Amending R.A. No. 9263 (Bureau of Fire Protection and Bureau of Jail Mgt. and Penology Professionalization Act of 2004)

May 8, 2009

REPUBLIC ACT NO. 9592

AN ACT EXTENDING FOR FIVE (5) YEARS THE REGLEMENTARY PERIOD FOR COMPLYING WITH THE MINIMUM EDUCATIONAL QUALIFICATION AND APPROPRIATE ELIGIBILITY IN THE APPOINTMENT TO THE BUREAU OF FIRE PROTECTION (BFP) AND THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 9263, OTHERWISE KNOWN AS THE "BUREAU OF FIRE PROTECTION AND BUREAU OF JAIL MANAGEMENT AND PENOLOGY PROFESSIONALIZATION ACT OF 2004" AND FOR OTHER PURPOSES

SECTION 1. Section 4 of Republic Act No. 9263 is hereby amended to read as follows:

"SEC. 4. Professionalization and Upgrading of Qualification Standards in the Appointment of Uniformed Personnel to the BFP and the BJMP. — No person shall be appointed as uniformed personnel of the BFP and the BJMP unless he/she possesses the following minimum qualifications:

"a) A citizen of the Republic of the Philippines;

"b) A person of good moral character;

"c) Must have passed the psychiatric/psychological, drug and physical tests for the purpose of determining his/her physical and mental health;

"d) Must possess a baccalaureate degree from a recognized institution of learning;

"e) Must possess the appropriate civil service eligibility;

"f) Must not have been dishonorably discharged or dismissed for cause from previous employment;

"g) Must not have been convicted by final judgment of an offense or crime involving moral turpitude;

"h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male, and one meter and fifty-seven centimeters (1.57 m.) for female: Provided, That a waiver for height and age requirements shall be automatically granted to applicants belonging to the cultural communities; and

"i) Must weigh not more or less than five kilograms (5 kgs.) from the standard weight corresponding to his/her height, age and sex;

"Provided, That a new applicant must not be less than twenty-one (21) nor more than thirty (30) years of age: except for this particular provision, the above-enumerated qualifications shall be continuing in character and an absence of any one of them at any given time shall be a ground for separation or retirement from the service: Provided, further, That the uniformed personnel who are already in the service prior to the effectivity of Republic Act No. 9263 shall be given another five (5) years to obtain the minimum educational qualification and appropriate civil service eligibility to be reckoned from the date of the effectivity of this Act: Provided, furthermore, That concerned BFP and BJMP members who have rendered more than fifteen (15) years of service at the time of the effectivity of this Act shall no longer be required to comply with the aforementioned educational and eligibility requirements. Likewise, those personnel who have acquired National Police Commission (NAPOLCOM) eligibility prior to the effectivity of Republic Act No. 9263 shall no longer be required to obtain the appropriate civil service eligibility: Provided, finally, That within the five-year extension period stipulated herein, the issue of whether or not the BFP shall be devolved to local government units shall be revisited by Congress, and as circumstances demand, be immediately implemented.

"After the lapse of the time period for the satisfaction of a specific requirement, current uniformed personnel of the BFP and the BJMP who will fail to satisfy any of the requirements enumerated under this Section shall be separated from the service if they are below fifty (50) years of age and have served in the government for less than twenty (20) years, or retired if they are from age fifty (50) and above and have served in the government for at least twenty (20) years without prejudice in either case to the payment of benefits they may be entitled to under existing laws."

SECTION 2. Section 10 of Republic Act No. 9263 is hereby amended to read as follows:

"SEC. 10. Promotion System for the Uniformed Personnel of the BFP and the BJMP. — Within six (6) months after the effectivity of this Act, the DILG shall establish a system of promotion for the uniformed personnel of the BFP and the BJMP through the following principles:

"a) Rationalized Promotion System. — The system of promotion shall be based on merits and on the availability of vacant ranks in the BFP and the BJMP staffing pattern. Such system shall be gender-fair so as to ensure that women personnel of the Fire Bureau and the Jail Bureau shall enjoy equal opportunity for promotion as of men;

"b) Requirements for Promotion. —

"1) Any personnel of the BFP and the BJMP shall not be eligible for promotion to a higher rank unless he/she has met the minimum qualification standards or the appropriate civil service eligibility set by the Civil Service Commission (CSC), and has satisfactorily passed the required psychiatric/psychological, drug and physical tests: Provided, however, That concerned BFP and the BJMP personnel who have obtained NAPOLCOM eligibility prior to the effectivity of Republic Act No. 9263 shall be considered to have complied with the appropriate civil service eligibility requirement.

"2) Any personnel of the BFP and the BJMP who has exhibited acts of conspicuous courage and gallantry at the risk of his/her life above and beyond the call of duty, or selected as such in a nationwide search conducted by any accredited civic organization, shall be promoted to the next higher rank: Provided, That these shall be validated by the DILG and the CSC based on established criteria."

SECTION 3. Implementing Rules and Regulations. — The Department of the Interior and Local Government (DILG), in coordination with the BFP, the BJMP, the CSC and the Commission on Higher Education (CHED), shall promulgate within sixty (60) days the necessary rules and regulations for the effective implementation of this Act.

SECTION 4. Separability Clause. — If for any reason, any provision of this Act is declared to be unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 5. Repealing Clause. — All laws, decrees, orders, rules and regulations, and other issuances or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.

SECTION 6. Effectivity Clause. — This Act shall take effect upon its publication in at least two (2) national newspapers of general circulation.

Approved: May 8, 2009