Issuing authorities and legal basis
- The Act amends Republic Act No. 6975 (Philippine National Police law), as amended by Republic Act No. 8551 (Philippine National Police Reform and Reorganization Act of 1998).
- Section 4 directs the National Police Commission and the Philippine National Police to promulgate the necessary implementing rules and regulations.
- Section 3 directs the National Police Commission to design and implement a continuing education program in coordination with the Civil Service Commission, the Commission on Human Rights, and the Commission on Higher Education.
- The Act is intended to operate within the appointment and promotions framework set by Republic Act No. 6975 and the reforms under Republic Act No. 8551.
Minimum educational qualification extended
- Section 1 amends Section 30(j) of Republic Act No. 6975, as amended by Section 14 of Republic Act No. 8551, on the general qualification for appointment to the PNP.
- Under Section 30(j) as amended, a new applicant must be not less than twenty-one (21) nor more than thirty (30) years of age.
- Section 30 continues to provide that, except for the last qualification, the enumerated qualifications are continuing in character, and the absence of any one at any given time is a ground for separation or retirement from the service.
- PNP members already in the service upon the effectivity of Republic Act No. 8551 must be given five (5) years to obtain the minimum educational qualification preferably in law enforcement related courses, reckoned from the date of effectivity of the amendatory Act.
- Section 1 provides a special rule: for concerned PNP members rendering more than fifteen (15) years of service who have exhibited exemplary performance as determined by the Commission, compliance with the minimum educational requirement is no longer required.
Promotion eligibility and criminal cases
- Section 2 amends Section 38(a) of Republic Act No. 6975, as amended by Section 33 of Republic Act No. 8551, governing Promotions.
- A uniformed PNP member is not eligible for promotion to a higher position or rank unless the member:
- successfully passed the corresponding promotional examination given by the Commission, or
- has passed the Bar, or has passed the corresponding board examinations for technical services and other professions, or
- has satisfactorily completed the appropriate and accredited course in the PNPA or equivalent training institutions, and
- has satisfactorily passed the required psychiatric/psychological and drug tests.
- Section 38(a) further provides that the institution of a criminal action or complaint against a police officer shall not be a bar to promotion.
- Section 2 creates a conditional ineligibility: upon finding of probable cause, notwithstanding any later challenge, the concerned police officer is ineligible for promotion.
- If the case remains unresolved after two (2) years from the determination of probable cause, the police officer is considered for promotion.
- If the police officer is held guilty by final judgment, the police officer’s promotion is recalled, without prejudice to the imposition of the appropriate penalties under applicable laws, rules and regulations.
- A special rule applies to certain cases: if the complaint includes, but is not limited to, a violation of human rights punishable by reclusion perpetua or life imprisonment, and the court determines that the evidence of guilt is strong, the police officer is completely ineligible for promotion during the pendency of the criminal case.
Continuing education requirement
- Section 3 amends Section 23 of Republic Act No. 8551 on the Continuing Education Program.
- The Commission must design, establish, and implement a continuing education program for PNP officers and members.
- The program must be designed in coordination with the Civil Service Commission, the Commission on Human Rights, and the Commission on Higher Education.
- The program must be implemented through a distance education program and/or an in-service education program.
- The program must focus on law enforcement, criminal investigation, human rights, or other similar programs.
Implementing rules and regulations
- Section 4 requires the National Police Commission and the Philippine National Police to promulgate the necessary rules and regulations for effective implementation.
- Section 4 provides that these rules and regulations take effect upon publication in two (2) newspaper(s) of general circulation.
Separability, repealing, and effectivity
- Section 5 establishes a separability clause: if any provision is declared unconstitutional or invalid, the other provisions not affected continue in full force and effect.
- Section 6 contains a repealing clause: all laws, decrees, executive orders, rules and regulations, and other issuances, or parts inconsistent with the Act, are repealed, amended, or modified accordingly.
- Section 7 sets the Act’s effectivity: fifteen (15) days after complete publication in at least two (2) newspapers of general circulation.
Final approval and legislative passage
- The Act was approved on August 12, 2009 by the President of the Philippines.
- The Act’s legislative passage reflects final approval by the Senate on February 23, 2009 and by the House of Representatives on May 20, 2009.