Philippine National Police Establishment Act

Law Summary

Congressional Role in Public Safety Policy

The President shall recommend comprehensive policies on public order and safety to Congress.

Department of the Interior and Local Government (DILG) Organization

The DILG is reorganized from the Department of Local Government.
DILG powers include previous functions plus new ones under the Act.
Composition includes Department Proper, bureaus of Fire Protection, Jail Management, the PNP, the National Police Commission, and the Philippine Public Safety College.
Department Proper includes Secretary’s Office, with one Secretary, two Undersecretaries (local govt. and peace and order), and three Assistant Secretaries.
The Secretary is appointed by the President, confirmed by the Commission on Appointments; former military or police can only be appointed after one year of retirement/resignation.

Secretary’s Powers and Departmental Offices

The Secretary holds overall authority, reports periodically, chairs the National Police Commission, and may delegate functions.
Regional offices are established nationwide, led by regional directors and assistant directors for jail and fire services.

Transition of Internal Security Role

For up to 24 months post-effectivity, AFP retains internal and external security roles.
After this, DILG takes primary internal security role; AFP focuses on external security.
In serious threats, AFP may resume primary internal security role on Presidential recommendation.
PNP, Fire, Jail Forces assist AFP in national emergencies.
Coordination between DILG and National Defense specified by memorandum.

National Police Commission (NPC) Structure and Function

NPC is a collegial body within DILG, composed of a Chairman (Secretary of DILG), four members; one Vice-Chairman is designated by President.
Powers include administrative control over PNP, advising the President, setting policies, standards, rules, uniform crime reporting, surveys, reports, hearings on disciplinary appeals, and recommendations on crime prevention.
Commissioners must be 35+, Philippine Bar members or hold relevant master’s degrees, with at least 5 years law enforcement experience.
Commissioners appointed by the President for six years, staggered initial terms.
Commissioners may be removed for cause; they are prohibited from private enterprise management or interfering with their office duties.
NPC comprises Commission Proper, Staff Services (Planning, Legal, Crime Prevention, Administration, Inspection, Logistics), and Disciplinary Appellate Boards.
NPC operates regional offices headed by directors who also adjudicate benefit claims.

Philippine National Police (PNP) Composition and Organization

PNP formed from integration of the INP and PC personnel, including Narcotics Command and Criminal Investigation Service.
PC/CIS technical and civilian employees absorbed as government employees.
Qualification for key PNP positions include educational and performance standards; civilians with pending cases can join provisionally.
PNP is led by a Chief appointed by the President, serving four years; deputies for operations and administration assist.
National, regional, provincial, district, and city/municipal units organized with defined leadership roles.
Manning aimed at one policeman per 500 population, minimum ratio of 1:1000 nationally, higher in urban areas.
Ranks range from Police Officer I to Director General, with specific position titles tied to ranks.

PNP Powers and Jurisdiction

Enforce laws for protection of life and property, maintain peace and order, investigate and prevent crimes, make arrests, issue firearm licenses.
Supervise security agencies and guards.
Absorb functions of National Action Committee on Anti-Hijacking, Philippine Air Force Security Command, and Coast Guard police functions.
Adequate resources for land, sea, air capabilities provided.

Qualifications and Appointment Procedures

Officers and members must be Filipino, morally upright, physically qualified, appropriately educated, and without disqualifications.
Appointment authority varies by rank level with Civil Service attestation and Commission recommendations.
Promotional and lateral entry rules specified, including for technical staff and graduates.
City/Municipal police chiefs must meet educational and experience standards, with special qualifications allowing lawyers with practice experience.

Support Units and Operational Efficiency

Administrative units: Crime Lab, Logistics, Communications, Computer Center, Finance, Civil Security Unit.
Operational units: Maritime, Intelligence, Security, Investigation, Special Action, Narcotics, Aviation Security, Traffic Management, Medical and Dental, Civil Relations.

Status, Compensation, Welfare, and Professionalism

PNP personnel are national government employees, may receive local allowances.
Performance evaluation systems promote efficiency, discipline, respect for human rights and civilian supremacy.
Promotion requires examinations, clearances, training, with special promotions for valor.
Retirement at 56, optional retirement after 20 years with benefits.
Discipline enforced by supervisors and specific authorities; minor offenses handled summarily.
Summary dismissal allowed for serious offenses.

Disciplinary and Appeal Mechanisms

Citizens’ complaints addressed to appropriate authorities based on penalty severity.
People’s Law Enforcement Boards (PLEBs) created at local levels for complaints adjudication; composed of local officials and community members.
Appeal boards—national and regional—handle appeals on disciplinary actions.
Criminal cases under regular courts; preventive suspension rules in place.
Legal assistance for members facing charges related to official duties.

Local Government Participation

Governors and mayors act as Commission representatives within their jurisdictions.
Governors choose provincial directors from PNP recommended lists.
Mayors have operational supervision powers over PNP units except election periods, and powers related to appointments and discipline.
Integrated Community Safety Plans developed locally by mayors.
The President may suspend local executives’ supervisory powers for cause.

Bureau of Fire Protection

Established from the fire service of INP.
Responsible for fire prevention, suppression, enforcement of Fire Code, investigation.
Led by Chief and deputy, with organized provincial, district, city/municipal offices.
Fire stations established nationwide, land provided by local governments.
Rank structure and leadership positions defined.

Bureau of Jail Management and Penology

Created from Jail Management Service of INP.
Supervises municipal and city jails; provincial jails supervised by provincial governments with national subsidies.
Organized with chiefs and wardens at various levels.
Facilities required to be secure, sanitary, with attention to prisoner welfare and rights.
Rank classification and key position titles established.

Philippine Public Safety College (PPSC)

Created as premier educational institution for PNP, Fire, and Jail personnel.
Consists of PNPA, Fire Service Training Center, National Police College, and other centers.
Responsible for training programs, research, facilities, needs assessment.

Uniformed Personnel Benefits and Protections

Incentives and awards system established.
Health and welfare programs promoted.
Longevity pay granted every five years of service, up to 50% of base pay.
Active service defined for retirement and benefits crediting.
Permanent disability and retirement benefits elaborated.
Retirement pay calculations defined.
Death/disability benefits protected from attachment and taxes.
Missing in action personnel receive continued pay; benefits to heirs for one year.
Procedures for finding death and terminating payments.
Right to present grievances respected.
Strikes and concerted activities prohibited with dismissal penalties.

Transitory Provisions and Implementation Phases

Holdover capacity of incumbent Secretary until new appointment.
Special Oversight Committee formed to ensure smooth implementation.
Implementation in three phases covering personnel options, organization, absorption of assets, rationalization of benefits.
Transfer of functions from PC, INP, and defense agencies to PNP.
Absorption of National Action Committee on Anti-Hijacking.
Properties, personnel, and appropriations transferred to DILG; separation benefits provided if positions abolished.
Gradual compulsory retirement and cessation of PC-INP.

Final Provisions

Civil Service laws apply.
Funding from appropriations of abolished or transferred agencies initially, followed by General Appropriations Act.
Secretary to promulgate rules within 90 days.
Separability and repealing clauses safeguard the law’s effectivity.
Law effective 15 days after publication in two newspapers.