Philippine National Police Reform and Reorganization Act

PNP role in insurgency and emergencies

Section 3 amends Section 12 of Republic Act No. 6975 by removing the Department of the Interior and Local Government’s primary responsibility on suppression of insurgency and other serious threats to national security.
Section 3 provides that the PNP shall support the Armed Forces of the Philippines (AFP) through information gathering and performance of ordinary police functions, except when the President calls the PNP to support the AFP in combat operations.
Section 3 provides that in times of national emergency, upon direction of the President, the PNP, Bureau of Fire Protection, and Bureau of Jail Management and Penology shall assist the armed forces in meeting the national emergency.

National Police Commission creation and functions

Section 4 amends Section 13 of Republic Act No. 6975 by creating a National Police Commission, attached to the Department for policy and program coordination.
Section 4 establishes the Commission composition: a Chairperson, four (4) regular Commissioners, and the Chief of PNP as ex officio member.
Section 4 requires that three (3) regular commissioners come from the civilian sector (neither active nor former police or military), with the President designating one (1) of them as vice chairperson.
Section 4 requires that the fourth regular commissioner come from the law enforcement sector (active or retired), and provides that an active law enforcement member is deemed resigned upon appointment; it also requires that at least one (1) Commissioner shall be a woman.
Section 4 makes the Secretary of the Department the ex officio chairperson, and provides that the vice chairperson acts as the executive officer of the Commission.

Commission powers, discipline appellate authority

Section 5 amends Section 14 of Republic Act No. 6975 by granting the Commission administrative control and operational supervision over the PNP, including policy and operational oversight.
Section 5 requires development of policies and promulgation of a police manual including criteria for: manpower allocation, distribution and deployment, recruitment, selection, promotion and retirement, and qualifying entrance and promotional examinations for uniformed members.
Section 5 requires continuing examination and audit and establishing standards for performance, activities, and facilities of all police agencies nationwide.
Section 5 requires establishment of a system of uniform crime reporting, and an annual self-report survey and compilation of statistical data for assessing the crime situation and evaluating efficiency and effectiveness.
Section 5 grants authority to approve or modify plans and programs on education and training, logistical requirements, communications, records, information systems, crime laboratory, crime prevention, and crime reporting.
Section 5 provides that through the National Appellate Board, the Commission may affirm, reverse, or modify personnel disciplinary actions involving demotion or dismissal imposed by the Chief of PNP.
Section 5 grants appellate jurisdiction through regional appellate boards over administrative cases against policemen and decisions on claims for police benefits.
Section 5 mandates prescription of minimum standards for arms, equipment, and uniforms and, after consultation with the Philippine Heraldry Commission, standards for insignia, awards, and medals of honor.
Section 5 requires that within ninety (90) days from the effectivity of this Act, uniform standards of PNP uniformed personnel must be revised to be clearly distinct from the military and reflective of the civilian character of the police.
Section 5 grants the Commission power to issue subpoena and subpoena duces tecum, designate who may issue them, and administer oaths.
Section 5 provides for inspection and assessment of compliance with manpower allocation, distribution, and deployment criteria, and for monitoring performance of local chief executives as deputies of the Commission.
Section 5 requires monitoring and investigation of police anomalies and irregularities and advising the President on matters involving police functions and administration.
Section 5 requires the Commission to render to the President and Congress an annual report within thirty (30) days after the end of the calendar year, including appraisal of conditions in police agencies throughout municipalities, cities, and provinces and recommendations for remedial legislation.
Section 5 requires the Commission to recommend to the President, through the Secretary, within sixty (60) days before the commencement of each calendar year, a crime prevention program.
Section 5 empowers the Commission to perform other functions necessary to carry out the Act and as directed by the President.

Commission qualifications and fixed terms

Section 6 amends Section 15 of Republic Act No. 6975: no person shall be appointed regular member of the Commission unless a citizen, a member of the Philippine Bar with at least five (5) years experience handling criminal or human rights cases or a holder of a master’s degree (preferably doctorate) in public administration, sociology, criminology, criminal justice, law enforcement, and other related disciplines.
Section 6 requires that the law enforcement-sector regular member have at least five (5) years practical experience in law enforcement.
Section 6 requires the three (3) other regular commissioners to have done extensive research work or projects on law enforcement, criminology, or criminal justice, or to be members of a duly registered non-government organization involved in promoting peace and order.
Section 7 amends Section 16: the four (4) regular and full-time Commissioners are appointed by the President for a term of six (6) years without re-appointment or extension.
Section 8 provides that upon the effectivity of this Act, the terms of the current Commissioners are deemed expired and constitute a bar to reappointment or extension, except current Commissioners who served less than two (2) years may be appointed for a maximum term of two (2) years.
Section 9 amends Section 17: the vice chair serves as chairperson during temporary incapacity; in death, permanent incapacity, or disqualification, the acting chair serves until a new chair is appointed by the President and qualified.
Section 12 requires the Commission to design and establish a qualifications upgrading program in coordination with the Civil Service Commission, Department of Education, Culture and Sports, and Commission on Higher Education through distance education and/or in-service education within ninety (90) days from effectivity, with those already in service given five (5) years to obtain required degrees or qualifications counted from implementation of the program.

PNP reorganization and qualifications upgrading

Section 13 mandates that notwithstanding Republic Act No. 6975 organizational structure and rank classification, the Commission must conduct a management audit and prepare and submit to Congress a proposed reorganization plan not later than December 31, 1998.
Section 13 requires the proposed reorganization plan to be based on criteria including: (a) increased police visibility through dispersal from headquarters to field offices and appointment/assignment of non-uniformed personnel to purely administrative, technical, clerical, menial positions, and other positions not directly related to police operation; and (b) efficient and optimized delivery of police services to communities.
Section 13 requires that the PNP reorganization program be approved by Congress through a joint resolution.

Baseline PNP qualifications and waiver program

Section 14 amends Section 30 by providing that no one shall be appointed as officer or member of the PNP unless they meet all enumerated minimum qualifications, including: citizenship; good moral conduct; passing psychiatric/psychological, drug, and physical tests administered by PNP or a NAPOLCOM accredited government hospital; a formal baccalaureate degree from a recognized institution; eligibility under standards set by the Commission; no dishonorable discharge from military employment or dismissal for cause from civilian government position; and no final conviction for an offense involving moral turpitude.
Section 14 sets height and weight requirements: at least 1.62 m for male and 1.57 m for female; and weight not more or less than five kilograms (5 kgs.) from the standard weight corresponding to height, age, and sex.
Section 14 sets age for a new applicant: not less than twenty-one (21) nor more than thirty (30) years, and it makes the enumerated qualifications continuing in character; their absence at any time is a ground for separation or retirement from the service, subject to a grace provision.
Section 14 provides a grace period for PNP members already in the service upon effectivity: at least two (2) more years to obtain the minimum educational qualification and one (1) year to satisfy the weight requirement.
Section 14 requires that for compliance with physical and mental health and non-use of prohibited drugs, the PNP by itself or through a NAPOLCOM accredited government hospital shall conduct regular psychiatric, psychological, drug, and physical tests randomly and without notice.
Section 14 provides separation/retirement consequences after lapse of time periods: if a current member fails to satisfy requirements, the member is separated if below fifty (50) years of age and served in Government for less than twenty (20) years, or retired if from fifty (50) years of age and above and served the Government for at least twenty (20) years, without prejudice to payment of benefits under existing laws.
Section 15 allows waivers for initial appointments only when qualified applicants fall below the minimum annual quota; it permits waivers only with age not below twenty (20) nor over thirty-five (35) years, permits a weight noncompliance remedial period not exceeding six (6) months, requires that eligible applicants have finished second year college or have earned at least seventy-two (72) collegiate units leading to a bachelor’s degree, allows a maximum of four (4) years to obtain the required educational qualification for those entering without a baccalaureate degree, and automatically grants a waiver for height requirement for applicants belonging to cultural communities.
Section 16 sets selection criteria for the Waiver Program: precedence to applicants with the least disqualifications; it waives requirements in the order of age, height, weight, and education; and it mandates Commission rules addressing other situations arising from waiver of entry requirements.
Section 17 provides the nature of appointment under the Waiver Program: uniformed personnel admitted due to waiver of educational or weight requirements receive a temporary appointment pending satisfaction of the waived requirement, and any failure within the specified time periods results in dismissal.
Section 18 provides that any member dismissed under a waiver program may re-apply for appointment if they possess the minimum qualifications under Section 14, and reappointment is not by virtue of another waiver program.
Section 19 requires that all uniformed members undergo a Field Training Program for twelve (12) months involving actual experience and assignment in patrol, traffic, and investigation as a requirement for permanency of appointment.
Section 20 increases qualifications for provincial directors: no one may be appointed Director of a Provincial Police Office unless holding a master’s degree in specified fields and satisfying required training and career courses established by the Commission; it grants current incumbents three (3) years from effectivity to comply, otherwise they are relieved from the position.
Section 21 amends Section 32: the Commission administers entrance and promotional examinations for policemen based on Commission standards.
Section 22 amends Section 34 by setting qualification standards for chiefs of city and municipal police stations, including law degree/course requirements (Bachelor of Laws or master’s program course completion), and qualifications for members of the Bar with at least five (5) years law practice, licensed criminologists, or PNPA graduates with general qualifications; it also requires successful field training program passage and compliance with Commission requirements; it cross-references appointment under Section 51, paragraph (b), subparagraph 4(i) of the parent law.
Section 23 requires a qualifications upgrading program for PNP officers and members within ninety (90) days from effectivity, coordinated with the Civil Service Commission and the Commission on Higher Education, through distance education, in-service education, or similar programs.

Attrition, promotion, and retirement benefits

Section 24 requires establishment of an attrition system within one (1) year from effectivity, to be submitted by the PNP to the Commission for approval, and requires it to include the provisions that follow.
Section 25 prescribes maximum tenure in key positions: Chief four (4) years, Deputy Chief four (4) years, Director of the Staff Services four (4) years, Regional Directors six (6) years, Provincial/City Directors nine (9) years, and any other positions higher than Provincial Director six (6) years.
Section 25 provides that officers in those key positions shall be compulsorily retired at maximum tenure or at age fifty-six (56), whichever is earlier.
Section 25 provides that during times of war or other national emergency declared by Congress, the President may extend the PNP Chief’s tour of duty.
Section 25 provides that PNP members who already reached maximum tenure upon effectivity may be allowed one (1) year more of tenure before the maximum tenure provision applies, unless they have reached the compulsory retirement age of fifty-six (56), in which case compulsory retirement age prevails.
Section 25 provides that except for the Chief, no PNP member with less than one (1) year before reaching the compulsory retirement age may be promoted to higher rank or appointed to any other position.
Section 26 mandates that a PNP uniformed personnel relieved for just cause and not given an assignment within two (2) years is retired or separated.
Section 27 mandates that any personnel relieved and assigned to a position lower than the established position for grade, and not assigned to a commensurate position within eighteen (18) months after demotion, is retired or separated.
Section 28 mandates retirement or separation for any personnel not promoted for a continuous period of ten (10) years.
Section 29 requires separation based on any of these factors for a PNP member/officer with at least five (5) years accumulated active service: inefficiency from poor performance during the last two (2) successive annual rating periods; inefficiency from poor performance for three (3) cumulative annual rating periods; physical and/or mental incapacity to perform police functions; or failure to pass required entrance examinations twice and/or finish required career courses except for justifiable reasons.
Section 30 provides the benefits consequences: personnel dismissed under Sections 25, 26, 27, 28, and 29 shall be retired if they rendered at least twenty (20) years of service, and separated if they rendered less than twenty (20) years, unless disqualified by law to receive benefits.
Section 31 requires the Commission to establish within six (6) months a rationalized promotion system for uniformed and non-uniformed PNP personnel based on merits and availability of vacant positions in the staffing pattern, ensuring gender fairness and equal promotion opportunity for women.
Section 32 provides that any PNP personnel designated to a key position whose rank is lower than required becomes entitled to a rank adjustment after six (6) months occupying the same, with the restriction that the personnel shall not be reassigned to a position requiring a higher rank until after two (2) years from the rank adjustment; if the designated personnel lacks established minimum qualifications, they occupy the position temporarily for not more than six (6) months without reappointment or extension.
Section 33 amends Section 38 (a) and (b) of Republic Act No. 6975: a uniformed member is not eligible for promotion unless they pass the corresponding promotional examination by the Commission/Bar, complete appropriate accredited course in PNPA or equivalent, and pass required psychiatric/psychological and drug tests; promotion is barred during pendency of administrative and/or criminal case or unless cleared by the People’s Law Enforcement Board (PLEB) and the Office of the Ombudsman of complaints proffered.
Section 33 provides automatic promotional entitlement for acts of conspicuous courage and gallantry at risk of life above and beyond call of duty, provided such acts are validated by the Commission based on established criteria.
Section 34 amends Section 75 on retirement benefits: monthly retirement pay equals fifty percent (50%) of the base pay and longevity pay for twenty (20) years active service, increasing by two and one-half percent (2.5%) for each year beyond twenty (20) years, capped at ninety percent (90%) for thirty-six (36) years and over.
Section 34 grants an option to receive retirement pay in advance in lump sum for the first five (5) years; it requires that lump sum payment be made within six (6) months from the effectivity date of retirement and/or completion; it also provides that PNP officers/non-officers retirement pay is subject to adjustments based on prevailing base pay scale of police personnel in active service.
Section 35 amends Section 73 on permanent physical disability: an officer or non-officer permanently and totally disabled due to duty injuries or contracted sickness—certified by the National Police Commission and appropriate medical officer as rendering the member unfit—receives one year’s salary and lifetime pension equivalent to eighty percent (80%) of last salary, plus existing-law benefits.
Section 35 provides that if the disabled member dies within five (5) years from retirement, the surviving legal spouse or surviving dependent legitimate children receive the pension for the remainder of the guaranteed period.
Section 36 amends Section 36 of Republic Act No. 6975: uniformed PNP members are employees of the National Government drawing salaries from the National Government, with salary grade level equal to public school teachers; it allows PNP members assigned in Metropolitan Manila, chartered cities, and first-class municipalities to receive financial incentives from the concerned local government unit subject to fund availability.
Section 37 creates an early retirement program within three (3) years after effectivity: a PNP officer or noncommissioned officer may retire and be paid separation benefits corresponding to a position two (2) ranks higher, if conditions are met including: at least ten (10) years continuous government service; not scheduled for separation/retirement under attrition or separation for cause; no pending administrative or criminal case; at least three (3) more years before compulsory retirement age and at least one (1) year before maximum tenure.
Section 38 requires the Commission to formulate within one (1) year from effectivity a rationalized retirement and separation benefits schedule and program for Congress approval, with retroactive effect in favor of retired or separated PNP members from the time specified in the law, unless retirement/separation is for cause and the decision denies benefits.

Internal Affairs Service and automatic investigations

Section 39 creates an Internal Affairs Service (IAS) within the PNP that conducts proactive inspections and audits, investigates complaints and gathers evidence, conducts summary hearings for administrative charges, submits periodic reports on character and behavior, files criminal cases when evidence warrants and assists prosecution, and provides assistance to the Office of the Ombudsman.
Section 39 mandates that IAS conduct automatic, motu proprio investigations of: firearm discharge incidents; incidents with death, serious physical injury, or any human rights violation in police operations; evidence compromised/tampered with/obliterated/lost while in custody; incidents where a suspect in police custody is seriously injured; and incidents where established rules of engagement are violated.
Section 39 requires IAS to provide documents or recommendations regarding promotion or assignment to key positions.
Section 40 provides for IAS organization through national, regional, and provincial offices, headed by an Inspector General assisted by a Deputy Inspector General, with area offices headed by a Director and provincial offices headed by a Superintendent; it requires the head of IAS to be a civilian meeting the qualification requirements provided in the Act.
Section 41 provides that the Inspector General is appointed by the President upon recommendation of the Director General and endorsement by the Commission, and that the Inspector General appoints personnel for various positions based on a career pattern and criteria promulgated by the Commission.
Section 42 provides IAS entry is voluntary and subject to rigid screening allowing appointment only for PNP personnel with at least five (5) years law enforcement experience and no derogatory service records; it allows Bar members to enter laterally.
Section 43 provides initial appointments of heads of IAS offices are made by the President upon recommendation by the Commission; subsequent appointments and promotions follow established requirements and procedures.
Section 44 requires the Commission to establish an IAS promotion system following general promotion principles in the PNP.
Section 45 provides prohibitions: IAS personnel may not thereafter join any other unit of the PNP; IAS personnel may not sit in any committee deliberating appointment, promotion, or assignment of PNP personnel.
Section 46 provides IAS personnel may receive occupational specialty pay not exceeding fifty percent (50%) of basic pay, which does not constitute forfeiture of other remuneration and allowances; it also grants IAS members priorities in quota allocation for training and education.
Section 47 requires local IAS offices to maintain and update records within jurisdiction, transfer original records upon reassignment outside jurisdiction (with copies retained), and continue record jurisdiction by the last assigned Internal Affairs Office after relief without assignment until new assignment is given.
Section 48 mandates inclusion in IAS investigations of the immediate superior or supervisor of the personnel or units investigated to determine lapses in administration or supervision.
Section 49 provides that when IAS finds uniformed PNP personnel guilty of the cases listed in Section 39, and finds a superior negligent under Section 48, IAS must recommend dismissal or demotion automatically; it also provides that once final, IAS disciplinary recommendations cannot be revised, set-aside, or unduly delayed without just cause by the disciplining authority, and it makes any disciplining authority liable for gross neglect of duty for failure to act or abuse of discretion, with the erring disciplinary authority case submitted to the Director General for disposition.
Section 50 provides appeals processing: provincial inspector decisions are forwarded to the area internal affairs office within ten (10) working days for review; area decisions may be appealed to the national office through the Office of Inspector General; national IAS decisions are appealed to the National Appellate Board or court as appropriate; it preserves summary dismissal powers of the Director General and Regional Directors under Section 42 of Republic Act No. 6975 and states that existing jurisdiction over offenses under Republic Act No. 6975 is not affected.
Section 51 provides complaints against IAS personnel or offices are brought to the Inspector General’s Office or the Commission as may be appropriate.

Disciplinary mechanisms and citizen complaints

Section 52 amends Section 41 of Republic Act No. 6975 by setting where citizens’ complaints against PNP members must be brought, depending on the penalty: Chiefs of Police for punishments not exceeding fifteen (15) days; Mayors for punishments of not less than sixteen (16) days but not exceeding thirty (30) days; the PLEB for punishments exceeding thirty (30) days or for dismissal.
Section 52 mandates that the Commission provide in implementing rules and regulations a scale of penalties for PNP members under citizen complaint processing.
Section 52 establishes internal discipline powers for minor offenses involving internal discipline committed by regular members, after due notice and summary hearing: Chiefs may impose admonition/reprimand, restriction, withholding of privileges, forfeiture of salary, or suspension or combinations totaling not more than fifteen (15) days; provincial directors may impose sanctions totaling not more than thirty (30) days; police regional directors may impose dismissal and other administrative penalties totaling not more than sixty (60) days; and the Chief of PNP may impose dismissal and/or suspension/forfeiture or combinations totaling not more than one hundred eighty (180) days, and may place police personnel under restrictive custody during pendency of a grave administrative case or even after filing of a grave criminal complaint.
Section 52 provides exclusive jurisdiction: a complaint or charge filed against a PNP member is heard and decided exclusively by the disciplining authority with original jurisdiction notwithstanding concurrent jurisdiction, and charges carrying higher penalties are referred to the appropriate authority having jurisdiction over the offense.
Section 52 defines “minor offense” as an act or omission not involving moral turpitude but affecting internal discipline and includes simple misconduct or negligence; insubordination; frequent absences and tardiness; habitual drunkenness; gambling prohibited by law.
Section 52 provides a forum-shopping prohibition for police administrative complaints: when an administrative complaint is filed with a police disciplinary authority such as the PLEB, no other case involving the same cause of action may be filed with any other disciplinary authority.
Section 52 mandates a sworn certification/undertaking in the complaint by the complainant or party seeking relief, including truth of no prior filing in other disciplinary forums, absence of pending cases in other authorities to the best of knowledge, reporting status if any, and undertaking to report within five (5) days if a similar action is filed or pending before any other disciplinary authority.
Section 53 amends Section 42 to authorize summary dismissal powers after due notice and summary hearings by the Commission, Chief of PNP, and PNP regional directors in cases where: the charge is serious with strong evidence of guilt; the respondent is a recidivist or repeatedly charged with reasonable grounds to believe guilt; or the respondent is guilty of a serious offense involving conduct unbecoming.
Section 53 provides immediate dismissal for AWOL: any PNP member who goes on absence without official leave (AWOL) for a continuous period of thirty (30) days or more