PNP Reform and Reorganization Act

Counter-insurgency relationship with AFP

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

National Police Commission—creation and composition

Section 4 creates the National Police Commission (“Commission”) to effectively discharge functions prescribed in the Constitution and this Act, and attaches it to the Department for policy and program coordination.
Section 4 sets the Commission composition as: a Chairperson, four (4) regular Commissioners, and the Chief of PNP as ex officio member.
Section 4 requires that three (3) of the regular Commissioners come from the civilian sector who are neither active nor former police or military; one civilian Commissioner is designated as vice chairperson by the President.
Section 4 provides that the fourth regular Commissioner comes from the law enforcement sector (active or retired), and an active law enforcement member is considered resigned from the law enforcement agency upon appointment to the Commission.
Section 4 requires that at least one (1) Commissioner shall be a woman.
Section 4 makes the Secretary of the Department the ex officio chairperson and makes the vice chairperson the executive officer.

Commission powers, functions, and reporting

Section 5 authorizes the Commission to exercise administrative control and operational supervision over the PNP, meaning it has the power to develop police policies and promulgate a police manual prescribing rules for efficient organization, administration, and operation.
Section 5 empowers the Commission to include within its police manual provisions on criteria for manpower allocation, distribution and deployment, recruitment, selection, promotion and retirement, and the conduct of qualifying entrance and promotional examinations for uniformed members.
Section 5 requires the Commission to examine and audit and then establish continuing standards for performance, activities, and facilities of all police agencies.
Section 5 directs the Commission to establish a system of uniform crime reporting, conduct an annual self-report survey, and compile statistical data for accurate assessment of the crime situation and evaluation of PNP efficiency and effectiveness.
Section 5 empowers the Commission to approve or modify education and training plans and programs, 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 requires the Commission to prescribe minimum standards for arms, equipment, and uniforms, and—after consultation with the Philippine Heraldry Commission—for insignia of ranks, awards, and medals of honor, with revision of uniform standards within ninety (90) days from effectivity to be clearly distinct from the military and reflective of the PNP’s civilian character.
Section 5 authorizes issuance of subpoena and subpoena duces tecum in matters within the Commission’s powers and designation of personnel to issue processes and administer oaths.
Section 5 mandates the Commission to inspect and assess compliance on manpower allocation, distribution, and deployment, formulate guidelines for maximizing resources and effective utilization of PNP personnel, and monitor performance of local chief executives as deputies of the Commission.
Section 5 requires monitoring and investigation of police anomalies and irregularities and provides that the Commission advises the President on all police functions and administration.
Section 5 requires the Commission to submit an annual report to the President and Congress during the thirty (30) days after the end of the calendar year, including appraisal of conditions 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 authorizes the Commission to perform other functions necessary to carry out the Act and as the President directs.

Commissioners—qualifications and fixed tenure

Section 6 prohibits appointment of any regular Commission member unless the person is a citizen of the Philippines.
Section 6 requires that regular Commissioners have either: membership in the Philippine Bar with at least five (5) years experience handling criminal or human rights cases, or possession of a master’s degree (preferably a doctorate) in public administration, sociology, criminology, criminal justice, law enforcement, and related disciplines.
Section 6 requires the law enforcement-sector Commissioner to have practical law enforcement experience of at least five (5) years.
Section 6 requires the three civilian 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 peace and order promotion.
Section 7 fixes the term of office of four (4) regular fulltime Commissioners as six (6) years, appointed by the President, without re-appointment or extension.
Section 8 provides that upon effectivity, the terms of current Commissioners are deemed expired, barring reappointment or extension, except for current Commissioners who served less than two (2) years, who may be appointed by the President for a maximum of two (2) years.
Section 9 provides that when the chairperson is temporarily incapacitated, the vice chair serves as chair until the chairperson regains capacity; upon death or permanent incapacity or disqualification, the acting chairperson serves until a new chairperson is appointed and qualified.

Qualifications upgrading and IAS capacity

Section 12 requires the Commission to design and establish a qualifications upgrading program for Commission members in coordination with the Civil Service Commission, Department of Education, Culture and Sports, and Commission on Higher Education, using a distance education and/or in-service education program or similar programs within ninety (90) days from effectivity.
Section 12 gives those already in service as of effectivity five (5) years to obtain the required degree or qualification, counted from implementation of the qualifications upgrading program.

PNP reorganization plan submission

Section 13 directs the Commission, notwithstanding RA 6975’s organizational structure and rank classification, to conduct a management audit and submit to Congress a proposed PNP reorganization plan not later than December 31, 1998.
Section 13 limits the plan by criteria requiring increased police visibility through dispersal from headquarters to field offices and appointment/assignment of non-uniformed personnel to purely administrative, technical, clerical, or menial positions and other positions not directly related to police operation.
Section 13 requires the plan to ensure efficient and optimized delivery of police services to communities.
Section 13 provides that the PNP reorganization program is approved by Congress through a joint resolution.

PNP entry requirements and waivers

Section 14 amends Section 30 of RA 6975 and requires that no person be appointed as an officer or member of the PNP unless the person is: a citizen, of good moral conduct, and has passed psychiatric/psychological, drug, and physical tests administered by the PNP or a NAPOLCOM accredited government hospital for physical and mental health determination.
Section 14 requires a formal baccalaureate degree from a recognized institution of learning.
Section 14 requires eligibility according to standards set by the Commission.
Section 14 bars appointment for dishonorably discharged persons from military employment or dismissed for cause from any civilian government position.
Section 14 bars appointment for persons convicted by final judgment of an offense or crime involving moral turpitude.
Section 14 imposes minimum height requirements: 1.62 m. for male and 1.57 m. for female.
Section 14 imposes a weight requirement of not more or less than five kilograms (5 kgs.) from the standard weight corresponding to height, age, and sex.
Section 14 imposes an age requirement for new applicants: not less than twenty-one (21) nor more than thirty (30) years of age; it provides that the other enumerated qualifications are continuing in character and their absence at any time is a ground for separation or retirement.
Section 14 provides that PNP members already in service upon effectivity are given at least two (2) more years to obtain the minimum educational qualification and one (1) year to satisfy the weight requirement.
Section 14 requires the PNP (by itself or via a NAPOLCOM accredited government hospital) to conduct regular psychiatric, psychological, drug, and physical tests randomly and without notice to determine physical and mental health and non-use of prohibited drugs.
Section 14 requires separation for current members who fail to satisfy any enumerated requirements after the satisfaction period if they are below fifty (50) years and served in Government for less than twenty (20) years, or retirement if fifty (50) and above and served in Government for at least twenty (20) years, with benefits under existing laws preserved.
Section 15 allows waivers for initial appointments only when the number of qualified applicants falls below the minimum annual quota, but an applicant cannot be below twenty (20) or over thirty-five (35) years of age.
Section 15 requires that applicants not meeting the weight requirement be given reasonable time but not exceeding six (6) months to comply.
Section 15 limits waiver eligibility to applicants who have finished second year college or earned at least seventy-two (72) collegiate units leading to a bachelor’s degree.
Section 15 requires that a person entering without a baccalaureate degree be given a maximum of four (4) years to obtain the required educational qualification.
Section 15 provides automatic waiver of the height requirement for applicants belonging to cultural communities.
Section 16 sets waiver selection criteria: precedence to applicants with the least disqualification; waiver of entry requirements in this order: (a) age, (b) height, (c) weight, and (d) education; and requires the Commission to promulgate rules for other waiver situations.
Section 17 provides that uniformed personnel admitted due to waiver of educational or weight requirements receive a temporary appointment pending satisfaction of the waived requirement, and failure to satisfy within the specified time periods under Section 13 results in dismissal from service.
Section 18 provides that a dismissed PNP member under a waiver program may re-apply for appointment, provided the person has minimum qualifications under Section 14 and the reappointment is not by virtue of another waiver program.
Section 19 requires all uniformed members to undergo a Field Training Program for twelve (12) months involving actual experience and assignment in patrol, traffic, and investigation as a requirement for permanency.

Promotion system and retirement benefits

Section 31 requires the Commission, within six (6) months from effectivity, to establish a rationalized promotion system for uniformed and non-uniformed PNP personnel based on merits and availability of vacant positions in the PNP staffing pattern, and to ensure gender fairness and equal opportunity for women.
Section 32 provides that PNP personnel designated to a key position with a rank lower than required are entitled to a rank adjustment after six (6) months occupying the same position, but they cannot be reassigned to a position requiring a higher rank until after two (2) years from the rank adjustment date.
Section 32 provides that if a designated personnel does not possess established minimum qualifications for the key position, the personnel may occupy the position temporarily for not more than six (6) months without reappointment or extension.
Section 33 amends Section 38 of RA 6975 and provides that uniformed members are not eligible for promotion unless they have: passed the corresponding promotional examination, completed appropriate and accredited course in PNPA or equivalent training, passed required psychiatric/psychological and drug tests, and are not in the pendency of administrative/criminal cases or without clearance by the PLEB and the Office of the Ombudsman of complaints.
Section 33 mandates promotion to the next higher rank for acts of conspicuous courage and gallantry above and beyond the call of duty, subject to validation by the Commission based on established criteria.
Section 34 amends Section 75 of RA 6975 by setting monthly retirement pay at 50% of base pay and longevity pay for those with twenty (20) years of active service, increasing by 2.5% for every year beyond twenty (20) years up to a maximum of 90% for thirty-six (36) years and over.
Section 34 grants a option to receive retirement pay in advance and in lump sum for the first five (5) years, with lump sum payment made within six (6) months from effectivity of retirement and/or completion; retirement pay is subject to adjustments based on prevailing base pay scale of police personnel in active service.
Section 35 amends Section 73 of RA 6975 and provides that officers or non-officers permanently and totally disabled as a result of injuries or sickness in the performance of duty, as certified by the appropriate medical officer and the National Police Commission, receive one year's salary and a lifetime pension equivalent to 80% of last salary, plus other benefits under existing laws.
Section 35 provides survivorship: if the disabled member dies within five (5) years from retirement, the surviving legal spouse or dependent legitimate children receive pension for the remainder of the guaranteed five (5) years.
Section 36 amends Section 36 of RA 6975 and declares uniformed PNP members are employees of the National Government and draw salaries from it, with the same salary grade level as public school teachers; PNP members assigned in Metropolitan Manila, chartered cities, and first class municipalities may receive financial incentives from the relevant LGU subject to available funds.
Section 37 amends early retirement by allowing PNP officers/noncommissioned officers to retire within three (3) years after effectivity and be paid separation benefits corresponding to a position two (2) ranks higher, if they meet conditions including: at least ten (10) years of continuous government service, not scheduled for separation/retirement due to attrition system or separation for cause, no pending administrative or criminal case, and having at least three (3) more years before compulsory retirement age and at least one (1) year before maximum tenure in position.
Section 38 requires the Commission to formulate a rationalized retirement and separation benefits schedule and program within one (1) year for Congress approval, and provides that the approved schedule and program has retroactive effect in favor of PNP members and officers retired or separated from the time specified in the law, unless the retirement/separation is for cause and the decision denies benefits.

Internal Affairs Service—creation and automatic investigations

Section 39 creates an Internal Affairs Service (IAS) of the PNP which must conduct proactive inspections and audits, investigate complaints and gather evidence, conduct summary hearings on administrative charges, submit periodic character and behavior assessments to the Chief PNP and the Commission, file appropriate criminal cases when evidence warrants, and assist the Office of the Ombudsman.
Section 39 requires IAS automatic, motu proprio investigation of incidents involving: firearm discharge by police personnel; death, serious physical injury, or any human rights violation in police operations; evidence compromised/tampered with/obliterated/lost in custody of police personnel; serious injury to a suspect in custody; and violations of established rules of engagement.
Section 39 requires IAS to provide documents or recommendations regarding promotion and assignment to key positions.
Section 40 provides that the IAS has 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.
Section 40 requires the head of the IAS to be a civilian meeting qualification requirements.
Section 41 requires the Inspector General to be appointed by the President upon recommendation of the Director General and endorsement by the Commission; it assigns appointment of personnel to positions to the Inspector General using career patterns and criteria promulgated by the Commission.
Section 42 provides that entry into IAS is voluntary, subject to rigid screening, and requires at least five (5) years experience in law enforcement and no derogatory service records; members of the Bar may enter laterally.
Section 43 provides that initial appointments of heads of IAS offices are made by the President upon recommendation by the Commission, and subsequent appointments and promotions follow established requirements and procedures.
Section 44 requires the Commission to establish an IAS promotion system consistent with PNP promotion principles.
Section 45 prohibits IAS personnel from joining any other PNP unit thereafter and prohibits IAS personnel from sitting in committees deliberating on PNP personnel appointment, promotion, or assignment.
Section 46 provides that IAS personnel receive occupational specialty pay not exceeding 50% of basic pay, which does not forfeit other remuneration and allowances authorized under existing laws, and grants priorities in quota allocation for training and education.
Section 47 requires local IAS offices to maintain and update records; it requires transfer of original records upon reassignment/transfer outside jurisdiction, with copies retained by the original office, and provides jurisdiction rules where an assigned last office retains jurisdiction when a person was relieved and has not received a new assignment.
Section 48 requires automatic inclusion of the immediate superior or supervisor of investigated personnel/units in investigations to determine administration or supervision lapses.
Section 49 mandates IAS recommendations: it requires automatic recommendation of dismissal or demotion for uniformed personnel found guilty of Section 39 cases and automatic recommendation regarding negligent immediate superior/supervisor under Section 48; it also requires final IAS recommendations not to be revised, set aside, or unduly delayed without just cause, and makes a disciplining authority liable for gross neglect of duty for failure to act or abuse of discretion, with the matter submitted to the Director General for disposition.
Section 50 sets IAS appeals: provincial inspectors’ decisions are forwarded for review to the area office within ten (10) working days; area decisions may be appealed to the national office via the Office of Inspector General; national IAS decisions may be appealed to the National Appellate Board or court as appropriate, while preserving Director General and regional directors’ summary dismissal powers and without affecting existing jurisdiction over offenses under RA 6975.
Section 51 provides that complaints against IAS personnel or office must be brought to the Inspector General’s Office or the Commission as appropriate.

Discipline—citizen complaints and summary dismissal

Section 52 amends Section 41 of RA 6975 and provides the forum for citizen complaints against PNP members depending on punishable sanctions and periods, including: Chiefs of Police for penalties not exceeding fifteen (15) days; city and municipal Mayors for penalties of at least sixteen (16) days but not exceeding thirty (30) days; PLEB for penalties exceeding thirty (30) days or dismissal.
Section 52 requires the Commission to provide in implementing rules a scale of penalties for PNP members for complaints filed under this Section.
Section 52 provides internal discipline mechanisms for minor offenses with summary hearings and notice, including: chiefs or equivalent supervisors may impose admonition/reprimand, restriction, withholding of privileges, forfeiture of salary, suspension, or combinations not exceeding fifteen (15) days; provincial directors or equivalent supervisors may impose similar punishments plus restrictive custody not exceeding thirty (30) days; police regional directors may impose dismissal or combinations not exceeding sixty (60) days; and the Chief of PNP may impose dismissal and/or suspension or forfeiture for up to one hundred eighty (180) days, with authority to place police personnel under restrictive custody during the pendency of a grave administrative case or even after filing a grave criminal complaint.
Section 52 defines “minor offense” as an act or omission not involving moral turpitude but affecting internal discipline, including simple misconduct or negligence, insubordination, frequent absences and tardiness, habitual drunkenness, and gambling prohibited by law.
Section 52 prohibits forum shopping: when an administrative complaint is filed with a police disciplinary authority (including PLEB), no other case involving the same cause of action may be filed with any other disciplinary authority.
Section 52 requires a sworn certification/undertaking stating no prior action in other forums, no pending action elsewhere, status if any, and a duty to report within five (5) days if a similar action is filed or pending before another disciplinary authority.
Section 53 amends Section 42 of RA 6975 and authorizes the National Police Commission, the Chief of PNP, and PNP regional directors, after due notice and summary hearings, to immediately remove or dismiss respondents when: the charge is serious and evidence of guilt is strong; 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 of a police officer.
Section 53 requires immediate dismissal for continuous AWOL for thirty (30) days or more, with investigation of activities/whereabouts and prosecution if a crime is found.
Section 54 amends Section 44 of RA 6975 and provides that the National Appellate Board and regional appellate boards form the formal PNP disciplinary appellate machinery.
Section 54 requires the National Appellate Board to have four (4) regular commissioners chaired by the executive officer and to consider appeals from decisions of the Chief of PNP.
Section 54 authorizes the National Appellate Board to hold hearings in Metropolitan Manila or any part of the country.
Section 54 provides for at least one (1) regional appellate board per administrative region, composed of a senior officer of the regional Commission as Chairman and one representative each from PNP and the regional peace and order council, to consider appeals from decisions of regional directors, other officials, mayors, and the PLEBs, and allows the Commission to create additional boards as needed.
Section 55 amends Section 47 of RA 6975 on preventive suspension: upon filing of a complaint/information sufficient in form and substance for grave felonies punishable by six (6) years and one (1) day or more, the court must immediately suspend the accused from office for not more than ninety (90) days from arraignment.
Section 55 allows preventive suspension even for charges punishable by lower penalties when evidence shows the accused is harassing complainant and/or witnesses.
Section 55 limits preventive suspension to not more than ninety (90) days, except when delay is due to fault, negligence, or petitions of the respondent, and permits earlier lifting by the court upon recommendation of the Chief PNP in exigency of service; it also provides continuous trial and termination within ninety (90) days from arraignment.
Section 56 amends Section 49 of RA 6975 and provides legal assistance authorization by the Secretary of Justice, Commission Chair, or Chief PNP to lawyers of their agencies for charges arising from incidents related to official duty; authorized government lawyers may administer oaths; private counsel may be provided at Government expense when necessary as determined by the Commission; it requires joint promulgation of implementing rules by the Secretary of Justice, Chairman of the Commission, and Chief of PNP.

Women’s Desks and gender sensitivity requirements

Section 57 requires the PNP to establish women’s desks in all police stations nationwide to administer and attend to cases involving crimes against chastity, sexual harassment, abuses against women and children, and similar offenses.
Section 57 grants municipalities and cities without policewomen two (2) years from effectivity to comply.
Section 58 requires prioritization of the recruitment and training of women for women’s desks within the next five (5) years.
Section 58 reserves ten percent (10%) of PNP annual recruitment, training, and education quota for women.
Section 59 requires the Commission to formulate a gender sensitivity program within ninety (90) days from effectivity, including equal opportunities for women in the PNP, prevention of sexual harassment in the workplace, and prohibition of discrimination based on gender or sexual orientation.
Section 60 imposes administrative liability for violations: suspension without pay for not less than thirty (30) days and attendance in a gender sensitivity seminar or training.
Section 60 requires recommendation for demotion or dismissal for personnel who violate the rules more than twice.
Section 61 states the title does not restrict assignment of policewomen to other positions and does not bar promotion of female PNP personnel to higher positions.

Local government executives and PNP administration

Section 62 amends RA 6975 by defining operational supervision and control as directing, superintending, and overseeing the day-to-day functions of police investigation, crime prevention activities, and traffic control in accordance with Commission rules.
Section 62 further defines operational supervision and control to include directing the employment and deployment of P