Policy and declared purpose
- Executive Order No. 297 establishes that PNP uniforms, insignias and other accoutrements symbolize a discipline and an image that reflect the character of the Philippine National Police and every policeman.
- Executive Order No. 297 recognizes that the use or wearing of these items projects a distinctive identity establishing recognition exclusive to the policeman and the PNP.
- Executive Order No. 297 addresses the risk that these items are easily available from manufacturers and sellers, including persons who may misuse them for personal gain, unlawful purposes, or designs to degrade the policeman and the PNP.
- Executive Order No. 297 imposes regulation to ensure that manufacture, sale, distribution and use of PNP uniforms and related accoutrements are controlled to protect exclusivity for uniformed PNP personnel.
Legal basis and related penal frameworks
- Executive Order No. 297 acknowledges that Article 179 of Republic Act No. 3815 (the Revised Penal Code) penalizes the public and improper use of insignia, uniforms, or dress pertaining to an office or class not held by the offender; it focuses on improper use rather than illegal manufacture and distribution.
- Executive Order No. 297 acknowledges that Republic Act No. 493 prohibits the wearing, use, manufacture and sale of Armed Forces or Constabulary insignias, decorations, medals, badges, patches, and identification cards; it does not cover the Philippine National Police.
- Executive Order No. 297 concludes that existing laws do not govern and regulate the manufacture, sale, distribution and use of PNP uniforms, insignias, and other accoutrements, prompting the issuance of this regulation.
Coverage and who must comply
- Executive Order No. 297 prohibits unauthorized manufacture, sale and distribution of PNP uniforms, insignias and other accoutrements by establishments, plants, and offices engaged in those activities without authorization.
- Executive Order No. 297 prohibits use of PNP uniforms, insignias and other accoutrements by any person who is not a member of the uniformed Philippine National Police personnel.
- Executive Order No. 297 directs the Philippine National Police to adopt uniforms, insignias and other accoutrements for exclusive use by its uniformed personnel.
- Executive Order No. 297 limits manufacturing, selling, and distribution of the regulated items to persons and entities accredited by the PNP and the National Historical Institute.
Standards, inspection, and accreditation
- Executive Order No. 297 requires the PNP to use its own uniforms, insignias and other accoutrements for exclusive use of uniformed personnel.
- Executive Order No. 297 requires that uniforms and other items be subject to inspection and acceptance procedures of the Philippine National Police.
- Executive Order No. 297 requires that each design and specification must be approved by the PNP Uniform and Equipment Standardization Board (UESB).
- Executive Order No. 297 authorizes only those accredited by the PNP and the National Historical Institute to manufacture, sell or distribute the uniforms and other items under PNP standards.
Core prohibitions and enforcement
- Section 1 prohibits the unauthorized manufacture, sale and distribution of PNP uniforms, insignias and other accoutrements.
- Section 1 requires that any violation be addressed after due notice and hearing, and authorizes immediate closure of the establishment, plant and/or office where uniforms and related items are manufactured, stored, sold and/or distributed.
- Section 1 authorizes administrative consequences including cancellation of its business license or permit and condemnation, seizure and forfeiture of all paraphernalia used or intended to be used in manufacture, sale and/or distribution.
- Section 1 authorizes reasonable administrative fines, without prejudice to filing of administrative, civil and/or criminal actions.
- Section 2 prohibits the use of PNP uniforms, insignias and other accoutrements by any person who is not a uniformed member of the Philippine National Police.
- Section 2 requires that violations be addressed after due notice and hearing and penalized by public censure published at least once in a newspaper of general circulation.
- Section 2 preserves the right to file administrative, civil and/or criminal actions without prejudice to the public censure penalty.
Implementing rules, repeal, and order of enforcement
- Section 4 directs the Chief, Philippine National Police to issue rules and regulations for the effective implementation of Executive Order No. 297.
- Section 5 repeals or modifies inconsistent orders, issuances, rules and regulations or parts thereof in accordance with Executive Order No. 297.
- Executive Order No. 297 makes enforcement depend on due notice and hearing for both closure-related sanctions (Section 1) and public-censure penalties (Section 2).