Legal basis and referenced authorities
- The issuance anchors its measures on Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines.
- The issuance references Chief, PNP’s Orders dated September 27, 2008.
- The issuance references PNP LOI 2005 “Tamang Bihisa” dated August 21, 2005.
- The issuance references PNP LOI 2007-50 “Bantay Bihisa” dated November 21, 2007.
- The issuance references PNP LOI 06/09 “Tamang Bihis AlphA” dated February 23, 2009.
- The issuance cites memoranda relating to the issue of proper complainant and legal handling of alleged violations of intellectual property rights for PNP uniforms and accoutrements.
Policy purpose and operational mission
- The issuance directs identified PNP offices and units to implement stricter measures on the regulation and control of the use, manufacture, sale, and distribution of PNP-owned industrial designs of uniforms and accoutrements.
- The issuance addresses the proliferation of unauthorized sellers, manufacturers, and distributors of PNP uniforms and accoutrements as a hindrance to public trust in the police.
- The issuance targets the production of substandard and unauthorized PNP uniforms and accoutrements that become available not only to PNP personnel but also to criminals who use such uniforms as disguise.
- The issuance establishes that PNP’s registered designs provide a legal basis for protection against illegal manufacturers, suppliers, distributors, and sellers.
- The issuance integrates with the mission of LOI 06/09 “Tamang Bihis AlphA” by explicitly identifying the courses of action of Task Force “Bantay Bihisa” and other PNP units.
Coverage and protected PNP interests
- The issuance covers PNP-owned industrial designs relating to the design and texture of PNP uniforms and accoutrements.
- The issuance protects against violations committed by persons or entities that infringe PNP intellectual property rights in the uniform designs and accoutrements.
- The issuance recognizes and supports rights and privileges for persons or entities authorized by the PNP to manufacture, sell, and distribute PNP uniforms and accoutrements.
- The issuance focuses on curbing the production and circulation of unauthorized and substandard PNP uniforms and accoutrements.
Core implementation directives
- The Chief, PNP requires that persons or entities that violate PNP intellectual property rights regarding uniform design and texture be brought to justice.
- The issuance further strengthens and institutionalizes a legal offensive needed to achieve the protection of PNP uniform designs and accoutrements.
- The issuance requires tasked offices and units to take additional implementation actions beyond those already mentioned in LOI 06/09 “Tamang Bihis AlphA”.
- The issuance directs concerned chiefs of offices/units to strictly observe and implement the Letter of Instructions.
- The issuance encourages lateral coordination among tasked offices/units to ensure strict implementation.
Tasking of specific PNP offices
- RDs PRO 1-13, COR, ARMM, NCRPO and CIDG must represent the PNP in filing administrative, civil, and/or criminal complaint/case against violators of RA 8293 and other related laws.
- RDs PRO 1-13, COR, ARMM, NCRPO and CIDG must recommend the cancellation of the business permits of violators.
- RDs PRO 1-13, COR, ARMM, NCRPO and CIDG must recommend the immediate closure of the business establishments of violators within their respective area of jurisdiction.
- RD D must assist the CIDG and other operating units in conducting operations against unauthorized persons or entities that illegally manufacture, sell, and distribute PNP uniforms and accoutrements.
- RD D must provide technical personnel capable of properly identifying any infringement of PNP uniforms and accoutrements.
- Each tasked office/unit must perform other tasks as directed.
Coordinating instructions and incorporation of prior LOIs
- The issuance adopts all provisions of previously issued LOIs pertaining to the “BANTAY BIHIS” program for as long as those provisions are not inconsistent with this Letter of Instructions.
- Concerned chiefs of offices/units are directed to strictly observe and implement this Letter of Instructions.
- Lateral coordination among tasked offices/units is highly encouraged to ensure strict implementation of the Letter of Instructions.
Effectivity and compliance trigger
- The Letter of Instructions becomes effective upon approval.
- Compliance actions under the tasked offices flow from the requirements to observe and implement the issuance once it is approved.