Extending Qualification Compliance Period
- Section 4 of Republic Act No. 9263, as amended by Section 1 of Republic Act No. 9592, provides that no person shall be appointed as uniformed personnel of the BFP and the BJMP unless all enumerated minimum qualifications are met.
- The amended qualification set includes citizenship (a citizen of the Republic of the Philippines), good moral character, successful psychiatric/psychological, drug and physical tests, a baccalaureate degree from a recognized institution, and appropriate civil service eligibility.
- The amended qualification set requires that the applicant must not have been dishonorably discharged or dismissed for cause from previous employment, and must not have been convicted by final judgment of an offense or crime involving moral turpitude.
- The amended qualification set imposes height and weight rules: at least 1.62 m. for male and 1.57 m. for female, and weigh not more or less than five kilograms (5 kgs.) from the standard weight corresponding to height, age, and sex.
Special Waivers and Transitional Treatment
- The height and age requirements include an automatic waiver for applicants from cultural communities: a waiver for height and age requirements shall be automatically granted to applicants belonging to the cultural communities.
- The age rule for new applicants requires that a new applicant must be not less than twenty-one (21) nor more than thirty (30) years of age.
- Uniformed personnel already in the service prior to the effectivity of Republic Act No. 9263 are granted another five (5) years to obtain the minimum educational qualification and appropriate civil service eligibility, reckoned from the date of the effectivity of Republic Act No. 9592.
- Members who have rendered more than fifteen (15) years of service at the time of the effectivity of Republic Act No. 9592 are no longer required to comply with the educational and eligibility requirements.
- Personnel who acquired NAPOLCOM eligibility prior to the effectivity of Republic Act No. 9263 are no longer required to obtain the appropriate civil service eligibility.
- During the five-year extension period, Congress revisits whether the BFP shall be devolved to local government units, and implementation follows “as circumstances demand.”
Separation and Retirement After Extension
- After lapse of the time period for satisfying a specific requirement, current uniformed personnel of the BFP and BJMP who fail to satisfy any enumerated requirement under Section 4 are subject to separation or retirement.
- If the personnel member is below fifty (50) years of age and has served in government for less than twenty (20) years, the member shall be separated from the service.
- If the personnel member is from age fifty (50) and above and has served in government for at least twenty (20) years, the member shall be retired.
- Separation or retirement is without prejudice to the payment of benefits the member may be entitled to under existing laws.
Promotion System Timing and Core Principles
- 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 this Act, the DILG establish a system of promotion for uniformed BFP and BJMP personnel.
- The promotion system must follow principles that the promotion is based on merits and on the availability of vacant ranks in the staffing pattern.
- The promotion system must be gender-fair to ensure that women personnel of the Fire Bureau and the Jail Bureau enjoy equal opportunity for promotion as men.
Promotion Requirements and Validation of Special Cases
- Personnel of the BFP and BJMP are not eligible for promotion to a higher rank unless they have met the minimum qualification standards or appropriate civil service eligibility set by the Civil Service Commission (CSC) and have satisfactorily passed required psychiatric/psychological, drug and physical tests.
- Personnel of the BFP and BJMP who obtained NAPOLCOM eligibility prior to the effectivity of Republic Act No. 9263 are considered to have complied with the appropriate civil service eligibility requirement.
- Personnel who have exhibited acts of conspicuous courage and gallantry at the risk of life above and beyond the call of duty, or who are selected as such in a nationwide search by any accredited civic organization, are promoted to the next higher rank.
- The acts or selections under the conspicuous courage and gallantry rule must be validated by the DILG and the CSC based on established criteria.
Implementing Rules and Regulations
- The DILG, in coordination with the BFP, BJMP, CSC, and CHED, must promulgate the necessary rules and regulations within sixty (60) days for effective implementation of Republic Act No. 9592.
- The implementing rules and regulations must facilitate application of the amended qualification and promotion provisions.
Separability, Repeal, and Effectivity Rules
- If any provision of Republic Act No. 9592 is declared unconstitutional or invalid, the remaining sections or provisions unaffected continue in full force and effect under Section 4.
- Section 5 mandates that all laws, decrees, orders, rules, regulations, and other issuances or parts thereof inconsistent with Republic Act No. 9592 are repealed, amended, or modified accordingly.
- Under Section 6, the Act becomes effective upon its publication in at least two (2) newspapers of general circulation.