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CHAPTER II

DILG AND NAPOLCOM ORGANIZATION AND FUNCTION

A. Organization of the DILG

The Department of the Interior and Local Government is organized under RA 6975 consist
of the following:

1. Department proper
2. Existing bureaus and offices of the DILG
3. Philippine Public Safety College
4. National Police Commission
5. Philippine National Police
6. Bureau of Fire Protection
7. Bureau of Jail Management and Penology

Department proper consist:


a. Office of the Under Secretary of Local Government
b. Office of the Under Secretary of Peace and Order
B. Specific functions and powers of the Secretary:
1. Prepareand submit periodic reports, including a
quarterly anti crime operation reports and such
other reports as the president and congress may
require.

2. Act as Chairman and Presiding officer of


NAPOLCOM.

3. Delegate authority to exercise any substantive or


administrative function to the members of NAPOLCOM
or other officers of rank within the department.
C. PNP functions in Counter-Insurgency:
1. Information gathering
2. Performs its ordinary Police function
3. Support the AFP on matters involving
suppression of insurgency.
4. To support the AFP n combat operations upon
call of the President.
5. Assist the AFP in times of national emergency
by the PNP, BJMP and BFP upon direction of the
president.
D. Relationship between the AFP and PNP on matters involving the suppression of
n insurgency and serious threat to national security.
1. The AFP in exercise of its primary responsibility on matters involving the
suppression of insurgency and other serious commander.
2. The PNP shall enforce laws and ordinances and perform statutory functions.
3. The AFP shall be primarily responsible for the integrated territorial defense
system, while the PNP shall provide assistance to the AFP in insurgency-affected
areas.
4. The AFP and the PNP shall maintain close coordination between their
respective intelligence units through the existing joints intelligence committee
and shall continue providing each other intelligence information vital to the
accomplishment of their respective mission and functions, and
5. The AFP operating units shall initially conduct tactical interrogation of a
arrested, captured or surrendered insurgent, after which the latter shall be
turned over to the concerned PNP unit in the area within the prescribed
reglementary period together with the affidavit of arrest, medical certificate
and all evidence related thereto, for further dispositive action. The PNP may
continue launching intelligence projects and case operations targeting ranking
leaders of local insurgent movements. (Sec. 31 RA 8851)
NATIONAL POLICE COMMISSION

A. Creation and composition – (Organization)

RA 6975 as known as DILG law of 1990 creates the National Police Commission and is
composed of the following:
1. Chairperson
2. Four (4) regular Commissioners
3. Chief of the PNP as ex-officio member

The three (3) of the regular commissioner should come from the civilian sectors that
are either active or former member of the police or military.
One (1) who shall be designated as vice chairperson by the President.
And the fourth shall come from the law enforcement sector either active or retired.
At least one (1) of the commissioner shall be a woman.
The Secretary of the DILG shall be the Ex-officio chairperson of the commission.
(Sec.4,8551)
B. Powers and Function of the NAPOLCOM (Sec. 24, R.A. 6975):
1. Exercise administrative control and operational supervision over the PNP, which shall
mean the power to:
a. Develop policies and promulgate a police manual prescribing rules and regulations for
efficient organization, administration and operation including criteria for manpower
allocation, distribution and deployment, recruitment, selection, promotion and retirement
of personnel and the conduct of qualifying entrance and promotional examination of the
unformed members;
b. Examine and audit and thereafter establish the standards for such purposes on a
continuing basis. The performance, activities and facilities of all police agencies throughout
the country;
c. Establish a system of uniform crime reporting;
d. Conduct an annual self-report survey and compile statistical data for the accurate
assessment of the crime situation and the proper evaluation of the efficiency and
effectiveness of all police units in the country.
e. Approve or modify plans and programs on education and training, logistical requirements,
communications, records, information systems;
f. Affirm, reverse or modify through the National Appellate Board, personnel disciplinary
actions involving demotion or dismissal from the service imposed upon members of the PNP
by the chief of the PNP;
g. Exercise appellate jurisdiction through the regional appellate boards over
administrative cases against policemen and over decisions or claims for police
benefits;
h. Prescribe minimum standards for arms, equipment and uniform and other
consultation with the Philippine Heraldry Commission, for insignia of ranks, awards
and Medal of Honor. Within ninety (90) days from the effectively of this Act, the
standards of the uniformed personnel of the PNP must be revised which should be
clearly distinct from the military and reflective of the civilian character of the
police.
i. Issue subpoena and subpoena duces tecum in matters pertaining to the
discharge of its own powers and duties, and designated who among its personnel
can issue such processes and administer oath in connection therewith;
j. Inspect and assess the compliance of the PNP on the established criteria for
manpower allocation, distribution and deployment and their impact on the
community and the crime maximization of resources and effective utilization of
the PNP personnel;
k. Monitor the performance of the local chief executive as deputies of the
commission; and
l. Monitor and investigate police anomalies and irregularities
2. Advice the President on all matters involving police functions and
administration.
3. Render to the President and to congress an annual report on its activities and
accomplishments during the thirty (30) after the end of the calendar year, which
shall include an appraisal of the conditions obtaining in the organization and
administration of police agencies in the municipalities, cities and provinces
throughout the country and recommendations fro appropriate remedial legislation;
(Sec. 5, R.A. 8551)
The term of office of the four (4) regular and full-time commissioners is six (6)
years without reappointment or retention and shall be appointed by the president.
(Sec. 7, R.A. 8551)

Expiration of the Terms of Office of Current Commissioners:


The term of office of the current commissioners are deemed expired which
shall constitute a bar to their reappointed or an extension of their terms in the
commission except for current commissioner who have served less than two (2)
years of their office who may reappointed by the President for a maximum term of
two (2) years. (Sec. 8, R.A. 8551)
Temporary or Permanent Incapacity of the Chairperson:

In case of absence due to temporary incapacity of the chairperson, the vice


chairperson will served as chairperson until the chairperson present or regains
capacity to serve. In case of death or permanent incapacity or disqualification of the
chairperson, the acting chairperson shall also act as such until a new chairperson
shall be appointed by the president and qualified. (Sec. 9, R.A. 8551)
Members of the commission may be removed from office for cause.
All vacancies in the commission, except through expirations of term, shall be
filled up for the unexpired term only; Provided, that any personnel who shall
appointed in this case, shall be eligible for regular appointment for another full
term. (Sec. 18, R.A 6975)
Prohibitions – The chairperson and members of the commission shall not engage
in the practice of any profession, or interview directly or indirectly in the
management and control of any private enterprise. They shall not, directly or
indirectly, have any financial or material interest in any transaction requiring the
approval of their office. (Sec. 19, R.A. 6975)
C. Organizational Structure of NAPOLCOM:
The commission consists of the following units:
1. Commission Proper – is composed of the office of the chairman and four (4) commissioners.
2. Staff Service:
a. Planning and Research Services – provides technical services to the commission in areas of
overall policy formulation, strategic and operational planning, management system procedures,
evaluation and monitoring of the commission’s program, projects and internal operation and
shall conduct thorough research and analysis on social and economic conditions affecting peace
and order in the country.
b. Legal Service – Provides the commission with efficient and effectively services as legal
counsel of the commission; draft or study contracts affecting the commission and submit
appropriate recommendation pertaining thereto; and render legal opinions arising from the
administrative and operation of the PNP and the commission.
c. Crime Prevention and Coordination Services – shall undertake criminological researches and
studies; formulate a national crime prevention plan; develop a crime prevention and
information program and provide editorial for all criminology research and crime prevention
publication.
d. Personnel and Administrative Services – shall perform personnel functions for the commission,
administer the entrance and promotional examination for policemen, provide the necessary
services relating to record, correspondence, supplies, property and equipment, security and
general services, And the maintenance and utilization of facilities and development, personnel
transaction and employee welfare.
e. Inspection, Monitoring and Investigation service – shall conduct
continuous inspection and management audit of personnel,
facilities and operations at all levels of command of the PNP.
Monitor the implementation of the commission’s programs and
projects relative to law enforcement; and monitors and investigate
police anomalies and irregularities.
f. Installation and Logistical Service – reviews the commission’s
plans and programs formulate policies and procedures regarding
acquisition. Inventory control, distribution, maintenance and
disposal supplies and shall oversee. The implementation of
programs or transportation facilities and installation; and the
procurement and maintenance of supply and equipment; and
g. Finance Service – shall provide the commission with staff advice
assistance or budgetary and financial matters, including the
overseeing of the processing and disbursement of funds pertaining
to the scholarship program and surviving children of deceased and
permanent incapacitated PNP personnel.
3. Disciplinary Appellate Boards:
The commission shall establish formal
administrative disciplinary machinery consisting of:
a. National Appellate Board – shall decide cases on
appeal from the decisions rendered by the chief of
the PNP.
b. Regional Appellate Boards – shall decide cases on
appeal from decisions rendered by officers other
than the PNP Chief the mayor, and the People’s Law
Enforcement Board (PLEB). (Sec. 10, R.A 8551)
ORGANIZATION OF THE PHILIPPINE NATIONAL POLICE

A. Composition of the Philippine National Police (PNP) (Sec. 23, R.A 6975).
The following are the component agencies that compose the Philippine National
Police:
1. Member of the Integrated National Police (INP)
Pursuant to Presidential Decree PD765
2. Officers and Enlisted Personnel of the Philippine Constabulary (PC)
3. NARCOM civilian personnel
4. CIS civilian personnel
5. Technical Services of the AFP assigned with the PC
6. Investigation, Intelligence, and Inspection Branch and Hearing officers of the
NAPOLCOM
7. Philippine Air Force Security Command (PAFSECOM)
8. Coast Guards
9. National Action Committee on Anti-Hijacking (NACAH)
B. Organization and Key Position in the Philippine National Police
REORGANIZATION
Authority of the Commission to Reorganized the PNP (Sec. 13, R.A. 8551)
Notwithstanding the provisions of R.A. No. 6975 on Organizational
Structure and Rank Classification of the PNP, the commission shall
conduct a Management Audit, and prepare and submit to congress a
proposed reorganization plan of the PNP not later then December 31,
1998 subject to the limitations provided under this act and base on he
following criteria:
a. Increased police visibility through dispersal of personnel from
Headquarters to the field office and by the appointment and assignment
of non-uniformed personnel to positions, which are not actually and
directly related to police operation.
b. Efficient and optimized delivery of police services to the
communities.
The PNP reorganization program shall be apprehend by congress through
a joint resolution.
The Philippine National Police shall be headed by chief who shall be assisted by
two (2) deputy chief, one for Operation and one (1) for Administration, both whom
shall be appointed by the President upon recommendation of the commission from
senior or qualified officers in the service. That in no case shall any officer who has
retired or is retirable within six (6) months from his compulsory retirement age be
appointed as chief of he PNP.
The PNP shall compose of the National, Regional, and Provincial, District
officers and City or Municipality Stations.
The head of the various Staff Division in the Directorial Staff shall have the
rank of Director with the position title of Director of the DS of this respective
functional division. The Head of the Inspectorate Division with the rank of Chief
Superintendent shall assume the position title of Inspectorate General. The head of
the Administrative and Operational support division shall have the rank of Chief
Superintendent.
The head of NCR with the rank of Director shall assume the position of NCR
Director.
The heads of the Regional Offices with the rank of Chief Superintendent shall
assume the position of Regional Director.
The heads of the NCR district offices with the rank of Chief Superintendent shall have the position title
of District Director.
The head of the provincial offices with the rank of Sr. Superintendent shall be known as Provincial
Director.
The heads of the district offices with the rank of Superintendent serve the position as District Director.

C. Powers and Functions of the Philippine National Police


The PNP shall have the following poses and functions:
1. Enforce the laws and ordinance relative to the protection of lives and properties.
2. Maintain peace and order and take all necessary steps to ensure public safety.
3. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice
and assist in their prosecution
4. Exercise the general power to make arrest, search and seizure in accordance with the constitution
and pertinent laws.
5. Detain and arrest person for a period not beyond what is prescribed by law, informing the person so
detained of all his rights under constitution.
6. Supervise and control the training and operation of security agencies and issue license to operate
security agency, and to security guards and private detectives, for the practice of heir profession.
7. Perform such other duties and exercise all functions as may be prescribed by law.
REPUBLIC ACT No. 11200
An Act Providing for the Rank
Classification in the Philippine National
Police, Amending for the Purpose
Section 28 of Republic Act No. 6975, as
Amended, Otherwise Known as the
"Department of the Interior and Local
Government Act of 1990“.
DIFFERENT SUPPORT UNITS OF THE PHILIPPINES NATIONAL POLICE
Administrative and Operational Supportive units shall support the PNP organization.
A. Administrative Support Units:
1. Crime Laboratory – The head of the crime laboratory is a Director with of Chief
Superintendent that shall provide scientific and technical investigation aid and support
to the PNP and other government investigate agencies.
It shall also provide crime laboratory examination, evaluation and identification of
physical evidence involve in crime with primary emphasis on their medical, chemical,
biological and physical nature.
There shall likewise, be established regional and city crime laboratories as may be
necessary in all regions and cities of the country.

2. Logistic unit – Headed by a director with the rank of C, superintendent. The logistics
unit shall responsible for procurement, distribution and management of all the logistical
requirements of the PNP including fire arms and ammunitions.

3. Communication Unit – Headed by a director with the rank of Chief Superintendent.


The communication unit shall be responsible for establishing an effective police
communication networks.
4. Computer Unit – This unit shall be responsible for the design, implementation
and maintenance of all data base system of the PNP. Head by a Director with the
rank of Chief Superintendent.

5. Finance Center – Headed by a Director with a rank of Chief Superintendent.


This unit is responsible for providing finance services of the PNP.

6. Civil Security Unit – Shall provide Administrative services an general


supervision over the organization, business operations and activities of all
organized private detectives, watchman, security guard agencies and company
guard forces.

The unit shall likewise supervise the licensing and registration of firearms and
explosives.
The approval of applications for license to operate private security agencies
as well as the issuance of license to security guards and licensing of firearms and
explosives shall be decentralized to the PNP Regional offices.
B. Operational Support Units:
1. Maritime Command – shall perform all police function over the Philippine
territorial waters and rivers. A Director with a rank of Chief Superintendent,
head it.
2. Police Intelligence Unit – shall serve as the intelligence and counter-
intelligence operating unit of the PNP. A Director with a rank of Chief
Superintendent is the head.
3. Police Security Unit – shall provide for government official, visiting
dignitaries and private individual authorize to be given protection. A Director
with a rank of Chief Superintendent heads it.
4. Criminal Investigation Unit – this unit shall undertake the monitoring,
investigation and prosecution of all crimes involving economic sabotage, and
other crimes of such magnitude and extent as to indicate their commission by
highly placed or professional criminal syndicate and organization.
It shall likewise investigate all major cases involving violations of the Revised
Penal Code and operate against organized crime groups, unless the president
assigns the case exclusive to the National Bureau of Investigation (NBI). Headed
by a Director with a rank of Chief Superintendent.
5. Special Action Force (Mobil Group) – shall functions mobile strike force or reaction
unit to augment regional, provincial, municipal or city police forces for civil disturbance
control, counter-insurgency, hostage taking rescue operations, and other special
operations. Headed by a Director with a rank of Chief Superintendent.
6. Narcotics Units – Headed by Director with a rank of Chief Superintendent. This unit
shall enforce all laws related to the protection of the citizenry against dangerous and
other prohibited drugs and substances.
7. Aviation Security Command – in coordination with the Airport authorities, shall
secure all the country’s airport against offensive and terrorist acts that threaten civil
aviation, exercise operational control and supervision over all agencies involved in
airport security operation and enforces all laws and regulations relative to air travel
protection and safety. Headed by a Director with a Rank of Chief Superintendent.
8. Traffic Management Group – shall have the function of traffic management and
enforcement of traffic laws and regulations. Headed by a Director with a rank of Chief
Superintendent.
9. Medical and Dental Center – shall be responsible for providing medical and dental
services for the PNP. A Director is the head with a rank of Chief Superintendent.
10. Civil Relation Unit – headed by a Director with a rank of Chief Superintendent. Shall
implement plans and programs that will promote community and citizen’s participation
in the maintenance of peace and order and public safety.
F. POWERS AND FUNCTIONS OF THE CHIEF PNP
1. To direct and control tactical well as strategic movements, deployment,
placement, utilization of the PNP or any of its units and personnel, including
equipment, facilities and other resources.
2. Delegate to subordinate officials with respect to the units under their
respective commands in accordance with the rules and regulations prescribed
by the commission.
3. To issue detailed implementing policies and instruction regarding personnel,
funds, properties records, correspondence such as other matters as may be
necessary to effectively carry out the functions and duties of the bureau.
The Chief of the PNP shall be appointed by the President from among the senior
officers down to the rank of Chief Superintendent subject to confirmation by
the commission on appointments. The chief of the PNP shall serve a term of
office not exceeding four (4) years; provided that times of war or other national
emergency declared by congress, the president may extend such term of office
from 6 months to one (1) year depending upon the gravity of the situation.

G. INCREASED QUALIFICATION FOR PROVINCIAL DIRECTOR AND CITY AND


MUNICIPAL ATATION COMMANDER. (Sec. 20 R.A. 8551)
PROVINCIAL DIRECTOR

1. He or she holds a master’s degree in Public


Administration, Sociology, Criminology, Criminal Justice,
Law Enforcement, National Security Administration,
Defense Studies, or other related Discipline from a
recognized institute of learning.

2. He has satisfactory passed the required training and


career courses necessary for the position as may be
established by the commission.
CITY CHIEF POLICE

1. He or she is a graduate of Bachelor of Laws or


has finished all required courses of master’s
degrees program in public Administration,
Criminology, Criminal Justice, Law Enforcement,
National Security Administration, Defense
Studies, or other related Discipline from a
recognized institute of learning.
MUNICIPAL CHIEF OF POLICE

1. No person shall be appointed chief of municipal police


station unless he or she has finished at least second year
bachelor of laws or has earned at least twelve (12) units
in master’s degree program in public administration, and
other related disciplines from recognized institute of
learning.

2. Members of the Bar with five (5) years of law practice,


license Criminologist, or a graduate of the PNPA who
posses the general qualification for initial appointment
to the PNP shall be qualified for appointment as chief of
city or municipal police station.
CHAPTER 3:

Concepts and
principles
organization and
administration in
various law
enforcement and
public safety
agencies
DILG (RA 6975)
Powers & Functions:
1. Assist the President in the exercise of general supervision over local governments;
2. Advise the President in the promulgation of policies, rules, regulations and other
issuances on the general supervision over local governments and on public order and
safety;
3. Establish and prescribe rules, regulations and other issuances implementing laws on
public order and safety, the general supervision over local governments and the promotion
of local autonomy and community empowerment and monitor compliance thereof;
4. Provide assistance towards legislation regarding local governments, law enforcement
and public safety;
5. Establish and prescribe plans, policies, programs and projects to promote peace and
order, ensure public safety and further strengthen the administrative, technical and fiscal
capabilities of local government offices and personnel;
6. ormulate plans, policies and programs which will meet local emergencies arising from
natural and man-made disasters;
7. Establish a system of coordination and cooperation among the citizenry, local
executives and the Department, to ensure effective and efficient delivery of basic services
to the public;
8. Organize, train and equip primarily for the performance of police functions, a police
force that is national in scope and civilian in character.
DILG assists LGUs to effectively and efficiently deliver services to
their constituents. DILG formulates policies, plans, and programs
to enhance local autonomy, focusing particularly on the
administrative, technical, and fiscal capacities of LGUs. The
Local Government Academy (LGA) is the key capacity
development arm of DILG. The National Disaster Risk Reduction
and Management (DRRM) Law (Republic Act No. 10121) likewise
mandates DILG to ensure disaster preparedness especially at the
sub-national level. In this capacity, DILG disseminates
instructions and standards, and implements programs and
projects to prepare LGUs for both man-made and natural
disasters. In the same vein, under the Climate Change Act
(Republic Act No. 9729), DILG is tasked to facilitate the
development and provision of training programs for LGUs on
climate change adaptation (CCA).
Department of
Justice
(Civil Service
Act of 1901)
Mandate:

The Department of Justice (DOJ) derives its mandate primarily from


the Administrative Code of 1987 (Executive Order No. 292). It carries
out this mandate through the Department Proper and the Department's
attached agencies under the direct control and supervision of the
Secretary of Justice.
Under Executive Order (EO) 292, the DOJ is the government's
principal law agency. As such, the DOJ serves as the government's
prosecution arm and administers the government's criminal justice
system by investigating crimes, prosecuting offenders and overseeing
the correctional system.
The DOJ, through its offices and constituent/attached agencies, is
also the government's legal counsel and representative in litigations
and proceedings requiring the services of a lawyer; implements the
Philippines' laws on the admission and stay of aliens within its territory;
and provides free legal services to indigent and other qualified citizens.
Functions:

1. Administration of the Criminal Justice System:

The DOJ investigates the commission of crimes and


prosecutes offenders through the National Bureau of
Investigation (NBI) and the National Prosecution Service
(NPS), respectively. Likewise, the DOJ administers the
probation and correction system of the country through
the Bureau of Corrections (BuCor), the Board of Pardons
and Parole (BPP)and the Parole and Probation
Administration (PPA).
2. Legal Counsel of Government:

The DOJ, through the Office of the Solicitor General (OSG) and the Office of the
Government Corporate Counsel (OGCC), acts as the legal representative of the
Government of the Philippines, its agencies and instrumentalities including
government owned and controlled corporations and their subsidiaries, officials and
agents in any proceeding, investigation or matter requiring the services of a lawyer.

EO 292 specifically designates the Secretary as Attorney-General and ex-officio


legal adviser of government-owned or controlled corporations (GOCC) and their
subsidiaries. The Secretary exercises administrative adjudicatory powers over all
controversies between/among government agencies, including government owned
and controlled corporations including their subsidiaries. This power of adjudication
of the Secretary originally stemmed from Presidential Decree No. 242, and is now
embodied in Sections 66 to 71, Chapter 14, Book IV of E.O. 292.

The Secretary is likewise empowered to act on all queries and/or requests for
legal advice and guidance from private parties and other officials and employees of
the government.
3. Regulation of Immigration:

The DOJ provides immigration and naturalization regulatory


services and implements the laws governing citizenship and the
admission and stay of aliens through the Bureau of Immigration
(BI). Also, under Administrative Order No. 142 dated August 23,
1994, the Secretary or his duly-authorized representative is
authorized to act on immigration matters, including waiver of
visas and admission of aliens, except deportation matters.

Likewise, the DOJ, through the DOJ Refugee Processing Unit (DOJ-
RPU), processes applications for refugee status of persons
pursuant to the obligations of the Philippines as signatory to the
1951 Convention and 1967 Protocol relating to the Status of
Refugees.
4. International Cooperation:

The DOJ is the central authority of the Republic of the Philippines


relative to extradition and mutual legal assistance treaties (MLAT) on
criminal matters and is involved in several aspects of international
cooperation such as the drafting and implementation of legislation and
agreements as well as the negotiation of extradition and MLAT.
Moreover, under Philippine Extradition Law (P.D. 1069), the DOJ handles
requests for extradition and/or mutual legal assistance and represents
treaty partners in Philippine courts.

The Department is also involved in the negotiation of various


investment and trade agreements with other foreign countries. The
Secretary is also the ex-officio Co-Vice Chairman of the Commission on
Maritime and Ocean Affairs (CMOA) pursuant to EO 612 and EO 612-A
(2007), which is involved in the identification of the Philippine baselines
and in the preparation of the submission to the United Nations of the
country's claim for extended continental shelf.
5. Provision of Free Legal Assistance:

The DOJ provides free legal assistance/representation to indigents


and poor litigants as well as other qualified persons in criminal,
civil, and labor cases, administrative and other quasi-judicial
proceedings and non-commercial disputes through the Public
Attorney's Office (PAO)pursuant to RA No. 9406.

6. Alternative Dispute Resolution:

With regard to conciliation and mediation, the Alternative Dispute


Resolution Act of 2004 (RA 9285) created the Office for Alternative
Dispute Resolution (OADR), which is an agency attached to the DOJ
and which is tasked to promote, develop and expand the use of
alternative dispute resolution in civil and commercial disputes.
7. DOJ functions under other laws and other executive issuances:
In addition to performing its mandate under E.O. 292, the Department
is significantly involved in the implementation of the following penal, national
security, and social welfare laws:
The Witness Protection, Security and Benefit Act (R.A. 6981), which
mandates the DOJ to formulate and implement a Witness Protection, Security
and Benefit Program for the admission and protection of witnesses;
Implementation of the Victims Compensation Program through the Board
of Claims created under the DOJ (RA 7309);
The Comprehensive Dangerous Drugs Act of 2002 (RA 9165), which
created the Dangerous Drugs Boardto see to policy-making and strategy-
formulation on drug prevention and control and designated the Secretary or his
representative as ex-officio member of such Board;
The Anti-Money Laundering Act of 2001 (R.A. 9160), which created the
Anti-Money Laundering Council (AMLC) to which the DOJ is a support agency
through the investigation of money laundering offenses and the prosecution of
offenders. With the DOJ Anti-Money Laundering Desk (DOJ-AMLD), the DOJ
works in close coordination with the AMLC in its task of combating money
laundering and financing of terrorism;
The Human Security Act of 2007 (RA 9372) which created and designated the
Secretary as ex-officio member thereof. Relative to this and under EO 292, the
Secretary is also an ex-officio member of the National Security Council (NSC), which
advises the President with respect to the integration of domestic, foreign, military,
political, economic, social, and educational policies relating to national security;
The Anti-Trafficking in Persons Act of 2003 (R.A. 9208), which mandates the
prosecution of persons accused of human trafficking and for that purpose, created the
Inter-Agency Council on Trafficking (IACAT), of which the Secretary is Chairman;
The Anti-Violence Against Women and Their Children Act of 2004 (RA 9262), which
designated the Department as a member agency of the Inter-Agency Council on
Violence Against Women and their Children (IACVAWC), the monitoring body of
government initiatives to counter violence against women and children;
Executive Order 53 (2011) amending EO No. 275 pursuant to the Special
Protection of Children Against Abuse, Exploitation, and Discrimination Act (RA
7610), designating the DOJ Secretary as the Chairperson of the Committee for the
Special Protection of Children;
Anti-Child Pornography Act of 2009 (IRR of RA), designating the Secretary of Justice
as member of Inter-Agency Council Against Child Pornography that is tasked to
coordinate, monitor and oversee the implementation of Anti-Child Pornography Act;
Cybercrime Prevention Act of 2012 (RA 10175), the Office of Cybercrime within the
DOJ designated as the central authority in all matters related to international mutual
assistance and extradition;
DEPARTMENT OF
NATIONAL DEFENSE
Formed: November 1,
1939, National Defense
Act (Commonwealth
Act № 1) of December
31, 1935
Jurisdiction: Sovereign
territory of the
Republic of the
Philippinen
FUNCTIONS:
It is tasked with the responsibility of providing the necessary
protection of the State against external and internal threats;
directing, planning and supervising the National Defense Program;
maintaining law and order throughout the country; and performing
other functions as may be provided for by law.
It exercises executive supervision over the Armed Forces of the
Philippines (AFP), the Government Arsenal (GA), the Office of Civil
Defense (OCD), the Philippine Veterans Affairs Office (PVAO), and
the National Defense College of the Philippines (NDCP).
It is charged with the duty of supervising the National Defense
Program of the country. It also has responsibility for overseeing field
operations to ensure the judicious and effective implementation of
National Defense and Security Programs.
Attached Bureaus & Agencies:

1. Armed Forces of the Philippines(AFP)

2. Office of Civil Defense(OCD)

3. Philippine Veterans Affairs Office(PVAO)

4. National Defense College of the


Philippines(NDCP)
DEPARTMENT OF
TRANSPORTATION AND
COMMUNICATIONS (DOTC):

The Department of
Transportation and
Communications (DOTC) is the
primary government agency
responsible for the development
and regulation of transportation
and communications systems.
Part of its mandate is to ensure
safe and reliable services to
accelerate economic
development and to better serve
the transport and
communications needs of the
citizenry.
The following agencies are attached to the DOTC:
Cebu Port Authority
Civil Aeronautics Board
Civil Aviation Authority of the Philippines (CAAP)
Light Rail Transit Authority (LRTA)
Mactan-Cebu International Airport Authority
Manila International Airport Authority (MIAA)
Maritime Industry Authority
North Luzon Railways Corporation
Office of Transportation Cooperatives
Office for Transportation Security
Philippine Aerospace Development Corporation
Philippine Coast Guard
Philippine Merchant Marine Academy
Philippine National Railways (PNR)
Philippine Ports Authority (PPA)
Toll Regulatory Board
Mandate:

The Ministry shall be the primary policy,


planning programming, coordinating,
implementing, regulating and administrative
entity of the Executive Branch of the government
in the promotion, development and regulation of
dependable and coordinated networks of
transportation and communications systems, as
well as in the fast, safe, efficient and reliable
postal, transportation and communications
services.
DEPARTMENT OF
HEALTH

Source: EO. No. 292


series of 1987
Instituting the
Administrative Code
of 1987 Signed on July
25, 1987
SECTION 1. Declaration of Policy.—The State shall protect and
promote the right to health of the people and instill health
consciousness among them; adopt an integrated and comprehensive
approach to health development, with priority for the
underprivileged sick, elderly, disabled, women, and children;
endeavor to make essential goods, health and other social services
available to all the people at affordable cost; establish and maintain
an effective food and drug regulatory system; and undertake
appropriate health manpower development and research, responsive
to the country’s health needs and problems.

SECTION 2. Mandate.—The Department shall be primarily


responsible for the formulation, planning, implementation, and
coordination of policies and programs in the field of health. The
primary function of the Department is the promotion, protection,
preservation or restoration of the health of the people through the
provision and delivery of health services and through the regulation
and encouragement of providers of health goods and services.
SECTION 3. Powers and Functions.—The Department shall:

(1) Define the national health policy and formulate and implement a
national health plan within the framework of the government’s general
policies and plans, and present proposals to appropriate authorities on
national issues which have health implications;

(2) Provide for health programs, services, facilities and other


requirements as may be needed, subject to availability of funds and
administrative rules and regulations;

(3) Coordinate or collaborate with, and assist local communities,


agencies and interested groups including international organizations in
activities related to health;

(4) Administer all laws, rules and regulations in the field of health,
including quarantine laws and food and drug safety laws;
(5) Collect, analyze and disseminate statistical and other relevant
information on the country’s health situation, and require the reporting
of such information from appropriate sources;
(6) Propagate health information and educate the population on
important health, medical and environmental matters which have
health implications;
(7) Undertake health and medical research and conduct training in
support of its priorities, programs and activities;
(8) Regulate the operation of and issue licenses and permits to
government and private hospitals, clinics and dispensaries,
laboratories, blood banks, drugstores and such other establishments
which by the nature of their functions are required to be regulated by
the Department;
(9) Issue orders and regulations concerning the implementation of
established health policies; and
(10) Perform such other functions as may be provided by law.
DEPARTMENT OF
ENVIRONMENT
AND NATURAL
RESOURCES
Mandate & Functions:
As provided for under Section 4 of E.O. 192, the DENR is mandated to
be the primary government agency responsible for the conservation,
management, development and proper use of the country's environment
and natural resources, including those in reservations, watershed areas
and lands of the public domain, as well as the licensing and regulation of
all natural resources utilization as may be provided by law in order to
ensure equitable sharing of the benefits derived therefrom for the welfare
of the present and future generations of Filipinos.
Based on the above mandate, the DENR envisions to pass on to
Filipinos a renewed hope in people's ability to chart a new direction for
development and a legacy of a self-sustaining environment, mindful of
people's rights to a life of dignity.
The DENR's mission is to be the dynamic force behind people's
initiatives in the protection, conservation, development and management
of the environment through strategic alliances and partnerships,
participate processes, relevant policies and programs and appropriate
information technology towards sustainable development.
The powers and functions of the DENR, per Section 5 of E.O. 192, are as follows:
1. Advise the President on the enactment of laws relative to the development, use,
regulation and conservation of the country's natural resources and the control of
pollution;
2. Formulate, implement and supervise the government's policies, plans and
programs pertaining to the management, conservation, development, use and
replenishment of the country's natural resources.
3. Promulgate rules and regulations in accordance with law governing the
exploration, development, conservation, extraction, disposition, use and such other
commercial activities tending to cause the depletion and degradation of our natural
resources;
4. Exercise supervision and control over forest lands, alienable and disposable lands,
and mineral resources and impose appropriate payments, fees, charges, rentals and any
such form of levy and collect such revenues for the exploration, development, utilization
or gathering of such resources;
5. Undertake exploration, assessment, classification and inventory of the country's
natural resources using ground surveys, remote sensing and complementary
technologies;
6. Promote proper and mutual consultation with the private sector involving natural
resources development, use and conservation;
7. Undertake geological surveys of the whole country including its territorial waters;
Office of the President

The mandate of the


OP Proper is to respond
to the specific needs
and requirements of
the President to
achieve the purposes
and objectives of the
Office.
As such, the OP Proper performs the following vital/core functions:

(a) Directly assist the President in the management of the affairs pertaining to the
Government of the Republic of the Philippines.

(b) Provide consultative, research, fact-finding and advisory service to the


President.

(c) Assist the President in the performance of functions pertaining to legislation.

(d) Assist the President in the administration of special projects.

(e) Provide direct services to the President and, for this purpose, attend to
functions and matters that are personal or which pertain to the First Family.

(f) Provide technical and administrative support on matters concerning


development management, general government administration and internal
administration.
Department of Social Welfare
and Development

Mission:
"To provide social protection and
promote the rights and welfare
of the poor, vulnerable and the
disadvantaged individual, family
and community to contribute to
poverty alleviation and
empowerment through SWD
policies, programs, projects and
services implemented with or
through LGUs, NGOs, POs, GOs
and other members of civil
society."
Develop and implement a comprehensive social welfare
program consisting of:

Republic Act No. 5416 (Social Welfare Act of 1968)

Prevention and remedial programs and services for


individuals, families and communities;
Protective, remedial and development welfare
services for children and youth;
Vocational rehabilitation and related services for the
physically handicapped, ex-convict and individuals with
special needs;
Training and research and special projects.
Republic Act No. 7160 (Local Government Code of 1991):

Consistent with local autonomy and decentralization, the


provision for the delivery of basic services and facilities shall be
devolved from the National Government to provinces, cities,
municipalities, and barangays so that each Local Government
Unit shall be responsible for a minimum set of services and
facilities in accordance with established national policies,
guidelines and standard.
For purposes of this Rule, devolution shall mean the transfer
of power and authority from the National Government to LGUs to
enable them to perform specific functions and responsibilities.
All NGAs shall conduct periodic consultations with appropriate
LGUs, People s Organization, NGOs and other concerned sectors
of the community before any project or program is implemented
in their respective jurisdiction.
DEPARTMENT OF FOREIGN AFFAIRS

 • Commonwealth Act No. 732 (July 3,


1946) created the Department of Foreign
Affairs (DFA).

 • Republic Act No. 708 (June 5, 1952),


“Foreign SERVICE ACT of the
Philippines”, reorganized and
strengthened the foreign SERVIGE of the
Philippines to enable it to EFFECTIVELY
serve the interests of the COUNTRY
abroad.

 • Republic Act No. 7157 (September


19, 1991), “Philippine Foreign SERVICE
ACT of 1991”, amended the Foreign
SERVICE ACT of 1952 to further
reorganize and strengthen the Philippine
Foreign SERVICE, INGLUDING the
organization of the Department of
Foreign Affairs.
Mandate:

The Department of Foreign Affairs (DFA) advises and assists the


President in planning, organizing, DIRECTING, COORDINATING,
integrating, and evaluating the total national effort in the field of
foreign relations in pursuit of its Constitutional mandate.

FUNCTIONS:

1. Preservation and Enhancement of National Security

2. Promotion and Attainment of Economic Security

3. Protection of the Rights, and the Promotion of the Welfare and


Interests, of Filipino Overseas
CHAPTER IV

RECRUITMENT,
APPOINTMENT, PROMOTION
AND ATTRITION OF THE PNP
RECRUITING:

 Recruiting should not be confused with the selection process. The


philosophy of recruiting is to get as many applicants in to process as
possible. The screening process, on the other hand, is concerned
with eliminating applicants that do not meet the organization’s
selection criteria.

 Recruiting is rarely assigned to personnel who are also involved in


selection. There is a conflict of interest between these two
operations; using of same people to do both jobs set up an
intolerable degree of goal confusion within the personnel unit.

 Recruitment for non – commissioned officers is done in the


Regional commands and at the office of the PNP headquarters to
include applicants for lateral entry to officers’ rank.
APPOINTMENT OF PNP MEMBERS:
Appointments of the officers and members of the PNP are as follows:

 1. Police officer 1 to Senior Police Officer IV – shall be appointed by the


regional director or by the office of the PNP for the National Headquarters
personnel and attested by the civil service commission.
 2. Inspector to Superintendent – is appointed by the chief of the PNP, as
recommended by their immediate superiors and attested by the civil service
commission.
 3. Senior Superintendent to Deputy Director General – is appointed by
the president upon recommendation of the chief of PNP, with proper
endorsement by the chairman of the civil service commission subject to
confirmation by the commission on appointments.
 4. Director General – Appointed by the president from among the senior
officers down to rank of Chief Superintendent in the service, subject to
confirmation of the commission on appointments. Provided, that the Chief of
PNP shall serve a tour of duty not exceed four (4) years; Provided, further
that in times of war or other national emergency declared by the congress,
the president may extend such tour of duty.
B. KINDS OF APPOINTMENT IN THE PNP:

1. Permanent Appointment – When an applicant


possesses the upgraded general qualifications of
appointment in the PNP.

2. Temporary Appointment – When the


appointment of an applicant is under the waiver
program due to educational and weight
requirements pending satisfaction of the
requirement waived. (Sec. 17, R.A 8551)
Waivers for initial appointment to the PNP – (Sec. 15, R.A 8551)
The age, height, weight and educational requirements for initial
appointment to the PNP may be waived only when the numbers of qualified
applicants fall below the minimum annual quota, provided:

1. That an applicant shall not below twenty (20) nor over thirty-five (35)
years of age.
2. That any applicant not meeting the weight requirement shall be given
reasonable time but not exceed six (6) months within which to comply with the
said requirement.
3. Those only applicants who have finished Second Year College or have
earned at least seventy-two (72) college units leading to a bachelor’s degree
shall be eligible for appointment.
4. That any body who will enter the service without a baccalaureate degree
shall be given a maximum four (4) years to obtain the required educational
qualification.
5. That the waiver for height requirement shall be automatically granted to
applicants belonging to the cultural minorities.
Selection Criteria under Waiver Program:

The selection of applicants under the waiver program


shall be subject to the following minimum criteria:
1. Applicants who possess disqualification shall take
precedence over those who possess more
disqualification.
2. The requirement shall be waived in the following
order: age, height, weight, and education.

The commission shall promulgate rules and regulations


to address other situation arising from the waiver of the
entry requirements. (Sec. 15, R.A 8551)
C. UPGRADED GENERAL QUALIFICATIONS FOR APPOINTMENT IN THE
PNP:
No person shall be appointed as officer and member of the PNP unless
he or she possesses the following minimum qualifications:
1. Citizen of the Philippines
2. A person of good moral character.
3. Must have passed the psychiatric/psychological, drug and physical
test to administered by the PNP or by any NAPOLCOM accredited
government hospital for purpose of determining physical and mental
health.
4. Must be eligible in accordance with the standards set by the
commission.
5. Must possess a formal baccalaureate degree from a recognized
institution of learning.
6. Must not have been dishonorably discharge from military
employment or dismiss for cause from any civilian position in the
government.
7. Must not have been convicted by final judgment of an offense or crime
involving moral turpitude.

8. Must be at least one meter and sixty-two centimeters (1.62) in height


for male and one meter and fifty seven (1.57 m) for female.

9. Must weight not more than or less than five (5) kilograms from the
standard weight corresponding to his or her age, height, or sex.

10. For new applicants, must not be less than twenty-one (21) years of age
and not more than thirty (30) years of age; except for the last
qualification, the above-enumerated qualifications shall be continuing in
character and an absence of any one of them at a given time shall be a
ground for separation, or retirement from the service; Provided, that PNP
members who are already in the service upon the affectivity of this act
shall be given at least two (2) years to obtain the minimum educational
qualification and one (1) year to satisfy the weight requirements.
 For the purpose of determining compliance with the
requirements on physical and mental health, as well as the
non-use of prohibited drug, the PNP by itself or through a
NAPOLCOM accredited hospital shall conduct regular
psychiatric, psychological, drug and physical test random and
without notice.

 After the lapse of the time period for the satisfaction of a


specific requirement, current members of the PNP fails to
satisfy any of the requirements enumerated under Sec.14, R.A
8551 shall be separated from the service if they are below fifty
(50) years of retired if they are from the age of fifty (50) years
of age and above served in government for less than twenty
(20) years without prejudice in either case to payment if
benefits they may be entitled to under existing laws.
D. EXAMINATION AND ELIGIBILITY:
The National Police Commission shall administer the entrance
and promotional examination for policemen on the basis of the
standards set by the commission (Sec. 21, R.A 8551)
For eligibility purposes following are the different police
examination administer by the National Police Commission.

1. Entrance/qualifying examination
2. Police officer examination – from PO1-PO3
3. SENIOR Police officer examination – from SPO1-SPO4
4. Inspector examination
5. Senior Inspector examination
6. Chief Inspector examination
7. Superintendent examination
E. LATERAL ENTRY, PROMOTION AND TRAINING (Sec. 33, RA. 6975)
1. Lateral Entry – In general, all original appointment of commissioned officers
in the PNP shall commence with the rank of inspector, to include all those with
highly technical qualification applying for the technical services.
a. Police Captain:
(1) Chaplain
(2) Member of the bar
(3) Doctor of medicine
b. Police Lieutenant:
(1) Dentist
(2) Optometrist
(3) Nurses
(4) Engineers
(5) Graduate of forensic sciences
c. Graduate of the Philippine National Police Academy
d. Licensed Criminologist
2. Promotion:
Promotion Policy – Promotional personnel action should be aligned towards
recognition of good performance in the service and potential to discharge
greater duties and responsibilities in the next higher grade. Accordingly,
promotional policy should serve as an incentive tool to promote higher level of
employee morale and work performance. Each PNP member’s progress depends
mainly on his own initiative skill and ability and creditable work on the present
job and persistent effort to tender valuable service will increase one’s chances
if deserving a promotion. (NAPOLCOM MC # 92-016)

1. OBJECTIVES OF Promotion Rules –

a. To provide a uniform and systematic standard in the selection and


screening of candidates for regular and special promotion.
b. To insure selection of the lost capable candidates for promotion based on
established criteria.
c. To upgrade the PNP officers and non-officers corps.
2. Mandatory requirements for promotion – the following are
considered mandatory requirements for candidates for promotion;

a. Educational attainment
b. Completion of appropriate training course, such as:
1) MNSA or related/allied Masteral degree for PB GEN – up
2) Officers Senior Executive Course (OSEC) for PLTCOL-PCOL
3) Officers Advance Course (OAC) for Police Major
4) Officers Basic Course (OBC) for Police Captain
5) Bachelor of Science in Public Safety (BSPS) for Police Lieutenant
6) Officers Candidate Course (OCC) FOR PEMS
7) Senior Leadership Course (SLC) for PSMS-PEMS
8) Junior Leadership Course (JLC) for PSSG-PMSG
9) Public safety Basic Recruit Course (PSBRC) for PAT-PCPL
d. Appropriate eligibility (refer to examination and eligibility)
e. Clearance from the People Law Enforcement Board (PLEB)

APPOINTMENT AUTHORITY IN PROMOTION (NAPOLCOM MC #93-


004):

Grade Promotional Authority

PGEN President
PCOL-PLTGEN President
PLT-PLTCOL Chief PNP
PAT-PEMS Regional Dir/Dir of Separate Units
c. Time-In-grade and Experience – is a requirement for a specified amount of time that
a uniformed personnel must spend in a grade before they are eligible for promotion.
Under NAPOLCOM Resolution No. 2013-501, which prescribes the modified guidelines on
the qualification standards, will reconcile previous issuance and set a clear reference on
the mandatory requirements for appointment to different PNP ranks:
Police Corporal (PCpl) – from four years to two years as Patrolman
Police Staff Sergeant (PSSg) – from three years to two years as PCpl
Police Senior Master Sergeant (PSMS) – from three years to two years as PMSg
Police Chief Master Sergeant (PCMS) – from three years to two years as PSMS
Police Executive Master Sergeant (PEMS) – from three years to two years as PEMS
Police Captain (PCPT) – from four years to three years as PLT
Police Major (PMAJ) -from five years to three years as PCPT
Police Lieutenant Colonel (PLTCOL) – from five years to three years as PMAJ
The required experience, however, will be retained for the following ranks:
Police Master Sergeant (PMSg) – three years as PSSg
Police Lieutenant (PLT) –three years as PEMS
Police Colonel (PCOL) – three years as PLTCOL
Police Brigadier General (PBGEN) – two years as PLTCOL
FACTORS CONSIDERED IN PROMOTION (NAPOLCOM MC
#95-013)
1. Performance
2. Educational attainment
3. Training
4. Time-in-grade
5. Service reputation
6. Roundness of experience acquired in previous
command, staff and instructors duty assignment
7. Potential
8. Physical Fitness
9. Personality Traits
F. PERFORMANCE EVALUATION AND ATTRITION SYSTEM FOR PNP PERSONNEL
1. PERFORMANCE EVALUATUION SYATEM (NAPOLCOM MC#93-009)
Pursuant to Sec. 37, R.A 6975, A performance evaluation system shall be
established for the uniformed members of the PNP. It shall be based on
rules, regulations and a code of professional conduct and ethical standards
approved by the NAPOLCOM for members of the organization in order to
assess and measures individual efficiency, competence and effectiveness.
Objectives:
1. To provide an administrative effectiveness and efficiency in the
performance of the mission and functions of the PNP.
2. To foster the improvement of individual efficiency, work ethics and
behavioral discipline among the PNP uniformed personnel.
3. To advocate democratic principles and ideals and uphold the principle of
supremacy of civilian authority over the military.
4. To provide a basis of professional growth and conferment of greater
responsibility; and;
5. To motivate the personnel in working to the fullest and exerting greater
effort to improve themselves.
Policy:

1. Uniformed personnel shall be apprised of what are expected


of him as well as his rights under the system and shall be kept
informed of how well he is performing.
2. PNP supervisors shall recognized weaknesses and deficiency of
his subordinates and give them the chance to remedy the same.
3. Appropriate recognition of a job well done that contributed to
the overall effectiveness and efficiency of the organization must
be extended to he PNP member concerned.
4. A continuing record of a uniformed personnel and
performance history shall be kept as apart of his personal file.
5. Appropriate training opportunities shall be continually
provided to ensure effective implementation of the system.
Frequency of Rating:
Frequency of individual performance shall be undertaken every
six (6) months. Evaluation report covering the period January to
June shall be submitted 1st week of July and the report from June
to December shall be submitted 1st week of January of succeeding
year.

PNP Rating Scale:

5 – Outstanding
4 – Very Satisfactory
3 – Satisfactory
2 – Unsatisfactory
1 – Poor
Attrition:
1. Attrition by attainment of maximum tenure in position; the maximum tenure of PNP
members including key position are as follows:
Position Maximum Tenure
Chief 4 years
Deputy Chief 4 years
Director of the Staff Services 4 years
Regional Directors 6 years
Provincial/City Director 9 years
Other position higher than provincial Directors shall have the maximum tenure of
six(6) years. Unless earlier separated, retired or promoted to higher position in
accordance with the staffing pattern, police officers holding the above-mentioned
positions shall be compulsorily retired at the maximum tenure in position herein
prescribed, or at age fifty-six (56), which ever is earlier. Provided, in times of war or
other national emergency declared by congress, the president may extend the PNP chief
tour of duty; Provided, further that PNP members who have already reached their
maximum tenure upon the affectivity of the act any be allowed one (1) year more of
tenure in their position before the maximum tenure provide, unless they shall be
applied to them, unless they shall have reach the compulsory retirement are of fifty-six
(56), in which case compulsory retirement age shall prevail.
Except for the Chief, PNP, no PNP member who has less than one (1) year
of service before reaching the compulsory retirement age shall be promoted to
a higher rank or appointed to any other position.

2. Attrition by Relief.

Any PNP uniformed personnel who has been relieved for just cause and has not
been given an assignment within two (2) years after such relief shall be retired
or separated.

3. Attrition by Demotion in Position or Rank

Any PNP personnel, civilian or uniformed who is relieved and assigned to a


position lower than what is established for his or her grade in the PNP staffing
pattern and who shall not be assigned to a position commensurate to his or her
grade within eighteen (18) months after such demotion in position shall be
retired or separated.
4. Attrition by Non-promotion
A PNP personnel who have not been promoted for a continuous period
of ten (10) years shall be retired or separated.

5. Attrition by other means


A PNP member or officer with at least five (5) years of accumulated
active service shall be separated based on any of the following factors:

a. Inefficient based on poor performances during the last two (2)


successive annual rating periods;
b. Inefficient based on poor performance for three (3) cumulative
annual rating periods;
c. Physical and/or mental incapacity to perform police functions and
duties, or
d. Failure to pass the required entrance examination twice and/or
finish the required career courses except for justifiable reasons.
Retirement or Separation under Attrition System
Any personnel who is dismissed from the PNP pursuant to the different
ways stated shall be retired if he or she has rendered at least twenty (20)
years of service and separated if he or she has rendered less than twenty
(20) years of service unless the personnel is disqualified by law to receive
such benefits.

C. KINDS OF RETIREMENT:

1. Compulsory Retirement – When a uniformed PNP member and non-


officer upon reaching age of fifty-six (56). Provided, that in case of officer
with a rank of Chief Superintendent to Deputy Director General, the
commission may allow his retention in the service for one (1) year
without extension, (Sec. 39 R.A. 6975)
2. Optional Retirement – Upon accumulation of at least twenty (20)
years of satisfactory service an officer or non-officer, at his own request
and with the approval of the commission shall be retired from the service
and entitled to receive benefits as provided by law (Sec. 40. R.A 6975)
3. Early Retirement Program – Any PNP officer and non-commissioned
officer may retire and be paid separation benefits corresponding to the
following conditions:
a. That at the time he or she applies for retirement, he or she has
already rendered at least ten (10) years of continuous government
service.
b. That the applicant is not scheduled for separation or retirement
from the service due attrition system or separation for cause.
c. That he or she has no pending administrative or criminal case, and
d. He or she has at least three (3) more years in the service before
reaching the compulsory retirement age and at least a year before his
or her maximum tenure in position.
4. Retirement in the Next Higher Grade – uniformed personnel
covered under this act shall for purpose of retirement pay, be retired in
one (1) grade higher than the permanent grade last held Provided, that
they have served for at least one (1) active service in the present grade
(Sec. 74, R.A 6975)
CHAPTER V
ADMINISTRATIVE DISCIPLINARY MACHINERY OF THE PNP
A. Creation of Internal Affairs Service. (IAS)
An Internal Affairs Service (IAS) of the PNP is hereby created which
shall have the different powers and functions:
1. Pro-actively conduct inspections and audits on PNP personnel units.
2. Investigate complains and gather evidence in support of an open
investigation.
3. Conduct summary hearing on PNP members facing Administrative
charges.
4. Submit periodic report on the assessment analysis and evaluation of the
character and behavior of PNP personnel and units to the chief PNP and the
commission.
5. File appropriate criminal case against PNP members before the court as
evidence warrants and assist in the prosecution of the case;
6. Provides assistance to the office of the Ombudsman in cases involving the
personnel of the PNP.
The Internal Affairs Service (IAS) shall also conduct, Motu Propio, automatic
investigation of the following cases:

1. Incidents where a police personnel discharges a firearm (FA).


2. Incidents where death, serious physical injury, or any violation of human
rights occurred in the conduct of police operation.
3. Incidents where evidence was compromised, tampered with, obliterated,
or lost while in the custody of police personnel.
4. Incidents where a suspect in the custody of the police was seriously
injured; and
5. Incidents where the established rules of engagement have been violated.

Complaints Against the internal Affairs Service:

Complaint against any personnel or office of AIS shall be brought to the


IG’s office or the Commission as may be appropriate (sec. 51, Ibid)
B. Disciplinary mechanism in the PNP:
a. Citizen’s Complaints- refers to formal charge initiated by a natural or
juridical person or his or her representative on account of an injury, damage
or disturbances sustained as a result of an injury, damage or disturbances
sustained as a result of an irregular or illegal acts or omission of a member of
the PNP. The penalties to be imposed upon any member of the PNP under this
section shall be in accordance with the guidelines prescribed by the
commission. The citizen’s complaints against any member of the PNP shall be
brought before the following:

1. Chief of Police- where the offense is punishable by withholding of


privileges, restriction to specified limits, suspension or the forfeiture of salary
or any combination thereof, for a period not exceeding fifteen(15) days;

2. Mayors of cities and municipalities- where the offense is punishable by


withholding of privileges, restriction to specified limits, suspension or
forfeiture of salary, of any combination thereof, for a period of not less than
sixteen (16) days but not exceeding thirty(30) days.
3.People’s Law Enforcement board (PLEB)- as created under Sec. 43 hereof,
where the offense is punishable by withholding of privileges, restriction to
specified limits, suspension or forfeiture of salary, or any combination thereof
for a period not exceeding thirty (30) days; or by dismissal.

The commission shall provide in its implementing rules and regulations a scale
of penalties to be imposes upon any member of the PNP under this section.

b. Internal Discipline- on dealing with minor offenses involving internal


discipline found to have been committed by any regular member of their
respective commands, the duly designated supervisors' equivalent officers of
the PNP shall, after due notice and summary hearing, exercise disciplinary
powers as follows;

1. Chief of Police or equivalent supervisors may summarily impose the


administrative punishment of admonition or reprimand; restriction to specified
limits; withholding of privileges, forfeiture of salary or suspension; or any of the
combination of the foregoing: Provided, that, in all cases, the total period shall
not exceed fifteen (15) days.
2. Provincial Director or equivalent supervisors may summarily impose
administrative punishment of admonition or reprimand; restriction to specified
limits; withholding of privileges, forfeiture of salary or suspension; or any of
the combination of the foregoing: Provided, that, in all cases, the total period
shall not exceed thirty (30) days.

3. Police Regional Directors or equivalent supervisors shall have the powers to


impose upon any member the disciplinary punishment of dismissal from the
service. He may also impose the administrative punishment of admonition or
reprimand, restrictive custody, withholding of privileges, suspension or
forfeiture of salary, demotion, or any combination of the foregoing, Provided,
that in all cases the total period shall not exceed sixty (60) days.

4. The Chief of the PNP shall have the power to impose the disciplinary
punishment of dismissal from the service, suspension or forfeiture of salary, or
any combination thereof for a period not exceeding one hundred eighty (180)
days. Provided, further, that the chief of the PNP shall have the authority to
place police personnel under restrictive custody during the pendency of a grave
administrative case filed against him or even after the filing of a criminal
complaint, grave in nature, against such police personnel.
Summary Dismissal Powers of the National Police Commission, PNP Chief, PNP
Regional Director.
The National Police Commission, the Chief of the PNP, and the PNP
Regional Directors, after due notice and summary hearings, may immediately
remove or dismiss any respondent PNP members in any of the following cases:

1. When the charge is serious and the evidence of guilt is strong.


2. When the respondent is a recidivist or has been repeatedly charge and there
are reasonable grounds to believe that he is guilty of the charges, and
3. When the respondent is guilty of a serious offense involving conduct
unbecoming of a police officer.

Any member or police official of the PNP who shall go on absence without
official leave (AWOL) for a continuous period of thirty (30) days or more chalk,
be dismissed immediately from the service. His activities and whereabouts
during the period shall be investigated and if found to have committed a
crime, he shall be prosecuted accordingly (Sec. 53, Ibid)
D. People’s Law Enforcement Board (PLEB):
a. Creation and functions – The Sangguniang Panglunsod or Sangguniang Bayan
in every city it municipality shall create such number of PLEB’s as may be
necessary; Provided, that there shall be at least one (1) PLEB for every five
hundred (500) city or municipal, police personnel and for each of the
legislative district in the city.
The PLEB shall be the central receiving entity for any citizen’s complaint
against the PNP members. As such as every citizen’s complaint regardless of
the impossible penalty for the offense alleged, shall be filed with the PLEB of
the city or municipality where the offense was allegedly committed. Upon
receipt and docketing of the complaint the PLEB shall immediately determine
whether the offense alleged therein is a grave, less grave or minor.
Should the PLEB find that the offense is grave or less grave, the Board
shall assume jurisdiction to hear the respondent within three days from
receipt of the complaint.
If the PLEB finds that the offense alleged is minor, it shall refer the
complaint to the mayor or to the COP, as the case may be., of the city or
municipality where the PNP member is assigned within three days upon filing
thereof.
b. Composition and Term of Office – The PLEB shall be composed of the
following:
1. Any member of the Sangguniang Panglunsod or Sangguniang Bayan chosen by
his or her respective sanggunian.

2. A Barangay Captain of the city or municipality concerned chosen by the


association of Barangay Captain, and three (3) other members who are
removable only for cause to be chosen by local peace and order council from
among the respected members of the community known for their probity and
integrity, one (1) must be a woman and another a member of he BAR, or the
absence thereof, a college graduate, or the principal of the central elementary
school in locality.

“The Chairman of the PLEB shall be related from among its members. The term
office of the members of the PLEB shall be for a period of three (3) years from
assumption of office. Such member shall hold office until his or her successors
shall have been chosen and qualified. The chairman and members of the PLEB
shall furnish the commission through its regional offices copies oath of office
within thirty (30) days upon assumption.
Request for Preventive Suspension – The PLEB may ask any authorized
superior to impose preventive suspension for a period not exceeding
ninety (90) days against a subordinate police officer who is the subject
of complaint. The superior officer in the following cases shall not deny
a request for preventive suspension.

1. When the respondent refuses to heed the PLEB’s summons or


subpoena.
2. When the respondent has been charge with offenses involving bodily
harm or grave threats.
3. When the respondent is in a position to tamper with the evidence;
and
4. When the respondent is in a position to unduly influence the
witnesses.
Any superior who fails to act on any request for suspension without
valid reasons shall be held administratively liable for serious neglect of
duty.
Procedure:
1. The PLEB by majority vote of all its members and its chairman shall determine
whether or not the respondent officer or member of the PNP is guilty of the change upon
which the complaint is based.
2. Each case shall be decided within sixty (60) days from the time the case has been
filed with the PLEB.
3. The procedures in the PLEB shall be summary in nature conducted in accordance with
due process, but without strict regard to technical rules of evidence.
4. The commission shall issue the necessary implementation, guidelines and procedure to
be adopted by the PLEB, including graduated penalties that may be imposed by the
PLEB.
5. The commission may assign the present NAPOLCOM hearing officers to act as legal
consultants of the PLEB’s and provide, when necessary, legal service, assistance and
advise to the PLEB’s in hearing and deciding cases against officers and members of the
PNP, especially those involving difficult questions of law: Provided, That these lawyers
may also be assigned to investigate claims of death and disability benefits of PNP
members or their heirs. (Sec. 43 (d), R.A 6975)
Decisions – The decisions of the PLEB shall become final and executory: Provided, that a
decision involving demotion or dismissal from the service may be appealed by either
party with the Regional Appellate Board within ten (10) days from receipt of the copy of
the decision. (Sec. 43 (e), R.A 6975)

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