QuestionsQuestions (Republic Act No. 8551)
RA 8551 declares the policy to establish a highly efficient and competent police force that is national in scope and civilian in character, administered and controlled by a national police commission; it should be community- and service-oriented, responsible for maintenance of peace and order and public safety, and organized to ensure accountability/uprightness and efficiency/effectiveness in performance of functions.
The DILG is relieved of primary responsibility over suppression of insurgency and other serious threats to national security. The PNP supports the AFP through information gathering and performance of ordinary police functions, except when the President calls the PNP to support AFP in combat operations. In national emergency, the President directs the PNP, BFP, and BJMP to assist the armed forces.
A Chairperson (ex officio: the Secretary of the Department), four (4) regular commissioners, and the Chief of PNP as ex officio member. Of the four regular commissioners: three come from the civilian sector (not active/former police or military), one is designated vice chairperson by the President; the fourth comes from the law enforcement sector (active or retired), with active law enforcement required to be considered resigned upon appointment; at least one commissioner must be a woman.
Examples include: developing police policies and promulgating a police manual; examining/auditing and establishing standards for police agencies’ performance; establishing uniform crime reporting and collecting crime statistics via annual self-report surveys; approving/modifying education and training and logistical plans; affirming/reversing/modifying disciplinary actions (through the National Appellate Board) involving demotion/dismissal; exercising appellate jurisdiction over administrative cases and police benefits claims; issuing subpoenas and subpoena duces tecum; inspecting and investigating police anomalies; rendering annual reports and advising the President on police matters.
They must be Philippine citizens; and (for regular members) must be members of the Philippine Bar with at least five years handling criminal/human rights cases OR holders of a master’s degree (preferably doctorate) in related fields (public administration, sociology, criminology, criminal justice, law enforcement, etc.). The law enforcement-sector commissioner must have at least five years practical law enforcement experience, while the three civilian commissioners must have extensive research/projects in law enforcement/criminology/criminal justice or be from a duly registered NGO involved in peace and order.
Each of the four regular full-time Commissioners is appointed for six (6) years without re-appointment/extension. Upon effectivity, the terms of the current Commissioners are deemed expired, barring reappointment/extension, except current Commissioners who served less than two (2) years may be appointed for a maximum of two (2) more years.
The Commission consists of a Commission Proper and staff services (e.g., Planning and Research, Legal Affairs, Crime Prevention and Coordination, Personnel and Administrative, Inspection/Monitoring/Investigation, Installations/Logistics, Financial). It must also establish disciplinary appellate machinery: a National Appellate Board (for appeals from decisions by the PNP chief) and regional appellate boards (for appeals from decisions by others, subject to stated exceptions).
The Commission must conduct a management audit and prepare/submit a proposed reorganization plan to Congress not later than December 31, 1998, based on criteria such as increased police visibility through dispersal to field offices and assignment of non-uniformed personnel to purely administrative/technical/clerical/menial positions, and efficient/optimized delivery of police services. The plan is approved by Congress through a joint resolution.
Applicants must be citizens of the Philippines; of good moral conduct; must pass psychiatric/psychological, drug, and physical tests administered by PNP or NAPOLCOM-accredited hospitals; must have a baccalaureate degree; must be eligible under standards set by the Commission; must not have been dishonorably discharged/dismissed for cause; must not have final conviction for crimes involving moral turpitude; and must meet height and weight requirements, plus age limits for new applicants. For existing members, RA 8551 grants time to satisfy educational and weight requirements; those who fail after the time periods are separated or retired depending on age and years of service.
Age/height/weight/education requirements may be waived only when qualified applicants fall below minimum annual quota. Limits: applicant must not be below 20 nor over 35 years old; those not meeting weight may have up to 6 months to comply; only applicants with at least finished second year college or at least 72 collegiate units leading to a bachelor’s degree are eligible; those without a baccalaureate degree must obtain it within maximum 4 years; waiver for height is automatically granted to cultural community applicants.
All uniformed members of the PNP must undergo a Field Training Program for twelve (12) months involving actual experience and assignment in patrol, traffic, and investigation as a requirement for permanency of their appointment.
Attrition grounds include: (1) attainment of maximum tenure—compulsory retirement at maximum tenure or age 56, with limited extensions in specific cases; (2) relief for just cause without assignment within 2 years—retirement or separation; (3) demotion in position/rank without commensurate assignment within 18 months—retirement or separation; (4) non-promotion for 10 continuous years—retirement or separation; (5) other means—separation for inefficiency, incapacity, or failure to pass entrance examinations/career courses twice (with at least 5 years accumulated active service).
A uniformed member is not eligible for promotion unless they passed the corresponding promotional examination (given by the Commission/Bar/appropriate boards for technical services), completed accredited course in PNPA or equivalent training, and passed psychiatric/psychological and drug tests. Additionally, they are not eligible for promotion during pendency of administrative and/or criminal cases or unless cleared by the PLEB and the Office of the Ombudsman of complaints, if any.
IAS is created to proactively inspect/audit, investigate complaints, conduct summary hearings for administrative charges, file criminal cases as warranted, and assist the Ombudsman. It must also conduct automatic investigations for specific incidents (firearm discharge; deaths/serious injury/human rights violations in police operations; compromised/tampered/obliterated/lost evidence; seriously injured suspect in custody; violations of rules of engagement).
The immediate superior or supervisor of the personnel or units being investigated shall be automatically included in the investigation to determine lapses in administration or supervision.
The PNP must establish women’s desks in all police stations to administer and attend to cases involving crimes against chastity, sexual harassment, abuses against women and children, and similar offenses. Municipalities and cities presently without policewomen have two (2) years from effectivity to comply.
Governors and mayors are automatically deputized as representatives of the National Police Commission in their jurisdictions and can inspect police forces/units, conduct audit, and exercise other Commission-authorized functions. The Commission may suspend/withdraw deputation (unless reversed by the President) for grounds such as frequent unauthorized absences, abuse of authority, providing material support to criminal elements, or acts inimical to national security/negating the effectiveness of the peace and order campaign; President may restore deputation for good cause.