Title
Philippine National Police Establishment Act
Law
Republic Act No. 6975
Decision Date
Dec 13, 1990
The Department of the Interior and Local Government Act of 1990 outlines the transfer and absorption of various agencies and personnel, including the Philippine National Police, the National Action Committee on Anti-Hijacking, and the National Police Commission, while also applying Civil Service Laws to all personnel of the Department.
dilg act
peace and order
public safety

Policy, purpose, and State intent

  • The State policy is to promote peace and order, ensure public safety, and strengthen local government capability for effective delivery of basic services through a highly efficient and competent police force.
  • The police force must be national in scope and civilian in character.
  • The State must bolster a system of coordination and cooperation among the citizenry, local executives, and the integrated law enforcement and public safety agencies created under the Act.
  • The police force must be organized, trained, and equipped primarily for the performance of police functions.
  • The police force’s national scope and civilian character are paramount.
  • No element of the police force may be military, and no position may be occupied by active members of the Armed Forces of the Philippines.

Department of the Interior and Local Government (DILG)

  • The Department of the Interior and Local Government is created by reorganizing the Department of Local Government under the Act.
  • The Department exercises the powers and functions of the former Department and additional powers and functions under the Act.
  • The Department consists of:
    • the Department Proper,
    • existing bureaus and offices of the former Department of Local Government,
    • the National Police Commission,
    • the Philippine Public Safety College,
    • and the following bureaus: the Philippine National Police, the Bureau of Fire Protection, and the Bureau of Jail Management and Penology.
  • The Secretary is the head of the Department, and the Secretary also serves as ex officio Chairman of the National Police Commission.
  • The Secretary must be appointed by the President subject to confirmation of the Commission on Appointments.
  • A person cannot be appointed Secretary if the person is a retired or resigned military officer or police official within one (1) year from the date of retirement or resignation.

Powers and structure of DILG

  • The Secretary holds office at the pleasure of the President and receives compensation, allowances, and emoluments to which heads of departments are entitled.
  • In addition to powers under Executive Order No. 262, the Secretary must:
    • prepare and submit periodic reports, including a Quarterly Anticrime Operations Report and other reports required by the President and Congress,
    • act as Chairman and Presiding Officer of the National Police Commission,
    • delegate authority to exercise any substantive or administrative function to members of the National Police Commission or other officers of rank within the Department.
  • The Department must establish and maintain a regional office in each administrative region for implementation of Department policies and programs.
  • Each regional office is headed by a regional director, assisted by two (2) assistant regional directors:
    • one for jail management and penology, and
    • one for fire protection,
    • in addition to the present assistant regional directors of the Department of Local Government.

AFP and PNP transition; national emergency rules

  • For twenty-four (24) months from the Act’s effectivity, the Armed Forces of the Philippines (AFP) continues its present role of preserving internal and external security.
  • The President may extend the AFP’s internal security role for another period not exceeding twenty-four (24) months if justifiable.
  • After the AFP internal security period ends, the Department automatically takes over the primary role of preserving internal security, while the AFP retains the primary role of preserving external security.
  • If serious threats to national security and public order arise (e.g., insurgents gaining considerable foothold requiring bigger tactical forces, higher caliber armaments, and better armored vehicles), the President may, upon recommendation of the peace and order council, call on the AFP to assume the primary role, with the Philippine National Police (PNP) in a supportive role in the area concerned.
  • In times of national emergency, all elements of the PNP, Bureau of Fire Protection, and Bureau of Jail Management and Penology must, upon direction of the President, assist the AFP to meet the national emergency.
  • Complementary relationship rules between the Department and the Department of National Defense must be jointly prescribed by their respective Secretaries through a memorandum of agreement, which must then be published and implemented.

National Police Commission: creation, powers, and officers

  • A National Police Commission is created as a collegial body within the Department to discharge functions prescribed by the Constitution and this Act.
  • The Commission is composed of a Chairman and four (4) regular commissioners, with the President designating one as Vice-Chairman.
  • The Department Secretary serves as ex officio Chairman of the Commission.
  • The Vice-Chairman acts as the executive officer of the Commission.

Commission powers and functions

  • The Commission must:
    • exercise administrative control over the PNP,
    • advise the President on matters involving police functions and administration,
    • foster and develop policies and promulgate rules and regulations, standards, and procedures to improve police services,
    • examine and audit police agencies’ performance, activities, and facilities on a continuing basis and establish continuing standards,
    • prepare a police manual covering efficient organization, administration, and operation, including recruitment, selection, promotion, and retirement,
    • establish a system of uniform crime reporting,
    • conduct surveys and compile statistics to evaluate the efficiency and effectiveness of police units,
    • render an annual report to the President and Congress within thirty (30) days after the end of the calendar year, including appraisal of conditions and recommendations for remedial legislation,
    • approve or modify plans and programs on education and training, logistics, communications, records, information systems, crime laboratory, crime prevention, and crime reporting,
    • through the National Appellate Board, affirm, reverse, or modify personnel disciplinary actions involving demotion or dismissal imposed by the PNP Chief,
    • exercise appellate jurisdiction through regional appellate boards over administrative cases and decisions on claims for police benefits,
    • recommend, through the Secretary, a crime prevention program to the President within sixty (60) days before the start of each calendar year,
    • prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the Philippine Heraldry Commission, for insignia of ranks, awards, and medals of honor,
    • issue subpoena and subpoena duces tecum in matters pertaining to discharge of its powers and duties, and designate who among its personnel can issue processes and administer oaths,
    • perform other functions necessary to carry out the Act and as the President directs.

Commission qualifications, term, removal, and prohibitions

  • A person cannot be appointed a regular member of the Commission unless the person:
    • is at least thirty-five (35) years of age,
    • is a member of the Philippine Bar or holds a master’s degree in specified fields (public administration, business administration, management, sociology, criminology, law enforcement, national security administration, defense studies, and other related disciplines),
    • has at least five (5) years of law enforcement experience.
  • Four (4) regular commissioners are appointed by the President upon recommendation of the Secretary.
  • Of the first four (4) commissioners:
    • two (2) serve six (6) years, and
    • two (2) serve four (4) years.
  • All subsequent appointments are for six (6) years each, with no reappointment and no extension.
  • If the Chairman is absent due to temporary or permanent incapacity, the President designates an Acting Chairman.
  • If the Chairman dies, permanently becomes incapacitated, or is disqualified, the Acting Chairman serves until a new Chairman is appointed and qualified.
  • Commission members may be removed from office for cause.
  • Vacancies are filled for the unexpired term only, except for expiration of term, and a person appointed for such vacancy remains eligible for regular appointment for another full term.
  • The Chairman and commissioners must not:
    • engage in the practice of any profession,
    • intervene in the management or control of any private enterprise,
    • and must not have any financial or material interest in any transaction requiring approval of their office.

PNP organization: composition, functions, and staffing

  • The Philippine National Police (PNP) is established as a national police force initially consisting of:
    • members integrated into the Integrated National Police (INP) under Presidential Decree No. 765, and
    • officers and enlisted personnel of the Philippine Constabulary (PC).
  • PC personnel for PNP purposes include those assigned with Narcotics Command (NARCOM), Criminal Investigation Service (CIS), the technical services of the AFP assigned with the PC, and civilian operatives of the CIS.
  • Regular operatives of the abolished NAPOLCOM Inspection, Investigation and Intelligence Branch may be absorbed into the PNP.
  • A PC officer or enlisted personnel may transfer to branches or services of the AFP under Section 85 of the Act.
  • To qualify for transfer to PNP units in Metropolitan Manila and highly urbanized cities, an individual must have completed not less than second year collegiate work or its equivalent training of seventy-two (72) collegiate units.
  • Individuals with pending administrative or criminal cases, or those adjudged liable or convicted with cases pending appeal, may join the PNP provisionally, without prejudice to final judgment by a competent body.
  • Permanent civilian employees of the present PC, INP, Narcotics Command, CIS, and AFP technical services assigned with the PC (including NAPOLCOM hearing officers holding regular items) are absorbed by the Department as employees of the Department, subject to existing laws and regulations.

PNP powers and duties

  • The PNP must:
    • enforce all laws and ordinances relative to protection of lives and properties,
    • maintain peace and order and take all necessary steps to ensure public safety,
    • investigate and prevent crimes, effect arrest, bring offenders to justice, and assist prosecution,
    • exercise the general powers to make arrest, search, and seizure in accordance with the Constitution and pertinent laws,
    • detain an arrested person for a period not beyond what is prescribed by law and inform the detained person of all rights under the Constitution,
    • issue licenses for the possession of firearms and explosives in accordance with law,
    • supervise and control training and operations of security agencies and issue licenses to operate security agencies, and to security guards and private detectives,
    • perform other duties as provided by law.
  • The PNP must absorb:
    • the office of the National Action Committee on Anti-Hijacking (NACAH) of the Department of National Defense,
    • the functions of the present Philippine Air Force Security Command (PAFSECOM),
    • and the police functions of the Coast Guard.
  • The PNP must be provided with adequate land, sea, and air capabilities and all necessary material means or resources.

PNP command and appointment rules

  • The PNP is headed by a Chief of the PNP, assisted by two (2) deputy chiefs:
    • one for operations, and
    • one for administration.
  • Deputy chiefs are appointed by the President upon recommendation of the Commission from among the most senior and qualified officers in the service.
  • No officer who has retired or will be retirable within six (6) months from compulsory retirement age may be appointed as Chief.
  • The PNP is composed of:
    • a national office,
    • regional offices,
    • provincial offices,
    • district offices, and
    • city or municipal stations.
  • The national office is maintained in Metropolitan Manila and houses directorial staff, service staff, and special support units.
  • Regional offices include the National Capital Region and may be divided into two (2) separate regions without prejudice to autonomous region organic act provisions regarding creation of a regional police force.
  • Each regional office is headed by a regional director for peace and order.
  • Provincial offices are headed by provincial directors; the Commission may create police districts headed by district directors.
  • City or municipal stations are headed by chiefs of police.
  • The Chief of the PNP must, within sixty (60) days from Act effectivity, recommend the organizational structure and staffing pattern to the Commission.

Chief of the PNP term, powers, and manning levels

  • Command and direction of the PNP are vested in the Chief of the PNP, including direction and control of tactical and strategic movements, deployment, placement, utilization of PNP units and personnel, including equipment, facilities, and other resources.
  • The Chief may delegate command and direction to subordinate officials for units under their command, consistent with Commission rules and regulations.
  • The Chief may issue detailed implementing policies and instructions regarding personnel, funds, properties, records, correspondence, and other matters needed to carry out PNP functions.
  • The Chief of the PNP is appointed by the President from among senior officers down to the rank of chief superintendent, subject to confirmation by the Commission on Appointments.
  • The Chief serves a term not to exceed four (4) years.
  • In times of war or other national emergency declared by Congress, the President may extend the Chief’s term.

Manning levels

  • The average nationwide manning level must approximate a ratio of one (1) policeman for every five hundred (500) persons.
  • The actual strength by cities and municipalities depends on peace and order state, population density, and service demands.
  • The minimum police-to-population ratio must not be less than one (1) policeman for every one thousand (1,000) persons.
  • Urban areas must have a higher minimum police-to-population ratio as prescribed by regulations.

PNP ranks, key positions, and qualifications

  • PNP members’ rank classification includes:
    • Director General,
    • Deputy Director General,
    • Director Chief Superintendent,
    • Senior Superintendent,
    • Superintendent,
    • Chief Inspector,
    • Senior Inspector,
    • Inspector,
    • Senior Police Officer IV,
    • Senior Police Officer III,
    • Senior Police Officer II,
    • Senior Police Officer I,
    • Police Officer III,
    • Police Officer II,
    • Police Officer I.
  • The head of the PNP with rank of director general holds the position title Chief of the PNP.
  • The second in command with rank of deputy director general is Deputy Chief of the PNP for Administration.
  • The third in command with rank also of deputy director general is Deputy Chief of the PNP for Operations.
  • The head of the directorial staff at national level with rank of deputy director general is Chief of the Directorial Staff of the PNP.
  • Director of directorial staff functional divisions are ranked director.
  • The head of the Inspectorate Division with rank of chief superintendent is Inspector General.
  • The heads of administrative and operational support divisions have rank of chief superintendent.
  • Position titles include:
    • NCR Director (NCR head with rank of director),
    • Regional Director (regional office head with rank of chief superintendent),
    • District Director (NCR district office head with rank of chief superintendent),
    • Provincial Director (provincial office head with rank of senior superintendent),
    • District Director (district office head with rank of superintendent),
    • Chief of Police (municipality/city office head with rank of chief inspector).

General qualifications for appointment

  • No person may be appointed as officer or member of the PNP unless the person:
    • is a citizen of the Philippines,
    • is of good moral conduct,
    • is of sound mind and body,
    • has a formal baccalaureate degree for appointment as officer,
    • has finished at least second year college or its equivalent of seventy-two (72) collegiate units for appointment as non-officer, or has an equivalent training or experience for those already in service upon effectivity of the Act,
    • is eligible under standards set by the Commission,
    • was not dishonorably discharged from military employment or dismissed for cause from any civilian government position,
    • has not been convicted by final judgment of an offense or crime involving moral turpitude,
    • meets height and weight requirements:
      • male: 1.62 m.; female: 1.57 m.,
      • must weigh not more or less than five kilograms (5 kg) of standard weight corresponding to height, age, and sex,
    • for new applicants, is at least twenty-one (21) and not more than thirty (30) years of age.

Appointment of PNP ranks

  • Police Officer I to Senior Police Officer IV are appointed by the PNP regional director for regional personnel or the Chief for national headquarters personnel, and are attested by the Civil Service Commission.
  • Inspector to Superintendent are appointed by the Chief of the PNP upon recommendation of immediate superiors and attested by the Civil Service Commission.
  • Senior Superintendent to Deputy Director General are appointed by the President upon recommendation of the Chief of the PNP, with endorsement by the Chairman of the Civil Service Commission, and subject to confirmation by the Commission on Appointments.
  • Director General is appointed by the President from among senior officers down to chief superintendent, subject to Commission on Appointments.
  • The Chief of the PNP serves a tour of duty not to exceed four (4) years, and is extendable by the President in times of war or other national emergency declared by Congress.

Examinations and lateral entry

  • The Civil Service Commission administers qualifying entrance examinations for policemen based on standards set by the NAPOLCOM.
  • Commissioned officers’ original appointments generally start at the rank of inspector.
  • Technical services lateral entry rules provide that:
    • dentists, optometrists, nurses, engineers, and forensic sciences graduates start at inspector,
    • doctors of medicine, Bar members, and chaplains are appointed at senior inspector in their technical service,
    • graduates of the PNPA are automatically appointed at the initial rank of inspector,
    • licensed criminologists may be appointed at the rank of inspector to fill vacancies after promotions are compacted.

Chiefs of city and municipal police: qualifications

  • A person cannot be appointed chief of a city police station unless the person:
    • holds a bachelor’s degree from a recognized institution, or
    • has served in the Philippine Constabulary or in a city/municipal police department at the rank of captain or its equivalent for at least three (3) years.
  • A person cannot be appointed chief of a municipal police station unless the person:
    • holds a bachelor’s degree from a recognized institution, or
    • has served as an officer in Philippine Constabulary or city/municipal police department with rank of lieutenant or its equivalent for at least two (2) years.
  • A Bar member with at least Five (5) years experience in active law practice and meeting Section 30 general qualifications may be qualified for appointment as chief of a city or municipal police station.
  • The chief of police appointment must follow the rules under Section 51, paragraph (b), subparagraph (4)(i).

Support units and specialized services

  • The PNP is supported by administrative and operational support units.
  • Administrative support units include:
    • Crime Laboratory,
    • Logistics Unit,
    • Communications Unit,
    • Computer Center,
    • Finance Center,
    • Civil Security Unit.
  • Operational support units include:
    • Maritime Police Unit,
    • Police Intelligence Unit,
    • Police Security Unit,
    • Criminal Investigation Unit,
    • Special Action Force,
    • Narcotics Unit,
    • Aviation Security Unit,
    • Traffic Management Unit,
    • Medical and Dental Centers,
    • Civil Relations Unit.
  • The Chief of the PNP may constitute additional support units as necessary subject to Commission approval.
  • No support unit headed by a chief superintendent or higher rank can be created unless provided by law.

Administrative support unit mandates

  • Crime Laboratory:
    • requires a central Crime Laboratory headed by a director with rank of chief superintendent,
    • provides scientific and technical investigative aid for the PNP and other investigative agencies,
    • conducts laboratory examination, evaluation, and identification of physical evidence with primary emphasis on medical, chemical, biological, and physical nature,
    • provides regional and city crime laboratories as necessary.
  • Logistics Unit (chief superintendent):
    • procures, distributes, and manages all PNP logistical requirements, including firearms and ammunition.
  • Communications Unit (chief superintendent):
    • establishes an effective police communications network.
  • Computer Center (chief superintendent):
    • designs, implements, and maintains a PNP database system.
  • Finance Center (chief superintendent):
    • provides finance services to the PNP.
  • Civil Security Unit (chief superintendent):
    • provides administrative services and general supervision over organized private detectives, watchmen, security guard agencies, and company guard forces,
    • supervises licensing and registration of firearms and explosives.
  • PNP regional offices decentralize approval of applications to operate private security agencies and issuance of licenses to security guards and licensing of firearms and explosives.

Operational support unit mandates

  • Maritime Police Unit:
    • performs all police functions over Philippine territorial waters and rivers.
  • Police Intelligence Unit:
    • serves as intelligence and counterintelligence operating unit.
  • Police Security Unit:
    • provides security for government officials, visiting dignitaries, and private individuals authorized for protection.
  • Criminal Investigation Unit:
    • monitors, investigates, and prosecutes crimes involving economic sabotage and other high-magnitude crimes indicative of highly placed or professional criminal syndicates,
    • investigates major cases involving violations of the Revised Penal Code and against organized crime groups unless the President assigns the case exclusively to the NBI.
  • Special Action Force:
    • serves as a mobile strike or reaction unit for civil disturbance control, counterinsurgency, hostage-taking rescue operations, and other special operations.
  • Narcotics Unit:
    • enforces laws protecting citizens against dangerous and prohibited drugs and substances.
  • Aviation Security Unit:
    • secures airports against offensive and terroristic acts threatening civil aviation in coordination with airport authorities,
    • exercises operational control and supervision over agencies involved in airport security operations,
    • enforces laws and regulations relative to air travel protection and safety.
  • Traffic Management Unit:
    • enforces traffic laws and regulations.
  • Medical and Dental Centers:
    • provides medical and dental services for the PNP.
  • Civil Relations Unit:
    • implements plans and programs promoting community participation in peace and public safety.

PNP status, performance evaluation, promotions, retirement

  • PNP members are considered employees of the National Government and draw their salaries from the National Government.
  • PNP members assigned in Metropolitan Manila, chartered cities, and first class municipalities may be paid an additional monthly allowance by the concerned local government unit.
  • A performance evaluation system must be established, administered through rules, standards, and a code of conduct promulgated by the Commission.
  • Performance evaluation must foster:
    • improvement of individual efficiency and behavioral discipline,
    • promotion of organizational effectiveness,
    • respect for constitutional and human rights of citizens,
    • democratic principles and ideals,
    • supremacy of civilian authority over the military.
  • The rating system must be based on standards prescribed by the Commission and must consider results of annual physical, psychological, and neuropsychiatric examinations.
  • A PNP member is ineligible for promotion unless the member:
    • passes the corresponding promotional examination given by the Commission, or Bar or board examinations for technical services and other professions,
    • satisfactorily completes an appropriate and accredited course in PNPA or equivalent training institutions,
    • is cleared by the People’s Law Enforcement Board (PLEB) of complaints filed against the member, if any.
  • Special promotion may be granted for acts of conspicuous courage and gallantry at the risk of life above and beyond the call of duty, including when selected through a nationwide search by the PNP or any accredited civic organization.
  • Compulsory retirement:
    • applies to officers and non-officers upon attainment of age fifty-six (56),
    • allows the Commission to grant retention for an unextendible period of one (1) year for an officer with the rank of chief superintendent, director, or deputy director general.
  • Optional retirement:
    • entitles an officer or non-officer, upon request and with Commission approval, to retire after accumulating at least twenty (20) years of satisfactory active service, and to receive benefits provided by law.

Administrative discipline: citizen complaints and penalties

  • Citizen complaints against PNP members must be brought before the disciplining authority determined by the penalty category:
    • Chiefs of police when punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof for not exceeding fifteen (15) days.
    • Mayors of cities or municipalities when punishable by the same penalties or combinations for not less than sixteen (16) days but not exceeding thirty (30) days.
    • People’s Law Enforcement Board (PLEB) when punishable by the same penalties for exceeding thirty (30) days, or by dismissal.
  • The Commission must provide a scale of penalties in its implementing rules and regulations for penalties imposed under this section.

Internal discipline powers for minor offenses

  • For minor offenses involving internal discipline committed by regular members, duly designated supervisors must, after due notice and summary hearing, impose administrative punishments subject to these limits:
    • Chiefs of police or equivalent supervisors may impose admonition or reprimand, restriction to specified limits, withholding of privileges, forfeiture of salary or suspension, or combinations, with a total period not exceeding fifteen (15) days.
    • Provincial directors or equivalent supervisors may impose the same categories with a total not exceeding thirty (30) days.
    • Police regional directors or equivalent supervisors may impose dismissal or admonition or reprimand, restriction, withholding of privileges, suspension or forfeiture of salary, demotion, or combinations, with a total not exceeding sixty (60) days.
    • The Chief of the PNP may impose dismissal, suspension, or forfeiture of salary, or combinations for a period not exceeding one hundred eighty (180) days.

Exclusive jurisdiction and definition of minor offenses

  • A complaint or charge against a PNP member must be heard and decided exclusively by the disciplining authority with original jurisdiction, notwithstanding the existence of concurrent jurisdiction, and cases carrying higher penalties must be referred to the appropriate authority with jurisdiction.
  • A “Minor offense” means an act or omission not involving moral turpitude that affects internal discipline of the PNP, including:
    • simple misconduct or negligence,
    • insubordination,
    • frequent absences or tardiness,
    • habitual drunkenness,
    • gambling prohibited by law.

Summary dismissal; PLEB creation and procedures

  • The Chief of the PNP and regional directors may, after due notice and summary hearings, immediately remove or

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