Rules and Regulations Implementing Republic Act No. 11279

September 3, 2019

RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 11279, ENTITLED "AN ACT TRANSFERRING THE PHILIPPINE NATIONAL POLICE ACADEMY (PNPA) AND THE NATIONAL POLICE TRAINING INSTITUTE (NPTI) FROM THE PHILIPPINE PUBLIC SAFETY COLLEGE (PPSC) TO THE PHILIPPINE NATIONAL POLICE (PNP), AMENDING FOR THE PURPOSE SECTIONS 24, 35, 66, 67 AND 68 OF REPUBLIC ACT NO. 6975"

To effectively carry out the provisions of Republic Act (R.A.) No. 11279, the National Police Commission (NAPOLCOM), pursuant to the powers vested in it under Section 8 of the said Act, hereby issues, adopts and promulgates the following rules and regulations, in coordination with the Philippine National Police (PNP), Philippine Public Safety College (PPSC), and the Department of the Interior and Local Government (DILG). The NAPOLCOM may revise and supplement these rules and regulations and issue related guidelines, circulars and other subsidiary issuances as it deems necessary for the effective implementation of this Act.

RULE 1

Title and Scope

SECTION 1. These Implementing Rules and Regulations (IRR) shall be known and cited as the "Rules and Regulations Implementing Republic Act No. 11279 Entitled "An Act Transferring the Philippine National Police Academy (PNPA) and the National Police Training Institute (NPTI) from the Philippine Public Safety College (PPSC) to the Philippine National Police (PNP), Amending for the Purpose Sections 24, 35, 66, 67 and 68 of Republic Act No. 6975."

SECTION 2. These IRR cover all matters relating to the transfer of administrative and operational supervision and control over the Philippine National Police Academy (PNPA) and the National Police Training Institute (NPTI) from the Philippine Public Safety College (PPSC) to the Philippine National Police (PNP); the necessary reorganization of the PPSC; and the smooth and effective transition of the education and training requirements of the Bureau of Jail Management and Penology (BJMP) and Bureau of Fire Protection (BFP) from the PNPA to academies of their own under the administration and supervision of the PPSC and the Department of the Interior and Local Government (DILG).

RULE 2

Objectives

SECTION 1. These IRR shall be construed and implemented to achieve the intended objectives of RA No. 11279 to facilitate the smooth, efficient and effective transition of the administrative and operational supervision and control over the PNPA and the NPTI from the PPSC to the PNP; develop and sustain effectual and competent police education and training systems; improve the administration of education and training programs in the PNP; enhance the quality of police education and training to ensure patriotism, moral uprightness and integrity, professionalism, leadership, competence and discipline among policemen; and to enable and facilitate the seamless transition of the education and training requirements of the BJMP and BFP from the PNPA to academies of their own under the administration and supervision of the PPSC and the DILG.

RULE 3

Definition of Terms

SECTION 1. For purposes of this IRR, the following terms or phrases shall mean or be understood as follows:

a. Administrative Control — the power to regulate actions on administrative matters, to include authority to modify, amend, or rescind decisions, to ensure that organizational objectives and policies are carried out;

b. Administrative Supervision — the power to direct and oversee actions concerning administrative matters towards accomplishment of organizational objectives;

c. BFP — Bureau of Fire Protection;

d. BJMP — Bureau of Jail Management and Penology;

e. Choses in Action — A right to personal things of which the PNP has not the possession, but merely a right of action for their possession, to include the right of the PNP to bring an action in court to recover money, or things, or incorporeal personal properties.

f. DBM — Department of Budget and Management;

g. DILG — Department of the Interior and Local Government;

h. NAPOLCOM — National Police Commission;

i. NFSTI — National Forensic Science Training Institute;

j. NFTI — National Fire Training Institute;

k. NJMPTI — National Jail Management and Penology Training Institute;

l. NPC — National Police College;

m. NPTI — National Police Training Institute;

n. Operational Control — the power to regulate operational actions, to include authority to modify, amend, or rescind decisions on operational matters, to ensure that organizational objectives and policies are carried out;

o. Operational Supervision — the power to direct and oversee actions concerning operational matters towards accomplishment of organizational objectives;

p. PCOs — Police Commissioned Officers;

q. PNCOs — Police Non-Commissioned Officers;

r. PNPA — Philippine National Police Academy;

s. PNTC — Philippine National Training Center;

t. Police Cadets — Cadets of the PNPA who shall be appointed by the Chief, PNP, or upon his authority, by the PNPA Director, and who shall hold the rank of Police Cadet, in temporary status, renewable every year until their graduation or separation from the academy for just cause in accordance with existing laws, rules and regulations, whichever comes first;

u. PPSC — Philippine Public Safety College;

v. SILG — Secretary of the Interior and Local Government;

w. Transition Committee — A committee composed of the SILG, as Chairman, the Vice Chairman and Executive Officer, NAPOLCOM, as Vice Chairman, the PPSC President, and the Heads of the PNP, BJMP and BFP as Members which shall assist the SILG in the formulation and implementation of the Transition Plan.

x. Transition Plan — refers to the plan which outlines the phases of transfer of PNPA and NPTI from the PPSC to the PNP and the necessary processes to effect such transfer.

RULE 4

Grant of Administrative and Operational Supervision and Control Over PNPA and NPTI from PPSC to PNP

SECTION 1. To better achieve the goals of a highly efficient and competent police force, the PNP shall have administrative and operational supervision and control over the PNPA, which was established pursuant to Section 13 of Presidential Decree No. 1184, and the NPTI, formerly known as the "Philippine National Training Center (PNTC)."

RULE 5

NPTI

SECTION 1. The NPTI shall be responsible for the mandatory and leadership trainings of all police non-commissioned officers (PNCOs).

SECTION 2. The NPTI shall be headed by a Director with the rank of Police Major General.

SECTION 3. The following Mandatory and Leadership Courses for PNCOs shall be provided by the NPTI:

a. Public Safety Basic Recruit Course (PSBRC);

b. Public Safety Junior Leadership Course (PSJLC);

c. Public Safety Senior Leadership Course (PSSLC);

d. Public Safety Officers Candidate Course (PSOCC); and

e. Other courses that may hereinafter be developed.

SECTION 4. The NAPOLCOM, in the exercise of its oversight functions, shall have supervision and control over the formulation and implementation of the education and training programs of the NPTI.

SECTION 5. The Chief, PNP, shall, within 120 days from the effectivity of the law, submit the revised table of organization and staffing pattern of the NPTI to the NAPOLCOM and the DBM for approval. The revised table of organization and staffing pattern may include reorganization of the NPTI, reorganization and renaming of existing NPTI training offices and units, and realignment of functions as may be necessary.

The Chief, PNP, within 30 days from approval of the table of organization and staffing pattern of the NPTI, shall submit the table of equipment and allowances of the NPTI to the NAPOLCOM and the DBM for approval.

The PNP shall review, revise, and continuously develop administrative, operation, and academic manuals, consistent with the functions of the NPTI.

SECTION 6. All properties, facilities, records, equipment, funds, choses in action, appropriations, rights, functions, liabilities and other assets of the NPTI are hereby transferred to the PNP.

A joint committee from the PNP, PPSC, and NPTI shall be created to conduct inventory and tagging of properties, preparation of pertinent documents and other related activities which shall be completed before the end of CY 2019.

SECTION 7. All NPTI personnel, occupying plantilla positions, are hereby transferred from the PPSC to the PNP, which shall have administrative and operational supervision and control over them. They shall continue to perform their duties and responsibilities and receive their corresponding salaries, benefits and other emoluments, unless they are removed for just cause in accordance with existing laws, rules and regulations. All other personnel under contracts of service, job order, or other similar agreements duly executed in accordance with laws and rules shall likewise continue to perform their duties and functions until the expiration of their terms of engagement.

NPTI personnel, either in permanent, temporary, contractual, or casual employment status, whose positions shall not be included in the revised table of organization and staffing pattern submitted by the PNP, and approved by the NAPOLCOM and DBM, or who are not reappointed shall be given preference to join the PNP or the PPSC or any of the offices thereunder, if qualified, or shall be allowed to retire under existing retirement laws and rules.

RULE 6

PPSC

SECTION 1. The Philippine Public Safety College (PPSC) shall continue to be the premier educational institution for the training, human resource development, and continuing education of all personnel of the Bureau of Jail Management and Penology (BJMP), Bureau of Fire Protection (BFP) and provider of select mandatory career courses of Police Commissioned Officers (PCOs) and specialized courses for personnel of the PNP.

SECTION 2. The PPSC shall be headed by a President.

SECTION 3. The PPSC shall be under the administrative and operational supervision and control of a Board of Trustees composed of the Secretary of the Interior and Local Government (SILG), as Chairman, and the Heads of the PNP, BJMP, and the BFP as Members.

SECTION 4. The PPSC shall exercise the following duties, powers and functions:

a. Formulate and implement training programs for all personnel of the Fire and Jail Bureaus and other training centers under the DILG;

b. Formulate and implement select mandatory career courses for police commissioned officers;

c. Formulate and implement specialized courses for personnel of the PNP;

d. Establish and maintain adequate physical training facilities; and

e. Develop and implement research and development to support educational training programs.

SECTION 5. The PPSC shall retain and maintain administrative and operational supervision and control over the National Fire Training Institute (NFTI), National Police College (NPC), National Forensic Science Training Institute (NFSTI), National Jail Management and Penology Training Institute (NJMPTI) and other specialized training centers which may be created by the DILG.

a. The NFTI shall provide the necessary courses for the personnel of the BFP;

b. The NPC shall be the provider of the mandatory career courses for PCOs, namely:

b.1 Public Safety Officers Orientation Course (PSOOC);

b.2 Public Safety Officers Basic Course (PSOBC);

b.3 Public Safety Officers Advance Course (PSOAC);

b.4 Public Safety Officers Senior Executive Course (PSOSEC); and

b.5 Other career courses that may hereinafter be developed.

 Provided, that, the PPSC shall consult and coordinate with the NAPOLCOM in the formulation and implementation of the education and training programs for the PCOs.

c. The NFSTI shall provide the following courses:

c.1 Investigation and Detective Course (IDC);

c.2 Traffic Investigation Course (TIC);

c.3 Narcotics Investigation Course (NIC); and

c.4 Other specialized courses that may hereinafter be developed.

d. The NJMPTI shall provide the necessary courses for the personnel of the BJMP.

SECTION 6. The PPSC President, shall, within 120 days from the effectivity of the law, submit the revised table of organization and staffing pattern of the PPSC to the SILG and the DBM for approval. The revised table of organization and staffing pattern may include reorganization of the PPSC, reorganization and renaming of existing PPSC training offices and units, and realignment of functions as may be necessary.

The PPSC President, within 30 days from approval of the table of organization and staffing pattern of the PPSC, shall submit the table of equipment and allowances of the PPSC to the SILG and the DBM for approval.

The PPSC shall review, revise, and continuously develop administrative, operation, and academic manuals, consistent with the functions of the PPSC.

RULE 7

PNPA

SECTION 1. The PNPA is the premier institution for police education, and the primary source of commissionship of Police Lieutenants. The PNPA shall be under the direct administrative and operational supervision and control of the Chief of the PNP.

SECTION 2. The PNPA shall be headed by a PNPA Director with the rank of Police Major General, who shall be assisted by a Deputy Director with the rank of Police Brigadier General. The PNPA shall have a Dean of Academics and a Commandant, both with the rank of Police Brigadier General.

SECTION 3. The NAPOLCOM, in the exercise of its oversight functions, shall have supervision and control over the formulation and implementation of the education and training programs of the PNPA.

SECTION 4. All cadets of the PNPA shall be appointed by the Chief, PNP, or upon his authority, by the PNPA Director. They shall hold the rank of Police Cadet, in temporary status, which shall be renewed every year until their graduation or separation from the academy for just cause in accordance with existing laws, rules and regulations, whichever comes first. Police Cadets shall be entitled to all salaries, benefits and other emoluments given to a Police Executive Master Sergeant, in accordance with the IRR of Republic Act (R.A.) No. 6975.

Candidates for admission into the PNPA must be natural born Filipino citizens; not less than 18 nor more than 22 years of age on the date of appointment; single without parental obligation; at least a Senior High School graduate upon admission; at least 5 feet and 4 inches (162.5cm) for male and 5 feet and 2 inches (157.5cm) for female in height; with weight that corresponds to the applicant's height, gender and age (in reference to BMI); physically and mentally fit to undergo the Cadetship Program; with good moral character (no criminal, administrative and civil derogatory record); without pending complaint and/or case before any tribunal involving moral turpitude and other cases against the State; must not have been dismissed from any private employment or government position for cause; and must have passed the prescribed qualifying examinations. Provided, that, physically and mentally fit sons or daughters of police personnel who have been cited for and awarded the Medalya ng Kagitingan may be appointed as Police Cadets without need of qualifying examinations.

Police Cadets who shall, after entrance to the PNPA but before completion of the prescribed course of training, be found to be physically or mentally unfit for police duty by reason of injury or disease incident to the service, shall be separated from the academy and shall be entitled to applicable disability benefits.

Upon their graduation, Police Cadets shall be conferred the rank of Police Lieutenants, in permanent status.

For a period of five (5) years from the effectivity of the law, the BJMP and the BFP may request the PNP through the PNPA to release ten percent (10%) of the incoming graduating class of the PNPA cadets to the BJMP and the BFP. Provided, that, the five-year period of accommodation may be extended by the PNP upon the request of the BJMP and BFP in case the PPSC is still not able to provide the education and training required by the two bureaus. Provided, further, that, in all cases where an incoming graduating PNPA cadet is released to the BJMP or BFP, the costs of his/her education and training shall be restituted by the PPSC in favor of the PNP immediately and without delay.

SECTION 5. The Chief, PNP, shall, within 120 days from the effectivity of the law, submit the revised table of organization and staffing pattern of the PNPA to the NAPOLCOM and the DBM for approval. The revised table of organization and staffing pattern may include reorganization of the PNPA, reorganization and renaming of existing PNPA training offices and units, and realignment of functions as may be necessary.

The Chief, PNP, within 30 days from approval of the table of organization and staffing pattern of the PNPA, shall submit the table of equipment and allowances of the NPTI to the NAPOLCOM and the DBM for approval.

The PNP shall review, revise, and continuously develop administrative, operation, and academic manuals, consistent with the functions of the PNPA.

SECTION 6. All properties, facilities, records, equipment, funds, choses in action, appropriations, rights, functions, liabilities and other assets of the PNPA are hereby transferred to the PNP.

A joint committee from the PNP, PPSC, and PNPA shall be created to conduct inventory and tagging of properties, preparation of pertinent documents and other related activities which shall be completed before the end of CY 2019.

SECTION 7. All PNPA personnel, occupying plantilla positions, are hereby transferred from the PPSC to the PNP, which shall have administrative and operational supervision and control over them. They shall continue to perform their duties and responsibilities and receive their corresponding salaries, benefits and other emoluments, unless they are removed for just cause in accordance with existing laws, rules and regulations. All other personnel under contracts of service, job order, or other similar agreements duly executed in accordance with laws and rules shall likewise continue to perform their duties and functions until the expiration of their terms of engagement.

PNPA personnel, either in permanent, temporary, contractual, or casual employment status, whose positions shall not be included in the revised table of organization and staffing pattern submitted by the PNP, and approved by the NAPOLCOM and DBM, or who are not reappointed shall be given preference to join the PNP or the PPSC or any of the offices thereunder, if qualified, or shall be allowed to retire under existing retirement laws and rules.

RULE 8

Transition

SECTION 1. The SILG and ex officio Chairman, NAPOLCOM, shall formulate and implement a five-year Transition Plan to ensure the smooth transfer of the PNPA and NPTI from the PPSC to the PNP.

SECTION 2. To better achieve the goals of this Act, a Transition Committee is hereby created composed of the SILG, as Chairman, the Vice Chairman and Executive Officer, NAPOLCOM, as Vice Chairman, the PPSC President, and the Heads of the PNP, BJMP and BFP as Members. The Transition Committee shall, within the five-year transition period, assist the SILG in the following:

a. Ensure the full transfer of the personnel, properties, facilities, records, equipment, funds, choses in action, appropriations, rights, functions, liabilities and other assets of the PNPA and the NPTI from the PPSC to the PNP;

b. Review the organizational development plans and programs of the PNPA and the NPTI;

c. Evaluate, review, revise the competencies of the academic and non-academic personnel of the PNPA and NPTI;

d. Evaluate, review, revise the curriculum and faculty development programs of the PNPA and the NPTI. Provided, that, an efficient transition of the PNPA curriculum should be ensured, taking into account the five-year accommodation period granted to the BJMP and the BFP;

e. Evaluate, review, revise the parameters for the development and establishment of a corps of professors for the PNPA, NPTI and PPSC;

f. Review the training infrastructure, and facilities development program for the PNPA and the NPTI;

g. Develop the education and training capacities of the BJMP and the BFP through the creation and establishment of dedicated academies for their respective cadetship programs; and

h. Such other duties and functions as the SILG may direct which are necessary and proper to carry out his mandate to formulate and implement a five-year Transition Plan for the PNPA and the NPTI.

The SILG, as Chairman of the Transition Committee, may, at his discretion, appoint and designate Technical Working Groups in formulating specific segments of the Transition Plan.

RULE 9

Appropriations

SECTION 1. The funding requirement for FY 2019 by the PNPA and NPTI shall be charged against the appropriations of the PPSC under RA No. 11260, the General Appropriations Act of 2019. The PPSC shall, without delay, administer and supervise the proper obligation and disbursement of funds to the PNPA and NPTI until the end of FY 2019.

For FY 2020, all funds for the PNPA and NPTI shall be allocated directly to the PNP, which will form part of the General Appropriations Act for FY 2020. From FY 2021 onwards, the PNP shall include in its annual appropriations such amounts as may be necessary for the continued implementation of R.A. No. 11279.

RULE 10

Repealing Clause

SECTION 1. All memorandum circulars, resolutions, orders and other issuances or parts thereof which are inconsistent with Republic Act No. 11279 or with these IRR are hereby repealed, amended or modified accordingly.

The NAPOLCOM may revise and supplement these rules and regulations and issue related guidelines, circulars and other subsidiary issuances as it deems necessary for the effective implementation of this IRR.

RULE 11

Separability Clause

SECTION 1. Should any provision of this IRR be declared unconstitutional, the same shall not affect the validity or legality of the other provisions contained herein.

RULE 12

Effectivity

SECTION 1. This IRR shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Adopted this 3rd, day of September 2019, in Quezon City, Metro Manila, Philippines.

(SGD.) EDUARDO M. AÑOChairman

(SGD.) ATTY. ROGELIO T. CASURAOCommissioner

(SGD.) FELIZARDO M. SERAPIO, JR.Commissioner

(SGD.) ATTY. JOB M. MANGENTECommissioner

(SGD.) ZENONIDA F. BROSASCommissioner

(SGD.) OSCAR D. ALBAYALDECommissioner

Published in the Official Gazette, Vol. 115, No. 40, Page 11159 on October 7, 2019.