Title
Reorganizing Philippine Constabulary as National Police
Law
Commonwealth Act No. 343
Decision Date
Jun 23, 1938
Commonwealth Act No. 343 abolishes the State Police Force and reorganizes the Philippine Constabulary into a national police force, granting them law enforcement powers and the authority to prevent and suppress unlawful activities, while providing funds for their establishment.

Law Summary

Establishment and Organization of the Philippine Constabulary as a National Police Force

  • The President shall establish the Philippine Constabulary as a national police force, detached from the army.
  • The Philippine Constabulary shall function as an independent unit or under a government department as determined by the President.
  • It retains all police and law enforcement powers previously held by the Constabulary Division of the army but excludes military functions of the Provost Marshal General.
  • Members are peace officers authorized to prevent and suppress brigandage, unlawful assemblies, riots, insurrections, and other breaches of peace.
  • They have power to arrest, seize, and execute lawful warrants against violators of the law.

Status, Maintenance, and Administration of Constabulary Personnel

  • Officers and enlisted men transferred from the army to the Constabulary will be separately paid and maintained.
  • Their numbers will not be counted toward army strength.
  • They retain their legal rights and status as army personnel and may be transferred back to the army at the President’s discretion.
  • Service in the Constabulary counts as military service for all legal purposes.
  • They are subject to orders, regulations, and assignments as approved by the President.

Uniform Regulations and Penalties

  • The Philippine Constabulary shall have a distinct uniform different from the army’s.
  • Unauthorized wearing of the Constabulary uniform or similar attire by non-members is a misdemeanor.
  • Violators may face fines up to five hundred pesos, imprisonment up to six months, or both.

Transfer of Property and Procurement of Equipment

  • The President is authorized to transfer armaments, equipment, supplies, and other assets from the army to the Constabulary as necessary.
  • Property transferred will be removed from army accounts and accounted to the Constabulary.
  • The President may procure quarters, equipment, supplies, including armament and vehicles, within appropriation limits for Constabulary operations.

Termination and Reorganization of State Police and Local Police Bodies

  • All members of the now-abolished state police shall cease to hold office under their previous appointments.
  • Such personnel shall be returned to their previous government or other positions where practicable.
  • Local police and provincial guards removed from local control under prior law shall be reorganized under departmental regulations with the approval of the President.
  • Control of local police bodies is returned to municipal, city, and provincial officials, supervised by the corresponding department head.
  • Qualified former state police members may be appointed to the new national police organization.

Duties and Authority of the Philippine Constabulary over Local Police

  • Under Presidential supervision, the Constabulary shall perform functions relating to local police bodies as authorized by law.
  • The Constabulary shall cooperate with local police forces and assist in their training and administration.
  • The President’s policies, orders, and regulations regarding local police supervision shall have the force of law.
  • Violations of such policies by any member of local or Constabulary police may result in removal from service after investigation.

Appropriations and Funding

  • An initial allocation of five hundred thousand pesos is appropriated to cover separation expenses, housing, and equipment for the Constabulary.
  • Army appropriations will cover salaries and allowances for transferred personnel during 1938.
  • For 1939, an appropriation of three million two hundred fifty thousand pesos is provided from excess national government income, or, if insufficient, charges to army appropriations.
  • Future budgets for the Constabulary are to be separately detailed and presented with a distinct budget heading.
  • Transfers of funds between Constabulary and other army appropriations are prohibited.

Effectivity

  • The Act takes effect immediately upon approval.

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