RA 9592 Extends BFP and BJMP Qualification Period

Coverage: who must meet standards

Section 4 of Republic Act No. 9263 (as amended by Section 1 of Republic Act No. 9592) covers appointment to the uniformed personnel of the BFP and the BJMP.
No person may be appointed as uniformed personnel of the BFP and the BJMP unless the person meets all enumerated minimum qualifications in Section 4.
The Act includes specific rules for current uniformed personnel already in service prior to the effectivity of Republic Act No. 9263.
The Act includes specific rules for uniformed personnel with more than fifteen (15) years of service as of the effectivity of Republic Act No. 9263.
The Act includes specific rules for personnel who have acquired National Police Commission (NAPOLCOM) eligibility prior to the effectivity of Republic Act No. 9263.

Minimum appointment qualifications required

Section 4 requires all applicants to be (a) a citizen of the Republic of the Philippines.
Section 4 requires applicants to be of good moral character.
Section 4 requires applicants to have passed the psychiatric/psychological, drug, and physical tests to determine physical and mental health.
Section 4 requires applicants to possess a baccalaureate degree from a recognized institution of learning.
Section 4 requires applicants to possess the appropriate civil service eligibility.
Section 4 prohibits appointment if the applicant was dishonorably discharged or dismissed for cause from previous employment.
Section 4 prohibits appointment if the applicant has been convicted by final judgment of an offense or crime involving moral turpitude.
Section 4 sets minimum height requirements: one meter and sixty-two centimeters (1.62 m.) for male and one meter and fifty-seven centimeters (1.57 m.) for female.
Section 4 grants an automatic waiver for height and age requirements to applicants belonging to cultural communities.
Section 4 requires weight not more or less than five kilograms (5 kgs.) from the standard weight corresponding to the applicant’s height, age, and sex.
Section 4 requires that new applicants must be not less than twenty-one (21) nor more than thirty (30) years of age.

Five-year extension and special exemptions

Section 4 grants a five (5) years extension for uniformed personnel already in the service prior to the effectivity of Republic Act No. 9263 to obtain the minimum educational qualification and appropriate civil service eligibility, reckoned from the date of the effectivity of the Act.
Section 4 exempts concerned BFP and BJMP members who had rendered more than fifteen (15) years of service at the time of the effectivity of Republic Act No. 9263 from complying with the educational and eligibility requirements.
Section 4 exempts personnel who have acquired NAPOLCOM eligibility prior to the effectivity of Republic Act No. 9263 from the requirement to obtain the appropriate civil service eligibility.
Section 4 directs Congress that within the five-year extension period, the issue of whether the BFP shall be devolved to local government units shall be revisited and implemented immediately as circumstances demand.
Section 4 states that, except for the enumerated special cases, the qualifications in the Section are continuing in character, and the absence of any one qualification at any given time is a ground for separation or retirement from the service.

Age/length-of-service consequences for noncompliance

After the lapse of the time period for satisfaction of a specific requirement, current uniformed personnel of the BFP and BJMP who fail to satisfy any enumerated requirements are subject to separation or retirement.
Separation applies when the personnel are below fifty (50) years of age and have served in the government for less than twenty (20) years.
Retirement applies when the personnel are from age fifty (50) and above and have served in the government for at least twenty (20) years.
The law preserves entitlement to benefits: separation or retirement is without prejudice to the payment of benefits the personnel may be entitled to under existing laws.

Promotion system requirements and timelines

Section 10 of Republic Act No. 9263 (as amended by Section 2 of Republic Act No. 9592) requires that within six (6) months after the effectivity of the Act, the Department of the Interior and Local Government (DILG) shall establish a system of promotion for uniformed personnel of the BFP and the BJMP.
The promotion system must follow the principle of a Rationalized Promotion System based on merits and on the availability of vacant ranks in the staffing pattern of the BFP and BJMP.
The promotion system must be gender-fair, ensuring equal opportunity for women personnel in both bureaus as of men.
Requirements for promotion include that personnel are not eligible for promotion to a higher rank unless they meet the minimum qualification standards or appropriate civil service eligibility set by the Civil Service Commission (CSC) and have satisfactorily passed the required psychiatric/psychological, drug, and physical tests.
Personnel who obtained NAPOLCOM eligibility prior to the effectivity of Republic Act No. 9263 are deemed to have complied with the appropriate civil service eligibility requirement for promotion.
Personnel who have exhibited acts of conspicuous courage and gallantry at the risk of his/her life above and beyond the call of duty, or who were selected as such in a nationwide search by an accredited civic organization, must be promoted to the next higher rank.
The law requires validation of such special promotions by the DILG and the CSC based on established criteria.

Rules on implementation and coordination

Section 3 requires the DILG, in coordination with the BFP, BJMP, the CSC, and the Commission on Higher Education (CHED), to promulgate the necessary rules and regulations.
The implementing rules and regulations must be promulgated within sixty (60) days for effective implementation of the Act.

Separability, repealing, and final effect

Section 4 (Separability Clause) provides that if any provision of Republic Act No. 9592 is declared unconstitutional or invalid, the remaining provisions continue in full force and effect.
Section 5 (Repealing Clause) repeals, amends, or modifies all laws, decrees, orders, rules, regulations, and other issuances or parts thereof that are inconsistent with the Act.