QuestionsQuestions (Republic Act No. 8551)
RA 8551 declares the State 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 (NAPOLCOM). The PNP is intended to be community- and service-oriented, responsible for peace and order and public safety, and organized to ensure accountability and uprightness in discretion, and to achieve efficiency and effectiveness.
RA 8551 shifts the primary responsibility for suppression of insurgency and other serious threats to national security away from DILG. The PNP supports the Armed Forces of the Philippines (AFP) through information gathering and ordinary police functions, except when the President calls the PNP to support the AFP in combat operations. In times of national emergency, upon direction of the President, the PNP, BFP, and BJMP assist the armed forces.
The Commission has a Chairperson, four regular Commissioners, and the Chief of PNP as ex officio member. Three regular commissioners must come from the civilian sector (neither active nor former police/military), with one designated as vice chairperson by the President. The fourth must come from the law enforcement sector (active or retired). If law enforcement is active, appointment to the Commission is treated as resignation. At least one commissioner must be a woman.
The Secretary of the Department (DILG) is the ex officio Chairperson. The vice chairperson acts as the executive officer of the Commission.
Examples include: developing police manuals and rules on organization/administration/operation; examining/auditing and setting standards for police agency performance/facilities; establishing uniform crime reporting; conducting annual self-report surveys and compiling crime/statistical data; approving/modifying plans for education/training and logistical requirements; affirming/reversing/modifying certain disciplinary actions via the National Appellate Board; prescribing minimum standards for arms/equipment/uniforms/insignia; issuing subpoenas and administering oaths in Commission matters; and monitoring/investigating police anomalies and irregularities.
No person may be appointed unless: (1) they are Philippine citizens; (2) they are members of the Philippine Bar with at least five years’ experience in handling criminal or human rights cases OR holders of a master’s degree (preferably doctorate) in relevant fields; and (3) the law enforcement-sector commissioner must have at least five years of practical law enforcement experience, while the three civilian commissioners must have extensive research work/projects on law enforcement/criminology/criminal justice or must be members of a duly registered NGO involved in peace and order.
They are appointed by the President for a term of six (6) years without re-appointment or extension.
Upon effectivity, the current commissioners’ terms are deemed expired, barring reappointment or extension. An exception exists for current commissioners who served less than two (2) years of their terms: they may be appointed for a maximum of two (2) years.
The Commission must conduct a management audit and submit a proposed PNP reorganization plan to Congress not later than December 31, 1998, based on criteria such as increased police visibility (including dispersal to field and administrative/technical non-uniformed positions) and efficient delivery of police services. The PNP reorganization program must be approved by Congress through a joint resolution.
Among others: Philippine citizenship; good moral conduct; passing required psychiatric/psychological, drug, and physical tests; formal baccalaureate degree; eligibility per Commission standards; not dishonorably discharged from military service or dismissed for cause from civilian government position; no final conviction of a crime involving moral turpitude; and minimum height/weight requirements. Age requirement for new applicants is 21 to 30 (with specified exceptions). Also, failing to maintain certain qualifications results in separation/retirement after time periods.
After the lapse of the time period to satisfy a specific requirement, current members who fail to comply are separated if below 50 years of age and have served less than 20 years, or retired if 50 and above and have served at least 20 years—without prejudice to benefits already allowed by existing laws.
Age/height/weight/education requirements may be waived only when qualified applicants fall below the minimum annual quota. Age must still be at least 20 but not over 35. Weight may be complied with within a maximum of six months. Education must be at least second year college or 72 collegiate units leading to a bachelor’s degree; those entering without a baccalaureate have up to four years to complete it. Height waiver is automatically granted to applicants belonging to cultural communities.
All uniformed members must undergo a Field Training Program for twelve (12) months involving actual experience and assignment in patrol, traffic, and investigation. Completion is a requirement for permanency of their appointment.
RA 8551 mandates an attrition system within one year from effectivity, submitted for Commission approval, including compulsory retirements/separations based on: attainment of maximum tenure in position; relief for just cause with no assignment within two years; demotion in position/rank with no commensurate assignment within 18 months; non-promotion for 10 continuous years; and other factors such as inefficiency based on poor performance ratings, physical/mental incapacity, or failure to pass entrance examinations or finish career courses twice (except justifiable reasons).
Chief: 4 years; Deputy Chief: 4 years; Regional Directors: 6 years; Provincial/City Directors: 9 years. Other positions higher than Provincial Director: 6 years. Compulsory retirement rules apply, including age 56 as an earlier trigger.
The IAS proactively inspects/audits; investigates complaints; conducts summary hearings in administrative charges; reports on character/behavior trends; files criminal cases when warranted and assists prosecution; and provides assistance to the Ombudsman. It must also conduct automatic, motu proprio investigations for specific incidents such as firearm discharge by a police personnel, death/serious injury or human rights violations during police operations, compromised/tampered/obliterated/lost evidence in police custody, serious injury of a suspect in custody, and violations of rules of engagement.
IAS recommendations for dismissal/demotion in covered cases become final once final. They cannot be revised/set aside/unduly delayed without just cause. A disciplining authority who fails to act or acts with abuse of discretion is liable for gross neglect of duty, and the authority’s case is submitted for proper disposition.
The PNP must establish women’s desks in all police stations to handle crimes against chastity, sexual harassment, abuses against women and children, and similar offenses, with municipalities/cities without policewomen given two years to comply. The PNP must prioritize recruiting and training women for the desks and reserve 10% of its annual recruitment/training/education quota for women within five years.