Structure of BFP and BJMP key posts
- Section 3 provides that the BFP is headed by a Chief, assisted by two (2) Deputy Chiefs: one for Administration and one for Operations.
- Section 3 provides that the Chief and Deputy Chiefs are appointed by the President upon recommendation of the Secretary of the DILG from qualified officers with at least the rank of senior superintendent.
- Section 3 prohibits appointment as Chief of the Fire Bureau or Chief of the Jail Bureau of any officer who has retired or is retirable within six (6) months from compulsory retirement age.
- Section 3 limits the tour of duty of the Chief of the Fire Bureau and Chief of the Jail Bureau to not exceed four (4) years, subject to extension by the President in times of war or other national emergency declared by Congress.
- Section 3 assigns formal position titles: Chief of Fire Bureau/Jail Bureau; Deputy Chief for Administration (Fire/Jail); Deputy Chief for Operations (Fire/Jail); and Chief of Directional Staff (Fire/Jail), assisted by directors in national headquarters with at least the rank of senior superintendent.
- Section 3 requires each administrative region to have BFP and BJMP regional offices headed by Regional Director for Fire Protection and Regional Director for Jail Management and Penology, respectively, both with at least the rank of senior superintendent.
- Section 3 requires regional offices to include Assistant Regional Director for Operations and Regional Chief of Directorial Staff officers with at least the rank of superintendent.
Qualification standards for uniformed appointments
- Section 4 prohibits appointment of uniformed personnel of the BFP and BJMP unless the applicant meets all minimum qualifications.
- Section 4 requires, as minimum qualifications, that the applicant is a citizen of the Republic of the Philippines and of good moral character.
- Section 4 requires completion and passing of psychiatric/psychological drug and physical tests to determine physical and mental health.
- Section 4 requires a baccalaureate degree from a recognized institution of learning and appropriate civil service eligibility.
- Section 4 requires the applicant to have not been dishonorably discharged or dismissed for cause from previous employment and to have not been convicted by final judgment of an offense or crime involving moral turpitude.
- Section 4 imposes height requirements: at least 1.62 m. for males and at least 1.57 m. for females, with automatic waiver for height and age requirements for applicants belonging to cultural communities.
- Section 4 imposes weight requirements: must weigh not more or less than five kilograms (5 kgs.) from the standard weight corresponding to height, age and sex.
- Section 4 sets age limits for new applicants: not less than twenty-one (21) nor more than thirty (30) years; and provides that all enumerated qualifications, except this age rule, must be continuously maintained.
- Section 4 provides that failure to maintain any enumerated qualification is a ground for separation or retirement from the service.
- Section 4 grants transitional compliance for current personnel: five (5) years to obtain the minimum educational qualification and one (1) year to satisfy the weight requirement.
- Section 4 mandates separation or retirement after the grace period: current uniformed personnel who fail to satisfy any enumerated requirements are separated if below fifty (50) years and have served less than twenty (20) years; otherwise they are retired if from fifty (50) years and above and have served at least twenty (20) years, without prejudice to benefits under existing laws.
Appointment rules and lateral entry
- Section 5 provides that appointment of uniformed personnel to the BFP and BJMP follows prescribed rank-by-rank modes.
- Section 5 authorizes appointment of Fire/Jail Inspector by the respective Chief of the Fire Bureau and Chief of the Jail Bureau, upon recommendation of immediate superiors, and attestation by the CSC.
- Section 5 authorizes appointment of Fire/Jail Senior Superintendent by the Secretary of the DILG, upon recommendation of the Chiefs, with the proper attestation of the CSC.
- Section 5 authorizes appointment of Fire/Jail Chief Superintendent to Fire/Jail Director by the President, upon recommendation of the Secretary of the DILG, with proper endorsement by the Chairman of the CSC.
- Section 6 provides for lateral entry beginning generally at the rank of fire/jail inspector.
- Section 6 requires applicants for lateral entry in the BFP to include persons with highly specialized and technical qualifications such as civil engineers, mechanical engineers, electrical engineers, chemical engineers, chemists, architects, criminologists, certified public accounts, nurses, physical therapists, and dentists.
- Section 6 requires applicants for lateral entry in the BJMP to include persons with highly specialized and technical qualifications such as social workers, psychologists, criminologists, teachers, nurses, dentists, and engineers.
- Section 6 provides that doctors of medicine, members of the Philippine Bar, and chaplains are appointed to fire/jail senior inspector in their technical service.
- Section 6 provides that graduates of the Philippine National Police Academy (PNPA) are automatically appointed to the initial rank of fire/jail inspector.
Key-position designations and upgrading
- Section 7 prohibits designation to specified BFP key positions unless the person meets the qualifications listed for each position.
- Section 7 sets minimum qualifications for Municipal Fire Marshal as at least the rank of senior inspector, requiring at least second year Bachelor of Laws or at least twelve (12) units in a master’s program in public administration, management, engineering, public safety, criminology, or other related disciplines from a recognized institution of learning, plus satisfactory completion of necessary training or career courses established by the Fire Bureau.
- Section 7 sets minimum qualifications for City Fire Marshal as at least the rank of chief inspector, requiring at least second year Bachelor of Laws or at least twenty-four (24) units in a master’s program in specified fields, plus satisfactory completion of necessary training or career courses established by the Fire Bureau.
- Section 7 sets minimum qualifications for District Fire Marshal/Provincial Fire Marshal/Assistant Regional Director for Administration/Assistant Regional Director for Operations/Regional Chief of Directorial Staff as at least the rank of superintendent, requiring a Bachelor of Laws graduate or a master’s degree holder in specified fields, plus satisfactory completion of necessary training or career courses established by the Fire Bureau.
- Section 7 sets higher minimum qualifications for District Fire Marshal for the National Capital Region and Regional Director for Protection and Director of the Directorate of the National Headquarters Office as at least the rank of senior superintendent, requiring a Bachelor of Laws graduate or a master’s degree holder in specified fields, plus satisfactory completion of necessary training or career courses established by the Fire Bureau.
- Section 7 sets minimum qualifications for Deputy Chief for Administration/Deputy Chief for Operations/Chief of Directorial Staff of the Fire Bureau as at least the rank of chief superintendent, requiring membership in the Philippine Bar or a master’s degree holder in specified fields, plus satisfactory completion of necessary training or career courses established by the Fire Bureau.
- Section 7 sets minimum qualifications for Chief of the Fire Bureau as at least the rank of senior director, requiring membership in the Philippine Bar or a master’s degree holder in specified fields, plus satisfactory completion of necessary training or career courses established by the Fire Bureau.
- Section 7 prohibits designation to BJMP key positions unless the person meets the qualifications listed for each position, including:
- Municipal Jail Warden: at least senior inspector, with at least second year Bachelor of Laws or at least twelve (12) units in a master’s program in management/public administration/public safety/criminology/penology/sociology/national security administration/defense studies or related disciplines, plus satisfactory completion of training/career courses established by the Jail Bureau.
- City Jail Warden: at least chief inspector, with at least second year Bachelor of Laws or at least twenty-four (24) units in a master’s program in specified fields, plus satisfactory completion of training/career courses established by the Jail Bureau; and mandates that in city jails with a population of one thousand (1,000) or more inmates, the city jail warden shall have the rank and qualifications of a district jail warden.
- District Jail Warden/Provincial Jail Administrator/Assistant Regional Director for Administration/Assistant Regional Director for Operations/Regional Chief of Directorial Staff: at least superintendent, requiring a Bachelor of Laws graduate or a master’s degree holder in specified fields, plus satisfactory completion of training/career courses established by the Jail Bureau.
- Regional Director for Jail Management and Penology/Director of the Directorate of the National Headquarters Office: at least senior superintendent, requiring a Bachelor of Laws graduate or a master’s degree holder in specified fields, plus satisfactory completion of training/career courses established by the Jail Bureau.
- Deputy Chief for Administration/Deputy Chief for Operations/Chief of Directorial Staff of the Jail Bureau: at least chief superintendent, requiring Philippine Bar membership or a master’s degree holder in specified fields, plus satisfactory completion of training/career courses established by the Jail Bureau.
- Chief of the Jail Bureau: at least director, requiring Philippine Bar membership or a master’s degree holder in specified fields, plus satisfactory completion of training/career courses established by the Jail Bureau.
- Section 7 grants an exception for incumbents currently occupying such key positions but lacking qualifications: they must be given three (3) years from effectivity of the Act to comply; otherwise, they shall be relieved from the position.
Programs on professionalization, attrition, promotions
- Section 8 requires the DILG to design and establish a professionalization and qualifications upgrading program for BFP and BJMP uniformed personnel in coordination with the CSC and CHED through an off-campus education program or other similar programs.
- Section 8 sets the deadline for the program design and establishment as within ninety (90) days from effectivity of the Act.
- Section 9 requires establishment of an attrition system within one (1) year from effectivity.
- Section 9 requires the attrition system to be submitted by the Bureaus to the DILG for approval.
- Section 9 authorizes attrition by Demotion in Position or Rank: if a uniformed person is relieved and assigned to a position lower than the staffing pattern position for their grade and is not assigned to a position commensurate to their grade within two (2) years, they shall be separated or retired.
- Section 9 authorizes attrition by Non-Promotion: if a uniformed person has not been promoted for a continuous period of ten (10) years, they shall be separated or retired, except for those occupying a third-level position.
- Section 9 authorizes attrition by Other Means for uniformed personnel with at least five (5) years of accumulated active service based on factors including:
- inefficiency from poor performance during the last two (2) successive semestral rating periods;
- inefficiency from poor performance for three (3) cumulative semestral rating periods;
- physical and/or moral incapacity to perform duties and functions; or
- failure to complete required career courses and/or appropriate civil service eligibility for their position for reasons other than justifiable reasons.
- Section 9 specifies separation/retirement consequences under the attrition system: dismissed personnel are separated if they rendered less than twenty (20) years of service and retired if they rendered at least twenty (20) years of service, unless disqualified by law to receive benefits.
- Section 10 requires the DILG to establish a promotion system within six (6) months after effectivity.
- Section 10 requires the promotion system to be based on merits and availability of vacant ranks in the staffing patterns and to be gender-fair to ensure equal opportunity for women personnel.
- Section 10 prohibits promotion to a higher rank unless the uniformed person meets minimum qualification standards and appropriate civil service eligibility and has passed required psychiatric/psychological drug and physical tests.
- Section 10 requires promotion to the next higher rank for acts of conspicuous courage and gallantry at the risk of life above and beyond the call of duty, or selection in a nationwide search by an accredited civic organization, subject to validation by the DILG and CSC based on established criteria.
Performance evaluation and conduct discipline
- Section 11 requires establishment of a performance evaluation system for BFP and BJMP uniformed personnel.
- Section 11 provides that the performance evaluation system is to be administered in accordance with rules, regulations, standards, and a code of conduct to be promulgated by the Fire Bureau and Jail Bureau through the DILG.
- Section 11 requires the performance evaluation system to foster improvement of individual efficiency and behavioral discipline and promotion of organizational effectiveness and commitment to service.
- Section 11 requires the rating system to be based on standards prescribed by the Fire Bureau and Jail Bureau through the DILG.
- Section 11 requires that the rating system consider results of annual psychiatric/psychological and physical tests conducted on uniformed personnel of the BFP and BJMP.
Standardized base pay and benefits
- Section 12 mandates that uniformed personnel of the BFP and BJMP receive the minimum starting salary equivalent to the salary grade level of corresponding rank classification of PNP counterparts under Section 36 of Republic Act No. 8551 and AFP counterparts under Section 2 of Republic Act No. 9166.
- Section 12 provides that base pay is adjusted using the salary grade schedule for ranks as follows:
- Fire/Jail Director — Salary Grade 28
- Fire/Jail Chief Superintendent — Salary Grade 27
- Fire/Jail Senior Superintendent — Salary Grade 26
- Fire/Jail Superintendent — Salary Grade 25
- Fire/Jail Chief Inspector — Salary Grade 24
- Fire/Jail Senior Inspector — Salary Grade 23
- Fire/Jail Inspector — Salary Grade 22
- Senior Fire/Jail Officer IV — Salary Grade 19
- Senior Fire/Jail Officer III — Salary Grade 18
- Senior Fire/Jail Officer II — Salary Grade 17
- Senior Fire/Jail Officer I — Salary Grade 16
- Fire/Jail Officer III — Salary Grade 14
- Fire/Jail Officer II — Salary Grade 12
- Fire/Jail Officer I — Salary Grade 10
- Section 12 requires that benefits currently received under other existing laws continue to be received.
- Section 12 provides that retirement pay is subject to adjustment based on the prevailing scale of base pay of uniformed personnel in active service.
Implementation phases, IRR, and reporting
- Section 13 requires implementation in staggered phases but not to exceed three (3) years, considering the financial position of the national government.
- Section 13 requires uniform and proportionate implementation of any partial implementation for all ranks.
- Section 14 requires the DILG, in coordination with the BFP, BJMP, CSC, DBM, and DOF, to promulgate necessary rules and regulations within ninety (90) days from effectivity.
- Section 15 requires BFP and BJMP through DILG and DBM to jointly submit an annual report on implementation to the President of the Senate and the Speaker of the House of Representatives.
- Section 15 requires the annual report to include information on the application of the budget for salary and other benefits under the Act.
- Section 15 requires DBM, in consultation with BFP and BJMP through DILG, to periodically review and adjust base pay rates every five (5) years, considering labor productivity, consumer price index, oil price, and other similar economic indicators determined by NEDA.
Separability, repeals, and effectivity
- Section 16 provides a separability rule: if any position or provision is declared unconstitutional, remaining provisions not affected remain valid and effective.
- Section 17 provides a repealing rule: all laws, decrees, executive orders, rules and regulations, and other issuances—or parts inconsistent with the Act—are deemed repealed, amended, or modified accordingly.
- Section 18 provides effectivity: the Act takes effect fifteen (15) days after complete publication in the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.
Dates, approval, and effectivity timeline
- The Act is approved on March 10, 2004.
- The Act takes effect fifteen (15) days after complete publication in the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier (Section 18).
- The Act provides that implementation is to occur in staggered phases but not exceeding three (3) years from effectivity (Section 13).
- The Act requires key system build-outs by deadlines: professionalization program within ninety (90) days (Section 8), implementing rules within ninety (90) days (Section 14), attrition system within one (1) year (Section 9), promotion system within six (6) months (Section 10).