Question & AnswerQ&A (NAPOLCOM Resolution NO. 2011-077)
The resolution clarifies the interpretation of the last paragraph of Section 25 of R.A. No. 8551 concerning the limitation on promotion or appointment of PNP members with less than one year before compulsory retirement, and it amends the last paragraph of Section 27 of the IRR of R.A. No. 8551.
It states that except for the Chief, PNP, no PNP member who has less than one (1) year of service before reaching compulsory retirement age shall be promoted to a higher rank or appointed to any other position that calls for a higher rank.
No, according to the Department of Justice opinion embraced by the resolution, the one-year bar rule applies only to promotions and appointments, and not to designations and assignments.
Appointment is the selection by the appointing authority to exercise the function of a given office, granting security of tenure. Designation merely imposes additional duties on an incumbent without conferring security of tenure or a different rank.
Because it unduly expanded the scope of the law by including the terms 'designated or assigned,' which the resolution found to be ultra vires and inconsistent with the law's intent.
It supports the Chief's power to direct and control tactical and strategic movements, deployment, placement, and utilization of PNP personnel, units, equipment, and resources under Section 26 of RA 6975.
It took effect fifteen (15) days from the date of its publication in at least two newspapers of general circulation and a copy filed with the UP Law Center.
The NAPOLCOM (National Police Commission) exercises the constitutional and statutory authority to administer and control the PNP.
Appointment pertains to selection for a rank and confers security of tenure; positions are designated after appointment and do not carry a separate appointment or rank increase.
No, the Chief, PNP is exempted from the one-year bar rule as specified by the law and confirmed in the resolution.