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.