Val C. Ang Jr.

REPUBLIC ACT No. 6975             December 13, 1990

AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A

REORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Title of the Act. – This Act shall be known as the "Department of the Interior and
Local Government Act of 1990."

Section 2. Declaration of Policy. – It is hereby declared to be the policy of the State to

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

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

Section 3. Promulgation of Comprehensive Policies by Congress. – Subject to the limitations

provided in the Constitution, the President shall recommend to Congress the promulgation
of policies on public order and safety to protect the citizenry from all forms of lawlessness,
criminality and other threats to peace and order.

CHAPTER I
THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

Section 4. The Department of the Interior and Local Government. – To carry out the policies
and purposes of this Act, the Department of Local Government is hereby reorganized into
the Department of the Interior and Local Government, hereinafter referred to as the
Department, in accordance with the provisions of this Act.

Section 5. Powers and Functions of the Department. – In furtherance of the objectives of this
Act, the Department shall continue to exercise the powers and functions of the Department
of Local Government in addition to the powers and functions as herein provided.

Section 6. Organization. – The Department shall consist of the Department Proper, the
existing bureaus and offices of the Department of Local Government, the National Police
Commission, the Philippine Public Safety College, and the following bureaus: the
Philippine National Police, the Bureau of Fire Protection, and the Bureau of Jail
Management and Penology.

Section 7. Department Proper. – The Department Proper shall consist of the existing staff
services as provided for under Executive Order No. 262 and the following offices:

(a) Office of the Secretary. – The office of the Secretary shall consist of the Secretary
and his immediate staff; and

(b) Office of the Undersecretaries and Assistant Secretaries. – The Secretary shall
be assisted by two (2) Undersecretaries, one (1) for local government and the other
for peace and order, at least one (1) of whom must belong to the career executive
service, and three (3) career Assistant Secretaries.

Section 8. Head of Department. – The head of the Department. – The head of the
Department, hereinafter referred to as the Secretary, shall also be the ex-officio Chairman
of the National Police Commission and shall be appointed by the President subject to
confirmation of the Commission on Appointments. No retired or resigned military officer
or police official may be appointed as Secretary within one (1) year from the date of his
retirement or resignation.

Section 9. General Powers, Term of Office and Compensation of the Secretary. – The
authority and responsibility for the exercise of the Department's powers and functions
shall be vested in the Secretary, who shall hold office at the pleasure of the President and
shall receive the compensation, allowances and other emoluments to which heads of
departments are entitled.

Section 10. Specific Powers and Functions of the Secretary. – In addition to his powers and
functions as provided in Executive Order No. 262, the Secretary as Department head shall
have the following powers and functions:

(a) Prepare and submit periodic reports, including a Quarterly Anti-Crime

Operations Report and such other reports as the President and Congress may
require;

(b) Act as Chairman and Presiding Officer of the National Police Commission; and

(c) Delegate authority to exercise any substantive or administrative function to the

members of the National Police Commission or other officers of rank within the
Department.

Section 11. Regional Offices. – The Department shall establish, operate and maintain a
regional office in each of the administrative regions of the country to implement the policies
and programs of the Department. Each regional office shall be headed by a regional
director to be assisted by two (2) assistant regional directors: one (1) for jail management
and penology and another for fire protection in addition to the present assistant regional
directors of the Department of Local Government.

Section 12. Relationship of the Department with the Department of National Defense. –

During a period of twenty-four (24) months from the effectivity of this Act, the Armed
Forces of the Philippines (AFP) shall continue its present role of preserving the internal
and external security of the State: Provided, That said period may be extended by the
President, if he finds it justifiable, for another period not exceeding twenty-four (24)
months, after which, the Department shall automatically take over from the AFP the
primary role of preserving internal security, leaving to the AFP its primary role of
preserving external security. However, even after the Department has assumed primary
responsibility on matters affecting internal security, including the suppression of
insurgency, and there are serious threats to national security and public order, such as
where insurgents have gained considerable foothold in the community thereby
necessitating the employment of bigger tactical forces and the utilization of higher caliber
armaments and better armored vehicles, the President may, upon recommendation of the
peace and order council, call upon the Armed Forces of the Philippines to assume the
primary role and the Philippine National Police (PNP) to play the supportive role in the
area concerned.

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

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

CHAPTER II
THE NATIONAL POLICE COMMISSION

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

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

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

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

(c) Foster and develop policies and promulgate rules and regulations, standards and
procedures to improve police services based on sound professional concepts and
principles;

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

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

(f) Establish a system of uniform crime reporting;

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

(h) Render to the President and to Congress an annual report on its activities and
accomplishments during the thirty (30) days after the end of the calendar year,
which shall include an appraisal of the conditions obtaining in the organization and
administration of police agencies in the municipalities, cities and provinces
throughout the country, and recommendations for appropriate remedial legislation;

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

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

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

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

(m) Prescribe minimum standards for arms, equipment, and uniforms and, after
consultation with the Philippine Heraldy Commission, for insignia of ranks, awards
and medals of honor;
 (n) Issue subpoena and subpoena duces tecum in matters pertaining to the discharge
of its own powers and duties, and designate who among its personnel can issue such
processes and administer oaths in connection therewith; and

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

Section 15. Qualifications. – No person shall be appointed regular member of the

Commission unless:

(a) He is at least thirty-five (35) years of age;

(b) A member of the Philippine Bar or a holder of a master's degree in public

administration, business administration, management, sociology, criminology, law
enforcement, national security administration, defense studies, and other related
discipline; and

(c) Has had experience in law enforcement work for at least five (5) years .

Section 16. Term of Office. – The four (4) regular and full-time Commissioners shall be
appointed by the President upon the recommendation of the Secretary. Of the first four (4)
commissioners to be appointed, two (2) commissioners shall serve for six (6) years and the
two (2) other commissioners for four (4) years. All subsequent appointments shall be for a
period of six (6) years each, without reappointment or extension.

Section 17. Temporary or Permanent Incapacity of the Chairman. – In case of absence due to

temporary or permanent incapacity of the Chairman, the President shall designate an
Acting Chairman. In case of death or permanent incapacity or disqualification of the
Chairman, the Acting Chairman shall also act as such until a new Chairman shall have
been appointed and qualified.

Section 18. Removal from Office. – The members of the Commission may be removed from
office for cause. All vacancies in the Commission, except through expiration of term, shall
be filled up for the unexpired term only: Provided, That any person who shall be appointed
in this case shall be eligible for regular appointment for another full term.

Section 19. Prohibitions. – The Chairman and members of the Commission shall not engage
in the practice of any profession, or intervene, directly or indirectly, in the management
and control of any private enterprise. They shall not, directly or indirectly, have any
financial or material interest in any transaction requiring the approval of their office.

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

(a) Commission Proper. – This is composed of the offices of the Chairman and the
four (4) commissioners.
(b) Staff Services. – The staff services of the Commission shall be as follows:

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

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

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

(4) The Administrative Service, which shall provide the Commission with
assistance on budgetary and financial matters; 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 and Monitoring Service, which shall conduct continuous
inspection and management audit of personnel, facilities and operations at all
levels of command of the PNP and shall monitor the implementation of the
Commission's programs and projects relative to law enforcement; and

(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.

(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 Law Enforcement
Board (PLEB) created hereunder.

Section 21. Regional Offices. – The Commission shall establish, operate and maintain
regional offices headed by regional directors who shall implement the policies and
programs of the Commission in their respective regions. For administrative purposes, the
regional offices of the Commission shall be attached to the general offices of the
Department.

Subject to the standards that shall be prescribed by the Commission, the regional offices
shall likewise perform the functions of adjudication of benefit claims.

Section 22. Qualifications of Regional Directors. – No person shall be appointed regional

director unless:

(a) He is at least thirty (30) years of age;

(b) A holder of a baccalaureate degree and appropriate civil service eligibility; and

(c) Has at least five (5) years experience in the field of law enforcement, criminology
or police administration.

CHAPTER III

A. THE PHILIPPINE NATIONAL POLICE ORGANIZATION

Section 23. Composition. – Subject to the limitations provided for in this Act, the Philippine
National Police, hereinafter referred to as the PNP, is hereby established, initially
consisting of the members of the police forces who were integrated into the Integrated
National Police (INP) pursuant to Presidential Decree No. 765, and the officers and enlisted
personnel of the Philippine Constabulary (PC). For purposes of this Act, the officers and
enlisted personnel of the PC shall include those assigned with the Narcotics Command
(NARCOM) or the Criminal Investigation Service (CIS); and those of the technical services
of the AFP assigned with the PC and the civilian operatives of the CIS. The regular
operatives of the abolished NAPOLCOM Inspection, Investigation and Intelligence Branch
may also be absorbed by the PNP. In addition, a PC officer or enlisted personnel may
transfer to any of the branches or services of the Armed Forces of the Philippines in
accordance with the provisions of Section 85 of this Act.

In order to be qualified for transfer to the PNP units in Metropolitan Manila and in highly
urbanized cities, an individual must have completed not less than second year collegiate
work or its equivalent in training of seventy-two (72) collegiate units.
Anyone who has any pending administrative or criminal case or has been adjudged liable
or convicted of any crime pending appeal shall be allowed to join the PNP provisionally
without prejudice to final judgment by a body of competent jurisdiction.

The permanent civilian employees of the present PC, INP, Narcotics Command, CIS, and
the technical services of the AFP assigned with the PC, including NAPOLCOM hearing
officers holding regular items as such, shall be absorbed by the Department as employees
thereof, subject to existing laws and regulations.

Section 24. Powers and Functions.– The PNP shall have the following powers and functions:

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

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

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

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

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

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

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

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

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

Section 25. Organization. – The PNP shall be headed by a Chief who shall be assisted by
two (2) deputy chief, one (1) for operations and one (1) for administration, both of whom
shall be appointed by the President upon recommendation of the Commission from among
the most senior and qualified officers in the service: Provided, however, That in no case
shall any officer who has retired or is retirable within six (6) months from his compulsory
retirement age be appointed as Chief of the PNP. The PNP shall be composed of a national
office, regional offices, provincial offices, district offices, city or municipal stations.

At the national level, the PNP shall maintain its office in Metropolitan Manila which shall
house the directorial staff, service staff and special support units.

At the regional level, the PNP shall have regional offices, including that of the National
Capital Region, which may be divided into two (2) separate regions without prejudice to
the pertinent provisions of the Organic Act for the Autonomous Regions of the Cordilleras
and Muslim Mindanao relative to the creation of a regional police force in the area of
autonomy. Each of these regional offices shall be headed by a regional director for peace
and order.

At the provincial level, there shall be a PNP office, each headed by a provincial director. In
the case of large provinces, police districts may be established by the Commission to be
headed by a district director.

At the city or municipal level, there shall be a PNP station, each headed by a chief of police.

The Chief of the PNP shall, within sixty (60) days from the effectivity of this Act and in
accordance with the broad guidelines set forth herein, recommend the organizational
structure and staffing pattern of the PNP to the Commission.

Section 26. Powers, Functions and term of Office of the PNP Chief . – The command and
direction of the PNP shall be vested in the Chief of the PNP who shall have the power to
direct and control tactical as well as strategic movements, deployment, placement,
utilization of the PNP or any of its units and personnel, including its equipment, facilities
and other resources. Such command and direction of the Chief of the PNP may be
delegated to subordinate officials with the respect to the units under their respective
commands, in accordance with the rules and regulation prescribed by the Commission.
The Chief of the PNP shall also have the power to issue detailed implementing policies and
instructions regarding personnel, funds, properties, records, correspondence and such
other matters as may be necessary to effectivity carry out the functions, powers and duties
of the Bureau. The Chief of the PNP shall be appointed by the President from among the
senior officers down to the rank of chief superintendent, subject to confirmation by the
Commission on Appointments: Provided, That the Chief of the PNP shall serve a term of
office not to exceed four (4) years: Provided, further, That in times of war or other national
emergency declared by Congress, the President may extend such term of office.

Section 27. Manning Levels. – On the average nationwide, the manning levels of the PNP
shall be approximately in accordance with a police-to-population ratio of one (1) policeman
for every five hundred (500) persons. The actual strength by cities and municipalities shall
depend on the state of peace and order, population density and actual demands of the
service in the particular area: Provided, That the minimum police-to-population ratio shall
not be less than one (1) policeman for every one thousand (1,000) persons: Provided,
further, That urban areas shall have a higher minimum police-to-population ratio as may
be prescribed by regulations.

Section 28. Rank Classification. – For purposes of efficient administration, supervision and

control, the rank classification of the members of the PNP shall be as follows:

Director General

Deputy Director General

Director

Chief Superintendent

Senior Superintendent

Superintendent

Chief Inspector

Senior Inspector

Inspector

Senior Police Officer IV

Senior Police Officer III

Senior Police Officer II

Senior Police Officer I

Police Officer III

Police Officer II

Police Officer I

Section 29. Key Positions. – The head of the PNP with the rank director general shall have
the position title of Chief of the PNP. The second in command of the PNP with the rank of
deputy director general shall be the Deputy Chief of the PNP for Administration. The third
in command with the rank also of deputy director general shall be the Deputy Chief of the
PNP for Operations.

At the national office, the head of the directorial staff with the rank of deputy director
general shall be known as Chief of the Directorial Staff of the PNP.
The heads of the various staff divisions in the directorial staff shall have the rank of
director with the position title of Director of the Directorial Staff of their respective
functional divisions. The head of the Inspectorate Division with the rank of chief
superintendent shall assume the position title of Inspector General. The heads of the
administrative and operational support divisions shall have the rank of chief
superintendent.

The head of the NCR with the rank of director shall assume the position title of NCR
Director.

The heads of the regional offices with the rank of chief superintendent shall assume the
position title of Regional Director.

The heads of the NCR district offices with the rank of chief superintendent shall have the
position title of District Director.

The heads of provincial offices with the rank of senior superintendent shall be known as
Provincial Director.

The heads of the district offices with the rank of superintendent shall have the position title
of District Director.

The heads of the municipality or city offices with the rank of chief inspector shall be known
as Chief of Police.

Section 30. General Qualifications for Appointment. – No person shall be appointed as

officer or member of the PNP unless he possesses the following minimum qualifications:

(a) A citizen of the Philippines;

(b) A person of good moral conduct;

(c) Of sound mind and body;

(d) Must possess a formal baccalaureate degree for appointment as officer and must
have finished at least second year college or the equivalent of seventy-two (72)
collegiate units for appointment as non-officer or an equivalent training or
experience for those already in the service upon the effectivity of this Act.

(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 be 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 weight not more or less than five kilograms (5 kg.) of 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.

Section 31. Appointment of PNP Officers and Members. – The appointment of the officers
and members of the PNP shall be effected in the following manner:

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

(b) Inspector to Superintendent. – Appointed by the Chief of the PNP, as

recommended by their immediate superiors, attested by the Civil Service
Commission;

(c) Senior Superintendent to Deputy Director General. – Appointed by the President

upon recommendation of the chief of the PNP, with proper endorsement by the
Chairman of the Civil Service Commission and subject to confirmation by the
Commission on Appointments; and

(d) Director General. – Appointed by the President from among the senior officers
down to the rank of chief superintendent in the service, subject to confirmation by
the Commission on Appointments: Provided, That the Chief of the PNP shall serve
a tour of duty not to exceed four (4) years: Provided, further, That, in times of war
or other national emergency declared by Congress, the President may extend such
tour of duty.

Section 32. Examinations for Policemen. – The Civil Service Commission shall administer
the qualifying entrance examinations for policemen on the basis of the standards set by the
NAPOLCOM.

Section 33. Lateral Entry of Officers into the PNP. – In general, all original appointments of
commissioned officers in the PNP shall commence with the rank of inspector, to include all
those with highly technical qualifications applying for the PNP technical services, such as
dentist, optometrists, nurses, engineers, and graduates of forensic sciences. Doctors of
medicine, members of the Bar, and chaplains shall be appointed to the rank of senior
inspector in their particular technical service. Graduates of the Philippine National Police
Academy (PNPA) shall be automatically appointed to the initial rank of inspector. Licensed
criminologists may be appointed to the rank of inspector to fill up any vacancy after
promotions from the ranks are completed.
Section 34. Qualifications of Chief of City and Municipal Police Stations. – No person may
be appointed chief of a city police station unless he holds a bachelor's degree from a
recognized institution of learning or has served in the Philippine Constabulary or in the
police department of any city or municipality with the rank of captain or its equivalent
therein for at least three (3) years.

No person may be appointed chief of a municipal police station unless he holds a bachelor's
degree from a recognized institution of learning or has served as officer in the Philippine
Constabulary or in the police department of any city or municipality for at least two (2)
years with the rank lieutenant or its equivalent: Provided, That a member of the Bar with
at least five (5) years experience in active law practice and who possesses the general
qualifications under Section 30 of this Act shall be qualified for appointment as chief of a
city or municipal police station: Provided, further, 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 35. Support Units. – The PNP shall be supported by administrative and operational
support units. The administrative support units shall consist of the Crime Laboratory,
Logistic Unit, Communications Unit, Computer Center, Finance Center and Civil Security
Unit. The operational support units shall be composed of the Maritime Police Unit, Police
Intelligence Unit, Police Security Unit, Criminal Investigation Unit, Special Action Force,
Narcotics units, Aviation Security Unit, Traffic Management Unit, the Medical and Dental
Centers and the Civil Relations Unit. To enhance police operational efficiency and
effectiveness, the Chief of the PNP may constitute such other support units as may be
necessary subject to the approval of the Commission: Provided, That no support unit
headed by a chief superintendent or a higher rank can be created unless provided by law.

(a) Administrative Support Units. – (1) Crime Laboratory. There shall be

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

It shall also provide crime laboratory examination, evaluation and identification of

physical evidences involved in crimes with primary emphasis on their medical,
chemical, biological and physical nature.

There shall be likewise be established regional and city crime laboratories as may be
necessary in all regions and cities of the country.

(2) Logistic Unit. – Headed by a Director with the rank of chief

superintendent, the Logistics Unit shall be responsible for the procurement,
distributions and management of all the logistical requirements of the PNP
including firearms and ammunition.
 (3) Communications Unit. – Headed by a Director with the rank of chief
superintendent, the Communications Unit shall be responsible for
establishing an effective police communications network.

(4) Computer Center. – Headed by a Director with the rank of chief

superintendent, the Computer Center shall be responsible for the design,
implementation and maintenance of a database system for the PNP.

(5) Finance Center. – Headed by a Director with the rank of chief

superintendent, the Finance Center shall be responsible for providing
finance services to the PNP.

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

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

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

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

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

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

(4) Criminal Investigation Unit. – Headed by a Director with the rank of

chief superintendent, the Criminal Investigation Unit shall undertake the
monitoring, investigation and prosecution of all crimes involving economic
sabotage, and other crimes of such magnitude and extent as to indicate their
commission by highly placed or professional criminal syndicates and
organizations.
 This unit shall likewise investigate all major cases involving violations of the
Revised Penal Code and operate against organized crime groups, unless the
President assigns the case exclusively to the National Bureau of Investigation
(NBI).

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

(6) Narcotics Unit. – Headed by a Director with the rank of chief

superintendent, the Narcotics Unit shall enforce all laws relative to the
protection of the citizenry against dangerous and other prohibited drugs and
substances.

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

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

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

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

Section 36. Status of Members of the Philippine National Police. – The members of the PNP
shall be considered employees of the National Government and shall draw their salaries
therefrom: Provided, That PNP members assigned in Metropolitan Manila, chartered cities
and first class municipalities may be paid in additional monthly allowance by the local
government unit concerned.

B. PROFESSIONALISM, WELFARE AND BENEFITS

Section 37. Performance Evaluation System. – There shall be established a performance

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

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

Section 38. Promotions. – (a) A member of the PNP shall not be eligible for promotion to a
higher position or rank unless he has successfully passed the corresponding promotional
examination given by the Commission, or the Bar or corresponding board examinations for
technical services and other professions, and has satisfactorily completed an appropriate
and accredited course in the PNP or equivalent training institutions. In addition, no
member of the PNP shall eligible for promotion unless he has been cleared by the People's
Law Enforcement Board (PLEB) of complaints proffered against him, if any.

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

Section 39. Compulsory Retirement.– Compulsory retirement, for officer and non-officer,

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

Section 40. Optional Retirement. – Upon accumulation of at least twenty (20) years of

satisfactory active service, an officer or non-officer, at his own request and with the
approval of the Commission, shall be retired from the service and entitled to receive
benefits provided by law.

C. ADMINISTRATIVE DISCIPLINARY MACHINERY

Section 41. (a) Citizen's Complaints.– Any complaint by an individual person against any
member of the PNP shall be brought before the following:

(1) Chiefs of police, where the offense is punishable by withholding of

privileges, restriction to specified limits, suspension or forfeiture of salary, or
any combination thereof for a period not exceeding fifteen (15) days;

(2) Mayors of cities or municipalities, where the offense is punishable by

withholding of privileges, restriction to specified limits, suspension or
forfeiture of salary, or any combination thereof, for a period of not less than
sixteen (16) days but not exceeding thirty (30) days;
 (3) People's Law Enforcement Board, as created under Section 43 hereof,
where the offense is punishable by withholding of privileges, restriction to
specified limits, suspension of forfeiture of salary, or any combination
thereof, for a period exceeding thirty (30) days; or by dismissal.

The Commission shall provide in its implementing rules and regulations a scale of
penalties to be imposed upon any member of the PNP under this section.

(b) Internal Discipline. – In dealing with minor offenses involving internal discipline
found to have been committed by any regular member of their respective
commands, the duly designated supervisors and equivalent officers of the PNP shall,
after due notice and summary hearing, exercise disciplinary powers as follows:

(1) Chiefs of police or equivalent supervisors may summarily impose the

administrative punishment of admonition or reprimand; restriction to
specified limits; withholding of privileges; forfeiture of salary or suspension;
or any of the combination of the foregoing: Provided; That, in all cases, the
total period shall not exceed fifteen (15) days;

(2) Provincial directors or equivalent supervisors may summarily impose the

administrative punishment of admonition or reprimand; restriction to
specified limits; withholding of privileges; forfeiture of salary or suspension;
or any combination of the foregoing: Provided, That, in all cases, the total
period shall not exceed thirty (30) days;

(3) Police regional directors or equivalent supervisors shall have the power to
impose upon any member the disciplinary punishment of dismissal from the
service. He may also impose the administrative punishment of admonition or
reprimand; restriction to specified limits; withholding of privileges;
suspension or forfeiture of salary; demotion; or any combination of the
foregoing: Provided, That, in all cases, the total period shall not exceed sixty
(60) days;

(4) The Chief of the PNP shall have the power to impose the disciplinary
punishment of dismissal from the service; suspension or forfeiture of salary;
or any combination thereof for a period not exceeding one hundred eighty
(180) days.

(c) Exclusive Jurisdiction. – A complaint or a charge filed against a PNP member

shall be heard and decided exclusively by the disciplining authority who has
acquired original jurisdiction over the case and notwithstanding the existence of
concurrent jurisdiction as regards the offense: Provided, That offenses which carry
higher penalties referred to a disciplining authority shall be referred to the
appropriate authority which has jurisdiction over the offense.
For purposes of this Act, a "minor offense" shall refer to an act or omission not involving
moral turpitude, but affecting the internal discipline of the PNP, and shall include, but not
limited to:

(1) Simple misconduct or negligence;

(2) Insubordination;

(3) Frequent absences or tardiness;

(4) Habitual drunkenness; and

(5) Gambling prohibited by law.

Section 42. Summary Dismissal Powers of the PNP Chief and Regional Directors. – The
Chief of the PNP and regional directors, after due notice and summary hearings, may
immediately remove or dismiss any respondent PNP member in any of the following cases:

(a) When the charge is serious and the evidence of guilt is strong;

(b) When the respondent is a recidivist or has been repeatedly charged and there
are reasonable grounds to believe that he is guilty of the charges; and

(c) When the respondent is guilty of conduct unbecoming of a police officer.

Section 43. People's Law Enforcement Board (PLEB). – (a) Creation and Functions. –
Within thirty (30) days from the issuance of the implementing rules and regulations by the
Commission, there shall be created by the sangguniang panlungsod/bayan in every city and
municipality such number of People's Law Enforcement Boards (PLEBs) as may be
necessary: Provided, That there shall be at least one (1) PLEB for every municipality and
for each of the legislative districts in a city. The PLEB shall have jurisdiction to hear and
decide citizen's complaints or cases filed before it against erring officers and members of
the PNP. There shall be at least one (1) PLEB for every five hundred (500) city or
municipal police personnel.

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

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

respective sanggunian;

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

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

The Chairman of the PLEB shall be elected from among its members. The term of
office of the members of the PLEB shall be for a period of two (2) years from
assumption of office. Such member shall hold office until his successor shall have
been chosen and qualified.

(c) Compensation – Membership in the PLEB is a civic duty. However, PLEB

members may be paid per diem as may be determined by the city or municipal
council from city or municipal funds.

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

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

(3) The procedures in the PLEB shall be summary in nature, conducted in

accordance with due process, but without strict regard to technical rules of
evidence.

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

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

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

Section 44. Disciplinary Appellate Boards. – The formal administrative disciplinary

machinery for the PNP shall be the National Appellate Board and the regional appellate
boards.
The National Appellate Board shall consist of four (4) divisions, each division composed of
a Commissioner as Chairman and two (2) other members. The Board shall consider
appeals from decisions of the Chief of the PNP.

The National Appellate Board may conduct its hearings or sessions in Metropolitan Manila
or any part of the country as it may deem necessary.

There shall be at least one (1) regional appellate board per administrative region in the
country to be composed of a senior officer of the regional Commission as Chairman and
one (1) representative each from the PNP, and the regional peace and order council as
members. It shall consider appeals from decisions of the regional directors, other officials,
mayors, and the PLEBs: Provided, That the Commission may create additional regional
appellate boards as the need arises.

Section 45. Finality of Disciplinary Action. – The disciplinary action imposed upon a

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

Section 46. Jurisdiction in Criminal Cases. – Any provision of law to the contrary

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

Section 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 until the case is terminated. Such
case shall be subject to continuous trial and shall be terminated within ninety (90) days
from arraignment of the accused.
Section 48. Entitlement to Reinstatement and Salary. – A member of the PNP who may have
been suspended from office in accordance with the provisions of this Act or who shall have
been terminated or separated from office shall, upon acquittal from the charges against
him, be entitled to reinstatement and to prompt payment of salary, allowances and other
benefits withheld from him by reason of such suspension or termination.

Section 49. Legal Assistance. – The Secretary of the Department 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. 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.

Section 50. Power to Administer Oaths. – Officials of the Commission who are appointed by
the President, as well as officers of the PNP from rank of inspector to senior
superintendent, shall have the power to administer oaths on matters which are connected
with the performance of their official duties.

D. PARTICIPATION OF LOCAL EXECUTIVES IN THE ADMINISTRATION OF THE

PNP

Section 51. Powers of Local Government Officials Over the PNP Units or Forces. –
Governors and mayors shall be deputized as representatives of the Commission in their
respective territorial jurisdiction. As such, the local executives shall discharge the following
functions:

(a) Provincial Governor – (1) Power to Choose the Provincial Director. – The
provincial governor shall choose the provincial director from a list of three (3)
eligible recommended by the PNP regional director.

(2) Overseeing the Provincial Public Safety Plan Implementation. – The

governor, as chairman of the provincial peace and order council, shall
oversee the implementation of the provincial public safety plan, which is
prepared taking into consideration the integrated community safety plans, as
provided under paragraph (b) (2) of this section.

(b) City and Municipal Mayors – (1) Operational Supervision and Control. The city
and municipal mayors shall exercise operational supervision and control over PNP
units in their respective jurisdiction except during the thirty (30) day period
immediately preceding and the thirty (30) days following any national, local and
barangay elections. During the said period, the local police forces shall be under the
supervision and control of the Commission on Elections.
The term "operational supervision and control" shall mean the power to
direct, superintend, oversee and inspect the police units and forces.

It shall include the power to employ and deploy 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
term "employ" and "deploy" shall mean as follows:

"Employ" refers to 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, lawless violence, rebellious seditious
conspiracy, insurgency, subversion or other related activities.

"Deploy" shall mean the orderly organized physical movement of elements

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

(2) Integrated Community Safety Plans. – The municipal/city mayor shall, in

coordination with the local peace and order council of which he is the
chairman pursuant to Executive Order No. 309, as amended, develop and
establish an integrated area/community public safety plan embracing
priorities of action and program thrusts for implementation by the local PNP
stations.

It shall, likewise, be the duty of the city or municipal mayor to sponsor

periodic seminars for members of the PNP assigned or detailed in his city or
municipality in order to update them regarding local ordinances and
legislations.

(3) Administrative Disciplinary Powers. – In the areas of discipline, city and

municipal mayors shall have the powers to impose, after due notice and
summary hearings, disciplinary penalties for minor offenses committed by
members of the PNP assigned to their respective jurisdictions, as provided in
Section 41 of this Act.

(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:

(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.
 (ii) Authority to recommend 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 appointment shall be attested.

Section 52. Suspension of Operational Supervision and Control.– The President may, upon
consultation with the provincial governor and congressman concerned, suspend the power
of operational supervision and control of any local executive over police units assigned or
stationed in his jurisdiction 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.

Upon good cause shown, the President may, motu propio or upon the recommendation of
the National Police Commission, restore such power withdrawn from any local executive.

CHAPTER IV
BUREAU OF FIRE PROTECTION

Section 53. Composition. – The Bureau of Fire Protection, hereinafter referred to as the

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

Section 54. Powers and Functions.– The Fire Bureau shall be responsible for the prevention
and suppression of all destructive fires on buildings, houses and other structures, forest,
land transportation vehicles and equipment, ships or vessels docked at piers or wharves or
anchored in major seaports, petroleum industry installations, plane crashes and other
similar incidents, as well as the enforcement of the Fire Code and other related laws.

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

Section 55. Organization. – The Fire Bureau shall be headed by a chief who shall be assisted
by a deputy chief. It shall be composed of provincial offices, district offices and city or
municipal stations.
At the provincial level, there shall be an office of the provincial fire marshall which shall
implement the policies, plans and programs of the Department; and monitor, evaluate and
coordinate the operations and activities of the fire service operating units at the city and
municipal levels. In the case of large provinces, district offices may be established, to be
headed by a district fire marshall.

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

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

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

Section 56. Establishment of Fire Station. – There shall be established at least one (1) fire
station with adequate personnel, firefighting facilities and equipment in every provincial
capital, city and municipality subject to the standards, rules and regulations as may be
promulgated by the Department. The local government unit shall, however, provide the
necessary and or site of the station.

Section 57. Qualification Standards.– The qualification standards of the members of the

Fire Bureau shall be as prescribed by the Department based on the requirement of the
service.

Section 58. Rank Classification. – For purposes of efficient administration, supervision and

control, the rank classification of the members of the Fire Bureau shall be as follows:

Director

Chief Superintendent

Senior Superintendent

Superintendent

Chief Inspector

Senior Inspector

Inspector
 Senior Fire Officer IV

Senior Fire Officer III

Senior Fire Officer II

Senior Fire Officer I

Fire Officer III

Fire Officer II

Fire Officer I

Section 59. Key Positions. – The head of the Fire Bureau with the rank of director shall
have the position title of Chief of the Fire Bureau. He shall be assisted by a deputy chief
with the rank of chief superintendent.

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

CHAPTER V
BUREAU OF JAIL MANAGEMENT AND PENOLOGY

Section 60. Composition. – The Bureau of Jail Management and Penology, hereinafter

referred to as the Jail Bureau, is hereby created initially consisting of officers and
uniformed members of the Jail Management and Penology Service as constituted under
Presidential Decree No. 765.

Section 61. Powers and Functions.– The Jail Bureau shall exercise supervision and control
over all city and municipal jails. The provincial jails shall be supervised and controlled by
the provincial government within its jurisdiction, whose expenses shall be subsidized by the
National Government for not more than three (3) years after the effectivity of this Act.

Section 62. Organization. – The Jail Bureau shall be headed by a Chief who shall be assisted
by a deputy chief.

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

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

Section 63. Establishment of District, City or Municipal Jail. – There shall be established and
maintained in every district, city and municipality a secured, clean adequately equipped
and sanitary jail for the custody and safekeeping of city and municipal prisoners, any
fugitive from justice, or person detained awaiting investigation or trial and/or transfer to
the national penitentiary, and/or violent mentally ill person who endangers himself or the
safety of others, duly certified as such by the proper medical or health officer, pending the
transfer to a medical institution.

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

Section 64. Rank Classification. – For purpose of efficient administration, supervision and

control, the rank classification of the members of the Jail Bureau shall be as follows:

Director

Chief Superintendent

Senior Superintendent

Superintendent

Chief Inspector

Senior Inspector

Inspector

Senior Jail Officer IV

Senior Jail Officer III

Senior Jail Officer II

 Senior Jail Officer I

Jail Officer III

Jail Officer II

Jail Officer I

Section 65. Key Positions. – The head of the Jail Bureau with the rank of director shall have
the position title of Chief of Jail Bureau. He shall be assisted by a deputy chief with the
rank of chief superintendent.

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

CHAPTER VI
THE PHILIPPINE PUBLIC SAFETY COLLEGE

Section 66. Creation of the Philippine Public Safety College. – There is hereby created the
Philippine Public Safety College (PPSC), which shall be the premier educational institution
for the training, human resource development and continuing education of all personnel of
the PNP, Fire and Jail Bureaus.

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

Section 67. Composition, Powers and Functions. – The College shall consist of the present
Philippine National Police Academy (PNPA) established pursuant to Section 13 of
Presidential Decree No. 1184, the Fire Service Training Center, the Philippine National
Training Center (PNTC), the National Police College, and other special training centers as
may be created by the Department, whose functions shall be as follows:

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

(b) Establish and maintain adequate physical training facilities;

(c) Develop and implement research and development to support educational

training programs;

(d) Conduct an assessment of the training needs of all its clientele; and
 (e) Perform such other related functions as may be prescribed by the Secretary.

Section 68. Organization. – The structure and staffing pattern of the College shall be
prescribed by the Secretary.

CHAPTER VII
COMMON PROVISIONS FOR UNIFORMED PERSONNEL

Section 69. Incentives and Awards.– There shall be established an incentives and awards
system which shall be administered by a board under such rules, regulations and standards
as may be promulgated by the Department: Provided, That equivalent awards shall be
given by the Department for every award duly given by respectable civic organizations in a
nationwide selection for outstanding achievement and/or performance of any member.

Section 70. Health and Welfare. – It shall be the concern of the Department to provide
leadership and assistance in developing health and welfare programs for its personnel.

The heads of all bureaus and other offices created under this Act shall take all proper steps
towards the creation of an atmosphere conducive to a good supervisor-subordinate
relationship and the improvement of personnel morale.

Section 71. Longevity Pay and Allowances. – Uniformed personnel of the Department shall
be entitled to a longevity pay of ten percent (10%) of their basic monthly salaries for every
five (5) years of service, which shall be reckoned from the date of the personnel's original
appointment in the AFP, or appointment in the police, fire jail or other allied services to
the integration of the PC and the INP: Provided, That the totality of such longevity pay
shall not exceed fifty percent (50%) of the basic pay. They shall also continue to enjoy the
subsistence allowance, quarters allowance, clothing allowance cost of living allowance,
hazard pay, and all other allowances as provided by existing laws.

Section 72. Active Service. – For purposes of this Act, active service of the uniformed
personnel shall refer to services rendered as an officer and non-officer, cadet, trainee or
draftee in the PNP, Fire or Jail Force or in the municipal police prior to the integration of
the PC-INP or in the AFP, and services rendered as a civilian official or employee in the
Philippine Government prior to the date of separation or retirement from the PNP, Fire or
Jail Force: Provided, That, for purposes of retirement he shall have rendered at least ten
(10) years of active service as officer or non-officer in the AFP, and /or in the INP and/or in
the PNP, Fire or Jail Force: Provided, further, That services rendered as cadet,
probationary officer, trainee or draftee in the AFP or as cadet or trainee in the INP and
PNP shall be credited for purposes of longevity pay: Provided, finally, That, for cadet
services, the maximum number of service to be credited shall not exceed the duration of the
pre-commissionship course specified in the curriculum.

Section 73. Permanent Physical Disability. – An officer or non-officer who, having

accumulated at least twenty (20) years of active service, incurs total permanent physical
disability in line of duty shall be compulsorily retired: Provided, That, if he has
accumulated less than twenty (20) years of active service, he shall be separated from the
service and be entitled to a separation pay equivalent to one and one-fourth (11/4) months
base pay for every year of service, or a fraction thereof, and longevity pay of the permanent
grade he holds.

Section 74. Retirement in the Next Higher Grade. – Uniformed personnel covered under this
Act shall, for purposes of retirement pay, be retired in one (1) grade higher than the
permanent grade last held: Provided, That they have served for at least one (1) year of
active service in the permanent grade.

Section 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.

Section 76. Death and Disability Benefits. – A uniformed personnel and/or his heirs shall be
entitled to all benefits relative to the death or permanent incapacity of said personnel, as
provided for under this Act, and/or other existing laws.

Section 77. Exemption from Attachment and Taxes. – All benefits granted by this Act,
including benefits received from the Government Service Insurance System, shall not be
subject to attachment, levy, execution or any tax of whatever nature.

Section 78. Uniformed Personnel Missing in Action. – Any uniformed personnel who while
in the performance of duty or by reason of his being an officer or member of the PNP, Fire
or Jail Force, is officially confirmed missing in action, kidnapped or captured by lawless
elements shall, while so absent, be entitled to receive or to have credited to his account the
same pay and allowances to which such officer or uniformed member was entitled at the
time of the incident: Provided, That the compulsory retirement of a person missing in
action shall be processed to allow the members of the next of kin to enjoy the retirement
benefits: Provided, further, That should the Chief of the PNP, Fire or Jail Force, as the
same may be, upon the recommendation of the proper authority and/or immediate
supervisor, subsequently determine that the officer or uniformed member concerned have
been absent from duty without authority, such member or his heirs shall reimburse the
PNP, Fire or Jail Force all such amount and allowances received by him in accordance with
this section and the following section.

Section 79. Payment of Salary and Allowances to the Heirs of Uniformed Personnel. – In case
any uniformed personnel has been officially confirmed as missing in action under any of
the circumstances provided in the preceding section, the Chief of the PNP, Fire or Jail
Force, as the case may be, shall direct payment of the absent uniformed personnel's
monthly salary and allowances and other emoluments pertinent thereto his/her heirs for
their support for a maximum period of one (1) year from the date of commencement of
absent or when last heard from as those kidnapped or captured by lawless elements.
Section 80. Finding of Death and Termination of Payment of Salary and Allowances. – Upon
the termination of the one (1) year period as specified in the preceding section, the missing
uniformed personnel shall be automatically terminated. In the event said personnel shall
thereafter be found to have been alive and is not entitled to the benefits paid under the
preceding sections of this Act, said benefits shall be reimbursed to the State within six (6)
months from the discovery of the fact or his reappearance. However, if his continued
disappearance was fraudulent or made in bad faith he shall, together with his co-
conspirators, be prosecuted according to law.

Section 81. Complaints and Grievances. – Uniformed personnel shall have the right to
present complaints and grievances to their superiors or commanders and have them heard
and adjudicated as expeditiously as possible in the best interest of the service, with due
regard to due process in every case. Such complaints or grievances shall be resolved at the
lowest possible level in the unit of command and the respondent shall have the right to
appeal from an adverse decision to higher authorities.

Section 82. Prohibitions; Penalties.– As professional police, fire and jail officers and
members responsible for the maintenance of peace and order and public safety, the
members and officers of the PNP, Fire or Jail Force are hereby prohibited from engaging
in strikes, rallies, demonstrations and other similar concerted activities, or performing
other acts prejudicial to good order and police discipline.

Any PNP, fire or Jail Force member found guilty by final judgment of violating the
provisions of the preceding paragraph shall be dismissed from the service without
prejudice to whatever criminal or civil liability he may have incurred in relation to such
violations.

CHAPTER VIII
TRANSITORY PROVISIONS

Section 83. Secretary of the Department of Local Government on Holdover Capacity. – The

incumbent Secretary of the Department of Local Government shall perform the functions
of the Secretary of the Interior and Local Government on holdover capacity until such time
when a new Secretary shall have been appointed by the President and confirmed by the
Commission on Appointments.

Section 84. Special Oversight Committee. – A special Over-sight Committee is hereby

created, composed of the Secretary as Chairman, the Secretary of Budget and Management
as Co-chairman, the Secretary of National defense, the incumbent PC-INP Director
General, the incumbent Chairman of the Civil Service Commission, the respective
Chairmen of the Committee on Local Government and the Committee on National Defense
and Security in the Senate, and the respective Chairmen of the Committee on Public Order
and Security and the Committee on National Defense in the House of Representatives, as
members, which shall plan and oversee the expeditious implementation of the transfer,
merger and/or absorption into the Department of the personnel, property, appropriations
and installations of involved agencies.
Section 85. Phases of Implementation. – The implementation of this Act shall be undertaken
in three (3) phases, to wit:

Phase I – Exercise of option by the uniformed members of the Philippine

Constabulary, the PC elements assigned with the Narcotics Command, CIS, and the
personnel of the technical services of the AFP assigned with the PC to include the
regular CIS investigating agents and the operatives and agents of the NAPOLCOM
Inspection, Investigation and Intelligence Branch, and the personnel of the absorbed
National Action Committee on Anti-Hijacking (NACAH) of the Department of
National Defense to be completed within six (6) months from the date of the
effectivity of this Act. At the end of this phase, all personnel from the INP, PC; AFP
Technical Services, NACAH and NAPOLCOM Inspection, Investigation and
Intelligence Branch shall have been covered by official orders assigning them to the
PNP, Fire and Jail Forces by their respective units.

Phase II – Approval of the table of organization and equipment of all bureaus and
offices created under this Act, preparation and filling up of their stalling pattern,
transfer of assets to the Department and organization of the Commission, to be
completed within twelve (12) months from the effectivity date hereof. At the end of
this phase, all personnel to be absorbed by the Department shall have been issued
appointment papers, and the organized Commission and the PNP shall be fully
operational.

The PC officers and enlisted personnel who have not opted to join the PNP shall be
reassigned to the Army, Navy or Air Force, or shall be allowed to retire under
existing AFP rules and regulations. Any PC-INP officer or enlisted personnel may,
within the twelve-month period from the effectivity of this Act, retire and be paid
retirement benefits corresponding to a position two (2) ranks higher than his
present grade, subject to the conditions that at the time he applies for retirement, he
has rendered at least twenty (20) years of service and still has, at most, twenty-four
(24) months of service remaining before the compulsory retirement age as provided
by existing law for his office.

Phase III – Adjustment of ranks and establishment of one (1) lineal roster of officers
and another for non-officers, and the rationalization of compensation and
retirement systems; taking into consideration the existing compensation schemes
and retirement and separation benefit systems of the different components of the
PNP, to ensure that no member of the PNP shall suffer any diminution in basic
longevity and incentive pays, allowances and retirement benefits due there before
the creations of the PNP, to be completed within eighteen (18) months from the
effectivity of this Act. To accomplish the task of Phase III, the Commission shall
create a Board of officers composed of the following: NAPOLCOM Commissioner
as Chairman and one (1) representative each for the PC, Budget and Management.

Upon the effectivity of this Act, the Secretary shall exercise administrative
supervision as well as operational control over the transferred, merged and/or
 absorbed AFP and INP units. The incumbent Director General of the PC-INP shall
continue to act as Director General of the PNP until such time as he shall have been
replaced by the President.

Section 86. Assumption by the PNP of Police Functions. – The PNP shall absorb the
functions of the PC, the INP and the Narcotics Command upon the effectivity of this Act.

All functions of the PAFSECOM and the police functions of the Coast Guard shall be taken
over by the PNP when it acquires the capability to perform such functions after the
transition period of eighteen (18) months. The personnel of the PAFSECOM or the Coast
Guard shall, within the transition period, have the option to join the PNP or remain with
the PAFSECOM or the Coast Guard, as the case may be.

Section 87. Absorption by the Department of the National Action Committee on Anti-

Hijacking. – The Department shall absorb the National Action Committee on Anti-
Hijacking under the Department of National Defense, and the transfer of assets, personnel
and accountabilities of this office to the Department shall proceed in accordance with the
provisions of this chapter.

Section 88. Transfer, Merger, and Absorption of Offices and Personnel. – All properties,
equipment, finances of the transferred and absorbed agencies, including their respective
accountabilities, are hereby transferred to the Department.

The transfer, merger and/or absorption of any government office/unit concerned shall
include the functions, appropriations, funds, records, equipment, facilities, choses in action,
rights, other assets, and liabilities, if any, of the transferred Office/unit as well as the
personnel thereof, who shall; unless removed for cause and after due process; in a holdover
capacity, continue to perform their respective duties and responsibilities and receive their
corresponding salaries and benefits. Those personnel of the transferred, merged, and/or
absorbed office/unit whose positions are not included in the new position structure and
staffing pattern approved by the Department or who are not reappointed shall be given
preference to join the Department or any of the offices thereunder or shall be allowed to
retire under existing laws, rules and regulations. Otherwise, they shall be deemed
separated and paid gratuity equivalent to one and one-fourth (11/4) months basic salary for
every year of service or a fraction thereof.

The personnel of the existing Department of Local Government shall, unless removed for
cause and after due process, continue to perform their duties and responsibilities and shall
receive their corresponding salaries and benefits.

The heads of the various bureaus and offices created under this Act shall, within six (6)
months from the effectivity of this Act, recommended the organizational structure and
staffing pattern of their bureaus, and offices for approval by the Secretary.

Section 89. Compulsory Retirement for INP Members. – Any provision hereof to the
contrary notwithstanding and within the transition period of four (4) years following the
effectivity of this Act, the following members of the INP shall be considered compulsorily
retired:

(a) Those who shall attain the age of sixty (60) on the first year of the effectivity of
this Act.

(b) Those who shall attain the age of fifty-nine (59) on the second year of the
effectivity of this Act; and

(c) Those who shall attain the age of fifty-eight (58) on the third year of the
effectivity of this Act.

(d) Those who shall attain the age of fifty-seven (57) on the fourth year of the
effectivity of this Act.

Section 90. Status of Present NAPOLCOM, PC-INP. – Upon the effectivity of this Act, the
present National Police Commission, and the Philippine Constabulary-Integrated National
Police shall cease to exist. The Philippine Constabulary, which is the nucleus of the
integrated Philippine Constabulary-Integrated National Police, shall cease to be a major
service of the Armed Forces of the Philippines. The Integrated National Police, which is the
civilian component of the Philippine Constabulary-Integrated National Police, shall cease
to be the national police force and in lieu thereof, a new police force shall be established
and constituted pursuant to this Act.

CHAPTER IX
FINAL PROVISIONS

Section 91. Application of Civil Service Laws. – The Civil Service Law and its implementing
rules and regulations shall apply to all personnel of the Department.

Section 92. Funding. – For purpose of organizing and constituting the Department, and for
carrying out the provisions of this Act, the appropriations of the abolished, transferred or
reconstituted offices for the current fiscal year shall be transferred to the Department.
Thereafter, such as may be necessary to carry out the provisions of this Act shall be
included in the annual General Appropriations Act.

Section 93. Implementing Rules and Regulations. – Within ninety (90) days from his
appointment, the Secretary shall promulgate rules and regulations necessary to ensure the
effective implementation of this Act.

Section 94. Separability Clause. – If any portion or provision of this Act is declared

unconstitutional, the same shall not effect the validity and effectivity of the other provisions
not affected thereby.
Section 95. Repealing Clause. – All laws, decrees, executive orders, rules and regulations,
and other issuances or parts thereof which are inconsistent with this Act hereby repealed,
amended or modified accordingly.

The provisions of Executive Order No. 262 shall remain valid insofar as they are not
inconsistent with the provisions of this Act.

Section 96. Effectivity. – This Act shall take effect after fifteen (15) days following its
publication in two (2) national newspapers of general circulation.

Approved: December 13, 1990

Republic Act No. 9263             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 Philippine Congress Assembled:

SECTION 1. Title. - This Act shall be known as the "Bureau of Fire Protection and Bureau of
Jail Management and Penology Professionalization Act of 2004."

SEC 2. Declaration of Policy and Principles. – It is declared policy of the state to maintain
peace and order, protect life, liberty and property, and promote the general welfare essential for
the enjoyment by all the people of the blessings of democracy (Article II, Section 5 of the
Philippine Constitution) Moreover it recognizes the responsibility of the state to strengthen
government capability aimed towards the strengthening of the delivery of basic services to the
citizenry though the institutionalization of highly efficient and competent fire and jail services.

It is provided for under Republic Act No. 6975, other wise known as the "Department of the
Interior and Local Government Act 1990", that the task of fire protection, and jail management
and penology shall be the responsibility of the Bureau of Fire Protection (BFP) and the Bureau of
Jail Management and Penology (BJMP), respectively.

Moreover, Section 3 of the Republic Act No. 8551, otherwise known as the "Philippine National
Police Reform and Reorganization Act of 1998", provides that in times of national emergency,
BFP and the BJMP along with the Philippine National Police (PNP) shall, upon the direction of
the President, assist the Armed Forces of the Philippines (AFP) in meeting the national
emergency, in addition to the performance of their inherent functions as mandated by law.

It is therefore recognized that the uniformed personnel of the BFP and the BJMP, as member of
the uniformed service of the government under the Department of the Interior and Local
Government (DILG), are required the same amount of sacrifice, service and dedication like their
counterparts in the4 PNP and the AFP to carry out their respective duties to the extent of risking
their lives and limbs.

Towards this end, the State shall provide for the Professionalization and restructuring of the BFP
and the BJMP by upgrading the level of qualifications of their uniformed personnel and
standardizing their base pay, retirement and other benefits, making it at par with those of the
PNP and the AFP.

SEC. 3. Organization and Key Positions of the BFP and the BJMP.– The BFP and the BJMP
shall be respectively headed by a Chief who shall be assisted by two (2) deputy chiefs, one (1)
for administration and one (1) for operations, all of whom shall be appointed by the President
upon recommendation of the Secretary of the DILG from among the qualified officers with at
least the rank of senior superintendent in the service: Provided, that in no case shall any officer
who has retired or is retirable within six (6) months from his/her compulsory retirement age be
appointed as Chief of the Fire Bureau or Chief of the Jail Bureau, as the case may
be, Provided, further, that the Chief of the Fire Bureau and Chief of the Jail Bureau shall serve a
tour of duty not to exceed four (4) years: Provided, however, that in times of war or other
national emergency declared by Congress, the President may extend such tour of duty.
The Heads of the BFP and the BJMP with the rank of director shall have the position title of
Chief of the Fire Bureau and the Chief of the Jail Bureau, respectively. The second officers in
command of the BFP and the BJMP with the rank of chief superintendent shall have the position
title of Deputy Chief for Administration of the Jail Bureau, respectively. The third officer in
command of the BFP and the BJMP with the rank of chief superintendent shall have the position
title of Deputy Chief for Operation of Fire Bureau and Deputy Chief for Operation of the Jail
Bureau, respectively. The fourth officers in command of the BFP and the BJMP with the rank of
chief superintendent shall have the respective position title of Chief of Directorial Staff of the
Fire Bureau and Chief of Directorial Staff of the Jail Bureau, who shall be assisted by the
directors of the directorates in the respective national headquarters office with at least the rank of
senior superintendent.

The BFP and the shall establish, operate and maintain their respective regional offices in each of
the administrative regions of the country which shall be respectively headed by a Regional
Director for Fire Protection and a Regional Director of Jail Management and Penology with the
rank of senior superintendent. He/She shall be respectively assisted by the following officers
with the rank of superintendent: Assistant Regional Director for Administration, Assistant
Regional Director for Operations, and Regional Chief of Directorial Staff.

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;

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

h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male, and
one meter and fifty-seven centimeters (1.57 m.) for female: Provided, That a waiver for
height and age requirement \s shall be automatically granted to applicants belonging to
the cultural communities; and
 i) Must weight not more or less than five kilograms (5 kgs.) from the standard weight
corresponding to his/her height, age and sex;

Provided, That a new applicants must be less than twenty one (21) nor more than thirty (30 years
of age: except for this particular provision, the above–enumerated qualifications shall be
continuing in character and an absence of any one of them at any given time shall be ground for
separation or retirement from the service: Provided, further, That the uniformed personnel who
are already in the service upon the effectivity of this Act shall be given five (5) years to obtain
the minimum educational qualification and one (1) year to satisfy the weight requirement.

After the lapse of the time of period for the satisfaction of a specific requirement, current
uniformed personnel of the BFP and the BJMP who will fail to satisfy any of the requirements
enumerated under this Section shall be separated from the service if they are below fifty (50)
years of age and have served in the government for less than twenty (20) years, or retired if they
are age fifty (50) and above and have served in the government for at least twenty (20) years
without prejudice in either case to the payment of benefits they may be entitled to under existing
laws.

SEC. 5. Appointment of Uniformed Personnel to the BFP and the BJMP.– The appointment of
the BFP and the BJMP shall be effected in the following manners:

a) Fire/Jail Officer I to Senior Fire/Jail Officer IV. – Appointed by the respective

Regional Director for Fire Protection and Regional Director for Jail Management and
Penology for the regional office uniformed personnel or by the respective Chief of the
Fire Bureau and Chief of the Jail Bureau for the national headquarters office uniformed
personnel, and attested by the Civil Service Commission (CSC);

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.

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 of senior inspector, who must
have finished at least second year Bachelor of Laws or earned at least twenty four
(24) units in a master's degree program in public administration, management,
engineering, public safety, criminology or other related disciplines from
recognized institution of learning, and must have satisfactory passed the necessary
training or career courses for such position as may be established by the Fire
Bureau;

3) District Fire Marshal, Provincial Fire Marshal, Assistant Regional Director

for Administration, Assistant Regional Director for Operations and Regional
Chief of Directorial Staff. – Should have the rank of superintendent, who must be
a graduate of Bachelor of Laws or a holder of a mater's degree in public
administration, management, engineering, public safety, criminology or other
related disciplines from recognized institution of learning, and must have
satisfactory passed the necessary training or career courses for such position as
may be established by the Fire Bureau;

4) District Fire Marshal for the National Capital Region, Regional Director for
Fire Protection and Director of the Directorate of the National Headquarters
Office. – Should have at least the rank of senior superintendent, who must be a
graduate of Bachelor of Laws or a holder of master's degree in public
administration, management, engineering, public safety, criminology or other
related disciplines from a recognized institution of learning, and must have
satisfactory passed the necessary training or career course for such position as
may be established by the Fire Bureau;
 5) Deputy Chief for Administration of the Fire Bureau, Deputy Chief for
Operations of the Fire Bureau and Chief Directorial Staff of the Fire Bureau.-
Should have the rank of superintendent, who must be a member of the Philippine
Bar or a holder of a master's degree in public administration, management,
engineering, public safety, criminology or other related disciplines from
recognized institution of learning, and must have satisfactory passed the necessary
training or career courses for such as may be established by the Fire Bureau; and

6) Chief of the Fire Bureau. – Should have the rank of director, who must be a
member of the Philippine Bar or a holder of a master's degree in public
administration, management, engineering, public safety, criminology or other
related discipline from a recognized institution of learning, and must satisfactory
passed the necessary training or career courses for such position as may be
established by the Fire Bureau.

b) No person shall be designated to the following key positions of the BJMP unless
he/she has met the qualification provided therein:

1) Municipal Jail Warden. – Should have the rank of chief inspector, who have
finished at least second year Bachelor of Laws or earned at least twelve (12) units
in a master' degree program in management, public administration, public safety,
criminology, penology, sociology, national security administration, defense
studies, or other related disciplines from a recognized institution of learning, and
must have satisfactory passed the necessary training or career courses for such
position as may be established by the Jail Bureau;

2) City Jail Warden. – Should have the rank of chief inspector, who must have
finished at least second year Bachelor of Laws or earned at least twenty four (24)
units in master's degree program in management, public administration, public
safety, criminology, penology, sociology, national security administration,
defense studies or related disciplines from a recognized institution of learning and
must satisfactory passed the necessary training or career courses for such position
as may be established by the Jail Bureau: Provided, That in city jails with a
population of one thousand (1,000) or more inmates, the city jail warden shall the
rank and qualification of a district jail warden;

3) District Jail Warden, Provincial Jail Administrator, Assistant Regional

Director for Administration, Assistant Regional Director for Operations and
Regional Chief of Directorial Staff. – Should have the rank of senior
superintendent, who must be a graduate of Bachelor of Laws or a holder of a
master's degree in management, public administration, public safety, criminology,
penology, sociology, national security administration, defense studies or other
related discipline from a recognized institution of learning, and must satisfactory
passed the necessary training or career courses for such position as may be
established by the Jail bureau;
 4) Regional Director for Jail Management and Penology and Director of the
Directorate of the National Headquarters Office. – Should have the rank of senior
superintendent, who must be a graduate of Bachelor of Laws or a holder of a
master's degree in management, public administration, public safety, criminology,
penology, sociology, national security administration, defense studies or other
related discipline from a recognized institution of learning, and must satisfactory
passed the necessary training or career courses for such position as may be
established by the Jail bureau;

5) Deputy Chief for Administration of the Jail Bureau, Deputy Chief for
Operations of the Jail Bureau and Chief of Directorial Staff of the Jail Bureau. –
Should have the rank of senior superintendent, who must be a member of the
Philippine Bar or a holder of a master's degree in management, public
administration, public safety, criminology, penology, sociology, national security
administration, defense studies or other related discipline from a recognized
institution of learning, and must satisfactory passed the necessary training or
career courses for such position as may be established by the Jail bureau; and

6) Chief of the Jail Bureau. – Should have the rank of director, who must be a
member of the Philippine Bar or a holder of a master's degree in management,
public administration, public safety, criminology, penology, sociology, national
security administration, defense studies or other related discipline from a
recognized institution of learning, and must satisfactory passed the necessary
training or career courses for such position as may be established by the Jail
bureau.

Any uniformed personnel of the BFP and the BJMP who is currently occupying such position
but lacks any of the qualifications mentioned therein shall be given three(3) years upon the
effectivity of this Act to comply with the requirements, otherwise he/she shall be relieved from
the position.

SEC. 8. Professionalization and Qualifications Upgrading Program. – The DILG shall design
and establish a professionalization and qualifications upgrading program for uniformed
personnel of the BFP and the BJMP in coordination with the CSC and the Commission on
Higher Education (CHED) though an off-campus education program or other similar programs
within ninety (90) days from the effectivity of this Act.

SEC. 9. Attrition System for the Uniformed Personnel of the BFP and the BJMP. - There shall
be established a system of attrition for the uniformed personnel of the BFP and the BJMP within
one (1) year from the effectivty of this Act to be submitted by said bureaus to the DILG for
approval. Such attrition system shall include, but is not limited to, the provision of the following
principles:

a) Attrition by Demotion in Position or Rank. – Any uniformed personnel of the BFP and
the BJMP who is relieved and assigned to a position lower than that is established for
his/her grade in the respective staffing pattern of the Fire Bureau and the Jail Bureau, and
 who shall not be assigned to a position commensurate to his/her grade within two (2)
years after such demotion in position shall be separated or retired from the service;

b) Attrition by Non-Promotion. – Any uniformed personnel of the BFP and the BJMP
who has not been promoted for a continuous period of ten (10) years shall be separated or
retired from the service, except for those who are occupying a third-level position;

c) Attrition by Other Means. – Any uniformed personnel of the BFP and the BJMP with
at least five (5) years of accumulated active service shall be separated from the service
based on any of the following factors:

1) Inefficiency based on poor performance during the last two (2) successive
semestral ratings period;

2) Inefficiency based on poor performance for three (3) cumulative semestral

rating period;

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 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 GRADE

Fire/Jail Director 28
Fire/Jail Chief Superintendent 27
Fire/Jail Senior 26
Superintendent
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
Fire/ Jail Officer III 14
Fire/Jail Officer II 12
Fire/Jail Officer I 10
Provided, That all benefits currently receive by the uniformed personnel of the BFP and the
BJMP under existing laws shall continue to be received by them: Provided, Further, That their
retirement pay shall be subject to adjustment/s based on the prevailing scale of base pay of the
uniformed personnel in the active service.

SEC. 13. Implementation. – The implementation of this Act shall be undertaken in staggered

phases, but not to exceed three (3) years, taking into consideration the financial position of the
national government: Provided, That any partial implementation shall be uniform and
proportionate for all ranks.

SEC. 14. Implementation Rules and Regulations. – The DILG in coordination with the BFP
and the BJMP, the CSC, the Department of Budget and Management (DBM), and the
Department of Finance (DOF) shall, within ninety (90) days from the effectivity of this Act,
promulgate the rules and regulations necessary to implement the provision of this Act.

SEC. 15. Annual Report. – The BFP and the BJMP through the DILG and the DBM shall
jointly submit to the President of the Senate and the Speaker of the House of Representatives an
annual report on the implementation of this Act. This report shall include information on the
application of the budget for the salary and other benefits provided under this Act. The DBM, in
consultation with the BFP and the BJMP though the DILG, shall periodically review and adjust
every five (5) years the rates of base pay, taking into consideration labor productivity, consumer
price index, oil price and other similar economic indicators as may be determined by the
National Economic and Development authority (NEDA).

SEC. 16. Separability Clause.- If any portion or provision of this Act is declared

unconstitutional, the same shall not affect the validity and effectivity of the other provisions not
affected thereby.

SEC. 17. Repealing Clause. – All laws, decrees, orders, rules and regulations, and other
issuances, or parts thereof, which are inconsistent with the provisions of this Act, are hereby
deemed repealed, amended or modified accordingly.

SEC. 18. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication
in the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes
earlier.

Approved,

FRANKLIN DRILON JOSE DE VENECIA JR.

President of the Senate Speaker of the House of
Representatives
This Act which is a consolation of Senate Bill No. 2373 and House Bill No. 6557 was finally
passed by the Senate and the House of Representatives on January 29, 2004 and February 2,
2004, respectively.

OSCAR G. YABES ROBERTO P. NAZARENO

Secretary of Senate Secretary General
House of Represenatives

Approved: March 10, 2004

GLORIA MACAPAGAL-ARROYO

REPUBLIC ACT No. 10575

AN ACT STRENGTHENING THE BUREAU OF CORRECTIONS (BUCOR) AND

PROVIDING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Short Title. – This Act shall be known as "The Bureau of Corrections Act of 2013″.

Section 2. Declaration of Policy. – It is the policy of the State to promote the general welfare
and safeguard the basic rights of every prisoner incarcerated in our national penitentiary. It also
recognizes the responsibility of the State to strengthen government capability aimed towards the
institutionalization of highly efficient and competent correctional services.
Towards this end, the State shall provide for the modernization, professionalization and
restructuring of the Bureau of Corrections (BuCor) by upgrading its facilities, increasing the
number of its personnel, upgrading the level of qualifications of their personnel and
standardizing their base pay, retirement and other benefits, making it at par with that of the
Bureau of Jail Management and Penology (BJMP).

Section 3. Definition of Terms. –

(a) Safekeeping, which is the custodial component of the BuCor’s present corrections

system, shall refer to the act that ensures the public (including families of inmates and
their victims) that national inmates are provided with their basic needs, completely
incapacitated from further committing criminal acts, and have been totally cut off from
their criminal networks (or contacts in the free society) while serving sentence inside the
premises of the national penitentiary. This act also includes protection against illegal
organized armed groups which have the capacity of launching an attack on any prison
camp of the national penitentiary to rescue their convicted comrade or to forcibly amass
firearms issued to prison guards.

(b) Reformation,  which is the rehabilitation component of the BuCor’s present

corrections system, shall refer to the acts which ensure the public (including families of
inmates and their victims) that released national inmates are no longer harmful to the
community by becoming reformed individuals prepared to live a normal and productive
life upon reintegration to the mainstream society.

Section 4. The Mandates of the Bureau of Corrections. – The BuCor shall be in charge of
safekeeping and instituting reformation programs to national inmates sentenced to more than
three (3) years.

(a) Safekeeping of National Inmates – The safekeeping of inmates shall include decent
provision of quarters, food, water and clothing in compliance with established United
Nations standards. The security of the inmates shall be undertaken by the Custodial Force
consisting of Corrections Officers with a ranking system and salary grades similar to its
counterpart in the BJMP.

(b) Reformation of National Inmates – The reformation programs, which will be

instituted by the BuCor for the inmates, shall be the following:

(1) Moral and Spiritual Program;

(2) Education and Training Program;

(3) Work and Livelihood Program;

(4) Sports and Recreation Program;

(5) Health and Welfare Program; and

 (6) Behavior Modification Program, to include Therapeutic Community.

(c) The reformation programs shall be undertaken by Professional Reformation Personnel

consisting of Corrections Technical Officers with ranking system and salary grades
similar to Corrections Officers.

(1) Corrections Technical Officers are personnel employed in the implementation

of reformation programs and those personnel whose nature of work requires
proximate or direct contact with inmates.

(2) Corrections Technical Officers include priests, evangelists, pastors, teachers,

instructors, professors, vocational placement officers, librarians, guidance
counselors, physicians, nurses, medical technologists, pharmacists, dentists,
therapists, psychologists, psychiatrists, sociologists, social workers, engineers,
electricians, agriculturists, veterinarians, lawyers and similar professional skills
relevant to the implementation of inmate reformation programs.

Section 5. Operations of the Bureau of Corrections. – (a) The BuCor shall operate with a
directorial structure. It shall undertake reception of inmates through its Directorate for Reception
and Diagnostics (DRD), formerly Reception and Diagnostic Center (RDC), provide basic needs
and security through its Security and Operations Directorates, administer reformation programs
through its Reformation Directorates, and prepare inmates for reintegration to mainstream
society through its Directorate for External Relations (DER), formerly External Relations
Division (ERD).

(b) The DRD shall be responsible for the conduct of classification of each and every inmate
admitted to the BuCor. Inmates shall be classified according to security risk and sentence.
Included in the classification is determining inmate’s certain skills or talents, physical, spiritual,
social, mental and psychological evaluation and other behavioral assessments, as reference of the
DRD in the preparation of individual inmate reformation programs.

(c) Aside from those borne of the provisions under Rule 8, Part I, Rules of General Application
of the United Nations Standard Minimum Rules for the Treatment of Prisoners and that of the
existing regulation of the BuCor on security classification (i.e. maximum, medium and minimum
security risk), inmates shall also be internally classified by the DRD and segregated according to
crimes committed based on the related penal codes such as Crimes Against Persons, Crimes
Against Properties, Crimes Against Chastity, so on and so forth, as well as by other related
Special Laws, Custom and Immigration Laws.

(d) From the DRD, the Custodial Force and Reformation Personnel of respective security
institutions/camps shall be in charge for the security and the implementation of the
recommended inmate reformation program of each and every inmate while serving sentence,
respectively.

(e) The Directorate for External Relations (DER) shall be responsible for pre-release and post-
release programs of inmates due for release. The DER shall also classify inmates according to
skills acquired for referral and endorsement to appropriate companies or corporations
participating in the BuCor On-The-Job Training Programs for newly reformed inmates. The
DER shall also evaluate, classify and apply necessary programs to inmates for readiness to join
the mainstream society upon release.

(f) Apart from handling inmates, the BuCor shall administratively operate like a standard
government agency through its Administrative Directorates with internal control and internal
audit units.

(g) The BuCor shall employ full computerization in the build-up, maintenance and transmittal of
necessary inmate records to all its Prison and Penal Farms and other recipient agencies (i.e.
Board of Pardons and Parole).

Section 6. Lands of the Bureau of Corrections. – (a) Aside from administrative purposes, all
BuCor lands shall be used for inmate security, reformation programs and as a means to promote
sustainability, both for income and non-income generating programs, with or without partnership
among nongovernment organizations, civic organizations or other government entities.

(b) As a way to maximize its assets’ value for the effective and extensive reformation
(corrections) programs for national inmates, the BuCor shall have the absolute authority to
design, formulate and implement land-use development plans and policies.

(c) The BuCor may propose additional penal farms as may be necessary as possible, aside from
its existing seven (7) prison and penal farms to decongest existing penal institutions and
accommodate the increasing number of inmates committed to the agency.

(d) All BuCor lands shall have a Certificate of Title registered under its name.

Section 7. Facilities of the Bureau of Corrections. – The BuCor shall operate with standard and
uniform design of prison facilities, reformation facilities and administrative facilities, through all
the operating prison and penal farms, such as the following:

(a) Dormitory;

(b) Administration building;

(c) Perimeter/Security fences;

(d) Hospital/Infirmary;

(e) Recreation/Multipurpose hall;

(f) Training/Lecture center;

(g) Workshop facility;

 (h) Mess hall/kitchen;

(i) Visiting area;

(j) Water tank and pump;

(k) Reception and diagnostic center; and

(l) Service personnel facilities.

Section 8. Supervision of the Bureau of Corrections. – The Department of Justice (DOJ), having
the BuCor as a line bureau and a constituent unit, shall maintain a relationship of administrative
supervision with the latter as defined under Section 38(2), Chapter 7, Book IV of Executive
Order No. 292(Administrative Code of 1987), except that the DOJ shall retain authority over the
power to review, reverse, revise or modify the decisions of the BuCor in the exercise of its
regulatory or quasi-judicial functions.

Section 9. Organization and Key Positions of the Bureau of Corrections. – (a) The BuCor shall
be headed by a Director who shall be assisted by three (3) Deputy Directors: one (1) for
administration, one (1) for security and operations and one (1) for reformation, all of whom shall
be appointed by the President upon the recommendation of the Secretary of the
DOJ: Provided, That the Director and the Deputy Directors of the BuCor shall serve a tour of
duty not to exceed six (6) years from the date of appointment: Provided, further, That in times of
war or other national emergency declared by Congress, the President may extend such tour of
duty.

(b) The Head of the BuCor, with the rank of Undersecretary, shall have the position and title of
Director General of Corrections. The second officers in command of the BuCor, with the rank of
Assistant Secretary, shall have the position and title of Deputy Directors of Corrections. The
third officer in command of the BuCor, with the rank of Chief Superintendent, shall have the
position and title of Corrections Chief Superintendent. The fourth officer in command of the
BuCor, with the rank of Senior Superintendent, shall have the position and title of Corrections
Senior Superintendent. The fifth officer in command of the BuCor, with the rank of
Superintendent, shall have the position and title of Corrections Superintendent.

(c) The Department of Budget and Management (DBM) shall rationalize the existing
organizational structure and staffing pattern of the BuCor in accordance with the provisions of
this Act and relevant compensation and position classification laws, rules and regulations.

Section 10. Increase of Personnel. – The BuCor shall maintain the custodial personnel-to-inmate
ratio of 1:7 and reformation personnel-to-inmate ratio of 1:24. Hence, it is authorized to increase
its manpower to meet such ratio and may continue to increase personnel per percentage rate
increase of committed inmates annually or as the need arises.
Section 11. Professionalization and Upgrading of Qualification Standards in the Appointment of
the BuCor Personnel. – (a) No person shall be appointed as personnel of the BuCor unless one
possesses the following minimum qualifications:

(1) A citizen of the Republic of the Philippines;

(2) A person of good moral character;

(3) Must have passed the psychiatric/psychological, drug and physical test for the
purpose of determining his/her physical and mental health;

(4) Must possess a baccalaureate degree from a recognized learning institution;

(5) Must possess the appropriate civil service eligibility;

(6) Must not have been dishonorably discharged or dismissed for cause from previous
employment;

(7) Must not have been convicted by final judgment of an offense or crime involving
moral turpitude; and

(8) 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 may be granted to applicants belonging to the cultural
communities: Provided, further, That a new applicant must not be less than twenty-one
(21) or more than forty (40) years of age. Except for this particular provision, the above-
enumerated qualifications shall be continuing in character and an absence of any one of
them at any given time shall be ground for separation or retirement from the
service: Provided, furthermore, That those who are already in the service upon the
effectivity of this Act shall be given five (5) years from the date of such effectivity to
obtain the minimum educational qualification and eligibility with subsidiary assistance as
provided for in this Act.

(b) After the lapse of the period for the satisfaction of a specific requirement, incumbent
personnel of the BuCor who 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 fifty (50) years 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.

(c) For sustained professionalism in the service, the BuCor is directed to conduct study for the
feasible establishment of the Philippine Corrections Academy, patterned after the Philippine
National Police Academy (PNPA) of the Philippine National Police (PNP) and the Philippine
Military Academy (PMA) of the Armed Forces of Philippines (AFP) for its commissioned
officers.
(d) The BuCor shall continue training its personnel through its Personnel Training School, which
shall be renamed as Corrections Training School/Institute patterned after the BJMP’s Jail
National Training Institute (JNTI), the Bureau of Fire’s Fire National Training Institute (FNTI)
and the PNP’s National Training Institute (PNTI).

Section 12. Appointment of Personnel to the BuCor. – The appointment of the BuCor shall be
effected in the following manner:

(a) Corrections Officer I to Corrections Chief Superintendent – Appointed by the Director

General of Corrections, and attested by the Civil Service Commission (CSC); and

(b) Director General of Corrections and Deputy Director of Corrections – Appointed by

the President upon the recommendation of the Secretary of the DOJ, with the proper
endorsement by the Chairman of the CSC.

Section 13. Lateral Entry of Officer into the BuCor. – In general, all original appointments of
officers in the BuCor shall commence with the rank of Corrections Inspector wherein applicants
for lateral entry into the BuCor shall include all those with highly specialized and technical
qualifications such as, but not limited to, civil engineers, mechanical engineers, electrical
engineers, chemical engineers, chemists, architects, criminologists, certified public accountants,
nurses, physical therapists, dentists, social workers, psychologists, sociologists, guidance
counselors and teachers. Doctors of Medicine, members of the Philippine Bar and chaplains shall
be appointed to the rank of Corrections Senior Inspector in their particular technical service.

Section 14. Professionalization and Upgrading of Qualification Standards in the Designation of

Personnel of the BuCor to Key Positions. –

(a) No person shall be designated to the following key positions of the BuCor unless one
has met the qualifications provided therein:

(1) Sub-Colony Supervisor – 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 management, public administration, public
safety, criminology, penology, sociology, national security administration,
defense studies or other related disciplines from a recognized institution of
learning, and must have satisfactorily passed the necessary training or career
courses for such position as may be established by the BuCor;

(2) Colony Assistant Superintendent – Should have the rank of Chief Inspector,
who must have finished at least second year Bachelor of Laws or earned at least
twenty-four (24) units in a master’s degree program in management, public
administration, public safety, criminology, penology, sociology, national security
administration, defense studies or other related disciplines from a recognized
institution of learning, and must have satisfactorily passed the necessary training
or career courses for such position as may be established by the BuCor;
 (3) Colony Superintendent – Should have the rank of Superintendent, who must
be a graduate of Bachelor of Laws or a holder of a master’s degree in
management, public administration, public safety, criminology, penology,
sociology, national security administration, defense studies or other related
disciplines from a recognized institution of learning, and must have satisfactorily
passed the necessary training or career courses for such position as may be
established by the BuCor: Provided,  That in prison and penal farms with an
inmate population of two thousand (2,000) but below three thousand (3,000), the
Colony Superintendent shall have the rank and qualification of a Colony Senior
Superintendent; and

(4) Regional Superintendent – Should have the rank of Senior Superintendent or

Chief Superintendent, who must be a graduate of Bachelor of Laws or a holder of
a master’s degree in management, public administration, public safety,
criminology, penology, sociology, national security administration, defense
studies or other related disciplines from a recognized institution of learning, and
must have satisfactorily passed the necessary training or career courses for such
position as may be established by the BuCor: Provided, That in prison and penal
farms with an inmate population of three thousand (3,000) but below five
thousand (5,000), the Regional Superintendent shall have the rank and
qualification of a Colony Senior Superintendent: Provided, further, That in prison
and penal farms with an inmate population of over five thousand (5,000), the
Regional Superintendent shall have the rank and qualification of a Chief
Superintendent.

Any personnel of the BuCor who is currently occupying such position but lacks
any of the qualifications mentioned therein shall be given five (5) years to comply
with the requirements; otherwise, the personnel shall be relieved from the
position.

Section 15. Professionalization and Qualifications Upgrading Program. – The DOJ shall design
and establish a professionalization and qualifications upgrading program for personnel of the
BuCor, in coordination with the CSC and the Commission on Higher Education (CHED),
through an off-campus education program or other similar programs within ninety (90) days
from the effectivity of this Act.

Section 16. Attrition System for the Personnel of the BuCor. – There shall be established a
system of attrition for the personnel of the BuCor within five (5) years from the effectivity of this
Act, to be submitted by the said bureau to the DOJ 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 personnel of the BuCor who is
relieved and assigned to a position lower than what is established for the grade in the
respective staffing pattern, and who shall not be assigned to a position commensurate to
one’s grade within two (2) years after such demotion in position shall be separated or
retired from the service;
 (b) Attrition by Non-Promotion – Any personnel of the BuCor who has not been
promoted for a continuous period often (10) years shall be separated or retired from the
service, except for those who are occupying a third level position;

(c) Attrition by Other Means – Any personnel of the BuCor 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 rating periods;

(2) Inefficiency based on poor performance for three (3) cumulative semestral
rating periods;

(3) Physical and/or mental incapacity to perform one’s 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 cause or reason; and

(d) Separation or Retirement from the BuCor under this Section – Any personnel who is
dismissed from the BuCor pursuant to the above-enumerated principles in this section
shall be separated if one has rendered less than twenty (20) years of service, and be
retired if one has rendered at least twenty (20) years of service unless the concerned
personnel is disqualified by law to receive such benefits.

Section 17. Promotion System for the Personnel of the BuCor. – Within six (6) months after the
effectivity of this Act, the BuCor shall establish a system of promotion for the personnel of the
BuCor through the following principles:

(a) Rationalized Promotion System – The system of promotion shall be based on merit
and on the availability of vacant ranks in the BuCor staffing pattern. Such system shall be
gender-fair so as to ensure that women personnel of the BuCor shall enjoy equal
opportunity for promotion as to men;

(b) Requirements for Promotion –

(1) Any personnel of the BuCor shall not be eligible for promotion to a higher
rank unless one has met the minimum qualification standards or the appropriate
civil service eligibility set by the CSC, and has satisfactorily passed the required
psychiatric/psychological, drug and physical test; and

(2) Any personnel of the BuCor who has exhibited acts of conspicuous courage
and gallantry at the risk of one’s 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 DOJ and the CSC based on established criteria.
Section 18. Performance Evaluation System. – (a) There shall be established a performance
evaluation system which shall be administered in accordance with the rules, regulations and
standards, and a code of conduct for the personnel of the BuCor to be promulgated by the BuCor
through the DOJ. 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 public service.

(b) The rating system as contemplated herein shall be based on standards prescribed by the
BuCor through the DOJ and shall be considered the result of the annual
psychiatric/psychological and physical test conducted on the personnel of the BuCor.

Section 19. Standardization of the Base Pay and Other Benefits of the Uniformed Personnel of
the BuCor. – In order to enhance the general welfare, commitment to service and
professionalism, the following are considered uniformed personnel of the BuCor:

CUSTODIAL RANK REFORMATION RANK

Corrections Chief Superintendent  
Corrections Senior Superintendent Corrections Technical Senior Superintendent
Corrections Superintendent Corrections Technical Superintendent
Corrections Chief Inspector Corrections Technical Chief Inspector
Corrections Senior Inspector Corrections Technical Senior Inspector
Corrections Inspector Corrections Technical Inspector
Corrections Senior Officer IV Corrections Technical Senior Officer IV
Corrections Senior Officer III Corrections Technical Senior Officer III
Corrections Senior Officer II Corrections Technical Senior Officer II
Corrections Senior Officer I Corrections Technical Senior Officer I
Corrections Officer III Corrections Technical Officer III
Corrections Officer II Corrections Technical Officer II
Corrections Officer I Corrections Technical Officer I

The DBM shall determine the equivalent rank of the uniformed personnel of the BuCor patterned
after the existing ranks of the military and uniformed personnel of other departments.

The base pay, allowances and other benefits of the abovementioned personnel shall be in
accordance with the existing compensation and position classification laws and regulations.

Section 20. Retirement Benefits. – Upon compulsory retirement, any custodial officer from the
rank of Corrections Chief Superintendent and below shall be entitled to retirement benefits
computed on the basis of one grade higher than the position last held: Provided, That the
retirement pay shall be subject to adjustment/s based on the prevailing scale of base pay of the
uniformed personnel in the active service.
Section 21. Funding Source. – The funds required for the implementation of this Act including
personnel benefits shall be taken from the budget of the BuCor for the current fiscal year and
also from the following:

(a) Collections from clearances and certification fees;

(b) Income from institutional projects subject to memoranda of agreements (MOAs),

contracts or joint venture agreements; and

(c) Other miscellaneous incomes (outside MOAs and contracts), such as:

(1) Penal farm agro-production; and

(2) Inmate handicraft industry.

Thereafter, such amounts as may be necessary to implement this Act shall be included in
the annual General Appropriations Act.

Section 22. Implementation. – The implementation of this Act shall be undertaken in staggered

phases, but not to exceed five (5) years, taking into consideration the financial position of the
national government: Provided, That any partial implementation shall be uniform and
proportionate for all ranks.

Section 23. Implementing Rules and Regulations. – The DOJ, in coordination with the BuCor,
the CSC, the 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
provisions of this Act.

Section 24. Transitory Provisions. – (a) The incumbent Director and two (2) incumbent
Assistant Directors shall serve under the terms for which they have been appointed without need
of new appointments upon the enactment of this Act.

(b) All incumbent personnel who, upon the effectivity of this Act, shall opt to early or optionally
retire from the service will be entitled to the retirement benefits computed as follows:

<>Age Age Basis for Computing Benefits

57 62
<>58 63
59 64
60 65

(c) All incumbent personnel, upon the effectivity of this Act, may continue to render services
until one reaches the compulsory age of retirement for public officers of sixty-five (65). Those
who shall be newly hired will have a compulsory age retirement of fifty-six (56) years pursuant
to the prevailing provisions on retirement age of those who are in the uniformed services.

Section 25. Annual Report. – The BuCor, through the DOJ 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 BuCor through the DOJ, 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).

Section 26. 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.1âwphi1

Section 27. 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.

Section 28. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation,
whichever comes earlier.

Approved,

(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.

President of the Senate Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 6887 and Senate Bill No. 3335 was finally
passed by the House of Representatives and the Senate on February 5, 2013 and February 6,
2013, respectively.

(Sgd.) EDWIN B. BELLEN (Sgd.) MARILYN B. BARUA-YAP

Acting Senate Secretary Secretary General
House of Representatives

Approved: MAY 24 2013

(Sgd.) BENIGNO S. AQUINO III