12. Relationship of the Department with the Department of


National Defense. — The Department of the Interior and Local
Government shall be relieved of the primary responsibility on matters
involving the suppression of insurgency and other serious threats to
national security. The Philippine National Police shall, through
information gathering and performance of its ordinary police functions,
support the Armed Forces of the Philippines on matters involving
suppression of insurgency, except in cases where the President shall call
on the PNP to support the AFP in combat operations.

______________
Republic Act 8551
“In times of national emergency, the PNP, the Bureau of Fire
Protection, and the Bureau of Jail Management and Penology shall, upon
the direction of the President, assist the armed forces in meeting the
national emergency.”

TITLE III
THE NATIONAL POLICE COMMISSION

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;

Republic Act No. 8551 page 2


“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.

Republic Act No. 8551 page 3


“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.”

Republic Act No. 8551 page 4


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;

Republic Act No. 8551 page 5


“(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.”

Republic Act No. 8551 page 6


SECTION 11. Section 22 of Republic Act No. 6975 is hereby amended to read as
follows:

“SEC. 22. Qualifications of Regional Directors. — No person


shall be appointed regional director unless:

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

“(b) A holder of a master’s degree and appropriate civil service


eligibility.”

SECTION 12. Qualifications Upgrading Program. — The Commission shall


design and establish a qualifications upgrading program for the members of the
Commission in coordination with the Civil Service Commission, the Department of
Education, Culture and Sports and the Commission on Higher Education through a
distance education program and/or an in-service education program or similar programs
within ninety (90) days from the effectivity of this Act: Provided, That those who are
already in the service from the effectivity of this Act shall have five (5) years to obtain
the required degree or qualification counted from the implementation of the qualifications
upgrading program.

TITLE IV
THE PHILIPPINE NATIONAL POLICE
A. REORGANIZATION

SECTION 13. Authority of the Commission to Reorganize the PNP. —


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

B. QUALIFICATIONS UPGRADING

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:

Republic Act No. 8551 page 7


“a) A citizen of the Philippines;

“b) A person of good moral conduct;

“c) Must have passed the psychiatric/psychological, drug and


physical tests to be administered by the PNP or by any NAPOLCOM
accredited government hospital for the purpose of determining physical
and mental health;

“d) Must possess a formal baccalaureate degree from a recognized


institution of learning;

“e) Must be eligible in accordance with the standards set by the


Commission;

“f) Must not have been dishonorably discharged from military


employment or dismissed for cause from any civilian position in the
Government;

“g) Must not have been convicted by final judgment of an offense


or crime involving moral turpitude;

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

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

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

“For the purpose of determining compliance with the requirements


on physical and mental health, as well as the non-use of prohibited drugs,
the PNP by itself or through a NAPOLCOM accredited government
hospital shall conduct regular psychiatric, psychological drug and physical
tests randomly and without notice.

“After the lapse of the time period for the satisfaction of a specific
requirement, current members of the PNP who will fail to satisfy any of

Republic Act No. 8551 page 8


the requirements enumerated under this Section shall be separated from
the service if they are below fifty (50) years of age and have served in
Government for less than twenty (20) years or retired if they are from the
age of fifty (50) and above and have served the Government for at least
twenty (20) years without prejudice in either case to the payment of
benefits they may be entitled to under existing laws.”

SECTION 15. Waivers for Initial Appointments to the PNP. — The age, height,
weight, and educational requirements for initial appointment to the PNP may be waived
only when the number of qualified applicants fall below the minimum annual quota:
Provided, That an applicant shall not be below twenty (20) nor over thirty-five (35) years
of age: Provided, further, That any applicant not meeting the weight requirement shall be
given reasonable time but not exceeding six (6) months within which to comply with the
said requirement: Provided, furthermore, That only applicants who have finished second
year college or have earned at least seventy-two (72) collegiate units leading to a
bachelor’s decree shall be eligible for appointment: Provided, furthermore, That anybody
who will enter the service without a baccalaureate degree shall be given a maximum of
four (4) years to obtain the required educational qualification: Provided, finally, That a
waiver for height requirement shall be automatically granted to applicants belonging to
the cultural communities.

SECTION 16. Selection Criteria Under the Waiver Program. — The selection of
applicants under the Waiver Program shall be subject to the following minimum criteria:

a) Applicants who posses 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.

Republic Act No. 8551 page 9


SECTION 19. The Field Training Program. — All uniformed members of the
PNP shall undergo a Field Training Program for twelve (12) months involving actual
experience and assignment in patrol, traffic, and investigation as a requirement for
permanency of their appointment.

SECTION 20. Increased Qualifications for Provincial Directors. — No person


may be appointed Director of a Provincial Police Office unless:

a) he or she holds a master’s degree in public administration, sociology,


criminology, criminal justice, law enforcement, national security administration, defense
studies, or other related discipline from a recognized institution of learning; and

b) has satisfactorily passed the required training and career courses necessary for
the position as may be established by the Commission.

Any PNP personnel who is currently occupying the position but lacks any of the
qualifications mentioned above shall be given three (3) years upon the effectivity of this
Act to comply with the requirements; otherwise he or she shall be relieved from the
position.

SECTION 21. Section 32 of Republic Act No. 6975 is hereby amended to read as
follows:

“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.”

SECTION 22. Section 34 of Republic Act No. 6975 is hereby amended to read as
follows:

“SEC. 34. Qualifications of Chief of City and Municipal Police


Stations. — No person shall be appointed chief of a city police station
unless he/she is a graduate of Bachelor of Laws or has finished all the
required courses of a master’s degree program in public administration,
criminology, criminal justice, law enforcement, national security
administration, defense studies, and other related disciplines from a
recognized institution of learning. No person shall be appointed chief of a
municipal police station unless he or she has finished at least second year
Bachelor of Laws or has earned at least twelve (12) units in a master’s
degree program in public administration, criminology, criminal justice,
law enforcement, national security administration, and other related
disciplines from a recognized institution of learning: Provided, That
members of the Bar with at least five (5) years of law practice, licensed
criminologists or graduates of the Philippine National Police Academy
and who possess the general qualifications for initial appointment to the
PNP shall be qualified for appointment as chief of a city or municipal

Republic Act No. 8551 page 10


police station: Provided, further, That the appointee has successfully
passed the required field training program and has complied with other
requirements as may be established by the Commission: Provided,
furthermore, That the chief of police shall be appointed in accordance with
the provisions of Section 51, paragraph (b), subparagraph 4(i) of this Act.”

SECTION 23. Qualifications Upgrading Program. — The Commission shall


design and establish a qualifications upgrading program for the Philippine National
Police officers and members in coordination with the Civil Service Commission, and the
Commission on Higher Education through a distance education program and/or an in-
service education program or other similar programs within ninety (90) days from the
effectivity of this Act.

C. ATTRITION SYSTEM FOR UNIFORMED PERSONNEL

SECTION 24. Attrition System. — There shall be established a system of attrition


within the uniformed members of the PNP within one (1) year from the effectivity of this
Act to be submitted by the PNP to the Commission for approval. Such attrition system
shall include but is not limited to the provisions of the following sections.

SECTION 25. Attrition by Attainment of Maximum Tenure in Position. — The


maximum tenure of PNP members holding key positions is hereby prescribed as follows:

POSITION MAXIMUM TENURE

Chief four (4) years


Deputy Chief four (4) years
Director of the Staff Services four (4) years
Regional Directors six (6) years
Provincial/City Directors nine (9) years

Other positions higher than Provincial Director shall have the maximum tenure of
six (6) years. Unless earlier separated, retired or promoted to a higher position in
accordance with the PNP Staffing Pattern, police officers holding the above-mentioned
positions shall be compulsorily retired at the maximum tenure in position herein
prescribed, or at age fifty-six (56), whichever is earlier: Provided, That in times of war or
other national emergency declared by Congress, the President may extend the PNP
Chief’s tour of duty: Provided, further, That PNP members who have already reached
their maximum tenure upon the effectivity of this Act may be allowed one (1) year more
of tenure in their positions before the maximum tenure provided in this Section shall be
applied to them, unless they shall have already reached the compulsory retirement age of
fifty-six (56), in which case the compulsory retirement age shall prevail.

Except for the Chief, PNP, no PNP member who has less than one (1) year of
service before reaching the compulsory retirement age shall be promoted to a higher rank
or appointed to any other position.

Republic Act No. 8551 page 11


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

Republic Act No. 8551 page 12


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

Republic Act No. 8551 page 13


to adjustments based on the prevailing scale of base pay of police
personnel in the active service.”

SECTION 35. Section 73 of the same Act is hereby amended to read as follows:

“SEC. 73. Permanent Physical Disability. — An officer or non-


officer who is permanently and totally disabled as a result of injuries
suffered or sickness contracted in the performance of his duty as duly
certified by the National Police Commission, upon finding and
certification by the appropriate medical officer, that the extent of the
disability or sickness renders such member unfit or unable to further
perform the duties of his position, shall be entitled to one year’s salary and
to lifetime pension equivalent to eighty percent (80%) of his last salary, in
addition to other benefits as provided under existing laws.

“Should such member who has been retired under permanent total
disability under this section die within five (5) years from his retirement,
his surviving legal spouse or if there be none, the surviving dependent
legitimate children shall be entitled to the pension for the remainder of the
five (5) years guaranteed period.”

SECTION 36. Section 36 of Republic Act No. 6975 is hereby amended to read as
follows:

“SEC. 36. Status of Members of the Philippine National Police. —


The uniformed members of the PNP shall be considered employees of the
National Government and shall draw their salaries therefrom. They shall
have the same salary grade level as that of public school teachers:
Provided, That PNP members assigned in Metropolitan Manila, chartered
cities and first class municipalities may be paid financial incentive by the
local government unit concerned subject to the availability of funds.”

SECTION 37. Early Retirement Program. — Within three (3) years after the
effectivity of this Act, any PNP officer or non-commissioned officer may retire and be
paid separation benefits corresponding to a position two (2) ranks higher than his or her
present rank subject to the following conditions:

a) that at the time he or she applies for retirement, he or she has already rendered
at least ten (10) years of continuous government service;

b) the applicant is not scheduled for separation or retirement from the service due
to the attrition system or separation for cause;

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

Republic Act No. 8551 page 14


d) he or she has at least three (3) more years in the service before reaching the
compulsory retirement age and at least a year before his or her maximum tenure in
position.

SECTION 38. Rationalization of Retirement and Separation Benefits. — The


Commission shall formulate a rationalized retirement and separation benefits schedule
and program within one (1) year from the effectivity of this Act for approval by
Congress: Provided, That the approved schedule and program shall have retroactive
effect in favor of PNP members and officers retired or separated from the time specified
in the law, unless the retirement or separation is for cause and the decision denies the
grant of benefits.

TITLE V
INTERNAL AFFAIRS SERVICE

SECTION 39. Creation, Powers, and Functions. — An Internal Affairs Service


(IAS) of the PNP is hereby created which shall:

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

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

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

d) submit a periodic report on the assessment, analysis, and evaluation of the


character and behavior of PNP personnel and units to the Chief PNP and the
Commission;

e) file appropriate criminal cases against PNP members before the court as
evidence warrants and assist in the prosecution of the case;

f) provide assistance to the Office of the Ombudsman in cases involving the


personnel of the PNP.

The IAS shall also conduct, motu proprio, automatic investigation of the
following cases:

a) incidents where a police personnel discharges a firearm;

b) incidents where death, serious physical injury, or any violation of human rights
occurred in the conduct of a police operation;

c) incidents where evidence was compromised, tampered with, obliterated, or lost


while in the custody of police personnel;

Republic Act No. 8551 page 15


d) incidents where a suspect in the custody of the police was seriously injured;
and

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

Finally, the IAS shall provide documents or recommendations as regards to the


promotion of the members of the PNP or the assignment of PNP personnel to any key
position.

SECTION 40. Organization. — National, regional, and provincial offices of the


Internal Affairs shall be established. Internal Affairs Service shall be headed by an
Inspector General who shall be assisted by a Deputy Inspector General. The area offices
shall be headed by a Director while the provincial offices shall be headed by a
Superintendent: Provided, That the head of the Internal Affairs Service shall be a civilian
who shall meet the qualification requirements provided herein.

The commission shall establish a rationalized staffing pattern in the


Reorganization Plan as provided for in Section 13 hereof.

SECTION 41. Appointments. — The Inspector General shall be appointed by the


President upon the recommendation of the Director General and duly endorsed by the
Commission. Appointments of personnel who shall occupy various positions shall be
made by the Inspector General and shall be based on an established career pattern and
criteria to be promulgated by the Commission.

SECTION 42. Entry Qualifications to IAS. — Entry to the Internal Affairs


Service shall be voluntary and subject to rigid screening where only PNP personnel who
have at least five (5) years experience in law enforcement and who have no derogatory
service records shall be considered for appointment: Provided, That members of the Bar
may enter the service laterally.

SECTION 43. Initial Appointments to the National, Directorial, and Provincial


Internal Affairs Service Offices. — Initial appointments of the heads of the offices in the
Internal Affairs Service shall be made by the President upon recommendation by the
Commission. Thereafter, appointments and promotions to the Service shall follow the
established requirements and procedures.

SECTION 44. Promotions. — The Commission shall establish the promotion


system within the IAS which shall follow the general principles of the promotion system
in the PNP.

SECTION 45. Prohibitions. — Any personnel who joins the IAS may not
thereafter join any other unit of the PNP. Neither shall any personnel of the IAS be
allowed to sit in a committee deliberating on the appointment, promotion, or assignment
of any PNP personnel.

Republic Act No. 8551 page 16


SECTION 46. Career Development and Incentives. — (1) Personnel of the
Internal Affairs Service shall in addition to other allowances authorized under existing
laws be granted occupational specialty pay which shall not exceed fifty percent (50%) of
their basic pay. This pay shall not be considered a forfeiture of other remuneration and
allowances which are allowed under existing laws.

(2) IAS members shall also have priorities in the quota allocation for training and
education.

SECTION 47. Records Management of the IAS. — Local Internal Affairs Offices
shall be responsible for the maintenance and update of the records of the members of the
PNP within their jurisdiction.

When a PNP personnel is reassigned or transferred to another location or unit


outside the jurisdiction of the current Internal Affairs Office, the original records of such
personnel shall be transferred over to the Internal Affairs Office that will acquire
jurisdiction over the transferred personnel while copies will be retained by the former
Internal Affairs Office. In cases where a PNP personnel has been relieved of his/her
position and has not been given an assignment, the Internal Affairs Office where the
person has been assigned last shall continue to have jurisdiction over his or her records
until such time that the officer or member shall have been given a new assignment where
the records will be forwarded to the Internal Affairs Office acquiring jurisdiction over the
PNP personnel.

SECTION 48. Inclusion of Supervisors and Superiors in IAS Investigations. —


The immediate superior or supervisor of the personnel or units being investigated under
the preceding section shall be automatically included in the investigation of the IA to
exclusively determine lapses in administration or supervision.

SECTION 49. Disciplinary Recommendations of the IAS. — (a) Any uniformed


PNP personnel found guilty of any of the cases mentioned in Section 39 of this Act and
any immediate superior or supervisor found negligent under Section 48 shall be
recommended automatically for dismissal or demotion, as the case may be.

(b) Recommendations by the IAS for the imposition of disciplinary measures


against an erring PNP personnel, once final, cannot be revised, set-aside, or unduly
delayed by any disciplining authority without just cause. Any disciplining authority who
fails to act or who acts with abuse of discretion on the recommendation of the IAS shall
be made liable for gross neglect of duty. The case of erring disciplinary authority shall be
submitted to the Director General for proper disposition.

SECTION 50. Appeals. — Decisions rendered by the provincial inspectors shall


be forwarded to the area internal affairs office for review within ten (10) working days
upon the receipt thereof. Decisions of the area office may be appealed to the national
office through the Office of Inspector General. Decisions rendered by the National IAS
shall be appealed to the National Appellate Board or to the court as may be appropriate:

Republic Act No. 8551 page 17


Provided, That the summary dismissal powers of the Director General and Regional
Directors as provided in Section 42 of Republic Act No. 6975 shall remain valid:
Provided, further, That the existing jurisdiction over offenses as provided under Republic
Act No. 6975 shall not be affected.

SECTION 51. Complaints Against the IAS. — A complaint against any personnel
or office of IAS shall be brought to the Inspector General’s Office or to the Commission
as may be appropriate.

TITLE VI
DISCIPLINARY MECHANISMS

SECTION 52. Section 41 of Republic Act No. 6975 is hereby amended to read as
follows:

“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:

Republic Act No. 8551 page 18


“(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

Republic Act No. 8551 page 19


“(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

Republic Act No. 8551 page 20


“(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.”

SECTION 55. Section 47 of Republic Act No. 6975 is hereby amended to read as
follows:

“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

Republic Act No. 8551 page 21


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.”

TITLE VII
CREATION OF WOMEN’S DESKS IN ALL POLICE STATIONS AND THE
FORMULATION OF A GENDER SENSITIVITY PROGRAM

SECTION 57. Creation and Functions. — The PNP shall establish women’s
desks in all police stations throughout the country to administer and attend to cases
involving crimes against chastity, sexual harassment, abuses committed against women
and children and other similar offenses: Provided, That municipalities and cities presently
without policewomen will have two (2) years upon the effectivity of this Act within
which to comply with the requirement of this provision.

SECTION 58. Prioritization of Women for Recruitment. — Within the next five
(5) years, the PNP shall prioritize the recruitment and training of women who shall serve
in the women’s desk. Pursuant to this requirement, the PNP shall reserve ten percent
(10%) of its annual recruitment, training, and education quota for women

SECTION 59. Gender Sensitivity Program. — The Commission shall formulate a


gender sensitivity program within ninety (90) days from the effectivity of this Act to
include but not limited to the establishment of equal opportunities for women in the PNP,
the prevention of sexual harassment in the workplace, and the prohibition of
discrimination on the basis of gender or sexual orientation.

Republic Act No. 8551 page 22


SECTION 60. Administrative Liability. — Any personnel who shall violate the
established rules and regulations regarding gender sensitivity and gender equality shall be
suspended without pay for not less than thirty (30) days and shall undergo gender
sensitivity seminar or training: Provided, That any personnel who violates the rules more
than twice shall be recommended for demotion or dismissal from the PNP.

SECTION 61. Non-prohibition for Promotion. — Nothing in this title shall be


construed as a restriction on the assignment of policewomen to other positions in the PNP
nor shall any provisions of this title be used for the non-promotion of a PNP female
personnel to higher position.

TITLE VIII
PARTICIPATION OF LOCAL GOVERNMENT EXECUTIVES IN THE
ADMINISTRATION OF THE PNP

SECTION 62. The provisions of the second, third, fourth and fifth paragraphs of
subparagraph (b) (1), Section 51, Chapter III-D of Republic Act No. 6975 are hereby
amended to read as follows:

“The term ‘operational supervision and control’ shall mean the power to direct,
superintend, and oversee the day-to-day functions of police investigation of crime, crime
prevention activities, and traffic control in accordance with the rules and regulations
promulgated by the Commission.

“It shall also include the power to direct the employment and deployment of units
or elements of the PNP, through the station commander, to ensure public safety and
effective maintenance of peace and order within the locality. For this purpose, the terms
‘employment’ and ‘deployment’ shall mean as follows:

“‘Employment’ refers to the utilization of units or elements of the PNP for


purposes of protection of lives and properties, enforcement of laws, maintenance of peace
and order, prevention of crimes, arrest of criminal offenders and bringing the offenders to
justice, and ensuring public safety, particularly in the suppression of disorders, riots,
lawlessness, violence, rebellious and seditious conspiracy, insurgency, subversion or
other related activities.

“‘Deployment’ shall mean the orderly and organized physical movement of


elements or units of the PNP within the province, city or municipality for purposes of
employment as herein defined.”

SECTION 63. Section 51 (b) (4) of Republic Act No. 6975 is hereby amended to
read as follows:

“(4) Other Powers. In addition to the aforementioned powers, city and municipal
mayors shall have the following authority over the PNP units in their respective
jurisdictions:

Republic Act No. 8551 page 23


“(i) Authority to choose the chief of police from a list of five (5) eligibles
recommended by the provincial police director, preferably from the same province, city
or municipality: Provided, however, That in no case shall an officer-in-charge be
designated for more than thirty (30) days: Provided, further, That the local peace and
order council may, through the city or municipal mayor, recommend the recall or
reassignment of the chief of police when, in its perception, the latter has been ineffective
in combating crime or maintaining peace and order in the city or municipality: Provided,
finally, That such relief shall be based on guidelines established by the NAPOLCOM;

“(ii) Authority to recommend to the provincial director the transfer, reassignment


or detail of PNP members outside of their respective city or town residences; and

“(iii) Authority to recommend from a list of eligibles previously screened by the


peace and order council the appointment of new members of the PNP to be assigned to
their respective cities or municipalities without which no such appointments shall be
attested: Provided, That whenever practicable and consistent with the requirements of the
service, PNP members shall be assigned to the city or municipality of their residence.

“The control and supervision of anti-gambling operations shall be within the


jurisdiction of local government executives.”

SECTION 64. Automatic Deputation of Local Government Executives as


Commission Representatives. — Governors and mayors, upon having been elected and
living qualified as such, are automatically deputized as representatives of the National
Police Commission in their respective jurisdiction. As deputized agents of the
Commission, local government executives can inspect police forces and units, conduct
audit, and exercise other functions as may be duly authorized by the Commission.

SECTION 65. Section 52 of Republic Act No. 6975 is hereby amended to read as
follows:

“SEC. 52. Suspension or Withdrawal of Deputation. — Unless


reversed by the President, the Commission may, after consultation with
the provincial governor and congressman concerned, suspend or withdraw
the deputation of any local executive for any of the following grounds:

“(a) Frequent unauthorized absences;

“(b) Abuse of authority;

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

“(d) Engaging in acts inimical to national security or which negate


the effectiveness of the peace and order campaign.

Republic Act No. 8551 page 24


“Upon good cause shown, the President may, directly or through
the Commission, motu proprio restore such deputation withdrawn from
any local executive.”

TITLE IX
STRENGTHENING THE PEOPLE’S LAW ENFORCEMENT BOARD

SECTION 66. Paragraph (a), Section 43 of Republic Act No. 6975 is hereby
amended to read as follows:

“SEC. 43. People’s Law Enforcement Board (PLEB). — (a)


Creation and Functions — The sangguniang panlungsod/bayan in every
city and municipality shall create such number of People’s Law
Enforcement Boards (PLEBs) as may be necessary: Provided, That there
shall be at least one (1) PLEB for every five hundred (500) city or
municipal police personnel and for each of the legislative districts in a
city.

“The PLEB shall be the central receiving entity for any citizen’s
complaint against the officers and members of the PNP. Subject to the
provisions of Section 41 of Republic Act No. 6975, the PLEB shall take
cognizance of or refer the complaint to the proper disciplinary or
adjudicatory authority within three (3) days upon the filing of the
complaint.”

SECTION 67. Number (3) of Paragraph (b), Section 43 of Republic Act No. 6975
is hereby amended to read as follows:

“(3) Three (3) other members who are removable only for cause to
be chosen by the local peace and order council from among the respected
members of the community known for their probity and integrity, one (1)
of whom must be a woman and another a member of the Bar, or, in the
absence thereof, a college graduate, or the principal of the central
elementary school in the locality.”

SECTION 68. The last paragraph of Section 43 (b)(3) of Republic Act No. 6975
shall be amended to read as follows:

“The Chairman of the PLEB shall be elected from among its


members. The term of office of the members of the PLEB shall be for a
period of three (3) years from assumption of office. Such member shall
hold office until his successor shall have been chosen and qualified.”

SECTION 69. Compensation and Benefits. — Paragraph c, Section 43 of


Republic Act No. 6975 shall be amended to read as follows:

Republic Act No. 8551 page 25


“(c) Compensation. — Membership in the PLEB is a civic duty.
However, PLEB members shall be paid per diem and shall be provided
with life insurance coverage as may be determined by the city or
municipal council from city or municipal funds. The DILG shall provide
for the per diem and insurance coverage of PLEB members in certain low
income municipalities.”

SECTION 70. Budget Allocation. — The annual budget of the Local Government
Units (LGU) shall include an item and the corresponding appropriation for the
maintenance and operation of their local PLEBs.

The Secretary shall submit a report to Congress and the President within fifteen
(15) days from the effectivity of this Act on the number of PLEBs already organized as
well as the LGUs still without PLEBs. Municipalities or cities without a PLEB or with an
insufficient number of organized PLEBs shall have thirty (30) more days to organize
their respective PLEBs. After such period, the DILG and the Department of Budget and
Management shall withhold the release of the LGU’s share in the national taxes in cities
and municipalities still without PLEB(s).

SECTION 71. Request for Preventive Suspension. — The PLEB may ask any
authorized superior to impose preventive suspension against a subordinate police officer
who is the subject of a complaint lasting up to a period as may be allowed under the law.
A request for preventive suspension shall not be denied by the superior officer in the
following cases:

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

b) when the PNP personnel has been charged with offenses involving bodily harm
or grave threats,

c) when the respondent is in a position to tamper with the evidence; and

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

Any superior who fails to act on any request for suspension without valid grounds
shall be held administratively liable for serious neglect of duty.

TITLE X
TRANSITORY PROVISIONS

SECTION 72. Transition. — The provisions on the reorganization and the


civilianization of the PNP and the devolution of police capabilities to the local police
forces shall be effected within three (3) years after the effectivity of this Act.

Republic Act No. 8551 page 26


TITLE XI
FINAL PROVISIONS

SECTION 73. Rules and Regulations. — Unless otherwise provided in this Act,
the Commission in coordination with the Philippine National Police and the Department
of the Interior and Local Government, shall promulgate rules and regulations for the
effective implementation of this Act. Such rules and regulations shall take effect upon
their publication in three (3) newspapers of general circulation.

SECTION 74. Appropriations. — The amount necessary to carry out the


provisions of this Act is hereby authorized to be appropriated in the General
Appropriations Act of the year following its enactment into law and thereafter.

SECTION 75. Repealing Clause. — All laws, presidential decrees, letters of


instructions, executive orders, rules and regulations insofar as they are inconsistent with
this Act, are hereby repealed or amended as the case may be.

SECTION 76. Separability Clause. — In case any provision of this Act or any
portion thereof is declared unconstitutional by a competent court, other provisions shall
not be affected thereby.

SECTION 77. Effectivity Clause. — This Act shall take effect after its complete
publication in at least three (3) newspapers of general circulation.

Approved: February 25, 1998

Republic Act No. 8551 page 27

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