Regulation of Dentistry, Hygiene, and Technology

Law Summary

Role of the PNP in Counter-Insurgency

The Department of the Interior and Local Government (DILG) is relieved of primary responsibility for suppressing insurgency and serious national security threats.
The PNP supports the Armed Forces of the Philippines (AFP) in insurgency suppression through intelligence gathering and ordinary police work except when called by the President for combat support.
During national emergencies, PNP, Bureau of Fire Protection, and Bureau of Jail Management assist the AFP under the President's direction.

National Police Commission (NAPOLCOM): Creation, Composition, and Functions

NAPOLCOM is created for effective police administration and policy coordination, attached to DILG.
Composition: Chairperson (DILG Secretary, ex officio), four regular commissioners (three civilians from the private sector, one from law enforcement), and the Chief PNP as ex officio member. One commissioner must be a woman.
Powers include administrative control and operational supervision of the PNP, policy-making, auditing and performance standards, establishing crime reporting systems, overseeing education and training, disciplinary appellate functions, issuing subpoenas, inspecting manpower use, monitoring local chief executives, and investigating anomalies.
The Commission advises the President, submits annual reports to President and Congress, recommends crime prevention programs, and other functions as directed by the President.

Qualifications, Appointment, and Terms of Commissioners

Commissioners must be Filipino citizens, lawyers with at least 5 years in criminal/human rights law or holders of master’s/doctoral degrees in relevant fields.
The law enforcement commissioner must have at least five years practical experience.
Commissioners serve six-year terms without reappointment.
Upon the Act’s effectivity, existing commissioners’ terms expire, with limited exceptions.

Organizational Structure of NAPOLCOM

Commission Proper: offices of Chairman and four commissioners.
Staff Services include Planning and Research, Legal Affairs, Crime Prevention and Coordination, Personnel and Administrative, Inspection/Monitoring/Investigation, Installations and Logistics, and Financial Service.
Establishes Disciplinary Appellate Boards: National Appellate Board and regional appellate boards to handle disciplinary appeals.

Qualifications and Career Development for PNP Personnel

Regional Directors must be Filipino citizens with a master’s degree and civil service eligibility.
NAPOLCOM must establish a qualifications upgrading program for members, coordinated with Civil Service, Education, and Higher Education Commissions.

PNP Reorganization Authority

NAPOLCOM will conduct a management audit and submit a reorganization plan by end 1998 prioritizing police visibility and optimized community service delivery.
The reorganization requires Congressional approval.

PNP Appointment Qualifications and Waivers

Minimum qualifications for PNP officers and members include Filipino citizenship, good moral conduct, physical/mental health standards, formal baccalaureate degree, passing eligibility standards, no dishonorable discharge or conviction involving moral turpitude, height, weight, and age limits.
Current members have time to comply with educational and weight standards.
Waivers for age, height, weight, and education may be granted if recruitment targets are unmet, with conditions and deadlines for compliance and possible dismissal for failure.

Field Training and Advancement Criteria

All uniformed members must undergo a 12-month field training program involving patrol, traffic, and investigation for permanent appointment.
Elevated qualifications are required for Provincial Directors and chiefs of city and municipal police stations including advanced degrees or law practice.

Attrition and Promotion Systems

Attrition (separation or retirement) based on maximum tenure in key positions, relief without assignment, demotion, lack of promotion, poor performance, incapacity, or failure in professional exams.
Maximum tenures defined for key positions (e.g., Chief of PNP: 4 years; Regional Directors: 6 years; Provincial/City Directors: 9 years).
A rationalized, merit-based promotion system ensuring gender fairness will be established within six months.
Promotions require passing exams, completing career courses, and clearance from administrative/criminal cases.
Acts of conspicuous courage may warrant promotion.

Salary and Benefits Upgrading

Retirement pay starts at 50% of base pay and longevity pay after 20 years, increasing to 90% for 36+ years, with options for lump sum payment.
Permanent physical disability in line of duty grants one-year salary plus 80% lifetime pension.
PNP members are national government employees with salaries comparable to public school teachers.
An early retirement program allows eligible officers to retire with benefits based on a higher rank under specified conditions.

Internal Affairs Service (IAS)

Created to conduct inspections, investigate complaints, conduct summary hearings, submit periodic character assessments, assist prosecutions, and ensure accountability.
Automatic investigations include incidents involving use of firearms, deaths, human rights violations, evidence tampering, and procedural violations.
IAS headed by a civilian Inspector General, with national, regional, and provincial offices.
Entry is voluntary, with strict qualifications; barred from transferring back to other PNP units.
IAS personnel receive specialty pay and training priorities.
Disciplinary recommendations of IAS are final unless just cause for delay or revision; disciplinary authorities may be held liable for inaction.

Disciplinary Mechanisms

Citizens can file complaints against PNP members. Disciplinary powers are tiered by offense gravity and imposing authority:
- Chiefs of police may impose penalties up to 15 days suspension/forfeiture.
- Provincial directors up to 30 days.
- Regional directors may dismiss and impose penalties up to 60 days.
- Chief of PNP may dismiss or suspend up to 180 days.
Exclusive jurisdiction for each disciplining authority is established to avoid forum shopping.
Summary dismissal powers exist for strong evidence of serious offenses, recidivism, or absence without official leave.
Appeals handled by National and regional disciplinary boards.
Courts may impose preventive suspension pending criminal cases under certain conditions.

Legal Assistance for PNP Members

Secretary of Justice, NAPOLCOM Chair, or Chief PNP may authorize government lawyers to assist PNP members legally related to official duties; private counsel may be provided when necessary.

Creation of Women's Desks and Gender Sensitivity Programs

Women's desks established in all police stations to handle crimes against women and children; compliance period set.
10% of annual recruitment quotas reserved for women priority for women's desk assignments for five years.
A gender sensitivity program formulated by the Commission including prevention of sexual harassment and prohibition against discrimination based on gender or sexual orientation.
Violations result in suspension and mandatory training; repeated violations may lead to demotion or dismissal.
Provisions do not restrict policewomen’s assignments or promotions.

Participation of Local Government Executives in PNP Administration

Local government executives have operational supervision of local police functions including deployment and employment within their jurisdiction.
Mayors may select, approve, and recommend chiefs of police, PNP members’ transfers, and new appointments within their areas.
Governors and mayors are automatically deputies of the Commission for inspection and audit functions.
Grounds for suspension/withdrawal of deputation include abuse of authority, supporting criminals, and acts undermining peace.

Strengthening People's Law Enforcement Board (PLEB)

PLEBs created to receive citizen complaints and refer them to proper authorities within three days.
Composed of community members including women and lawyers, with fixed terms and compensation.
LGUs must budget for PLEB operations; failure to establish PLEB may lead to withholding of national tax shares.
PLEB can request preventive suspension of erring police officers; superior officers failing to act may be liable.

Transitory and Final Provisions

Reorganization, civilianization of PNP, and devolution of police functions to local units to be implemented within three years.
Commission to promulgate implementing rules and regulations; appropriation included in the General Appropriations Act.
Inconsistent laws, decrees, and orders are repealed or amended accordingly.
Constitutional severability clause provided; effectivity upon publication in three newspapers.