REPUBLIC ACT No.

4864
AN ACT CREATING THE POLICE COMMISSION, AMENDING
AND REVISING THE LAWS RELATIVE TO THE LOCAL
POLICE SYSTEM, AND FOR OTHER PURPOSES
Section 1. Title of Act. This Act shall be known and may be cited as the
"Police Act of 1966".

Section 2. Purposes. It is hereby declared to be the policy and purpose of

this Act to achieve and attain a higher degree of efficiency in the
organization, administration, and operation of local police agencies with
the end in view that peace and order may be maintained more effectively
and the laws enforced with more impartiality. It is also the object of this
Act to place the local police service on a professional level.

Section 3. Creation of Police Commission. To carry out the objectives of

this Act, there is hereby created a Police Commission under the Office of
the President of the Philippines composed of a chairman and two other
members, to be appointed by the President with the consent of the
Commission on Appointments, and who shall hold office for a term of
seven years and may not be reappointed. Of the members of the Police
Commission first appointed, one shall hold office for seven years, another
for five years and the other for three years. The Chairman and members
of the Police Commission may only be removed from office for cause.
No person shall be appointed chairman or member of the Commission
unless he is a member of the Philippine Bar and has experience in police
work for at least ten years, or a holder of a bachelor's degree in police
administration or criminology and has experience in police work for at
least ten years.
The Director of the National Bureau of Investigation and the Chief of the
Philippine Constabulary shall be ex-officio members of the Police
Commission. The ex-officio members shall participate in the deliberations
of the Commission but shall not have the right to vote. They shall receive
no compensation but shall be entitled to reimbursement of actual expenses
incurred in the performance of their duties, which shall not exceed two
hundred pesos a month.
The Commission, which shall sit en banc, shall decide by majority vote.
Disqualification to decide cases brought to it shall be governed by Rule
137 of the Rules of Court.

Until Congress shall provide otherwise, the Chairman shall receive an

annual salary of twenty thousand pesos and the other members shall
receive an annual salary of eighteen thousand pesos each.

The Chairman shall be the executive officer of the Commission. In case

of absence due to temporary incapacity or disqualification of the
Chairman, the member who was appointed earlier shall act as Chairman
in an acting capacity. In case of death or permanent incapacity or
disqualification of the chairman, the said member shall also act as
chairman until a new chairman shall have been appointed.

The Chairman and members of the Police Commission shall not, during
their continuance in office, engage in the practice of any profession, or
intervene directly or indirectly, in the management or control of any
private enterprise which in any way may be affected by the functions of
their office. They shall not be, directly or indirectly, financially interested
in any contract with the government or any subdivision or instrumentality
thereof, including government-owned or controlled corporations.

Section 4. Power and Duties of the Commission. The Commission shall

have the following powers and duties:
(a) To advise the President on all matters involving local police
administration;

(b) To examine and audit, on a continuing basis, the performance,

activities, and facilities of all local police agencies throughout the country;

(c) To prepare a police manual prescribing rules and regulations for the
efficient organization, administration, and operation of the local police,
including their recruitment, selection and promotion;
(d) To conduct surveys and compile statistical data for the proper
evaluation of the state of efficiency of all local police agencies;

(e) To study, prepare and recommend to Congress the passage of

appropriate legislations defining questions of jurisdiction between the
National Bureau of Investigation, the Philippine Constabulary, and local
police agencies;

(f) To recommend to the President, after due investigation conducted by

the Police Commission en banc, the placing of any local police agency
under Philippine Constabulary control. When the President of the
Philippines has placed a local police agency under Philippine
Constabulary control, the Police Commission shall thereupon undertake
the necessary investigation and make the necessary recommendations;

(g) To approve the appointments of confidential agents, security agents,

special agents and informers by the governors or mayors which positions
are not permanent in the plantilla as provided for in the annual budget;

(h) To submit to Congress a study on the feasibility of organizing a

national police agency which shall be non-military and civilian in
character;

(i) To organize and develop police training programs and to operate police
academies;

(j) To establish a system of Uniform Crime Reports;

(k) To recommend within sixty days before the commencement of each

fiscal year, a crime prevention program;

(l) To recommend in consultation with the Secretary of Finance, the

release of funds as are herein or may hereafter be appropriated to carry
out the provisions of this Act;
(m) To render an annual report to the President and to Congress of its
activities and accomplishments during the calendar year, said report to be
submitted within 30 days after the end of the calendar year with an
appraisal of the conditions obtaining in the organization and
administration of local police agencies, and of the conditions of peace and
order prevailing in the cities, provinces and municipalities throughout the
contrary with recommendation of appropriate remedial legislation; and

(n) To prescribe minimum standard arms equipment, police uniform,

insignia of ranks, awards, and medals of honor for all local police agencies
after due consultation with the Philippine Heraldry Commission.

Section 5. Staff of the Commission. The Commission shall organize its

staff and with the approval of the President, may call upon qualified law-
enforcement experts in the government service to help in carrying out its
functions and responsibilities.

Section 6. Constitution of a City or Municipal Police Force. In each city

or municipality, there shall be a chief of police and such number of
policemen as the municipal board or council shall determine in
accordance with Section nineteen hereof. The council shall fix the
compensation of the officers and members of the local police agency in
accordance with Section twenty hereof.

Each municipality or city concerned shall, at its own expense, provide all
necessary police equipment, including arms, uniforms, and insignia in
conformity with the specifications of the Commission.

The Chief of Police shall be the proper custodian of all police equipment
and arms not issued to individual policemen for use and shall be
responsible therefor. Individual policemen shall be responsible for
equipment, arms, uniforms, and insignia issued to them for use.

Section 7. Duties of Peace Officers. All members of the police agency

shall be officers. It shall be their duty to preserve peace and order; prevent
the commission of crimes; protect life, liberty and property; and arrest all
violators of laws and ordinances within their jurisdiction. They shall
exercise the general powers to make arrest, searches and seizures in
accordance with law. They shall detain an arrested person only within the
period prescribed by law.

Section 8. Power to Appoint. Upon approval of this Act, appointment to

a local police agency shall be made by the mayor from the list of eligibles
certified by the Civil Service Commission: Provided, That in those cities
where the city council participates in the appointment of members of the
Police Force, the said power shall be maintained in accordance with their
respective charters: Provided, further, That all such appointments shall be
on probationary basis for a period of six months with an evaluation and
recommendation report for retention or dismissal by the chief of police
prior to the expiration thereof: Provided, furthermore, That the power to
appoint the Chief of Police, Assistant Chief of Police or Chief of the
Secret Service of the Police Department in accordance with the provisions
of existing city charters shall continue to be vested in the President until
December 31, 1967.

In the event of disagreements between the mayor and the municipal board
or city council in those chartered cities where the municipal board or city
council participates in the appointment of members of the police force,
and between the municipal mayor and municipal council in case of
municipalities regarding the appointment of Chief of Police, and such
disagreements shall continue for a period of ninety days, the same shall
be referred to the Police Commission whose decision shall be final.

The provisions of this section shall be without prejudice to the tenure of

the incumbent chiefs of police, assistant or deputy chiefs of police and
chiefs of the secret service and those holding office on January 1, 1968 in
accordance with existing laws and/or civil service rules and regulations
all of whom can only be removed for cause: Provided, finally, That the
municipal mayor, city mayor and provincial governor shall in no case
appoint special policemen or special agents or confidential agents within
sixty days before and after every election.

Section 9. General Qualifications for Appointment. No person shall be

appointed to a local police agency unless he possesses the following
qualifications:

(1) He must be a citizen of the Philippines;

(2) He must be a person of good habits and moral conduct;

(3) He must be of sound mind and body;

(4) For appointment in the municipalities he must have at least completed

high school, and for provinces and cities, at least completed two years
college;

(5) He must have no criminal record;

(6) He must not have been dishonorably discharged from military

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

(7) He must not be less than twenty-three nor more than thirty-three years
of age;

(8) He must be at least five feet, five inches in height in the case of
provinces and chartered cities and five feet four inches in the case of
municipalities; and,

(9) He must not weigh less than one hundred twenty pounds.
Persons who at the time of the approval of this Act have rendered at least
five years of satisfactory service in a provincial, city or municipal police
agency although they have not qualified in an appropriate civil service
examination are considered as civil service eligibles for the purpose of
this Act.
Section 10. Minimum qualification for appointment as Chief of Police
Agency. No person may be appointed chief of a city police agency unless
he holds a bachelor's degree from a recognized institution of learning and
has served either in the Armed Forces of the Philippines or the National
Bureau of Investigation, or has served as chief of police with exemplary
record, or has served in the police department of any city with the rank of
captain or its equivalent therein for at least three years; or any high school
graduate who has served as officer in the armed forces for at least eight
years with the rank of captain and/or higher.

No person may be appointed chief of a municipal police agency unless he

holds a bachelor's degree from a recognized institution of learning or any
high school graduate who has served the police agency of a city or a
municipality or has served as officer in the Armed Forces for at least five
years from the rank of lieutenant or detective lieutenant and/or higher.
Where no civil service eligible is available, provisional appointment may
be made in accordance with Civil Service Law and rules: Provided, That
the appointee possesses the above educational qualification: Provided,
further, That in no case shall such appointment extend beyond six months,
except for a valid cause, and with the approval of the Civil Service
Commission.

Section 11. Qualifications for Permanent Appointment; Preference;

Temporary Appointment. Except as herein provided, no person shall be
permanently appointed to any position in the local police force or agency
unless he has qualified in an appropriate or police service examination. In
the absence of civil service eligibles preference for appointment shall be
given to candidates who have completed police training courses abroad
sponsored by the NEC-AID or any other sponsoring agency, or the police
training courses of the Philippine Constabulary School or the National
Bureau of Investigation Academy, or any public or private police training
school accredited by the government, or have completed military trainee
instructions, or are officers or enlisted men who have been honorably
discharged from the Armed Forces of the Philippines.
Where no civil service eligible is available, provisional appointment may
be made in accordance with Civil Service Laws and rules: Provided, That
in case of a patrolman-appointee, he shall possess at least the general
qualifications provided for in Section nine of this Act.

Section 12. Promotional Rules. Promotions shall be made by the local

chief executive concerned upon consultation or advice of the chief of the
local police agency from among those who shall have passed the
corresponding promotional examination given by the Civil Service
Commission.

Section 13. Civil Service Examination. All examinations in relation to

police service shall be conducted by the Civil Service Commission. The
Civil Service Commissioner shall announce from time to time, the date
and place of examination, which shall not be less than once in two years,
to qualify for all ranks and grades in the police service, which
examinations shall be held in accordance with the rules and regulations
promulgated in the Police Manual: Provided, however, That the bar
examinations are declared as civil service examination for purposes of
original and promotional appointment. The Civil Service Commission
shall likewise prescribe, announce and hold examinations to qualify for
technical positions in police laboratories such as questioned documents
experts, ballistics experts, and other fields of scientific criminology.

Section 14. Removal and suspension of members of the Police Force or

Agency. Members of the local police agency shall not be suspended or
removed except upon written complaint filed under oath with the Board
of Investigators herein provided for misconduct or incompetency,
dishonesty, disloyalty to the Government, serious irregularities in the
performance of their duties, and violation of law.

Section 15. Board of Investigators. In every local police agency there

shall be a Board of Investigators. Charges against any member of the city
and/or municipal police agency shall be investigated by a Board of
Investigators of three members, composed of the city or municipal
treasurer, as chairman, a representative of the Provincial Commander, and
a councilor, elected by a majority of the city or municipal council
concerned, as members.

Copy of the charges shall be furnished the respondent by the chairman of

the Board of Investigators within five days from the date of filing of said
charges, and the respondent shall answer within five days from receipt
thereof. The Board of Investigators shall conduct its investigation in
public within five days from receipt of respondent's answer to the charges
or from the expiration of respondent's period to answer, whichever is
earlier and unless for good cause shown, the investigation shall be finished
within thirty days thereafter, and the Board shall submit the records of the
investigation, its findings and recommendations to the Police Commission
within thirty days after the termination of the investigation. The decision
of the Police Commission shall be final and must be rendered within
seventy-five days from the time of receipt of the findings of the Board.
Disciplinary jurisdiction of offenses involving suspension of not more
than ten days or forfeiture of not more than fifteen days' pay is vested in
the chief of the police agency concerned whose decision shall be final.

The Board of Investigators shall also conduct investigations and decide

claims relative to benefits as provided under this Act, subject to appeal to
the Police Commission whose decision shall be final.

Section 16. Suspension of Members of the Police Force or Agency. When

an administrative charge is filed under oath against any member of the
local police agency, the city mayor or municipal mayor, as the case may
be, may suspend the respondent: Provided, That the charge involves
disloyalty to the government, dishonesty, oppression, grave misconduct,
serious irregularities, or serious neglect of duty, if there are strong reasons
to believe that the respondent is probably guilty thereof which would
warrant his suspension or removal from the service. The preventive
suspension shall not be more than sixty days, after which the respondent
shall be reinstated to the service without prejudice to the continuation of
the case until its final disposition: Provided, however, That if the delay in
the disposition of the case is due to the fault, negligence, or petition of the
respondent, the period of the delay shall not be counted in computing the
period of suspension herein provided. The respondent shall be entitled to
his salary for the period of suspension upon exoneration.

When a member of the police force or agency is accused in court of any

felony or violation of law by the city or municipal attorney or by the chief
of the municipal police or the provincial or assistant provincial fiscal or
city or assistant city fiscal, as the case may be, the city mayor or municipal
mayor concerned, shall immediately suspend the accused from office
pending the final decision by the court, and in case of acquittal, the
accused shall be entitled to immediate reinstatement and the payment of
the entire salary he failed to receive during his suspension; Provided,
however, That trial and disposition of criminal cases against members of
the police forces shall be accorded priority by the courts.

Section 17. Filing of Vacancy. In case of vacancy caused by death,

retirement, resignation, suspension or removal in a local police agency,
the mayor shall fill such vacancy as provided for in this Act. In case of
suspension and when required by the exigencies of the service, the
appointment will only be for the duration of the suspension. Whenever a
temporary vacancy occurs in the office of the Chief of Police, the Deputy
Chief of Police shall automatically assume the office.

Section 18. City or municipal police ranks and positions. For purposes of
efficient administration, uniformity, and discipline, the ranks and
positions in the city or municipal police force shall remain as they have
heretofore been in use in the police service: Provided, That all incumbents
extended permanent appointments in the police force under any provision
of law prior to the effectivity of this Act, shall continue in office and shall
enjoy the full protection for all intents and purposes, of this Act.

Section 19. Police Strength. The minimum number of policemen in a city

or municipality shall be proportionate to its population, according to the
latest official census, at the rate of at least one policeman for every one
thousand inhabitants: Provided, That the minimum number of policemen
in a municipality shall in no case be less than that prescribed hereunder:
For first-class municipalities, at least fifty members; for second-class
municipalities, at least forty members; for third-class municipalities, at
least twenty members; for fourth-class municipalities, at least fifteen
members; for fifth-class municipalities, at least ten members; for sixth and
seventh-class municipalities, at least eight members: Provided, That in
municipal districts of lower category, there must at least be one patrolman.

Section 20. Salaries. Minimum salaries of the members of the city or

municipal police force shall be as prescribed hereunder:
(a) Minimum Salaries of Municipal Police. The salaries of the members
of the municipal police shall be fixed by their respective municipal
councils subject to the following limitations:
In first-class municipalities, the minimum salaries of patrolmen shall be
two thousand four hundred pesos per annum; in second-class
municipalities, two thousand two hundred eighty pesos per annum in
third-class municipalities to the seventh-class, two thousand one hundred
sixty pesos per annum: Provided, That for purposes of this Act, first-class
municipal districts shall be considered as seventh, class municipalities.

(b) Minimum salaries for City Police. The salaries of the members of the
city police shall be fixed by their respective city councils subject to the
following limitations: In first-class cities, the minimum salaries of
patrolmen shall not be less than three thousand pesos per annum; in
second-class cities, not less than two thousand six hundred forty pesos per
annum; in third-class cities, not less than two thousand four hundred pesos
per annum; and in fourth and fifth-class cities, not less than two thousand
one hundred sixty pesos per annum.

(c) The annual salary of the chief of police in chartered cities as classified
under Republic Act Numbered Three thousand seven hundred nineteen
shall not be less than the following:
First-class cities, the annual salary of twelve thousand pesos; second-class
cities, the annual salary of nine thousand six hundred pesos; third-class
cities, the annual salary of eight thousand four hundred pesos; fourth-class
cities, the annual salary of seven thousand eight hundred pesos; and fifth-
class cities, the annual salary of seven thousand two hundred pesos.

(d) The annual salary of the chief of police in municipalities as classified

under Republic Act Numbered Two thousand three hundred sixty-eight
shall not be less than the following:
First-class (first-one), the annual salary of six thousand pesos; first-class
(first-two), the annual salary of five thousand four hundred pesos; first-
class (first-three), the annual salary of five thousand one hundred pesos;
first-class (first-four) the annual salary of four thousand eight hundred
pesos; first-class (first-five) the annual salary of four thousand five
hundred pesos; second-class, the annual salary of four thousand two
hundred pesos; third-class, the annual salary of three thousand six hundred
pesos; fourth-class, the annual salary of three thousand pesos; fifth, sixth
and seventh-classes, the annual salary of two thousand four hundred
pesos.

(e) In both city and municipal police, the difference in monthly salary
from the rank to the next higher rank shall not be less than twenty
pesos.1awp++i1

(f) No member of the city or municipal police shall suffer any decrease in
salary by operation of this Act.

(g) Salary subsidies shall by given to cities and municipalities by the

National Government in the amount of one-half of the total minimum
annual salaries for the police force as prescribed herein: Provided,
however, That salaries of additional policemen in excess of the prescribed
minimum number shall be borne exclusively by the city or municipality
concerned.

Section 21. Death and Disability Benefits. Notwithstanding any provision

of existing laws, rules and regulations to the contrary, when a member of
a local police force or agency is injured while in the performance of duty
or contracts sickness or disease arising out of the performance of duty,
absence during any period of such disability thereby occasioned, shall be
on full pay, and he shall be entitled to payment of medicines, medical
attendance, hospital fees, necessary transportation and subsistence.
Absence in the cases enumerated above shall not be charged against
vacation or sick leaves. He shall, in addition, be entitled to a lump sum
gratuity of from one hundred to two thousand pesos, depending upon the
merits of the case.

In addition to premiums due the Government Service Insurance System

for members of the local policy agency, the proper governmental entity
shall pay the premiums due for whatever group insurance policy which
may be in force.

If a member is killed or dies from injuries suffered or sickness contracted

in the line of duty, the surviving spouse or if there be none, dependents,
or the surviving parents or brothers and sisters, shall be entitled, in
addition to the foregoing benefits, to one year's salary which shall in no
case be less than four thousand pesos, and burial expenses equivalent to
three month's salary, which shall in no case be less than five hundred
pesos.

If such member is permanently disabled as a result of injuries suffered or

sickness contracted in line of duty, the city or municipal mayor shall cause
the compulsory retirement of such member upon certification by the city
or municipal health officer that the extent of the disability or sickness
renders such member unfit or unable to further perform the duties of peace
officer, in which case he shall be entitled to a gratuity equivalent to one
year's salary which shall in no case be less than four thousand pesos in
addition to the foregoing benefits, and to a lifetime pension equivalent to
eighty per cent of his last salary.

In the event the disabled party believes that he is not totally disabled, he
can appeal to the Police Commission whose decision shall be final.
All disbursements herein contemplated shall be authorized by the
Commission upon recommendation of the Board of Investigators.
All compensation herein granted shall not be subject to attachment, levy,
execution or any tax whatsoever, nor affect benefits received or to be
received from the Government Service Insurance System. Claims under
this Act shall not prescribe.

Section 22. Appropriation. For purposes of underwriting as aid to cities

and municipalities, the compensation of the police force or agencies and
the benefits as provided for in the preceding sections, the extension of
scholarship training or study grants to deserving police officers, and for
the operation of the Police Commission, the sum of twenty million pesos
or so much thereof as may be necessary is hereby appropriated out of any
funds in the National Treasury not otherwise appropriated: Provided, That
not more than two per cent of the appropriation herein provided shall be
used for the salaries of the members of the staff provided for in Section
five of this Act for administrative purposes. Thereafter, such amount as is
necessary to carry out the provisions of this Act shall be included in the
annual General Appropriations Act.

Section 23. Prohibition. Within two months immediately preceding any

election for public office and within one month thereafter, unless
authorized by the Commission on Elections, it shall be unlawful for any
member of the city or municipal police force to act as bodyguard or
security guard of any public official or of any person who is a candidate
for any elective public office or position.

Section 24. Penal Clause. Any person who, in violation of the provisions
of this Act and/or Civil Service rules and regulations, unduly interferes in
the performance of the legitimate functions of law enforcement or that of
the Board of Investigators, shall be punished with imprisonment for not
less than three months nor more than one year, and a fine not exceeding
one thousand pesos.

Section 25. Repealing Clause. The provisions of Republic Act Numbered

Five hundred fifty-seven and of executive orders, rules and regulations,
inconsistent with this Act are hereby repealed or modified accordingly.
Section 26. Saving Clause. All pending administrative cases involving
police service and personnel shall be absorbed by the Police Commission
one hundred days after the publication of the Police Manual containing
rules and regulations relative to such matters.

Section 27. Separability Clause. If any part, section, or provision of this

Act be held invalid of unconstitutional, no other part, section or provision
thereof shall be affected thereby.

Section 28. Effectivity. This Act shall take effect upon its approval.

Approved: August 8, 1966