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Republic of the PhilippinesCongress of the Philippines

Metro Manila

Fourth Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July,nineteen hundred and ninety.

Republic !ct "o. #$%&'

!" !C( )S(!B*+S+" () P+*+PP+") "!(+"!* P*+C)/"0)R ! R)R!"+1)0 0)P!R(M)"( F () +"()R+R

!"0 *C!* 2)R"M)"(, !"0 FR ()R P/RPS)S

Be it enacted by the Senate and ouse of Representati3es of the Philippinesin Congress asse4bled.

S)C(+" 5. Title of the Act. (his !ct shall be 6nown as the 0epart4ent ofthe +nterior and *ocal o3ern4ent !ct of 5$$7.8

S)C. 9. Declaration of Policy. +t is hereby declared to be the policy of theState of pro4ote peace and order, ensure public safety and further strengthen the

local go3ern4ent capability ai4ed towards the effecti3e deli3ery of the basic ser3icesto the citi:enry through the establish4ent of a highly efficient and co4petent police

force that is national in scope and ci3ilian in character. (owards this end, the Stateshall bolster a syste4 of coordination and cooperation a4ong the citi:enry, local

e;ecuti3es and the integrated law enforce4ent and public safety agencies under this!ct.

(he police force shall be organi:ed, trained and e

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functions of the 0epart4ent of *ocal o3ern4ent in addition to the powers andfunctions as herein pro3ided.

S)C. #. !rgani"ation (he 0epart4ent shall consist of the 0epart4ent

Proper, the e;isting bureaus and offices of the 0epart4ent of *ocal o3ern4ent, the"ational Police Co44ission, the Philippine Public Safety College, and the following

bureausA the Philippine "ational Police, the Bureau of Fire Protection, and the Bureauof Jail Manage4ent and Penology.

S)C. %. Department Proper. (he 0epart4ent Proper shall consist of the

e;isting staff ser3ice as pro3ided for under );ecuti3e rder "o. 9#9 and thefollowing officesA

a' !ffice of the #ecretary> (he ffice of the Secretary shall consist of theSecretary and his i44ediate staff and

b' !ffice of the $ndersecretaries and Assistant #ecretaries> (he Secretaryshall be assisted by two 9' /ndersecretaries, one 5' for local

go3ern4ent and the other for peace and order, at least one 5' of who44ust belong to the career e;ecuti3e ser3ice, and three =' career

!ssistant Secretaries.

S)C. . %ead of the Department (he head of the 0epart4ent, hereinafterreferred to as the Secretary, shall also be the e; officio Chair4an of the "ational

Police Co44ission and shall be appointed by the President sub?ect to confir4ation ofthe Co44ission on !ppoint4ents. "o retired or resigned 4ilitary officer or police

official 4ay be appointed as Secretary within one 5' year fro4 the date of hisretire4ent or resignation.

S)C. $. General Poers& Terms of !ffice and Compensation of the #ecretary

> (he authority and responsibility for the e;ercise of the 0epart4entDs power andfunctions shall be 3ested in the Secretary, who shall hold office at the pleasure of the

President and shall recei3e the co4pensation, allowances and other e4olu4ents to

which head of depart4ents are entitled.

S)C. 57. #pecific Poers and 'unctions of the #ecretary +n addition to hispowers and functions as pro3ided in );ecuti3e rder "o. 9#9, the Secretary as

0epart4ent head shall ha3e the following powers and functionsAa' Prepare and sub4it periodic reports, including a Euarterly !nti-Cri4e

perationDs Report and such other reports as the President and Congress

4ay re

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S)C. 59. (elationship of the Department ith the Department of )ationalDefense. 0uring a period of twenty-four 9@' 4onths fro4 the effecti3ity of this

!ct, the !r4ed Forces of the Philippines !FP' shall continue its present role ofpreser3ing the internal and e;ternal security of the StateA Pro3ided, (hat said period

4ay be e;tended by the President, if he finds it ?ustifiable, for another period note;ceeding twenty-four 9@' 4onths, after which, the 0epart4ent shall auto4atically

ta6e o3er fro4 the !FP its pri4ary role of preser3ing internal security, lea3ing to the!FP its pri4ary role of preser3ing e;ternal security. owe3er, e3en after the0epart4ent has assu4ed pri4ary responsibility on 4atters affecting internal

security, including the suppression of insurgency, and there are serious threats to

national security and public order, such as where insurgents ha3e gainedconsiderable foothold in the co44unity thereby necessitating the e4ploy4ent of

bigger tactical forces and the utili:ation of higher caliber ar4a4ents and betterar4ored 3ehicles, the President 4ay, upon reco44endation of the peace and order

council, upon the !r4ed Forces of the Philippines to assu4e the pri4ary role of thePhilippine "ational Police P"P' to play the supporti3e role in the area concerned.

+n ti4es of national e4ergency, all ele4ents of the P"P, the Bureau of FireProtection, and the Bureau of Jail Manage4ent and Penology shall, upon direction of

the President, assist the !r4ed Forces of the Philippines in 4eeting the national

e4ergency.(he co4ple4entary relationship between the 0epart4ent of the +nterior and

*ocal o3ern4ent and the 0epart4ent of "ational 0efense in any of the preceding

e3entualities shall be ?ointly prescribed by their respecti3e Secretaries in a4e4orandu4 of agree4ent that shall thereafter be published and i4ple4ented.

CHAPTER II

THE NATIONAL POLICE COMMISSION

S)C. 5=. Creation and Composition. ! "ational Police Co44ission

hereinafter referred to as the Co44ission, is hereby created for the purpose of

effecti3ely discharging the functions prescribed in the Constitution and pro3ided inthis !ct. (he Co44ission shall be a collegial body within the 0epart4ent. +t shall

be co4posed of a Chair4an and four @' regular co44issioners, one 5' of who4shall be designated as 2ice-Chair4an by the President. (he Secretary of the

0epart4ent shall be the e* officioChair4an of the Co44ission, while the 2ice-Chair4an shall act as the e;ecuti3e officer of the Co44ission.

S)C. 5@. Poers and 'unctions of the Commission. (he Co44ission shalle;ercise the following powers and functionsA

a' );ercise ad4inistrati3e control o3er the Philippine "ational Policeb' !d3ise the President on all 4atters in3ol3ing police functions and

ad4inistrationc' Foster and de3elop policies and pro4ulgate rules and regulations,

standards and procedures to i4pro3e police ser3ices based on soundprofessional concepts and principles.

d' );a4ine and audit, and thereafter establish the standards for suchpurposes on a continuing basis, the perfor4ance, acti3ities, and

facilities of all police agencies throughout the countrye' Prepare a police 4anual prescribing rules and regulations for efficient

organi:ation, ad4inistration, and operation, including recruit4ent,selection, pro4otion and retire4ent

f' )stablish a syste4 of unifor4 cri4e reporting

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g' Conduct sur3eys and co4pile statistical data for the proper e3aluationof the efficiency and effecti3eness of all police units in the country.

h' Render to the President and to the Congress an annual report on itsacti3ities and acco4plish4ents during the thirty =7' days after the end

of the calendar year, which shall include an appraisal of the conditionsobtaining in the organi:ational and ad4inistration of police agencies in

the 4unicipalities, cities, and pro3inces throughout the country, andreco44endations for appropriate re4edial legislation.

i' !ppro3e or 4odify plans, and progra4s on education and training,

logistical re

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S)C. 5. (emoval from !ffice. (he 4e4bers of the Co44ission 4ay bere4o3ed fro4 office for cause. !ll 3acancies in the Co44ission, e;cept through

e;piration of ter4, shall be filled up for the une;pired ter4 only. Pro3ided, (hat anyperson who shall be appointed in this case shall be eligible for regular appoint4ent

for another full ter4.

S)C. 5$. Prohibitions. (he Chair4an and 4e4bers of the Co44issionshall not engage in the practice of any profession, or inter3ene, directly or indirectly,in the 4anage4ent and control or any pri3ate enterprise. (hey shall not, directly or

indirectly, ha3e any financial or 4aterial interest in any transaction re

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#' (he +nstallations and *ogistics Ser3ice, which shall re3iew theCo44issionDs plans and progra4s and for4ulate policies and

procedures regarding ac

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established, initially consisting of the 4e4bers of the police forces who wereintegrated into the +ntegrated "ational Police +"P' pursuant to Presidential 0ecree

"o. %#&, and the officers and enlisted personnel of the Philippine Constabulary PC'.For purposes of this !ct, the officers and enlisted personnel of the PC shall include

those assigned with the "arcotics Co44and "!RCM' or the Cri4inal +n3estigationSer3ice and those of the technical ser3ices of the !FP assigned with the PC and the

ci3ilian operati3es of the C+S. (he regular operati3es of the abolished "!P*CM+nspection, +n3estigation and +ntelligence Branch 4ay also be absorbed by the P"P.+n addition, a PC officer or enlisted personnel 4ay transfer to any of the branches or

ser3ices of the !r4ed Forces of the Philippines in accordance with the pro3isions of

Section & of this !ct.+n order to be

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S)C. 9&. !rgani"ation (he P"P shall be headed by a Chief who shall beassisted by two 9' deputy chiefs, one 5' for operations and one 5' for

ad4inistration, both of who4 shall be appointed by the President uponreco44endation of the Co44ission fro4 a4ong the 4ost senior and

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S)C. 9. (an Classification. > For purposes of efficient ad4inistration,super3ision and control, the ran6 classification of the 4e4bers of the P"P shall be as

followsA0irector eneral

0eputy 0irector eneral0irector

Chief SuperintendentSenior SuperintendentSuperintendent

Chief +nspector

Senior +nspector+nspector

Senior Police fficer +2Senior Police fficer +++

Senior Police fficer ++Senior Police fficer +

Police fficer +++Police fficer ++

Police fficer +

S)C. 9$. /ey Positions.> (he head of the P"P with the ran6 of directorgeneral shall ha3e the position title of Chief of the P"P. (he second in co44and of

the P"P with the ran6 of deputy director general shall be the 0eputy Chief of the P"P!d4inistration. (he third in co44and with the ran6 also of deputy director general

shall be the 0eputy Chief of the P"P for perations.!t the national office, the head of the directorial staff shall ha3e the ran6 of

director general shall be 6nown as Chief of the 0irectorial Staff of the P"P.(he heads of the 3arious staff di3isions in the directorial staff shall ha3e the

ran6 of director with the position title of 0irector of the 0irectorial Staff of theirrespecti3e functional di3isionsA (he head of the +nspectorate 0i3ision with the ran6 of

chief superintendent shall assu4e the position title of +nspector eneral. (he heads

of the ad4inistrati3e and operational support di3isions shall ha3e the ran6 of chiefsuperintendent.

(he head of the "CR with the ran6 of director shall assu4e the position titleof "CR 0irector.

(he heads of the regional offices with the ran6 of chief superintendent shallassu4e the position title of Regional 0irector.

(he heads of the "CR district offices with the ran6 of chief superintendent

shall ha3e the position title of 0istrict 0irector.(he heads of the pro3incial offices with the ran6 of senior superintendent shall

be 6nown as Pro3incial 0irector.(he heads of the district offices with the ran6 of superintendent shall ha3e the

position title of 0istrict 0irector.(he heads of the 4unicipality or city offices with the ran6 of chief inspector

shall be 6nown as Chief of Police.

S)C. =7. General +ualifications for Appointment. > "o person shall beappointed as officer or 4e4ber of the P"P unless he possesses the following

4ini4u4

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d' Must possess a for4al baccalaureate degree for appoint4ent as officerand 4ust ha3e finished at least second year college or the e

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degree fro4 a recogni:ed institution of learning or has ser3ed in the PhilippineConstabulary or in the police depart4ent of any city or 4unicipality with the ran6 of

captain or its e 5' Cri4e *aboratory. (here shall beestablished a central Cri4e *aboratory to be headed by a 0irector with the ran6 of

chief superintendent, which shall pro3ide scientific and technical in3estigati3e aid andsupport to the P"P and other go3ern4ent in3estigate agencies.

+t shall also pro3ide cri4e laboratory e;a4ination, e3aluation andidentification of physical e3idences in3ol3ed in cri4es with pri4ary e4phasis

on their 4edical, che4ical, biological and physical nature.(here shall li6ewise be established regional and city cri4e laboratories

as 4ay be necessary in all regions and cities of the country.

9' *ogistic /nit. eaded by a 0irector with the ran6 of chiefsuperintendent, the *ogistics unit shall be responsible for the procure4ent,

distribution and 4anage4ent of all the logistical re

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licensing of firear4s and e;plosi3es, shall be decentrali:ed to the P"P regionaloffices.

b' !perational #upport $nits > 5' Mariti4e Police /nit. eaded by a

0irector with the ran6 of chief superintendent, the Mariti4e Police /nit shall perfor4all police functions o3er the Philippine territorial waters and ri3ers.

9' Police +ntelligence /nit. eaded by a 0irector with the ran6 of chiefsuperintendent, the Police +ntelligence /nit shall ser3e as the intelligence

and counterintelligence operating unit of the P"P.

=' Police Security /nit. eaded by a 0irector with the ran6 of chiefsuperintendent, the Police Security /nit shall pro3ide security for

go3ern4ent officials, 3isiting dignitaries and pri3ate indi3idualsauthori:ed to be gi3en protection.

@' Cri4inal +n3estigation /nit. eaded by a 0irector with the ran6 of chief

superintendent, the Cri4inal +n3estigation /nit shall underta6e the4onitoring, in3estigation and prosecution of all cri4es in3ol3ing econo4ic

sabotage, and other cri4es of such 4agnitude and e;tent as to indicate their

co44ission by highly placed or professional cri4inal syndicates andorgani:ations.

(his unit shall li6ewise in3estigate all 4a?or cases in3ol3ing 3iolations

of Re3ised Penal Code and operate against organi:ed cri4e groups, unless thePresident assigns the case e;clusi3ely to the "ational Bureau of +n3estigation

"B+'. &' Special !ction Forces. eaded by a 0irector with the ran6 of chief

superintendent, the Special !ction Forces shall function as a 4obile stri6eforce or reaction unit to aug4ent regional, pro3incial, 4unicipal and city

police forces for ci3il disturbance control, counterinsurgency, hostage-ta6ingrescue operations, and other special operations.

#' "arcotics /nit. eaded by a 0irector with the ran6 of chief

superintendent, the "arcotics /nit shall enforce all laws relati3e to theprotection of the citi:enry against dangerous and other prohibited drugs and

substances. %' !3iation Security /nit. eaded by a 0irector with the ran6 of chief

superintendent, the !3iation Security /nit, in coordination with airportauthorities, shall secure al the countryDs airports against offensi3e and

terroristic acts that threaten ci3il a3iation, e;ercise operational control and

super3ision o3er all agencies in3ol3ed in airport security operation, andenforce all laws and regulations relati3e to air tra3el protection and safety.

' (raffic Manage4ent /nit. eaded by a 0irector with the ran6 of chiefsuperintendent, the (raffic Manage4ent /nit shall enforce traffic laws and

regulations. $' Medical and 0ental Centers. eaded by a 0irector with the ran6 of

chief superintendent, the Medical and 0ental Centers shall be responsible forpro3iding 4edical and dental ser3ices for the P"P.

57' Ci3il Relations /nit. eaded by a 0irector with the ran6 of chiefsuperintendent, the Ci3il Relations /nit shall i4ple4ent plans and progra4s

that will pro4ote co44unity and citi:ensD participation in the 4aintenance ofpeace and order and public safety.

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S)C. =#. #tatus of -embers of the Philippine )ational Police.> the 4e4bersof the P"P shall be considered e4ployees of the "ational o3ern4ent and shall draw

their salaries therefro4A Pro3ided, (hat P"P 4e4bers assigned in MetropolitanManila, chartered cities and first class 4unicipalities 4ay be paid an additional

4onthly allowance by the local go3ern4ent unit concerned.

B. PROFESSIONALISM, WELFARE AND BENEFITS

S)C. =%. Performance 2valuation #ystem.> (here shall be established a

perfor4ance e3aluation syste4 which shall be ad4inistered in accordance with the

rules, regulations and standards, and a code of conduct pro4ulgated by theCo44ission of 4e4bers of the P"P. Such perfor4ance e3aluation syste4 shall be

ad4inistered in such a way as to foster the i4pro3e4ent of indi3idual efficiency andbeha3ioral discipline as well as the pro4otion of organi:ational effecti3eness and

respect for the constitutional and hu4an rights of citi:ens, de4ocratic principles andideals and the supre4acy of ci3ilian authority o3er the 4ilitary.

(he rating syste4 as conte4plated herein shall be based on standardsprescribed by the Co44ission and shall consider the results of annual physical,

psychological and neuropsychiatric e;a4inations conducted on the P"P officer of

4e4ber concerned.

S)C. =. Promotions.- a' ! 4e4ber of the P"P shall not be eligible for

pro4otion to a higher position or ran6 unless he has successfully passed thecorresponding pro4otional e;a4inations for technical ser3ices and other professions,

and has satisfactorily co4pleted an appropriate and accredited course in the P"P! ore !ny co4plaint by an indi3idual personagainst any 4e4ber of the P"P shall be brought before the followingA

5' Chiefs of Police, where the offense is punishable by withholding ofpri3ileges, restriction to specified li4its, suspension or forfeiture of

salary, or any co4bination thereof, for a period not e;ceeding fifteen5&' days

9' Mayors of cities or 4unicipalities, where the offense is punishable bywithholding of pri3ileges, restriction to specified li4its, suspension or

forfeiture of salary, or any co4bination thereof, for a period of not less

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than si;teen 5#' days but not e;ceeding thirty =7' days or bydis4issal.

=' PeopleDs *aw )nforce4ent Board, as created under Section @= hereof,where the offense is punishable by withholding of pri3ileges, restriction

to specified li4its, suspension or forfeiture of salary, or any co4binationthereof, for a period e;ceeding thirty =7' days or by dis4issal.

(he Co44ission shall pro3ide in its i4ple4enting rules and regulationsa scale of penalties to be i4posed upon any 4e4ber of the P"P under thissection.

b' Internal Discipline. > +n dealing with 4inor offenses in3ol3ing internal

discipline found to ha3e been co44itted by any regular 4e4ber of theirrespecti3e co44ands, the duly designated super3isors and e ! co4plaint or a charge filed against a P"P4e4ber shall be heard and decided e;clusi3ely by the disciplining

authority who has ac

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hearings, 4ay i44ediately re4o3e or dis4iss any respondent P"P 4e4ber in any ofthe following casesA

a' Ghen the charge is serious and the e3idence of guilt is strongb' Ghen the respondent is a recidi3ist or has been repeatedly charged and

there are reasonable grounds to belie3e that he is guilty of the chargesand

c' Ghen the respondent is guilty of conduct unbeco4ing of a police officer.

S)C. @= People6s La 2nforcement ,oard 7PL2,8 3 a'Creation and 'unctions

3Githin thirty =7' days fro4 the issuance of the i4ple4enting rules and regulations

by the Co44ission, there shall be created by the sangguniang panglungsodHbayan ine3ery city and 4unicipality such nu4ber of PeopleIs *aw )nforce4ent Boards

P*)Bs' as 4ay be necessaryA Pro3ided, (hat there shall be at least one 5' P*)B fore3ery 4unicipality and for each of the legislati3e districts in a city. (he P*)B shall

ha3e ?urisdiction to hear and decide citi:ensI co4plaints or cases filed before itagainst erring officers and 4e4bers of the P"P. (here shall be at least one 5' P*)B

for e3ery fi3e hundred &77' city or 4unicipal police personnel.b8 Composition and Term of !ffice 3(he P*)B shall be co4posed of the

followingA

5' !ny 4e4ber of the sangguniang panglungsodHbayan chosen bythe respecti3e sanggunian

9' !ny barangay captain of the city or 4unicipality concerned

chosen by the association of barangay captains and=' (hree =' other 4e4bers who shall be chosen by the peace and

order council fro4 a4ong the respected 4e4bers of theco44unity 6nown for their probity and integrity, one 5' of

who4 4ust be a 4e4ber of the Bar or, in the absence thereof,a college graduate, or the principal of the central ele4entary

school in the locality.c' Compensation 3 Me4bership in the P*)B is a ci3ic duty. owe3er, P*)B

4e4bers 4ay be paid per die4 as 4ay be deter4ined by the city or

4unicipal council fro4 city or 4unicipal funds.d' Procedure- 5' (he P*)B, by a 4a?ority 3ote of all its 4e4bers and its

Chair4an shall deter4ine whether or not the respondent officer or4e4ber of the P"P is guilty of the charge upon which the co4plaint is

based.9' )ach case shall be decided within si;ty #7' days fro4 the ti4e the

case has been filed with the P*)B.

=' (he procedures in the P*)B shall be su44ary in nature, conducted inaccordance with due process, but without strict regard to technical rules of

e3idence.@' (he Co44ission shall issue the necessary i4ple4enting guidelines

and procedures to be adopted by the P*)B, including graduated penaltieswhich 4ay be i4posed by the P*)B.

&' (he Co44ission 4ay assign the present "!P*CM hearing officersto act as legal consultants of the P*)Bs and pro3ide, whene3er necessary,

legal ser3ices, assistance and ad3ise to the P*)Bs in hearing and decidingcases against officers and 4e4bers of the P"P, especially those in3ol3ing

difficult

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4ay be a appealed by either party with the regional appellate boardwithin ten 57' days fro4 receipt of the copy of the decision.

S)C. @@ Disciplinary Appellate ,oards 3(he for4al ad4inistrati3e disciplinary

4achinery for the P"P shall be the "ational !ppellate Board and the regionalappellate boards.

(he "ational !ppellate Board shall consist of four @' di3isions, each di3isionco4posed of a Co44issioner as Chair4an and two 9' other 4e4bers. (he Boardshall consider appeals fro4 decisions of the Chief of the P"P.

(he "ational !ppellate Board 4ay conduct its hearing or sessions in

Metropolitan Manila or any part of the country as it 4ay dee4 necessary.(here shall be at least one 5' regional appellate board per ad4inistrati3e

region in the country to be co4posed of a senior officer of the regional Co44issionas Chair4an and one 5' representati3e each fro4 the P"P, and the regional peace

and order council as 4e4bers. +t shall consider appeals fro4 decisions of theregional directors, other officials, 4ayors, and the P*)BsA Provided& (hat the

Co44ission 4ay create additional regional appellate boards as the need arises.

S)C. @& 'inality of Disciplinary Action 3(he disciplinary action i4posed upon a

4e4ber of the P"P shall be final and e;ecutoryA Provided&(hat a disciplinary actioni4posed by the regional director or by the P*)B in3ol3ing de4otion or dis4issal fro4the ser3ice 4ay be appealed to the regional appellate board within ten 57' days

fro4 receipt of the copy of the notice of decisionA Provided& further& (hat thedisciplinary action i4posed by the Chief of the P"P in3ol3ing de4otion or dis4issal

4ay be appealed to the "ational !ppellate Board within ten 57' days fro4 receiptthereofA Provided& furthermore&(hat the regional or "ational !ppellate Board, as the

case 4ay be, shall decide the appeal within si;ty #7' days fro4 receipt of the noticeof appealA Provided& finally, (hat failure of the regional appellate board to act on the

appeal within said period shall render the decision final and e;ecutory withoutpre?udice, howe3er, to the filing of an appeal by either party with the Secretary.

S)C. @# 5urisdiction in Criminal Cases 3!ny pro3ision of law to the contrarynotwithstanding, cri4inal cases in3ol3ing P"P 4e4bers shall be within the e;clusi3e

?urisdiction of the regular courtsA Provided& (hat the courts-4artial appointedpursuant to Presidential 0ecree "o. 5&7 shall continue to try PC-+"P 4e4bers who

ha3e already been arraigned, to include appropriate actions thereon by the re3iewingauthorities pursuant to Co44onwealth !ct "o. @7, otherwise 6nown as the Manual

for Courts-MartialAProvided& further&(hat cri4inal cases against PC-+"P 4e4bers

who 4ay ha3e not yet been arraigned upon the effecti3ity of this !ct shall betrasferred to the proper city or pro3incial prosecutor or 4unicipal trial court ?udge.

S)C. @% Preventive #uspension Pending Criminal Case 3/pon the filing of a

co4plaint or infor4ation sufficient in for4 and substance against a 4e4ber of theP"P for gra3e felonies where the penalty i4posed by law is si; #' years and one 5'

day or 4ore, the court shall be sub?ected to continuous trial and shall be ter4inatedwithin ninety $7' days fro4 arraign4ent of the accused.

S)C. @ 2ntitlement to (einstatement and #alary. 3 ! 4e4ber of the P"P

who 4ay ha3e been suspended fro4 office in accordance with the pro3isions of this!ct or who shall ha3e been ter4inated or separated fro4 office shall upon ac

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S)C. @$ Legal Assistance 3 (he Secretary of the 0epart4ent of Justice, the

Chair4an of the Co44ission or the Chief of the P"P 4ay authori:e lawyers of theirrespecti3e agencies to pro3ide legal assistance to any 4e4ber of the P"P who is

facing before the prosecutorIs office, the court of any co4petent body, a charge orcharges arising fro4 any incident which is related to the perfor4ance of his official

dutyA Provided& (hat go3ern4ent lawyers so authori:ed shall ha3e the power toad4inister oaths. (he Secretary of Justice, the Chair4an of the Co44ission, andthe Chief of the P"P shall ?ointly pro4ulgate rules and regulations to i4ple4ent the

pro3isions of this section.

S)C. &7 Poer to Administer !aths 3fficials of the Co44ission who are

appointed by the President, as well as officers of the P"P fro4 ran6 of inspector tosenior superintendent, shall ha3e the power to ad4inister oaths on 4atters which

are connected with the perfor4ance of their official duties.

0. P!R(+C+P!(+" F *C!* ))C/(+2)S+" () !0M+"+S(R!(+" F () P"P

S)C. &5 Poer of Local Government !fficials !ver the P)P $nits or 'orces 3o3ernors and 4ayors shall be deputi:ed as representati3es of the Co44ission intheir respecti3e territorial ?urisdictions. !s such, the local e;ecuti3es shall discharge

the following functionsAa' Provincial Governor 3 5' Power to Choose the Pro3incial 0irector. (he

pro3incial go3ernor shall choose the pro3incial director fro4 a list of three=' eligibles reco44ended by the P"P regional director.

9' 3erseeing the Pro3incial Public Safety Plan +4ple4entation. (hego3ernor, as chair4an of the pro3incial peace and order council, and

o3ersee the i4ple4entation of the pro3incial public safety plan, whichis prepared ta6ing into consideration the integrated co44unity safety

plans, as pro3ided under paragraph b'9' of this Section.

b' City and -unicipal -ayors 3 5' perational Super3ision and Control. (hecity and 4unicipal 4ayors shall e;ercise operational super3ision and

control o3er P"P units in their respecti3e ?urisdiction e;cept during thethirty =7' day period i44ediately preceding and the thirty =7' days

following any national, local or barangay elections. 0uring the saidperiod, the local police forces shall be under the super3ision and control of

the Co44ission on )lections.

(he ter4 operational super3ision and control shall 4ean the powerto direct, superintend, o3ersee and inspect the police units or forces.

+t shall include the power to e4ploy and deploy units or ele4ents ofthe P"P, through the station co44ander, to ensure public safety and

effecti3e 4aintenance of peace and order within the locality. For thispurpose, the ter4 e4ploy and deploy shall 4ean as followsA

)4ploy refers to the utili:ation of units or ele4ents of the P"P forpurposes of protection of li3es and properties, enforce4ent of laws,

4aintenance of peace and order, pre3ention of cri4es, arrest of cri4inaloffenders and bringing the offenders to ?ustice, and ensuring public safety,

particularly in the suppression of disorders, riots, lawless 3iolence,rebellious or seditious conspiracy, insurgency, sub3ersion or other related

acti3ities.

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0eploy shall 4ean the orderly and organi:ed physical 4o3e4ent ofele4ents or units of the P"P within the pro3ince, city or 4unicipality for

purposes of e4ploy4ent as herein defined.9' +ntegrated Co44unity Safety Plans. (he 4unicipalHcity 4ayor shall,

in coordination with the local peace and order council of which he isthe chair4an pursuant to );ecuti3e rder "o. =7$, as a4ended,

de3elop4ent and establish an integrated areaHco44unity public safetyplan e4bracing priorities of action and progra4 thrusts fori4ple4entation by the local P"P stations.

+t shall, li6ewise, be the duty of the city or 4unicipal 4ayor to

sponsor periodic se4inars for 4e4bers of the P"P assigned or detailedin his city or 4unicipality in order to update the4 regarding local

ordinances and legislations.=' !d4inistrati3e 0isciplinary Powers. +n the areas of discipline, city and

4unicipal 4ayors shall ha3e the power to i4pose, after due notice andsu44ary hearings, disciplinary penalties for 4inor offenses co44itted

by 4e4bers of the P"P assigned to their respecti3e ?urisdictions, aspro3ided in Section @5 of this !ct.

@' ther Powers. +n addition to the afore4entioned powers, city and

4unicipal 4ayors shall ha3e the following authority o3er the P"P unitsin their respecti3e ?urisdictionAi' !uthority to choose the chief of police fro4 a list of fi3e &'

eligibles reco44ended by the pro3incial police director, preferablyfro4 the sa4e pro3ince, city or 4unicipality

ii' !uthority to reco44end the transfer, reassign4ent or detail of P"P4e4bers outside of their respecti3e city or town residences and

iii' !uthority to reco44end, fro4 a list of eligibles pre3iouslyscreened by the peace and order council, the appoint4ent of new

4e4bers of the P"P to be assigned to their respecti3e cities or4unicipalities without which no such appoint4ent shall be attested.

S)C. &9. #uspension of !perational #upervision and Control 3(he President4ay, upon consultation with the pro3incial go3ernor and congress4an concerned,

suspend the power of operational super3ision and control of any local e;ecuti3e o3erpolice units assigned or stationed in his ?urisdiction for any of the following groundsA

a' Fre

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S)C. &@ Poer and 'unctions 3(he Fire Bureau shall be responsible for the

pre3ention and suppression of all destructi3e fires on buildings, houses and otherstructures, forests, land transportation 3ehicles and e

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Senior Fire fficer +2Senior Fire fficer +++

Senior Fire fficer ++Senior Fire fficer +

Fire fficer +++Fire fficer ++

Fire fficer +

S)C. &$ /ey Positions 3(he head of the Fire Bureau with the ran6 of director

shall ha3e the position title or Chief of the Fire Bureau. e shall be assisted by a

deputy chief with the ran6 of chief superintendent.(he assistant heads of the 0epart4entIs regional offices with the ran6 of

senior superintendent shall assu4e the position title of !ssistant Regional 0irectorfor Fire Protection as pro3ided in Section 55 of this !ct the heads of the "CR district

offices with the ran6 of senior superintendent shall ha3e the position title of 0istrictFire Marshal the heads of the district offices with the ran6 of chief inspector shall

ha3e the position title of 0istrict Fire Marshal and the heads of the 4unicipal or citystations with the ran6 of senior inspector be 6nown as Chief of MunicipalHCity Fire

Station.

C!P()R 2

B/R)!/ F J!+* M!"!)M)"( !"0 P)"*K

S)C. #7 Composition 3 (he Bureau of Jail Manage4ent and Penology,hereinafter referred to as the Jail Bureau, is hereby created initially consisting of

officers and unifor4ed 4e4bers of the Jail Manage4ent and Penology Ser3ice asconstituted under Presidential 0ecree "o. %#&.

S)C. #5 Poers and 'unctions 3 (he Jail Bureau shall e;ercise super3ision and

control o3er all city and 4unicipal ?ails. (he pro3incial ?ails shall be super3ised and

controlled by the pro3incial go3ern4ent within its ?urisdiction, whose e;penses shallbe subsidi:ed by the "ational o3ern4ent for not 4ore than three =' years after

the effecti3ity of this !ct.

S)C. #9 !rgani"ation 3(he Jail Bureau shall be headed by a Chief who shallbe assisted by a deputy chief.

(he Jail Bureau shall be co4posed of city and 4unicipal ?ails, each headed by

a city or 4unicipal ?ail wardenA Pro3ided, (hat, in the case of large cities and4unicipalities, a district ?ail with subordinate ?ails headed by a district ?ail warden

4ay be established as necessary.(he Chief of the Jail Bureau shall reco44end to the Secretary the

organi:ational structure and staffing pattern of the Bureau as well as the disciplinary4achinery for officers and 4en of the Bureau in accordance with the guidelines set

forth herein and as prescribed in Section & of this !ct.

S)C. #= )stablish4ent of 0istrict, City or Municipal Jail - (here shall beestablished and 4aintained in e3ery district, city and 4unicipality a secured, clean,

ade

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such by the proper 4edical or health officer, pending the trasfer to a 4entalinstitution.

(he 4unicipal or city ?ail ser3ice shall preferably be headed by a graduate of afour @' year course in psychology, psychiatry, sociology, nursing, social wor6 or

cri4inology who shall assist in the i44ediate rehabilitation of indi3iduals ordetention of prisoners. reat care 4ust be e;ercised so that the hu4an rights of

these prisoners are respected and protected, and their spiritual and physical well-being are properly and pro4ptly attended to.

S)C. #@ (an Classification 3 For purposes of efficient ad4inistration,

super3ision and control, the ran6 classification of the 4e4bers of the Jail Bureaushall be as followsA

0irectorChief Superintendent

Senior SuperintendentSuperintendent

Chief +nspectorSenior +nspector

+nspector

Senior Jail fficer +2Senior Jail fficer +++Senior Jail fficer ++

Senior Jail fficer +Jail fficer +++

Jail fficer ++Jail fficer +

S)C. #&. /ey Positions 3 (he head of the Jail Bureau with the ran6 of director

shall ha3e the position title of chief of Jail Bureau. e shall be assisted by - deputychief with the ran6 of chief superintendent. (he assistant heads of the 0epart4entIs

regional offices with the ran6 of senior superintendent shall assu4e the position title

of !ssistant Regional 0irector of Jail Manage4ent and Penology as pro3ided bySection 59 of this !ct the heads of district offices with the ran6 of chief inspector

shall ha3e the position title of 0istrict Jail Garden and the heads of the city or4unicipal stations with the ran6 of senior inspector shall be 6nown as CityHMunicipal

Jail Garden.

C!P()R 2+

() P+*+PP+") P/B*+C S!F)(K C**))

Sec. ## Creation of the Philippine Public Safety College. - (here is hereby

created the Philippine Public Safety College PPSC', which shall be pre4iereducational institution for the training, hu4an resource de3elop4ent and continuing

education of all personnel of the P"P, Fire and Jail Bureaus.Said College shall be under the direct super3ision of a Board of (rustees

co4posed of the Secretary and the three =' bureau heads.

S)C. #%. Composition& Poers and 'unctions 3 (he College shall consist of thepresent Philippine "ational Police !cade4y P"P!' established pursuant to Section

5= of Presidential 0ecree "o. 55@, the Fire Ser3ice (raining Center, the Philippine"ational (raining Center P"(C', the "ational Police College, and other special

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training centers as 4ay be created by the 0epart4ent, whose functions shall be asfollowsA

a' For4ulate and i4ple4ent training progra4s for the personnel of the0epart4ent

b' )stablish and 4aintain ade

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S)C. %= Permanent Physical Disability 3!n officer or non-officer who, ha3ingaccu4ulated at least twenty 97' years of acti3e ser3ice, incurs total per4anent

physical disability in line of duty shall be co4pulsorily retiredA Pro3ided, (hat, if hehas accu4ulated less than twenty 97' years of acti3e ser3ice, he shall be separated

fro4 the ser3ice and be entitled to a separation pay e

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preceding section, the 4issing unifor4ed personnel shall be auto4aticallyter4inated. +n the e3ent said personnel shall thereafter be found to ha3e been ali3e

and is not entitled to the benefits paid under the preceding sections of this !ct, saidbenefits shall be rei4bursed to the Sate within si; #' 4onths fro4 the disco3ery of

the fact or his reappearance. owe3er, if his continued disappearance wasfraudulent or 4ade in bad faith he shall, together with his co-conspirators, be

prosecuted according to law.

S)C. 5 Complaints and Grievances 3 /nifor4ed personnel shall ha3e the

right to present co4plaints and grie3ances to their superiors or co44anders and

ha3e the4 heard and ad?udicated as e;peditiously as possible in the best interest ofthe ser3ice, with due regard to due process in e3ery case. Such co4plaints or

grie3ances shall be resol3ed at the lowest possible le3el in the unit of co44and andthe respondent shall ha3e the right to appeal fro4 an ad3erse decision to higher

authorities.

S)C. 9 Prohibitions: Penalties 3!s professional police, fire and ?ail officersand 4e4bers responsible for the 4aintenance of peace and order and public safety,

the 4e4bers and officers of the P"P, Fire or Jail Force are hereby prohibited fro4

engaging in stri6es, rallies, de4onstrations and other si4ilar concerted acti3ities, orperfor4ing other acts pre?udicial to good order and police discipline.

!ny P"P, Fire or Jail Force 4e4ber found guilty by final ?udg4ent of 3iolating

the pro3isions of the preceding paragraph shall be dis4issed fro4 the ser3icewithout pre?udice to whate3er cri4inal or ci3il liability he 4ay ha3e incurred in

relation to such 3iolations.

C!P()R 2+++

(R!"S+(RK PR2+S+"S

Sec. = #ecretary of the Department of Local Government on %oldoverCapacity 3(he incu4bent Secretary of the 0epart4ent of *ocal o3ern4ent shall

perfor4 the functions of the Secretary of the +nterior and *ocal o3ern4ent onholdo3er capacity until such ti4e when a new Secretary shall ha3e been appointed

by the President and confir4ed by the Co44ission on !ppoint4ents.

S)C. @ #pecial !versight Committee - ! Special 3ersight Co44ittee is

hereby created, co4posed of the Secretary as Chair4an, the Secretary of Budgetand Manage4ent as Co-chair4an, the Secretary of "ational 0efense, the incu4bent

PC-+"P 0irector eneral, the incu4bent Chair4an of the Ci3il Ser3ice Co44ission,the respecti3e Chair4en of the Co44ittee on *ocal o3ern4ent and the Co44ittee

on "ational 0efense and Security in the Senate, and the respecti3e. Chair4en of theCo44ittee on Public rder and Security and the Co44ittee on "ational 0efense in

the ouse of Representati3es, as 4e4bers, which shall plan and o3ersee thee;peditious i4ple4entation of the transfer, 4erger andHor absorption into the

0epart4ent of the personnel, property, appropriations and installations of in3ol3edagencies.

S)C. & Phases of Implementation - (he i4ple4entation of this !ct shall be

underta6en in three =' phases, to witAPhase I 3 );ercise of option by the unifor4ed 4e4bers of the Philippine

Constabulary, the PC ele4ents assigned with the "arcotics Co44and, C+S, and the

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personnel of the technical ser3ices of the !FP assigned with the PC to include theregular C+S in3estigating agents and the operati3es and agents of the "!P*CM

+nspection, +n3estigation and +ntelligence Branch, and the personnel of the absorbed"ational !ction Co44ittee on !nti-i?ac6ing "!C!' of the 0epart4ent of "ational

0efense, to be co4pleted within si; #' 4onths fro4 the date of the effecti3ity ofthis !ct. !t the end of this phase, all personnel fro4 the +"P, PC, !FP (echnical

Ser3ices, "!C! and "!P*CM +nspection, assigning the4 to the P"P, Fire and JailForces by their respecti3e units.

Phase II 3!ppro3al of the table of organi:ation and e

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personnel and accountabilities of this office to the 0epart4ent shll proceed inaccordance with the pro3ision of this chapter.

S)C. Transfer& -erger& and Absorption of !ffices and Personnel 3 !ll

properties, e

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S)C. $5 Application of Civil #ervice Las 3 (he Ci3il Ser3ice *aw and its

i4ple4enting rules and regulations shall apply to all personnel of the 0epart4ent.

S)C. $9 'unding - For purposes of organi:ing and constituting the0epart4ent, and for carrying out the pro3isions of this !ct, the appropriations of the

abolished, transferred or reconstituted offices for the current fiscal year shall carryout the pro3isions of this !ct shall be included in the annual eneral !ppropriations!ct.

S)C. $= Implementing (ules and (egulations 3Githin ninety $7' days fro4his appoint4ent, the Secretary shall pro4ulgate rules and regulations necessary to

ensure the effecti3e i4ple4entation of this !ct.

S)C. $@ #eparability Clause- +f any portion or pro3ision of this !ct is declaredunconstitutional, the sa4e shall not affect the 3alidity and effecti3ity of the other

pro3isions not affected thereby.

S)C. $& (epealing Clause 3!ll laws, decrees, e;ecuti3e orders, rules and

regulations, and other issuances or parts thereof which are inconsistent with this !ctare hereby repealed, a4ended or 4odified accordingly.

(he pro3isions of );ecuti3e rder "o. 9#9 shall re4ain 3alid insofar as they

are not inconsistent with the pro3isions of this !ct.

S)C. $# 2ffectivity 3(his !ct shall ta6e effect after fifteen 5&' days followingits publication in two 9' national newspapers of general circulation.

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