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.