Title
Supreme Court
Philippine National Police Reform and Reorganization Act
Law
Republic Act No. 8551
Decision Date
Feb 25, 1998
The Philippine National Police Reform and Reorganization Act of 1998 establishes a national and civilian police force responsible for maintaining peace and order, emphasizing accountability and efficiency, while also addressing gender issues and involving local government executives in its administration.

Law Summary

Role of the PNP in Counter-Insurgency Functions

  • The Department of the Interior and Local Government (DILG) is relieved from primary responsibility in insurgency suppression.
  • The PNP supports the Armed Forces of the Philippines (AFP) in insurgency matters through information gathering and routine police functions.
  • The President may call on the PNP to support AFP in combat operations.
  • In national emergencies, PNP, Bureau of Fire Protection, and Bureau of Jail Management assist the armed forces upon presidential direction.

Composition and Powers of the National Police Commission (NAPOLCOM)

  • Composed of a Chairperson (Secretary of DILG), four regular civilian commissioners, and PNP Chief as ex officio member.
  • One commissioner must be a woman; one commissioner must come from law enforcement sector.
  • Commission exercises administrative control and operational supervision over the PNP.
  • Powers include policy development, audits, police manual promulgation, crime reporting system establishment, disciplinary appellate authority, and monitoring police anomalies.
  • Can issue subpoenas and investigate performance and community impact.
  • Advises the President and Congress, formulates crime prevention programs.

Qualifications and Terms of NAPOLCOM Commissioners

  • Commissioners must be Filipino citizens, members of the bar with relevant experience or hold advanced degrees in related fields.
  • Law enforcement commissioner must have at least 5 years practical experience.
  • Term of office for commissioners is six years, no reappointment or extension.

Organizational Structure of NAPOLCOM

  • Consists of Commission Proper, staff services (planning, legal affairs, crime prevention, personnel, inspection, logistics, financial service), and Disciplinary Appellate Boards.
  • Regional and national appellate boards handle administrative disciplinary appeals.

Qualifications and Education Program for PNP Officers and Members

  • Minimum qualifications include Philippine citizenship, good moral conduct, passing health and psychological tests, possession of a baccalaureate degree, and meeting physical standards.
  • Age limits for initial appointment with provisions for waivers.
  • Members currently in service have time to upgrade qualifications.
  • Training includes a mandatory 12-month field training program.
  • Qualifications for key leadership positions (Provincial Directors, Chiefs of City and Municipal Police Stations) include advanced degrees or law background.

Reorganization and Attrition System of the PNP

  • The Commission has authority to reorganize the PNP for better manpower deployment and efficiency.
  • Attrition system includes mechanisms for retirement and separation due to tenure limits, relief, demotion, non-promotion, inefficiency, or incapacity.
  • Maximum tenure set for key positions with compulsory retirement at age 56 or upon maximum tenure.

Promotion and Appointment Systems

  • Promotions based on merit, examinations, and available positions.
  • Temporary rank adjustments for officers assigned to higher positions without qualifications, limited to six months.
  • No promotion during administrative or criminal proceedings unless cleared.
  • Special promotions for acts of conspicuous courage.

Salaries, Benefits, and Retirement

  • Retirement pay starts at 50% of base pay for 20 years active service, increasing by 2.5% per year to 90% max.
  • Permanent disability benefits include lifetime pension at 80% of last salary plus one year's salary.
  • PNP members compensated similarly to public school teachers.
  • Early retirement program available with separation benefits.
  • Rationalization of benefits to be formulated.

Internal Affairs Service (IAS)

  • IAS created to conduct inspections, investigations, audits, and summary hearings against PNP personnel.
  • Handles cases involving firearm discharges, deaths, injuries, or violations during police operations.
  • Led by Inspector General who must be a civilian qualified as prescribed.
  • Members screened for integrity and experience; Bar members may enter laterally.
  • Cannot transfer out of IAS once joined.
  • Provides disciplinary recommendations, which are final and must be acted upon.

Disciplinary Mechanisms and Complaints

  • Citizen complaints processed through chiefs of police, mayors, People’s Law Enforcement Boards (PLEB), or Commission depending on penalty severity.
  • Internal discipline mechanisms with prescribed punishment periods.
  • Summary dismissal powers for strong cases of misconduct.
  • Preventive suspension rules pending criminal case disposition.
  • Legal assistance provided to officers in official duty-related cases.

Women’s Desks and Gender Sensitivity Program

  • Establishment of women’s desks in all police stations to handle crimes against women and children.
  • Recruitment prioritizes women with 10% reserved quota.
  • Gender sensitivity program to prevent sexual harassment and discrimination.
  • Administrative sanctions for violations including suspension and possible dismissal.
  • No restriction on promotion of female personnel.

Participation of Local Government Executives in PNP Administration

  • Mayors and governors have operational supervision to direct police functions within their jurisdiction.
  • Mayors choose city/municipal police chiefs from a list provided.
  • Deputation of local government executives as Commission representatives.
  • Grounds for suspension or withdrawal of deputation include abuse or neglect.

Strengthening People’s Law Enforcement Boards (PLEB)

  • PLEBs created in every city/municipality as central complaint receiving bodies.
  • Membership includes community members with specific qualifications including gender and legal representation.
  • Members compensated through local government funds with insurance.
  • Local governments must fund PLEB operations or risk withholding of national tax shares.
  • PLEB can request preventive suspension of police officers.

Transitory and Final Provisions

  • Reorganization and civilianization of PNP to be completed within three years.
  • The Commission to promulgate implementing rules and regulations.
  • Appropriations authorized for implementation.
  • Repeal of inconsistent laws and provisions.
  • Separability clause and effectivity upon publication in at least three newspapers.

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