PRESIDENTIAL DECREE NO.

1744

AMENDING ARTICLE THREE HUNDRED AND TWENTY OF THE REVISED PENAL

CODE PROVISIONS ON ARSON

WHEREAS, there have been rampant and wanton burnings of residential houses, public
buildings, markets, hotels and other commercial establishments;

WHEREAS, to effectively discourage and deter the commission of arson, and to prevent
destruction of properties and protect the lives of innocent people, it is necessary that the
capital punishment be imposed upon arsonists;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of

the power vested in me by the Constitution, do hereby order and decree that Article 320,
Revised Penal Code be amended:

Sec. 1. Article 320 of the Revised Penal Code shall read as follows:

―Art. 320. Destructive Arson. — The penalty of reclusion temporal in its maximum period to
death shall be imposed upon any person who shall burn:

1. One (1) or more buildings or edifices, consequent to one single act of burning or as a
result of simultaneous burnings, or committed on several or different occasions;

2. Any building of public or private ownership, devoted to the public in general or where
people usually gather or congregate for a definite purpose such as but not limited to official
governmental function or business, private transaction, commerce, trade workshop,
meetings and conferences, or merely incidental to a definite purpose such as but not limited
to hotels, motels, transient dwellings, public conveyance or stops or terminals, regardless of
whether the offender had knowledge that there are persons in said building or edifice at the
time it is set on fire and regardless also of whether the building is actually inhabited or not.

3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or

conveyance, or for public use, entertainment or leisure.

4. Any building, factory, warehouse installation and any appurtenances thereto, which are
devoted to the service of public utilities.

5. Any building the burning of which is for the purpose of concealing or destroying evidence
of another violation of law, or for the purpose of concealing bankruptcy or defrauding
creditors or to collect from insurance.

Irrespective of the application of the above enumerated qualifying circumstances, the penalty
of death shall likewise be imposed when the arson is perpetrated or committed by two (2) or
more persons or by a group of persons, regardless of whether their purpose is merely to
burn or destroy the building or the burning merely constitutes an overt act in the commission
or another violation of law.

The penalty of reclusion temporal in its maximum period to death shall also be imposed
upon any person who shall burn:

1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance,

storehouse, archives or general museum of the government.
2. In an inhabited place, any storehouse or factory of inflammable or explosive materials.

If as a consequence of his commission of any of the acts penalized under this Article, death
or injury results, or any valuable documents, equipment, machineries, apparatus, or other
valuable properties were burned or destroyed, the mandatory penalty of death shall be
imposed.‖

Sec. 2. Provisions of Articles 320, 321 and 322 of the Revised Penal Code which are or may
be inconsistent herewith are hereby repealed.

Sec. 3. Effectivity. — This Decree shall take effect immediately.

Done in the City of Manila, this 11th day of November, in the year of Our Lord, nineteen
hundred and eighty.
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 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.
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 Philippines in Congress

assembled:

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

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

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

Moreover, Section 3 of the Republic Act No. 8551, otherwise known as the "Philippine
National Police Reform and Reorganization Act of 1998", provides that in times of national
emergency, BFP and the BJMP along with the Philippine National Police (PNP) shall, upon
the direction of the President, assist the Armed Forces of the Philippines (AFP) in meeting
the national emergency, in addition to the 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 27
Superintendent
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.
Republic Act No. 9592 May 08, 2009

AN ACT EXTENDING FOR FIVE (5) YEARS THE REGLEMENTARY PERIOD FOR
COMPLYING WITH THE MINIMUM EDUCATIONAL QUALIFICATION AND
APPROPRIATE ELIGIBILITY IN THE BUREAU OF FIRE PROTECTION (BFP) AND THE
BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), AMENDING FOR THE
PURPOSE CERTAIN PROVISION OF REPUBLIC ACT NO. 9263, OTHERWISE KNOWN
AS THE "BUREAU OF FIRE PROTECTION AND BUREAU OF JAIL MANAGEMENT AND
PENOLOGY PROFESSIONALIZATION ACT OF 2004" AND FOR OTHER PURPOSES

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

assembled::

Section 1. - Section 4 of Republic Act No. 9263 is hereby amended to read as follows:

"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 tests for the
purpose of determining his/her physical and mental health;

"d) Must possess a baccalaureate degree from a recognized institution of learning;

"e) Must possess the appropriate civil service eligibility;

"f) Must not have been dishonorably discharged or dismissed for cause from
previous employment;

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

"h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male,
and one meter and fifty-seven centimeters (1.57 m.) for female: Provided, That a
waiver for height and age requirements 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 applicant must not 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 a ground for separation or retirement from the service:
Provided, further, That the uniformed personnel who are already in the service prior
to the effectivity of this Republic Act No. 9263 shall be given another five (5) years to
obtain the minimum educational qualification and appropriate civil service eligibility to
be reckoned from the date of the effectivity of this act: Provided, furthermore, that
 concerned BFP and BJMP members who have rendered more than fifteen (15) years
of service at the time of the effectivity of this Act shall no longer be required to
comply with the aforementioned educational and eligibility requirements. Likewise
those personnel who have acquired National Police Commission (NAPOLCOM)
eligibility prior to the effectivity of Republic Act No. 9263 shall no longer be required
to obtain the appropriate civil service eligibility: Provided, finally, That within the five-
year extension period stipulated herein, the issue of whether or not the BFP shall be
devolved to local government units shall be revisited by Congress, and as
circumstances demand, be immediately implemented.

"After the lapse of the time 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 from 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."

Section 2. Section 10 of Republic Act No. 9263 is hereby amended as read as follows:

"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 Civil Service Commission
(CSC), and has the satisfactorily passed the required
psychiatric/psychological, drug and physical test: Provided, however, That
concerned BFP and the BJMP personnel who obrained NAPOLCOM eligibility
prior to the effectivity of Republic Act No. 9263 shall be considered to have
complied with the appropriate civil service eligibility requirement.

"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."

Section 3. Implementing Rules and Regulations. - The Department of the Interior and
Local Government (DILG), in coordination with the BFP, the BJMP, the CSC and the
Commission on Higher Education (CHED), shall promulgate within sixty (60) days the
necessary rules and regulations for the effective implementation of this Act.
Section 4. Separability Clause. - If for any reason, any provision of this Act is declared to
be unconstitutional or invalid, the other sections or provisions hereof which are not affected
thereby shall continue to be in full force and effect.

Section 5. Repealing Clause. - All laws, decrees, orders, rules and regulations and other
issuances or parts thereof which are inconsistent with this Act are hereby repealed,
amended or modified accordingly.

Section 5. Effectivity Clause. - This Act shall take effect upon its publication in at least two
(2) national newspapers of general circulation.