QuestionsQuestions (Republic Act No. 3987)
RA 6975 declares that the State shall promote peace and order and public safety by establishing a highly efficient and competent police force that is national in scope and civilian in character. It also provides that the police force must be organized, trained, and equipped primarily for police functions, and that no element of the police force shall be military nor any position occupied by active members of the AFP.
The Secretary is the head of the Department. He is also the ex officio Chairman of the National Police Commission.
No retired or resigned military officer or police official may be appointed as Secretary within one (1) year from the date of retirement or resignation.
The four (4) regular commissioners are appointed by the President upon the Secretary’s recommendation. After the initial staggered terms (6 years for two, 4 years for two), all subsequent appointments are for six (6) years each, without reappointment or extension.
The Commission must establish a formal administrative disciplinary appellate machinery consisting of the National Appellate Board and regional appellate boards. The National Appellate Board decides appeals from decisions rendered by the Chief of the PNP, while regional appellate boards decide appeals from decisions rendered by officers other than the PNP chief, the mayor, and the PLEB.
A person must be at least 35 years old; a member of the Philippine Bar or have a master’s degree in specified fields (e.g., public administration, business administration, management, sociology, criminology, law enforcement, national security administration, defense studies, and related disciplines); and have at least 5 years of experience in law enforcement work.
Initially, the PNP consists of members of the police forces integrated into the INP pursuant to PD 765 and the officers and enlisted personnel of the Philippine Constabulary (PC), including those assigned with NARCOM or CIS, certain technical AFP services assigned with PC, and civilian operatives of the CIS. Some NAPOLCOM inspection, investigation and intelligence officers may be absorbed as well.
The PNP must enforce laws and ordinances for protection of lives and properties, maintain peace and order and ensure public safety, investigate and prevent crimes and arrest offenders and assist prosecution, exercise constitutional arrest/search/seizure powers, detain within legal limits and inform detainees of their rights, issue firearm and explosives licenses, supervise/control training and operations of security agencies and licensing of security agencies/guards/private detectives, and perform other duties provided by law.
The Chief is appointed by the President from among the senior officers down to the rank of chief superintendent, subject to confirmation by the Commission on Appointments. The term is not to exceed four (4) years, extendable only in times of war or other national emergency declared by Congress.
The head of the PNP with the rank of Director General is the Chief of the PNP. The second in command (rank Deputy Director General) is the Deputy Chief for Administration; the third in command (also Deputy Director General) is the Deputy Chief for Operations. The head of the Inspectorate Division assumes the position title of Inspector General.
Among others: Philippine citizenship; good moral conduct; sound mind and body; formal baccalaureate for officer appointments and at least second year college (or equivalent) for non-officer appointments (or equivalent training/experience for those already in service upon effectivity); eligibility under Commission standards; no dishonorable discharge from military or dismissal for cause from a civilian government position; no conviction by final judgment of an offense involving moral turpitude; height and weight standards; and for new applicants, age 21 to 30.
Compulsory retirement is upon attainment of age fifty-six (56). The Commission may allow retention for an unextendible period of one (1) year for certain top ranks (chief superintendent, director, or deputy director general).
Criminal cases involving PNP members fall within the exclusive jurisdiction of the regular courts. Exceptions/transition rules are provided for PC–INP members already arraigned under the prior courts-martial framework.
Upon filing of a complaint or information sufficient in form and substance against a PNP member for grave felonies with a penalty of at least six (6) years and one (1) day, the court must immediately suspend the accused from office until the case is terminated. The case is subject to continuous trial and must be terminated within 90 days from arraignment.
Citizen’s complaints are filed before the proper disciplining authority based on the penalty: chiefs of police for penalties not exceeding 15 days; mayors for penalties over 15 but not exceeding 30 days; the People’s Law Enforcement Board (PLEB) for penalties exceeding 30 days or dismissal. The Commission must provide a scale of penalties in the IRR.
Failure of the regional or National Appellate Board to act within 60 days renders the disciplinary decision final and executory, without prejudice to filing an appeal with the Secretary.
Mayors exercise operational supervision and control over PNP units in their jurisdictions except during the 30-day period immediately preceding and the 30-day period following any national, local, or barangay elections, when police forces are under the supervision and control of the Commission on Elections.
The Fire Bureau is responsible for prevention and suppression of destructive fires and enforcement of the Fire Code and related laws. It may investigate causes of fires and file proper complaints with the city or provincial prosecutor with jurisdiction.