RA 6975
Prepared by: Ms. Caresse Danae M. Bantic
Prepared by: Ms. Caresse Danae M. Bantic
2/13/24 1
OBJECTIVES:
1.Discuss the different legal mandates and
statutory laws on law enforcement.
2.Understand the new provisions of the PNP
Organization as identified in RA 8551.
Prepared by: Ms. Caresse Danae M. Bantic
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FACTS
Republic Act No. 6975 established the Philippine National Police (PNP) under a
Reorganized Department of the Interior and Local Government. This law stated
that PNP is supposed to have a Maritime Police Unit, to absorb the police functions
of the Coast Guard and to be provided with sea capabilities.
Admittedly, this move is impractical in view of the fact that the PNP has already a
great deal of obligations on land to be burdened with additional responsibilities at
sea. Other agencies, such as the Coast Guard and the Navy, are better oriented to
cover our territorial waters. Likewise, the rivers, lakes and coastal areas within
localities are better covered by the local government units.
a. Maritime Police Command- conveys a duplication of work
b. RA 6975 removes the maritime functions of PNP.
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• SECTION 1- the PNP shall absorb the office of the National Action
Committee on Anti-Hijacking (NACAH) of the Department of National
Defense, & all the functions of the present Philippine Air Force Security
Command (PAFSECOM) , as well as the police functions of the Coast
Guard
• PNP shall be provided with adequate land [, sea,] and air capabilities
and all necessary material means or resources."
• SECTION 2 – DECLARATION OF POLICY – National in Scope and
civilian in character. No element of the police force shall be military nor
shall any position thereof occupied by active members of the Armed
Forces of the Philippines.
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• SECTION 3- PROMULGATION OF COMPREHENSIVE
POLICIES BY CONGRESS- policies on public order and
safety to protect the citizenry from all forms of lawlessness,
criminality and other threats to peace and order.
• SECTION 4- DEPARTMETNT OF INTERIOR AND LOCAL
GOVERNMENT- DILG has been reorganized
• SECTION 5- POWERS AND FUCTIONS OF THE
DEPARTMENT
• SECTION 6- ORGANIZATION- DILG, NAPOLCOM, BFP,
BJMP
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• SECTION 7 -DEPARTMENT PROPER- shall consists
of the existing staff services
a. Office of the Secretary
b. Office of the Undersecretaries and Assistant
Secretaries
- 2 undersecretaries (1) for local government and other
for peace and order; (1) from career executive service
- 3 career Assistant Secretaries
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• SECTION 8- HEAD OF DEPARTMENT- referred as the
Secretary, shall also be the ex- officio Chairman of the
NAPOLCOM and shall appointed by the president subject to
confirmation of the Commission on Appointments. No retired or
resigned military officer or police official may be appointed as
Secretary within one (1) year from the date of his retirement or
resignation.
• SECTION 9- General Powers, Term of Office and Compensation
of the Secretary. shall hold office at the pleasure of the President
and shall receive the compensation, allowances and other
emoluments to which heads of departments are entitled.
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• SECTION 10- Specific Powers and Functions of the Secretary-
Prepare and submit periodic reports, including a Quarterly Anti-
Crime Operations Report and such other reports as the President
and Congress may require;
• (b) Act as Chairman and Presiding Officer of the National Police
Commission; and
• (c) Delegate authority to exercise any substantive or
administrative function to the members of the National Police
Commission or other officers of rank within the Department.
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•SECTION 11- Regional Offices
Each regional office shall be headed by a
regional director to be assisted by two (2)
assistant regional directors: one (1) for jail
management and penology and another for
fire protection in addition to the present
assistant regional directors of the
Department of Local Government.
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• SECTION 12 Relationship of the Department with the Department of National
Defense.
he Armed Forces of the Philippines (AFP) shall continue its present role of
preserving the internal and external security of the State: e extended by the
President, if he finds it justifiable, for another period not exceeding twenty-four (24)
months, after which, the Department shall automatically take over from the AFP the
primary role of preserving internal security, leaving to the AFP its primary role of
preserving external security.
In times of national emergency, all elements of the PNP, the Bureau of Fire
Protection, and the Bureau of Jail Management and Penology shall, upon direction
of the President, assist the Armed Forces of the Philippines in meeting the national
emergency.
• The complementary relationship between the Department of the Interior and Local
Government and the Department of National Defense in any of the preceding
eventualities shall be jointly prescribed by their respective Secretaries in a
memorandum of agreement that shall thereafter be published and implemented.
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CHAPTER 2:
The National Police Commission
• SECTION 13: Creation and Composition.- It shall be composed of a
Chairman and four (4) regular commissioners, one (1) of whom shall
be designated as Vice-Chairman by the President. The Secretary of
the Department shall be the ex-officio Chairman of the Commission,
while the Vice-Chairman shall act as the executive officer of the
Commission.
• The Commission shall be a collegial body within the Department. It
shall be composed of a Chairman and four (4) regular
commissioners, one (1) of whom shall be designated as Vice-
Chairman by the President. The Secretary of the Department shall be
the ex-officio Chairman of the Commission, while the Vice-Chairman
shall act as the executive officer of the Commission.
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• SECTION 14: Powers and Functions of the Commission
• (a) Exercise administrative control over the Philippine
National Police;
• (b) Advise the President on all matters involving police
functions and administration;
• (c)Foster and develop policies and promulgate rules and
regulations, standards and procedures to improve police
services based on sound professional concepts and principles;
• (d)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;
• (e)Prepare a police manual prescribing rules and regulations
for efficient organization, administration, and operation,
including recruitment, selection, promotion and retirement;
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• (f) Establish a system of uniform crime reporting;
• (g) Conduct surveys and compile statistical data for the
proper evaluation of the efficiency and effectiveness of all
police units in the country;
• (h) Render to the President and to Congress an annual report
on its activities and accomplishments during the thirty (30)
days 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
for appropriate remedial legislation;
• (i) Approve or modify plans and programs on education and
training, logistical requirements, communications, records,
information systems, crime laboratory, crime prevention and
crime reporting;
• (j) Affirm, reverse or modify, through the National Appellate
Board, personnel disciplinary actions involving demotion or
dismissal from the service imposed upon members of the
Philippine National Police by the Chief of the Philippine
National Police; Prepared by: Ms. Caresse Danae M. Bantic
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• (k) Exercise appellate jurisdiction through the regional appellate
boards over administrative cases against policemen and over
decisions on claims for police benefits;
• (l) Recommend to the President, through the Secretary, within
sixty (60) days before the commencement of each calendar year,
a crime prevention;
• (m) Prescribe minimum standards for arms, equipment, and
uniforms and, after consultation with the Philippine Heraldy
Commission, for insignia of ranks, awards and medals of honor;
• (n) Issue subpoena and subpoena duces tecum in matters
pertaining to the discharge of its own powers and duties, and
designate who among its personnel can issue such processes and
administer oaths in connection therewith; and
• (o) Perform such other functions necessary to carry out the
provisions of this Act and as the President may direct.
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SECTION 15 Qualifications. — No person shall be
appointed regular member of the Commission unless:
• (a) He is at least thirty-five (35) years of age;
• (b A member of the Philippine Bar or a holder of a
master’s degree in public administration, business
administration, management, sociology, criminology, law
enforcement, national security administration, defense
studies, and other related discipline; and
• (c) Has had experience in law enforcement work for at
least five (5) years.
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SECTION 16. Term of Office.
The four (4) regular and full-time Commissioners shall be
appointed by the President upon the recommendation of
the Secretary. Of the first four (4) commissioners to be
appointed, two (2) commissioners shall serve for six (6) years
and the two (2) other commissioners for four (4) years. All
subsequent appointments shall be for a period of six (6)
years each, without reappointment or extension.
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SECTION 17 Temporary or Permanent
Incapacity of the Chairman.
In case of absence due to temporary or permanent
incapacity of the Chairman, the President shall designate
an Acting Chairman. In case of death or permanent
incapacity or disqualification of the Chairman, the Acting
Chairman shall also act as such until a new Chairman shall
have been appointed and qualified.
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SECTION 18. Removal from Office. —
The members of the Commission may be
removed from office for cause. All
vacancies in the Commission, except
through expiration of term, shall be filled
up for the unexpired term only:
Provided, That any person who shall be
appointed in this case shall be eligible for
regular appointment for another full
term.
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SECTION 19 Prohibitions —
The Chairman and members of the
Commission shall not engage in the practice
of any profession, or intervene, 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.
Prepared by: Ms. Caresse Danae M. Bantic
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•SECTION 20. Organizational Structure
The Commission shall consist of the following
units:
• (a) Commission Proper- This is composed of
the offices of the Chairman and the four (4)
commissioners.
• (b) Staff Services- The staff services of the
Commission shall be as follows:
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The Planning and Research Service, which shall
provide technical services to the Commission in
areas of overall policy formulation, strategic and
operational planning, management systems or
procedures, evaluation and monitoring of the
Commission’s programs, projects and internal
operations; and shall conduct thorough research
and analysis on social and economic conditions
affecting peace and order in the country;
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(2) The Legal Affairs Service, which shall provide the
Commission with efficient and effective service as legal
counsel of the Commission; draft or study contracts
affecting the Commission and submit appropriate
recommendations pertaining thereto; and render legal
opinions arising from the administration and operation of
the Philippine National Police and the Commission;
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The Crime Prevention and Coordination Service, which
shall undertake criminological researches and studies;
formulate a national crime prevention plan; develop a crime
prevention and information program and provide editorial
direction for all criminology research and crime prevention
publications;
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The Administrative Service, which shall provide the
Commission with assistance on budgetary and financial
matters; provide the necessary services relating to records,
correspondence, supplies, property and equipment,
security and general services, and the maintenance and
utilization of facilities; and provide services relating to
manpower, career planning and development, personnel
transactions and employee welfare;
Prepared by: Ms. Caresse Danae M. Bantic
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(5) The Inspection and Monitoring Service, which
shall conduct continuous inspection and
management audit of personnel, facilities and
operations at all levels of command of the PNP and
shall monitor the implementation of the
Commission’s programs and projects relative to law
enforcement; and
Prepared by: Ms. Caresse Danae M. Bantic
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The Installations and Logistics Service, which shall
review the Commission’s plans and programs and
formulate policies and procedures regarding
acquisition, inventory, control, distribution,
maintenance and disposal of supplies and shall
oversee the implementation of programs on
transportation facilities and installations and the
procurement and maintenance of supplies and
equipment.
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• Disciplinary Appellate Boards
— The Commission shall establish a formal
administrative disciplinary appellate machinery
consisting of the National Appellate Board
and the regional appellate boards.
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The National Appellate Board shall decide
cases on appeal from decisions rendered by
the PNP chief, while the regional appellate
boards shall decide cases on appeal from
decisions rendered by officers other than the
PNP chief, the mayor, and the People Law
Enforcement Board (PLEB) created
hereunder.
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SECTION 21. Regional Offices
The Commission shall establish, operate and
maintain regional offices headed by regional
directors who shall implement the policies
and programs of the Commission in their
respective regions. For administrative
purposes, the regional offices of the
Commission shall be attached to the general
offices of the Department.
Prepared by: Ms. Caresse Danae M. Bantic
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SECTION 22. Qualifications of Regional Directors
• (a) He is at least thirty (30) years of age;
• (b) A holder of a baccalaureate degree and appropriate
civil service eligibility; and
• (c) Has at least five (5) years experience in the field of
law enforcement, criminology or police administration.
Prepared by: Ms. Caresse Danae M. Bantic
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CHAPTER III
A. The Philippine National Police
Organization
In order to be qualified for transfer to the PNP units in
Metropolitan Manila and in highly urbanized cities, an individual
must have completed not less than second year collegiate work
or its equivalent in training of seventy-two (72) collegiate units.
• * SECTION 28: Rank Classification. — For purposes of efficient
administration, supervision and control, the rank classification
of the members of the PNP shall be as follows:
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RA 8551
Philippine National Police Reform and
Reorganization Act of 1998".
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• Section 2. Declaration of Policy and Principles. – It is hereby
declared the policy of the State to establish a highly efficient and
competent police force which is national in scope and civilian in
character administered and controlled by a national police
commission.
• COMMUNITY AND SERVICE ORIENTED AGENCY
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TITLE II
THE ROLE OF THE PNP IN COUNTER-INSURGENCY
FUNCTIONS
In times of national emergency, the PNP, the Bureau of
Fire Protection, and the Bureau of Jail Management
and Penology shall, upon the direction of the President,
assist the armed forces in meeting the national
emergency."
Prepared by: Ms. Caresse Danae M. Bantic
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TITLE III
THE NATIONAL POLICE COMMISSION
• Section 4. Section 13 of Republic Act No. 6975 is hereby amended to
read as follows:
The Commission shall be an agency attached to the Department
for policy and program coordination. It shall be composed of a
Chairperson, four (4) regular Commissioners, and the Chief of PNP as
ex-officio member. Three (3) of the regular commissioners shall come
from the civilian sector who are neither active nor former members of
the police or military, one (1) of whom shall be designated as vice
chairperson by the President. The fourth regular commissioner shall
come from the law enforcement sector either active or retired:
Provided, That an active member of a law enforcement agency shall be
considered resigned from said agency once appointed to the
Commission: Provided, further, That at least one (1) of the
Commissioners shall be a woman. The Secretary of the Department
shall be the ex-officio Chairperson of the Commission, while the Vice
Chairperson shall act as the executive officer of the Commission."
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• "SEC. 14. Powers and Functions of the Commission. – The
Commission shall exercise the following powers and functions:
• "(a) Exercise administrative control and operational supervision
over the Philippine National Police which shall mean the power to:
• "1) 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 examinations for uniformed members;
• "2) 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;
• "3) Establish a system of uniform crime reporting;
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• "4) 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;
• "5) Approve or modify plans and programs on education and
training, logistical requirements, communications, records,
information systems, crime laboratory, crime prevention and
crime reporting;
• "6) Affirm, reverse or modify, through the National Appellate
Board, personnel disciplinary actions involving demotion or
dismissal from the service imposed upon members of the
Philippine National Police by the Chief of the Philippine
National Police;
• "7) Exercise appellate jurisdiction through the regional appellate
boards over administrative cases against policemen and over
decisions on claims for police benefits;
Prepared by: Ms. Caresse Danae M. Bantic
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• "8) 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. Within ninety (90) days from the
effectivity 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;
• "9) Issue subpoena and subpoena duces tecum in matters pertaining to
the discharge of its own powers and duties, and designate who among its
personnel can issue such processes and administer oaths in connection
therewith;
• "10) 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 situation, and thereafter
formulate appropriate guidelines for maximization of resources and
effective utilization of the PNP personnel;
• "11) Monitor the performance of the local chief executives as deputies
of the Commission; and
• "12) Monitor and investigate police anomalies and irregularities.
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• "b) Advise the President on all matters involving police
functions and administration;
• "c) Render to the President and to the Congress an annual
report on its activities and accomplishments during the thirty
(30) days 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
for appropriate remedial legislation;
• "d) Recommend to the President, through the Secretary, within
sixty (60) days before the commencement of each calendar year,
a crime prevention program; and
• "e) Perform such other functions necessary to carry out the
provisions of this Act and as the President may direct."
Prepared by: Ms. Caresse Danae M. Bantic
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• SEC. 15. Qualifications. – No person shall be appointed
regular member of the Commission unless:
• "(a) He or she is a citizen of the Philippines;
• "(b) A member of the Philippine Bar with at least five (5) years
experience in handling criminal or human rights cases or a
holder of a master's degree but preferably a doctorate degree
in public administration, sociology, criminology, criminal
justice, law enforcement, and other related disciplines; and
• "(c) The regular member coming from the law enforcement
sector should have practical experience in law enforcement
work for at least five (5) years while the three (3) other regular
commissioners must have done extensive research work or
projects on law enforcement, criminology or criminal justice or
members of a duly registered non-government organization
involved in the promotion of peace and order."
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• "SEC. 15. Qualifications. – No person shall be appointed
regular member of the Commission unless:
• "(a) He or she is a citizen of the Philippines;
• "(b) A member of the Philippine Bar with at least five (5) years
experience in handling criminal or human rights cases or a
holder of a master's degree but preferably a doctorate degree
in public administration, sociology, criminology, criminal
justice, law enforcement, and other related disciplines; and
• "(c) The regular member coming from the law enforcement
sector should have practical experience in law enforcement
work for at least five (5) years while the three (3) other regular
commissioners must have done extensive research work or
projects on law enforcement, criminology or criminal justice or
members of a duly registered non-government organization
involved in the promotion of peace and order."
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• SEC. 16. Term of Office. – The four (4) regular and full-
time Commissioners shall be appointed by the President
for a term of six (6) years without re-appointment or
extension."
• Section 8. Expiration of the Terms of Office of Current
Commissioners. – Upon the effectivity of this Act the
terms of office of the current Commissioners are deemed
expired which shall constitute a bar to their
reappointment or an extension of their terms in the
Commission except for current Commissioners who have
served less than two (2) years of their terms of office who
may be appointed by the President for a maximum term of
two (2) years.
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• "SEC. 17. Temporary or Permanent Incapacity of the
Chairperson. – In case of absence due to the temporary
incapacity of the chairperson, the Vice chair shall serve
as Chairperson until the Chairperson is 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 have been appointed by the President
and qualified."
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• SEC. 20. Organizational Structure. – The Commission shall consist of the following units:
• a) Commission Proper. – This is composed of the offices of the Chairman and four (4)
Commissioners.
• "(b) Staff Services. – The staff services of the Commission shall be as follows:
• "(1) The Planning and Research Service, which shall provide technical services to the
Commission in areas of overall policy formulation, strategic and operational planning,
management systems or procedures, evaluation and monitoring of the Commission's
programs, projects and internal operations; and shall conduct thorough research and
analysis on social and economic conditions affecting peace and order in the country;
• "(2) The Legal Affairs Service, which shall provide the Commission with efficient and
effective service as legal counsel of the Commission; draft or study contracts affecting the
Commission and submit appropriate recommendations pertaining thereto; and render legal
opinions arising from the administration and operation of the Philippine National Police and
the Commission;
• "(3) The Crime Prevention and Coordination Service, which shall undertake criminological
researches and studies; formulate a national crime prevention plan; develop a crime
prevention and information program and provide editorial direction for all criminology
research and crime prevention publications;
• "(4) The Personnel and Administrative Service, which shall perform personnel functions for
the Commission, administer the entrance and promotional examinations for policemen,
provide the necessary services relating to records, correspondence, supplies, property and
equipment, security and general services, and the maintenance and utilization of facilities,
and provide services relating to manpower, career planning and development, personnel
transactions and employee welfare;
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• "(5) The Inspection, Monitoring and Investigation Service, which 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 monitor and investigate police anomalies and
irregularities;
• "(6) The Installations and Logistics Service, which shall review the
Commission's plans and programs and formulate policies and procedures
regarding acquisition, inventory, control, distribution, maintenance and
disposal of supplies and shall oversee the implementation of programs on
transportation facilities and installations and the procurement and
maintenance of supplies and equipment; and
• "(7) The Financial Service, which shall provide the Commission with staff
advice and assistance on 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/or permanently
incapacitated PNP personnel.
•
Disciplinary Appellate Boards – The Commission shall establish a formal
administrative disciplinary appellate machinery consisting of the National
Appellate Board and the regional appellate boards.
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"The National Appellate Board shall decide cases on appeal
from decisions rendered by the PNP chief, while the
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) created hereunder."
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• Section 11. Section 22 of Republic Act No. 6975 is
hereby amended to read as follows:
• "SEC. 22. Qualifications of Regional Directors. –
No person shall be appointed regional director unless:
• "(a) He or she is a citizen of the Philippines; and
• "(b) A holder of a master's degree and appropriate
civil service eligibility."
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Section 12. Qualifications Upgrading Program. – The
Commission shall design and establish a qualifications
upgrading program for the members of the Commission in
coordination with the Civil Service Commission, the
Department of Education, Culture and Sports and the
Commission on Higher Education through a distance
education program and/or an in-service education program or
similar programs within ninety (90) days from the effectivity of
this Act: Provided, That those who are already in the service
from the effectivity of this Act shall have five (5) years to
obtain the required degree or qualification counted from the
implementation of the qualifications upgrading program.
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• Section 13. Authority of the Commission to Reorganize the
PNP. – Notwithstanding the provisions of Republic Act No. 6975
on the 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 than December 31, 1998, subject to the
limitations provided under this Act and based on the following
criteria: a) increased police visibility through dispersal of
personnel from the headquarters to the field offices and by the
appointment and assignment of non-uniformed personnel to
positions which are purely administrative, technical, clerical or
menial in nature and other positions which are not actually and
directly related to police operation; and b) efficient and
optimized delivery of police services to the communities.
• The PNP reorganization program shall be approved by Congress
through a joint resolution.
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SEC. 14. Powers and Functions of the Commission. – The Commission shall
exercise the following powers and functions:
• a) Exercise administrative control and operational supervision over the
Philippine National Police which shall mean the power to:
• "1) 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 examinations for uniformed members;
• "2) 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;
• "3) Establish a system of uniform crime reporting;
• "4) 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;
• "5) Approve or modify plans and programs on education and training, logistical
requirements, communications, records, information systems, crime laboratory,
crime prevention and crime reporting;
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• "6) Affirm, reverse or modify, through the National Appellate Board, personnel
disciplinary actions involving demotion or dismissal from the service imposed
upon members of the Philippine National Police by the Chief of the Philippine
National Police;
• "7) Exercise appellate jurisdiction through the regional appellate boards over
administrative cases against policemen and over decisions on claims for police
benefits;
• "8) 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. Within ninety (90) days from the effectivity 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;
• "9) Issue subpoena and subpoena duces tecum in matters pertaining to the
discharge of its own powers and duties, and designate who among its personnel
can issue such processes and administer oaths in connection therewith;
• "10) 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 situation, and thereafter formulate appropriate
guidelines for maximization of resources and effective utilization of the PNP
personnel;
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• "11) Monitor the performance of the local chief executives as deputies
of the Commission; and
• "12) Monitor and investigate police anomalies and irregularities.
• "b) Advise the President on all matters involving police functions and
administration;
• "c) Render to the President and to the Congress an annual report on its
activities and accomplishments during the thirty (30) days 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 for appropriate remedial legislation;
• "d) Recommend to the President, through the Secretary, within sixty (60)
days before the commencement of each calendar year, a crime
prevention program; and
• "e) Perform such other functions necessary to carry out the provisions
of this Act and as the President may direct."
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• SEC. 15. Qualifications. – No person shall be appointed regular
member of the Commission unless:
• "(a) He or she is a citizen of the Philippines;
• "(b) A member of the Philippine Bar with at least five (5) years
experience in handling criminal or human rights cases or a
holder of a master's degree but preferably a doctorate degree in
public administration, sociology, criminology, criminal justice,
law enforcement, and other related disciplines; and
• "(c) The regular member coming from the law enforcement
sector should have practical experience in law enforcement
work for at least five (5) years while the three (3) other regular
commissioners must have done extensive research work or
projects on law enforcement, criminology or criminal justice or
members of a duly registered non-government organization
involved in the promotion of peace and order."
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• SEC. 16. Term of Office. – The four (4) regular and full-time
Commissioners shall be appointed by the President for a term
of six (6) years without re-appointment or extension.”
• Section 8. Expiration of the Terms of Office of Current
Commissioners. – Upon the effectivity of this Act the terms
of office of the current Commissioners are deemed expired
which shall constitute a bar to their reappointment or an
extension of their terms in the Commission except for
current Commissioners who have served less than two (2) years
of their terms of office who may be appointed by the
President for a maximum term of two (2) years.
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"SEC. 17. Temporary or Permanent Incapacity of the
Chairperson. –
In case of absence due to the temporary incapacity of the
chairperson, the Vice chair shall serve as Chairperson until
the Chairperson is 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 have been appointed by
the President and qualified."
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• SEC. 20. Organizational Structure. – The Commission shall consist of the
following units:
• "(a) Commission Proper. – This is composed of the offices of the Chairman
and four (4) Commissioners.
• b) Staff Services. – The staff services of the Commission shall be as follows:
• "(1) The Planning and Research Service, which shall provide technical
services to the Commission in areas of overall policy formulation, strategic
and operational planning, management systems or procedures, evaluation and
monitoring of the Commission's programs, projects and internal operations;
and shall conduct thorough research and analysis on social and economic
conditions affecting peace and order in the country;
• "(2) The Legal Affairs Service, which shall provide the Commission with
efficient and effective service as legal counsel of the Commission; draft or
study contracts affecting the Commission and submit appropriate
recommendations pertaining thereto; and render legal opinions arising from
the administration and operation of the Philippine National Police and the
Commission;
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• 3) The Crime Prevention and Coordination Service, which shall
undertake criminological researches and studies; formulate a
national crime prevention plan; develop a crime prevention and
information program and provide editorial direction for all
criminology research and crime prevention publications;
• "(4) The Personnel and Administrative Service, which shall perform
personnel functions for the Commission, administer the entrance
and promotional examinations for policemen, provide the necessary
services relating to records, correspondence, supplies, property
and equipment, security and general services, and the maintenance
and utilization of facilities, and provide services relating to
manpower, career planning and development, personnel
transactions and employee welfare;
• "(5) The Inspection, Monitoring and Investigation Service, which
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 monitor and
investigate police anomalies and irregularities;
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• 6) The Installations and Logistics Service, which shall review the
Commission's plans and programs and formulate policies and
procedures regarding acquisition, inventory, control,
distribution, maintenance and disposal of supplies and shall
oversee the implementation of programs on transportation
facilities and installations and the procurement and maintenance
of supplies and equipment; and
• "(7) The Financial Service, which shall provide the Commission
with staff advice and assistance on 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/or permanently incapacitated
PNP personnel.
• "(c) Disciplinary Appellate Boards – The Commission shall
establish a formal administrative disciplinary appellate machinery
consisting of the National Appellate Board and the regional
appellate boards.
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• "The National Appellate Board shall decide cases on
appeal from decisions rendered by the PNP chief, while
the 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) created hereunder."
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Section 12. Qualifications Upgrading Program. – The
Commission shall design and establish a qualifications upgrading
program for the members of the Commission in coordination
with the Civil Service Commission, the Department of
Education, Culture and Sports and the Commission on Higher
Education through a distance education program and/or an in-
service education program or similar programs within ninety (90)
days from the effectivity of this Act: Provided, That those
who are already in the service from the effectivity of this Act
shall have five (5) years to obtain the required degree or
qualification counted from the implementation of the
qualifications upgrading program.
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PLEASE PROCEED TO THE
POSTED LINK J
https://lawphil.net/statutes/repacts/ra1998/ra_8551_1998.ht
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