QuestionsQuestions (Commonwealth Act No. 343)
It abolishes the State Police Force, reorganizes the Philippine Constabulary into a national police force, and provides appropriations for its operation and separation from the Army.
Commonwealth Act No. 88, titled “An Act to provide for the organization and maintenance of a State Police Force,” is repealed.
The President shall establish it upon approval of the Act by detailing from the Army and organizing the Philippine Constabulary as an independent unit or under the government department he may determine.
They retain all police and law enforcement powers, functions, and responsibilities previously pertaining to the Constabulary Division of the Army, or as devolved by law and regulations upon the Philippine Constabulary.
They must not retain powers, functions, and responsibilities that are military in nature previously pertaining to the Provost Marshal General.
They are peace officers authorized to prevent and suppress brigandage, unlawful assemblies, riots, insurrections, and other breaches of the peace and violations of law.
They may make arrests and seizures according to law and execute any lawful warrant or order of arrest issued against any person or persons for violation of law.
After January 1, 1939, officers and enlisted men detached from the Army and transferred to the national police force are separately paid, maintained, and supported, and shall not be counted as part of the strength authorized for the Army.
They retain their identity and legal rights and obligations as officers and enlisted men of the Army, and all service performed in the Constabulary counts for all legal purposes as military service.
Yes. The President may, at his discretion, transfer any officer or enlisted man to or from the Army and to or from the Constabulary at any time.
All individuals of the Constabulary shall be subject to orders and regulations the President approves for administration, conduct, and control, and they may be assigned to positions with titles authorized by the President.
The uniform must be different from that of the Army. No one outside the Constabulary may wear the same or a closely similar uniform. Violation is a misdemeanor punishable by a fine up to 500 pesos or imprisonment up to 6 months, or both.
Armament, weapons, equipment, supplies, clothing, buildings, real estate, and other appurtenances necessary for proper organization, provided it does not interfere with legal and necessary Army activities and duties.
The property involved will be removed from the Army’s accounts and charged against and accounted for by the Constabulary.
They cease to hold office under such appointments and, as far as practicable, are returned to the governmental or other positions they held immediately before those appointments.
They are reorganized under regulations for appointment, organization, and administration approved by the corresponding department head with the President’s approval, and returned to control of municipal/city/provincial officials under departmental supervision.
If and when practicable, those who ceased to hold office but are civil service eligibles and otherwise qualified shall be appointed to the new national police organization.
Under supervision of the President or the department head, it performs authorized duties regarding local police bodies, cooperates with and assists duly established local police bodies, and carries out presidential policies/commands on inspecting, advising, training, and assisting local officials in police matters.
They “shall have the force of law” with respect to all concerned, and personnel found guilty of violating them may be removed from service by the President after proper investigation.
It appropriates 500,000 pesos for expenses incident to separation from the Army, separate housing of headquarters, and purchases of essential additional motor and other equipment/supplies/property. It also appropriates 3,250,000 pesos for 1939 for salaries/allowances of personnel and other expenses. It requires using Army appropriations if excess collections are insufficient, requires Constabulary detailed budgets under a separate heading in later years, and prohibits transfers between that heading and other purposes in annual Army appropriation acts.