Rules and Regulations Implementing Republic Act No. 9592

August 24, 2010

RULES AND REGULATIONS IMPLEMENTING 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

Pursuant to Section 3 of Republic Act No. 9592 which took effect on May 27, 2009, the Department of the Interior and Local Government, in coordination with the Bureau of Fire Protection, the Bureau of Jail Management and Penology, the Civil Service Commission and the Commission on Higher Education (CHED), hereby adopts and promulgates the following implementing rules and regulations:

RULE I

Qualifications for Initial Appointment to the BFP and the BJMP and Amendments to the Education and Eligibility Requirements for Incumbent Uniformed Personnel

SECTION 1. General Qualifications for Appointment. —

A. Initial Appointment — No person shall be appointed as uniformed personnel of the BFP and the BJMP unless he/she possesses the following minimum qualifications:

1. A citizen of the Republic of the Philippines;

2. A person of good moral character;

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

4. Must possess a baccalaureate degree from a recognized institution of learning;

5. Must possess the appropriate civil service eligibility;

6. Must not have been dishonorably discharged or dismissed for cause from previous employment;

7. Must not have been convicted by final judgment of an offense or crime involving moral turpitude;

8. Must not be less than twenty-one (21) nor more than thirty (30) years of age; DacASC

9. 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

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

The above-enumerated qualifications shall be continuing in character, except for paragraph 8, and an absence of any one of them at any given time shall be a ground for separation or retirement from the service.

B. Incumbent Uniformed Personnel — All incumbent uniformed personnel of the BFP and the BJMP shall continuously possess the qualifications under Section 1 paragraph A of this IRR, subject to the following:

1. 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 May 27, 2009, the date of the effectivity of Republic Act No. 9592;

2. Incumbent uniformed personnel who have acquired NAPOLCOM eligibility prior to the effectivity of Republic Act No. 9263 shall be considered to have complied with the appropriate civil service eligibility;

3. BFP and BJMP uniformed personnel who do not meet the minimum educational qualification and eligibility requirement, but have rendered more than fifteen (15) years of service at the time of the effectivity of Republic Act No. 9592 shall no longer be required to comply with the aforementioned educational and eligibility requirements. However, they shall not be qualified for promotion to the next higher rank via regular promotion unless they have complied with the educational and eligibility requirements. Nevertheless, they shall be exempted from Section 14, Rule VII and Section 14, Rule XVI of the IRR of RA 9263 or the attrition provision of the law if not promoted within a period of ten (10) consecutive years;

4. Similarly, incumbent BFP and BJMP uniformed personnel with first level civil service eligibility prior to Republic Act No. 9263, shall be appointed in permanent status, provided they met the other requirements of the rank;

5. After the lapse of the five-year reglementary period given to those who have served the BFP or the BJMP for fifteen (15) years or less upon the effectivity of Republic Act No. 9592, current BFP and BJMP uniformed personnel who still fail to satisfy any of the aforementioned requirements 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; Provided, that personnel who have served the government for at least twenty (20) years but whose age is less than fifty (50) may avail of optional retirement.

SECTION 2. Waiver for Initial Appointment to the BFP and the BJMP.—

A. Waiver for height and age, requirement shall be automatically granted by the Chief, BFP and the Chief, BJMP to applicants belonging to the cultural communities; Provided, that applicants who belong to cultural communities must submit proof of their membership in a particular cultural minority as certified by the National Commission on Indigenous People (NCIP) or the Office of Muslim Affairs (OMA).

B. In all other cases, as may be determined and upon recommendation of the BFP Personnel Selection Board in the Regions or the National Headquarters, waiver of age and height requirement may be granted by the Chief, BFP to applicants who possess any of the following:

1. Outstanding scholastic accomplishments, such as being honor graduates, consistent academic scholars, board/bar topnotchers and the like; LexLib

2. Possession of special skills in fire suppression, fire prevention, knowledge and skill in operation of heavy equipment, such as aerial ladder, squirt, lighting tower truck, rescue tender and other apparatus and equipment, rescue and emergency medical services;

3. Holder of professional driver's license with 2 and 3 restriction code;

4. Mechanic with TESDA mechanic trade test certificate with expertise in pump operation, auto diesel engine and auto electrical troubleshooting; or

5. Other skills that will sustain the traditions/other demands of the uniformed service.

Waiver for age and height requirements may only be granted by the Chief, BJMP upon the recommendation of the National or the Regional Recruitment and Selection Board (NRSB/RRSB). The recipient of a waiver in the BJMP shall possess any redeeming qualification, professional competence or skill like:

1. Outstanding scholastic accomplishments, such as being honor graduates, consistent academic scholars, board/bar topnotchers and the like;

2. Possessing a technical skill needed by the BJMP as may be identified by the NRSB/RRSB;

3. Possessing experience of value to the BJMP as may be identified by the NRSB/RRSB; or

4. Possessing an educational qualification higher than or in addition to, the requisite educational or academic requirement.

Provided, that waiver under Section 2 paragraph B hereof may be granted only when the number of qualified applicants falls below the minimum quota, except in cases where an applicant with waiver possesses superior qualifications.

C. Waiver of age requirement under Section 2 paragraph B hereof may be granted provided that the applicant shall not be over thirty-five (35) years of age. For purposes of this paragraph, one is considered to be not over thirty-five (35) years old if he/she has not yet reached his or her thirty-sixth (36th) birthday on the date of the effectivity of his/her appointment; Provided, that in case an applicant was previously with the government service, the age difference when the number of years in the government is subtracted from his/her actual age at the time of appointment must not exceed forty (40) years; Provided, finally, that his/her previous separation from the government service was not for cause;

D. Waiver of height requirement under Section 2 paragraph B hereof may be granted only to a male applicant who is at least 1 meter and 57 centimeters (1.57m) and to a female applicant who is at least 1 meter and 52 centimeters (1.52m); and

E. The height and age requirements shall only be waived subject to the condition that the applicant meets and possesses all other qualification standards.

RULE II

Amendments to Promotion Requirements of BFP and BJMP Uniformed Personnel

SECTION 3. Rationalized Promotion System. — The DILG through the recommendation of the BFP and the BJMP shall establish a system of promotion for uniformed personnel of the BFP and the BJMP which shall be based on merit and fitness in consonance with the Civil Service Law and Rules and on the availability of vacant ranks in the BFP and the BJMP staffing pattern. Such system shall be gender-fair and shall ensure that all members of the Fire Bureau and the Jail Bureau shall enjoy equal opportunity for promotion. IAEcaH

SECTION 4. Modes of Promotion. — The two (2) modes of promotion in the BFP and the BJMP are as follows:

A.Regular Promotion — Any uniformed personnel of the BFP and the BJMP who has met the minimum qualifications for a rank which shall include education, experience, training, and appropriate civil service eligibility, and has satisfactorily passed the required psychiatric/psychological, drug and physical tests shall be eligible for promotion to the next higher rank. For purposes of the eligibility requirement, BFP and BJMP personnel who have obtained NAPOLCOM eligibility prior to the effectivity of Republic Act No. 9263, hereunder classified, shall be considered to have complied with the appropriate civil service eligibility requirement.

1. Holders of the following NAPOLCOM eligibilities may apply for promotion:

a. Up to the Rank of SFO4/SJO4

i. Patrolman (CC)/(MN)

ii. Patrolman Entrance (CC)/(MN)

iii. Patrolwoman (CC)/(MN)

iv. INP Entrance

v. Patrolman First Class (CC)/(MN)

vi. Police Corporal (CC)/(MN)

vii. Police Officer

viii. Police Officer II

ix. Police Officer III

x. PNP Entrance

xi. Senior Police Officer I

xii. Senior Police Officer II

xiii. Senior Police Officer III

xiv. Police Sergeant (CC)/(MN)

xv. Police Officer Third Class (PO 3rd Class) SETaHC

xvi. Fire Officer Third Class (FO 3rd Class)

xvii. Senior Police Officer IV

xviii. Senior Police Officer

b. Up to the Rank of Inspector

i. Police Lieutenant (CC)/(MN)

ii. Police Inspector (taken April 28, 1991 and November 24, 1991)

c. Up to the Rank of Senior Inspector

i. Police Captain (CC)/(MN)

ii. Police Officer Second Class (PO 2nd Class)

iii. Fire Officer Second Class (FO 2nd Class)

iv. Police Senior Inspector

d. Up to the Rank of Chief Inspector

i. Police Major (CC)/(MN)

ii. Police Chief Inspector

iii. Police Inspector (taken April 26, 1992 to April 03, 2004)

e. Up to the Rank of Superintendent

i. Police Lt/Colonel (CC)/(MN)

ii. Police Colonel (CC)/(MN)

iii. Police Superintendent (taken on April 28, 1991 & November 24, 1991)

f. Up to the Rank of Senior Superintendent

i. Deputy Chief of Police (CC)/(MN)

ii. Chief of Police (CC)/(MN)

g. Up to the Highest Rank

i. Police Officer First Class (PO 1st Class)

ii. Fire Officer First Class (FO 1st Class)

iii. Police Superintendent (taken on April 26, 1992 to April 3, 2004)

B. Special Promotion

1. Meritorious Promotion — Any uniformed 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 shall be promoted to the next higher rank; ITScHa

2. Special Promotion based on awards — BFP and BJMP personnel selected for an award in a nationwide search conducted by any accredited civic organization shall be promoted to the next higher rank;

3. On-the-spot promotion — a special promotion granted instantaneously at or near the scene of an incident or occurrence or at any place immediately thereafter to any BFP or BJMP uniformed personnel who has exhibited acts of conspicuous courage and gallantry at the risk of his or her life above and beyond the call of duty conferred by an appointing authority such as Regional Director of the BFP and the BJMP or Chief, BFP and Chief, BJMP as the case may be, DILG Undersecretary for Public Safety, DILG Secretary or the President of the Republic of the Philippines according to his/her sound judgment or discretion which require no further evaluation by the Promotions Board;

4. Posthumous Promotion — any BFP or BJMP uniformed personnel who die in line of duty but eligible for optional retirement should be given rank promotion.

All modes of special promotion shall be validated by the DILG and the CSC based on respective BFP and BJMP established criteria as mandated by existing law.

Considering the peculiar nature of special promotion, qualification standards (QS) for various ranks as approved by the CSC shall not apply. In lieu thereof, specific guidelines for special promotion shall be prepared by the BFP and the BJMP in close coordination with the DILG and the CSC. The guidelines may be amended to conform to the existing conditions and/or when such amendment will serve greater public interest.

RULE III

Final Provisions

SECTION 5. Separability Clause. — If for any reason, any provision hereof is declared to be unconstitutional or invalid, the other sections or provision hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 6. Repealing Clause. — All laws, decrees, memorandum circulars, resolutions, orders and other issuances or parts thereof which are inconsistent with Republic Act No. 9592 and with these Implementing Rules and Regulations are hereby repealed, amended or modified accordingly.

SECTION 7. Implementing Details. — The Department of the Interior and Local Government after consultation with the BFP and the BJMP in coordination with the Civil Service Commission and Commission on Higher Education may amend this Implementing Rules and Regulations or issue such additional rules and regulations as may be necessary to carry into effect the intention of the law or further clarify any part thereof.

SECTION 8. Effectivity. — These Implementing Rules and Regulations shall take effect upon its publication in two (2) newspapers of general circulation.

Done this 24th day of August 2010 at Quezon City, Philippines.

 

(SGD.) HON. AUSTERE A. PANADEROActing SecretaryDepartment of the Interior and Local Government

(SGD.) HON. FRANCISCO T. DUQUE III, MD, MScChairmanCivil Service Commission

(SGD.) PATRICIA B. LICUANAN, Ph.D.ChairmanCommission on Higher Education

Published in the Malaya on August 26, 2010.