Law Summary
Creation and Composition of the Police Commission
- Police Commission created under the Office of the President
- Composed of a chairman and two members, appointed by the President with Commission on Appointments' consent
- Terms: 7 years, non-renewable; initial staggered terms 7, 5, and 3 years
- Members must be Philippine Bar members with 10 years police experience or degree holders in police administration/criminology with 10 years experience
- Director of NBI and Chief of Philippine Constabulary as ex-officio, non-voting members
- Chairman receives ₱20,000 annual salary; members ₱18,000
- Chairman serves as executive officer; succession details provided
- Commission members barred from practicing profession or controlling businesses affected by their office
- Financial interests in government contracts prohibited
Powers and Duties of the Police Commission
- Advise the President on local police administration
- Continuous examination and audit of local police performance and facilities
- Prepare police manual for recruitment, selection, promotion, and operation
- Conduct surveys and compile statistics on police efficiency
- Recommend legislation to clarify jurisdiction among police agencies
- Recommend placing local police under Philippine Constabulary control after investigation
- Approve appointments of confidential, security, special agents and informers
- Study feasibility of a national civilian police agency
- Organize police training programs and operate academies
- Establish Uniform Crime Reports system
- Recommend crime prevention programs annually
- Recommend release of appropriated funds with Secretary of Finance's consultation
- Submit annual report to President and Congress on activities, conditions, and recommendations
- Prescribe minimum standard arms, uniforms, ranks, awards after consulting Philippine Heraldry Commission
Staff of the Commission
- Commission authorized to organize staff
- May call on qualified government law enforcement experts with presidential approval
City or Municipal Police Force Structure
- Each city/municipality shall have a chief of police and policemen number set by municipal board/council
- Compensation fixed by local council
- Local government to provide necessary police equipment conforming to Commission standards
- Chief of Police custodian of police equipment; individual accountability for issued equipment
Duties of Peace Officers
- All local police members are peace officers
- Duties: preserve peace, prevent crimes, protect life, liberty, property, arrest violators
- Exercise lawful powers of arrest, search, seizure
- Detain arrested persons within legal periods
Appointment and Qualification Procedures
- Appointment by mayor from Civil Service Commission certified eligibles; city council role preserved where applicable
- Probationary period of 6 months with evaluation
- President retains power to appoint chiefs in some cities until end of 1967
- Disputes on appointments resolved by Police Commission
- Appointment bans on special/confidential agents around election periods
General Qualifications for Police Appointments
- Filipino citizen; good moral character; sound mind and body
- Minimum education: high school for municipalities; at least two years college for provinces/cities
- No criminal record or dishonorable military/civil service discharge
- Age 23 to 33; minimum height and weight requirements specified
- Five years satisfactory police service without civil service eligibility considered as eligible
Minimum Qualifications for Chief of Police
- City chief: bachelor’s degree plus AFP/NBI experience or police chief experience or officer rank; or high school grad with 8 years AFP officer experience
- Municipal chief: bachelor’s degree or high school grad with local police or AFP officer experience
- Provisional appointments allowed for lack of eligible with limitations
Permanent and Temporary Appointments
- Permanent appointments require passing Civil Service or police exams
- Preference to candidates trained abroad or Philippine Constabulary/NBI or with military instruction
- Provisional appointments allowed where no eligibles available, with conditions
Promotion Rules
- Promotions made by local chief executive with consultation of police chief based on Civil Service exam results
Civil Service Examinations
- Civil Service Commission conducts exams for all police ranks at least biennially
- Bar exam considered as Civil Service exam for police appointment
- Exams for technical/criminalistics posts also conducted
Removal and Suspension of Police Members
- Suspension/removal requires written sworn complaint for cause (misconduct, incompetency, dishonesty, etc.)
Board of Investigators
- Composed of city/municipal treasurer (chair), provincial commander representative, elected councilor
- Investigates charges, conducts public hearings, submit findings to Police Commission
- Commission decision final within set timeframe
- Disciplinary jurisdiction for minor offenses vested in police chief
- Investigates benefit claims related to police service
Suspension Procedures
- Mayors may suspend police members on sworn charges pending investigation with preventive suspension limit of 60 days
- Suspension wages paid if exonerated
- Mandatory suspension upon being charged in court with felony or law violation; reinstatement if acquitted
- Trial of police cases prioritized
Filling Vacancies
- Mayor to fill police vacancies by law
- Deputy chief assumes chief duties temporarily if office vacant
Police Ranks and Positions
- Existing police ranks maintained for uniformity and discipline
- Incumbents with permanent status protected
Police Strength Requirements
- Minimum police numbers proportionate to population (1 per 1,000 inhabitants)
- Minimum numbers prescribed depending on municipality class
Salaries
- Minimum police salaries fixed according to municipality/city classification
- Salary differentials of at least ₱20/month between ranks
- No salary decrease by effect of Act
- National government subsidizes half of minimum police salaries
- Salaries for excess policemen borne by local government
Death and Disability Benefits
- Full pay and benefits during disability due to duty-related injury or sickness
- Medical and necessary expenses covered
- Lump sum gratuity from ₱100 to ₱2,000 based on merit
- Insurance premiums paid by government
- Death benefits include one year’s salary, burial expenses
- Permanent disability entitles member to gratuity and 80% lifetime pension
- Appeals possible for disability certification
- Benefits protected from attachment, levy, execution, and taxation
- Claims do not prescribe
Appropriations
- ₱20 million initial appropriation for police compensation, benefits, scholarships, and Commission operation
- Max 2% of appropriations for staff salaries
- Annual appropriations thereafter
Prohibition on Police as Security Guards During Election Periods
- Prohibited to act as bodyguards/security guards within 2 months before and 1 month after elections without COMELEC authorization
Penal Provisions
- Interference with police functions or Board of Investigators punished by imprisonment (3 months to 1 year) and fine (up to ₱1,000)
Repealing and Saving Clauses
- Previous inconsistent laws and orders repealed or modified
- Pending administrative cases absorbed by Police Commission within 100 days
Separability and Effectivity
- Invalidity of any provision does not affect others
- Act effective upon approval