QuestionsQuestions (Republic Act No. 4864)
To achieve a higher degree of efficiency in the organization, administration, and operation of local police agencies to maintain peace and order more effectively and enforce laws with more impartiality, and to place local police service on a professional level.
It is created under the Office of the President. It is composed of a chairman and two other members, appointed by the President with the consent of the Commission on Appointments.
He must be a member of the Philippine Bar and have at least 10 years of experience in police work, or hold a bachelor’s degree in police administration or criminology with at least 10 years of experience in police work.
They hold office for a term of seven years and may not be reappointed.
The Director of the National Bureau of Investigation and the Chief of the Philippine Constabulary are ex-officio members. They participate in deliberations but do not have the right to vote.
Among others: advise the President on local police administration; examine and audit local police agencies; prepare a police manual and rules on organization/administration/operation; compile statistics; study jurisdictional issues among NBI/PC/local police; recommend placing local agencies under Constabulary control; approve certain agents/informers positions not permanent; study feasibility of a non-military civilian national police agency; organize training programs and police academies; establish Uniform Crime Reports; recommend crime prevention program; recommend release of funds; submit annual report; and prescribe minimum standards for arms/uniforms/insignia and medals.
Each city or municipality shall provide at its own expense all necessary police equipment, including arms, uniforms, and insignia, conforming to specifications set by the Police Commission.
To preserve peace and order; prevent commission of crimes; protect life, liberty and property; and arrest all violators of laws and ordinances within jurisdiction, exercising general powers to make arrest, searches and seizures in accordance with law, and detaining arrested persons only within the period prescribed by law.
Upon approval of the Act, appointment is by the mayor from a list of eligible certified by the Civil Service Commission; with rules on chartered cities where the council participates; probationary appointment for six months with evaluation by the chief of police prior to retention or dismissal; and special rules on who appoints the Chief of Police/Assistant Chief/Chief of the Secret Service as provided in existing charters.
Disagreements continuing for 90 days are referred to the Police Commission, whose decision is final.
Philippine citizenship; good habits and moral conduct; sound mind and body; minimum educational attainment (HS for municipalities; 2 years college for provinces/cities); no criminal record; not dishonorably discharged from military service or dismissed for cause from civilian government position; age 23–33; minimum height (provinces/chartered cities 5’5”; municipalities 5’4”); and minimum weight (at least 120 lbs).
He must hold a bachelor’s degree and have served in the AFP or NBI, or have served as chief of police with exemplary record, or have served in a city police department at rank of captain or equivalent for at least 3 years; or be a high school graduate with AFP service as officer for at least 8 years with rank of captain or higher.
Provisional appointment may be made in accordance with Civil Service Law and rules, provided the appointee has the required educational qualifications; for chief positions, it shall not extend beyond six months except for valid cause and with Civil Service Commission approval.
They may be suspended or removed only upon a written complaint under oath filed with the Board of Investigators for specified grounds such as misconduct/incompetency, dishonesty, disloyalty, serious irregularities, or violation of law.
In every local police agency, it has three members: the city or municipal treasurer as chairman, a representative of the provincial commander, and a councilor elected by a majority of the city/municipal council. The respondent must be furnished charges within five days and must answer within five days from receipt. The investigation is in public and generally finished within 30 days after receipt of answer (or earlier if the respondent’s period expires), with records/findings/recommendations submitted to the Police Commission within 30 days after termination. The Police Commission renders a decision within 75 days from receipt.
When an administrative charge under oath is filed involving grounds like disloyalty, dishonesty, oppression, grave misconduct, serious irregularities, or serious neglect of duty, and there are strong reasons to believe the respondent is probably guilty, the mayor may suspend for prevention, not more than 60 days, after which the respondent must be reinstated without prejudice to continuation until final disposition (with rules on counting delay attributable to respondent).