Republic Act 8551
Republic Act 8551
Republic Act 8551
TITLE I
TITLE AND DECLARATION OF POLICY
The Philippine National Police (PNP) shall be a community and service oriented
agency responsible for the maintenance of peace and order and public safety.
TITLE II
THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS
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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
“(b) A member of the Philippine Bar with at least five (5) years
experience in handling criminal or human rights cases or a holder of a
master’s degree but preferably a doctorate degree in public administration,
sociology, criminology, criminal justice, law enforcement, and other
related disciplines; and
“(c) The regular member coming from the law enforcement sector
should have practical experience in law enforcement work for at least five
(5) years while the three (3) other regular commissioners must have done
extensive research work or projects on law enforcement, criminology or
criminal justice or members of a duly registered non-government
organization involved in the promotion of peace and order.”
“SEC. 16. Term of Office. — The four (4) regular and full-time
Commissioners shall be appointed by the President for a term of six (6)
years without re-appointment or extension.”
SECTION 10. Section 20 of Republic Act No. 6975 is hereby amended to read as
follows:
“(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
TITLE IV
THE PHILIPPINE NATIONAL POLICE
A. REORGANIZATION
B. QUALIFICATIONS UPGRADING
SECTION 14. Section 30 of Republic Act No. 6975 is hereby amended to read as
follows:
“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.
“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
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.
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:
SECTION 22. Section 34 of Republic Act No. 6975 is hereby amended to read as
follows:
Other positions higher than Provincial Director shall have the maximum tenure of
six (6) years. Unless earlier separated, retired or promoted to a higher position in
accordance with the PNP Staffing Pattern, police officers holding the above-mentioned
positions shall be compulsorily retired at the maximum tenure in position herein
prescribed, or at age fifty-six (56), whichever is earlier: Provided, That in times of war or
other national emergency declared by Congress, the President may extend the PNP
Chief’s tour of duty: Provided, further, That PNP members who have already reached
their maximum tenure upon the effectivity of this Act may be allowed one (1) year more
of tenure in their positions before the maximum tenure provided in this Section shall be
applied to them, unless they shall have already reached the compulsory retirement age of
fifty-six (56), in which case the compulsory retirement age shall prevail.
Except for the Chief, PNP, no PNP member who has less than one (1) year of
service before reaching the compulsory retirement age shall be promoted to a higher rank
or appointed to any other position.
SECTION 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.
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;
d) failure to pass the required entrance examinations twice and/or finish the
required career courses except for justifiable reasons.
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 33. Section 38 (a) and (b) of Republic Act No. 6975 is hereby
amended to read as follows:
“(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.”
SECTION 34. Section 75 of the same Act is hereby amended to read as follows:
SECTION 35. Section 73 of the same Act is hereby amended to read as follows:
“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:
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;
TITLE V
INTERNAL AFFAIRS SERVICE
e) file appropriate criminal cases against PNP members before the court as
evidence warrants and assist in the prosecution of the case;
The IAS shall also conduct, motu proprio, automatic investigation of the
following cases:
b) incidents where death, serious physical injury, or any violation of human rights
occurred in the conduct of a police operation;
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.
(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.
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:
“(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.
“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:
SECTION 53. Section 42 of Republic Act No. 6975 is hereby amended to read as
follows:
SECTION 54. Section 44 of Republic Act No. 6975 is hereby amended to read as
follows:
SECTION 55. Section 47 of Republic Act No. 6975 is hereby amended to read as
follows:
SECTION 56. Section 49 of Republic Act No. 6975 is hereby amended to read as
follows:
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
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:
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:
SECTION 65. Section 52 of Republic Act No. 6975 is hereby amended to read as
follows:
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:
“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:
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:
b) when the PNP personnel has been charged with offenses involving bodily harm
or grave threats,
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 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 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.