Rules and Regulations Implementing the Department of the Interior and Local Government Act of 1990 (R.A. No. 6975)

January 14, 1992

RULES AND REGULATIONS IMPLEMENTING THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ACT OF 1990

RULE I

General Provisions

SECTION 1. Legal Basis and Purpose. — These Implementing Rules and Regulations are hereby issued pursuant to Section 93 of Republic Act No. 6975, otherwise known as the Department of the Interior and Local Government Act of 1990 and hereinafter referred to as the Act, to ensure the smooth, orderly, speedy and effective implementation of the law.

SECTION 2. Coverage, Application and Scope. — These Implementing Rules and Regulations shall cover and apply to all agencies, entities and operating units within the Department of the Interior and Local Government (DILG), hereinafter referred to as the Department, as well as local government units and local officials.

SECTION 3. Declaration of Policy. — It is hereby declared that the policy of the State to promote peace and order, ensure public safety and further strengthen local government capability aimed towards the effective delivery of basic services to the citizenry through the establishment of a highly efficient and competent police force that is national in scope and civilian in character. Towards this end, the State shall bolster a system of coordination and cooperation among the citizenry, local executives and the integrated law enforcement and public safety agencies created under the Act.

The police force shall be organized, trained and equipped primarily for the performance of police functions. Its national scope and civilian character shall be paramount. No element of the police force shall be military nor shall any position thereof be occupied by active members of the Armed Forces of the Philippines.

It is necessary to reorganize the Department in order to make it more capable of assisting the President in the exercise of general supervision over local governments, in promoting local autonomy encouraging community empowerment, and in maintaining public order and safety services.

RULE II

The Department of the Interior and Local Government

SECTION 4. Reorganization of DLG into DILG. — The Department of Local Government is reorganized into the Department of the Interior and Local Government, hereinafter referred to as theDepartment, in accordance with the provisions of the Act.

SECTION 5. Powers and Functions of the Department. — To accomplish its mandate, the Department shall perform the following powers and functions:

a. Assist the President in the exercise of general supervision over local governments;

b. 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;

c. 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;

d. Provide assistance in the preparation of national legislation affecting local governments, law enforcement and public safety;

e. 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;

f. Formulate plans, policies and programs which will meet local emergencies arising from natural and man-made disasters;

g. 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;

h. Organize, train and equip primarily for the performance of police functions, a police force that is national in scope and civilian in character;

i. Perform other functions as may be prescribed by competent authority.

SECTION 6. Organization. — The Department shall consist of the following bureaus, offices and units, as shown in Annex 1.

1.0 DEPARTMENT PROPER

1.1 Office of the Secretary

1.2 Office of the Undersecretaries (2)

1.3 Office of the Assistant Secretaries (3)

1.4 Staff Services

1.4.1 Planning Service

1.4.2 Financial and Management Service

1.4.3 Legal Service

1.4.4 Electronic Data Processing Service

1.4.5 Administrative

2.0 LOCAL GOVERNMENT BUREAUS AND OFFICES

2.1 Bureau of Local Government Supervision

2.2 Bureau of Local Government Development

2.3 National Barangay Operations Office

2.4 Regional Offices and Field Offices

3.0 LOCAL GOVERNMENT ACADEMY

3.1 Board of Trustees

3.2 Office of the Director

3.3 Support Staff

4.0 NATIONAL POLICE COMMISSION

4.1 Office of the Chairman

4.2 Office of the Vice-Chairman and Executive Officer

4.3 Office of Commissioners (3)

4.4 Staff Services

4.4.1 Planning and Research Service

4.4.2 Legal Affairs Service

4.4.3 Crime Prevention and Coordination Service

4.4.4 Administrative Service

4.4.5 Inspection and Monitoring Service

4.4.6 Installations and Logistics Service

4.5 Disciplinary Appellate Boards

4.5.1 National Appellate Boards

4.5.2 Regional Appellate Boards

4.6 Commission’s Regional Offices

5.0 PHILIPPINE NATIONAL POLICE

5.1 Office of the Chief of the PNP

5.2 Office of the Deputy Chief for Administration

5.3 Office of the Deputy Chief for Operations

5.4 Office of the Chief of the Directional Staff

5.5 Inspectorate Division

5.6 National Office

5.6.1 Directional Staff

5.6.2 Services Staff

5.6.3 Special Support Units

5.6.3.1 Administrative Support Units

5.6.3.2 Operational Support Units

5.7 Regional, Provincial and District Offices

5.8 City and Municipal Stations

6.0 BUREAU OF FIRE PROTECTION

6.1 Office of the Chief

6.2 Office of the Deputy Chief

6.3 Office of the Assistant Regional Director

6.4 Provincial and District Offices

6.5 City and Municipal Fire Stations

7.0 BUREAU OF JAIL MANAGEMENT AND PENOLOGY

7.1 Office of the Chief

7.2 Office of the Deputy Chief

7.3 Office of the Assistant Regional Director

7.4 District Jails

7.5 City and Municipal Jails

8.0 PHILIPPINE PUBLIC SAFETY COLLEGE

8.1 Board of Trustees

8.2 Office of the President

8.3 Support Staff

8.4 Philippine National Police Academy

8.5 Fire Service Training Center

8.6 Philippine National Training Center

8.7 National Police College

8.8 Other Special Training Centers as may be created

SECTION 7. Department Proper. — The Department Proper shall consist of the following:

a. Office of the Secretary — The Office of the Secretary shall consist of the Secretary and his immediate staff.

b. Office of the Undersecretaries and Assistant Secretaries — The Secretary shall be assisted by two (2) Undersecretaries, one (1) for local government and the other for peace and order, at least one (1) of whom must belong to the career executive service, and three (3) career Assistant Secretaries, each responsible for each of the following major functions: plans and programs administration and human resource development, and finance and comptrollership.

c. Support Services

(1) Planning Service (PS)

 The Planning Service shall be headed by a Director who shall be appointed by the President upon the recommendation of the Secretary. The PS shall be responsible for providing the Department Proper, Local Government bureaus offices with efficient and effective service relative to planning, programming, research and statistics as well as integrating the plans of the other major organization units of the Department involved in public safety.

(2) Financial and Management Service (FMS)

 The FMS shall be headed by a Director who shall be appointed by the President upon the recommendation of the Secretary The FMS shall be responsible for providing the Department Proper, local government bureaus/offices with efficient and effective staff advice and assistance on budgetary, financial and management improvement matters as well as integrating the budgets of the major units of Department involved in public safety.

(3) Electronic Data Processing Service (EDPS)

 The EDPS shall be headed by a Director who shall be appointed by the President upon the recommendation of the Secretary. The EDPS shall be responsible for providing the Department Proper, local government bureaus/office with adequate and up-to-date data and management information inputs, including monitoring of all field operations, to serve as basis for effective planning, management and control, policy formulation and decision making.

(4) Legal Service (LS)

 The Legal Service shall be headed by Director who shall be appointed by the President upon the recommendation of the Secretary. The LS shall be responsible for providing the Department Proper and the local government bureaus/offices with efficient and effective legal counselling services, assistance to the Secretary in the review or determination of subordinate bodies/agencies, collaboration with the Solicitor General in handling cases affecting the Department Proper and investigation of administrative cases involving Department non-uniformed personnel and local officials.

(5) Administrative Service (AS)

 The Administrative Service shall be headed by a Director who shall be appointed by the President upon the recommendation of the Secretary. The AS shall be responsible for providing the Department Proper, local government bureaus/offices with efficient and effective services relative to human resource development, personnel, records, supplies/equipment, general services, employee welfare, security, custodial work and other kinds of services not related to other services previously mentioned.

SECTION 8. Head of the Department. — The Head of the Department, hereinafter referred to as the Secretary, shall also be ex-officio Chairman of the National Police Commission, and shall be appointed by the President subject to confirmation of the Commission of 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. — The authority and responsibility for the exercise of the Department’s powers and functions shall be vested in the Secretary, who 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.

SECTION 10. Specific Powers and Functions of the Secretary. — The Secretary as department head shall have the following powers and functions:

a. Advise the President on matters relative to the power of general supervision over local governments;

b. Establish appropriate policies and standards for efficient and effective operations of the Department;

c. Promulgate policies, rules and regulations necessary in carrying out the Department goals and objectives;

d. Exercise supervision and control over all bureaus and office under the Department and act as ex-officio Chairman of the National Police Commission;

e. Appoint officers/officials and employees of the Department except as otherwise provided by laws;

f. Act as Chairman of the Boards of Trustees of the Local Government Academy (LGA) and the Philippine Public Safety College (PPSC);

g. Formulate and enforce a system of measuring and evaluating periodically and objectively the performance of the Department and submit the same to the President of the Philippines.

h. Submit periodic reports, including a Quarterly Anti-Crime Operations Report and such other reports as the President and Congress may require;

i. Delegate authority to exercise any substantive or administrative functions to members of the National Police Commission or other officers/officials of rank within the Department;

j. Perform such other functions as may be provided by law or directed by the President.

SECTION 11. Duties of the Undersecretaries and Assistant Secretaries. —

a. Undersecretary for Local Government — shall assist the Secretary in the planning, implementing, monitoring, and evaluation of policies, plans, programs, projects, and budgets pertaining to local autonomy, decentralization, and local governance. As such, he shall supervise the Bureaus of Local Government Development and Local Government Supervision, the National Barangay Operations Office, and Office of Special Projects, and concerned field offices, and act as coordinator of the Local Government Academy.

 He shall also perform other tasks that may be assigned to him from time to time.

b. Undersecretary for Peace and Order — shall assist the Secretary in the planning, implementing, monitoring, and evaluation of policies, plans, programs, projects, and budget pertaining to public safety. As such, he shall supervise the Bureaus of Fire and Jail, and concerned field offices and act as coordinator of the Philippine Public Safety College.

 He shall also perform other tasks that may be assigned to him from time to time.

c. Assistant Secretary for Plans and Programs — shall coordinate the preparation and finalization of plans and programs of all major organizational units of the Department to ensure that all the programs and budgets contribute to the realization of the Department's mission, thrusts, and objectives.

 He shall be responsible in ensuring that the Key Result Areas of the major organizational units formulated and integrated.

d. Assistant Secretary for Finance and Comptrollership — shall coordinate the preparation and finalization of the budgets of all the major organizational units of the Department to ensure that these are integrated and shall contribute to the achievement of the Department's mission, thrusts, and objectives. Additionally, he shall assist the Secretary in the formulation of responsible fiscal and financial policies, systems, and practices and that these are adhered to.

e. Assistant Secretary for Administrative and Human Resource Development — shall coordinate the preparation and finalization of plans and programs related to efficient office administration and development of the human resources of the Department. He shall ensure that policies, systems, and procedures pertaining to these two (2) functions are formalized responsibility adhered to, with special emphasis given to the personnel development of the Department.

RULE III

Local Government Bureaus and Offices

SECTION 12. Function of the Local Government Bureaus and Offices. — The following staff bureaus and staff offices shall perform functions relative to local governments:

a. Bureau of Local Government Development (BLGD)

 The BLGD shall be headed by a Director assisted by an Assistant Director who shall both be appointed by the president upon the recommendation of the Secretary. It shall have the following functions, among others:

(1) Establish and prescribe plans, policies, programs and standards and provide technical assistance to strengthen the administrative, fiscal and technical capabilities of local government office and personnel;

(2) Formulate, prescribe, monitor and periodically evaluate local development policies, plans, programs and projects designed to enhance the participation of local governments in planning and implementation;

(3) Formulate and develop models, standards and technical materials on local government development;

(4) Establish a viable system of strategies and approaches for local governments anchored on citizen’s participation within the wholistic and integrated framework for the development of communities;

b. Bureau of Local Government Supervision (BLGS)

 The BLGS shall be headed by a Director assisted by an Assistant Director who shall both be appointed by the President upon the recommendation of the Secretary.

 It shall have the following functions:

(1) Advise and assist the Secretary in the exercise of the power of general supervision of the President over the local governments, particularly in the formulation and implementation of national laws, policies and standards, concerning local government operations and their personnel;

(2) Provide assistance in the preparation of national legislation affecting local governments in the promotion of local autonomy;

(3) Provide technical and financial assistance as well as secretariat services to the Leagues of Provinces, Cities and Municipalities;

c. National Barangay Operations Office (NBOO)

 The NBOO shall be headed by a Director assisted by an Assistant Director who shall both be appointed by the President upon the recommendation of the Secretary. It shall have the following functions:

(1) Formulate policies, plans and programs that will promote community and citizen’s participation in the political development of the barangay;

(2) Initiate projects on innovative barangay development strategies and approaches in close coordination with the Bureau of Local Government Development;

(3) Provide secretariat services to the Association of Barangay Councils and serve as a clearing house on matters affecting barangay officials' insurance, hospitalization, educational and other benefits as provided by laws;

(4) Establish and update master list of barangays, barangay officials and barangay socio-economic profile;

d. Office of Project Development Services (OPDS)

 The OPDS shall be headed by a Director assisted by an Assistant Director who shall both be appointed by the President upon the recommendation of the Secretary. It shall have the following functions:

(1) Formulate innovative approaches and strategies designed to promote technical capabilities of local governments;

(2) Assist in the development of program components for the implementation of tested and appropriate systems and processes at the local level;

(3) Perform other functions as may be delegated by the Secretary or as provided for by the law.

e. Office of Public Affairs (OPA)

 The OPA shall be headed by a Director to be appointed by the President upon the recommendation of the Secretary. It shall have the following functions:

(1) Provide technical assistance in the modernization and maintenance of a Department-wide micro-telecommunications system;

(2) Establish mechanisms for providing public information, coverages and documentation of the activities of the Department;

(3) Supervise regional information centers in providing the citizenry with relevant information on the program of the Department and the Government's thrust towards the participation of the citizens in the democratic processes;

(4) Prescribe policies, plans, programs and projects to meet local emergencies arising from natural and man-made disasters;

f. Regional and Field Offices

 The Department shall establish, operate and maintain a regional office in each of the administrative regions of the country to implement local government policies, programs and projects of the Department. Each regional office shall be headed by a regional director to be assisted by the present Assistant Regional Director of the Department of the Local Government. The offices of the two (2) other Assistant Regional Directors: one (1) for jail management and penology and another for fire protection shall be attached to the Regional Office.

 Offices which shall be established at the provincial, city, and municipal levels shall be further strengthened to make these field units the implementation base of the Department's local governance functions.

RULE IV

Local Government Academy

SECTION 13. The Local Government Academy (LGA) shall be headed by a Director assisted by an Assistant Director who shall both be appointed by the President upon the recommendation of the Secretary. The academy shall be under the direct supervision of a Board of Trustees composed of the Secretary as Chairman and four (4) other members who shall be appointed by the President upon the recommendation of the Secretary.

It shall be responsible for human resource development and training of local government officials and personnel of the Department Proper and the local government bureau including Regional Field Offices.

The structure and staffing pattern of the LGA shall be prescribed and approved by the Secretary.

RULE V

Relationship of the Department with the Department of National Defense

SECTION 14. Relationship of the Department with the Department of National Defense. — During a period of twenty four (24) months from the effectivity of RA 6975, the Armed Forces of the Philippines (AFP) shall continue its present role of preserving the internal and external security of the State: Provided, That said period may be 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. However, even after the Department has assumed primary responsibility on matters affecting internal security, including the suppression of insurgency, and there are serious threats to national security and public order, such as where insurgents have gained considerable foothold in the community thereby necessitating the employment of bigger tactical forces and the utilization of higher caliber armaments and better armored vehicles, the President, may upon recommendation of the Peace and Order Council, call upon the Armed Forces of the Philippines to assume the primary role and the Philippine National Police (PNP) to play the supportive role in the area concerned.

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 the 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. (Refer to Annexes 2 and 3 for the Memorandum of Agreement and Joint Standard Operating Procedures).

RULE VI

The National Police Commission

SECTION 15. Mandate of the National Police Commission. — The National Police Commission, hereinafter referred to as the Commission, is hereby created to administer and control the Philippine National Police (PNP) in pursuance of the provisions of Section 6, Article XVI of the 1987 Constitution and to effectively discharge the powers and functions provided in the Act.

SECTION 16. Powers and Functions of the Commission. — In conformity with the above mandate, the powers and functions of the Commission shall be as follows:

a. Exercise administrative control over the Philippine National Police;

 The term "administrative control" shall encompass, but is not limited to, the promulgation of policies, standards, plans and programs; the review, approval, reversal or modification of plans and programs relating to personnel, organization, financial requirements, logistics, discipline, benefits, training and education, and operations; the conduct of management audit, performance evaluation and inspection to determine compliance with policies, standards and guidelines; and the adoption of measures to ensure that the PNP is managed effectively, efficiently and economically in the pursuit of its mandated goals;

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;

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 of 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;

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 program;

m. 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;

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 process and administer oaths in connection therewith;

o. Recommend to the President the appointment of the Deputy Chief of the PNP for Operations and Deputy Chief for Administration upon recommendation of the Chief, PNP;

p. Approve the organization by the Chief of the PNP of other essential support units to enhance police operational efficiency and effectiveness;

q. Promulgate a Performance Evaluation System and a Code of Conduct for the PNP;

r. Approve application for optional retirement of PNP members who have accumulated at least twenty (20) years of satisfactory active service;

s. Administer promotional examinations for PNP members;

t. Provide legal services, assistance and advice to the People's Law Enforcement Boards (PLEBS) in hearing and deciding cases against PNP members;

u. Investigate and adjudicate claims for death and disability benefits of PNP members;

v. Deputize governors and mayors as representatives of the Commission in their respective territorial jurisdiction;

w. Promulgate, in coordination with the Secretary of Justice and the Chief of PNP, rules and regulations on the provision of legal assistance to any member of the PNP who is facing before the Prosecutor's Office, the court or any competent body, a charge or charges arising from any incident which is related to the performance of his duty; and

x. Perform such other functions necessary to carry out the provisions of the Act and as the President may direct.

SECTION 17. Composition of the Commission. — The Commission shall be a collegial body within the Department and 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.

SECTION 18. Qualifications of Commission Members. — No person shall be appointed regular member of the Commission unless he is at least thirty-five (35) years of age, 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, or other related discipline and has had experience in law enforcement work for at least five (5) years.

SECTION 19. 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.

SECTION 20. Temporary or Permanent Incapacity of the Chairman. — The President shall designate an Acting Chairman in case of absence due to temporary or permanent incapacity of the Chairman. In case of death or permanent incapacity or disqualification of the Chairman, the Acting Chairman shall act as such until a new Chairman shall have been appointed and qualified.

SECTION 21. Removal from Office. — The members of the Commission may only 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.

SECTION 22. Prohibitions. — The Chairman and members of the Commission shall not, during the continuance in office, engage in the practice of any profession, or intervene, directly or indirectly in the management or control of any private enterprise which in any way may be affected by the functions of their office. They shall not directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office.

SECTION 23. Organizational Structure. —

a. The Commission shall consist of the Commission Proper composed of the offices of Chairman and the four (4) Commissioners; Office of the Vice-Chairman/Executive Officer; the six (6) Staff Services namely, the Planning and Research Service, the Legal Affairs Service, the Crime Prevention and Coordination Service, the Administrative Service, the Inspection and Monitoring Service, and the Installation and Logistics Service; the Disciplinary Appellate Boards consisting of the National Appellate Board and the Regional Appellate Boards; and fifteen (15) regional offices corresponding to Regions 1 to 12, the National Capital Region (NCR), the Cordillera Administrative Region (CAR) and the Autonomous Region in Muslim Mindanao (ARMM).

b. The Commission's regional offices shall be headed by Regional Directors and assisted by Assistant Regional Directors. For administrative purposes, these regional offices shall be attached to the regional offices of the Department.

 The phrase "attached to the regional offices of the Department" shall mean that the Commissions regional offices shall maintain coordinative linkages with the DILG regional offices for purposes of integration of policies and programs and, as far as practicable, be co-located in one building for purposes of economy and better coordination.

SECTION 24. Functions of Various Offices of the Commission. — The following are the functions, duties and responsibilities of the Commission and its various units:

a. The Commission which is a collegial body of one (1) Chairman and four (4) Commissioners shall be responsible for the effective discharge of all functions vested in it under the Constitution and Republic Act No. 6975 as defined under Section 14 thereof.

b. The Chairman shall preside over the en banc meetings of the Commission.

c. The different staff services shall have the following functions:

(1) The Planning and Research Service 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 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 opinion arising from the administration and operation of the Philippine National Police and the Commission.

(3) The Crime Prevention and Coordination Service 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 Administrative Service 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.

(5) The Inspection and Monitoring Service 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 Commission's programs and projects relative to law enforcement.

(6) The Installations and Logistics Service shall review the Commission's plans and programs 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.

d. The Commission's formal administrative disciplinary appellate machinery consisting of the National Appellate Board and the Regional Appellate Boards shall have the following functions:

(1) The National Appellate Board (NAB) shall decide cases on appeal from decision rendered by the PNP chief involving demotion and dismissal from the service.

(2) The Regional Appellate Board (RAB) shall decide cases on appeal from decisions of the People's Law Enforcement Board (PLEB) when the penalty imposed is demotion in rank, forced resignation or dismissal from the service, as well as decisions of the PNP Regional Directors in Summary dismissal cases and appeals from decisions of the mayors.

e. The Commission's regional offices shall implement the policies and programs of the Commission in their respective regions. The regional offices shall likewise perform the function of adjudication of death and permanent and temporary disability benefit claims, subject to standards set by the Commission.

 They shall, through the office of legal counsels, act as legal consultants of the PLEBs and provide, whenever necessary, legal services, assistance and advice to the PLEBs in hearing and deciding cases against officers and members of the PNP, especially those involving difficult questions of the law.

SECTION 25. Qualifications of Regional Directors. — No person shall be appointed regional director unless:

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.

RULE VII

The Philippine National Police

A. Organization

SECTION 26. Creation of the Philippine National Police. —

a. The Philippine National Police is hereby established, initially consisting of the members of the police forces who were integrated into the Integrated National Police pursuant to Presidential Decree No. 765, and the officers and enlisted personnel of the Philippine Constabulary. The Officers and enlisted personnel of the PC shall include those assigned with the Narcotics Command or the Criminal Investigation Service, and those of the technical services of the Armed Forces of the Philippines assigned with the PC and the civilian operatives of the CIS. The regular operatives of the abolished NAPOLCOM Inspection, Investigation and Intelligence Branch may also absorbed by the PNP. In addition, PC officers or enlisted personnel may transfer to any of the branches or services of the Armed Forces of the Philippines in accordance with the provisions of Section 85 of the Act.

b. To qualify for transfer to the PNP units in Metropolitan Manila and in highly urbanized cities, the personnel concerned must have completed not less than second year collegiate work or its equivalent in training or seventy-two (72) collegiate units.

c. Personnel with pending administrative or criminal case or adjudged liable or convicted of any crime pending appeal shall be allowed to join the PNP provisionally without prejudice to final judgment by a board or court of competent jurisdiction.

d. Subject to existing laws and regulations, the permanent civilian employees of the present PC, INP, Narcotics Command, CIS, and the technical services of the AFP assigned with the PC, including the NAPOLCOM hearing officers holding regular items as such shall be absorbed by the Department as employees thereof.

SECTION 27. Powers and Functions of the Philippine National Police:

a. Enforce all laws and ordinances relative to the protection of lives and properties;

b. Maintain peace and order and take all necessary steps to ensure public safety;

c. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution;

d. Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws;

e. Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the Constitution;

f. Issue licenses for the possession of firearms and explosives in accordance with law;

g. Supervise and control the training and operation of security agencies and issue licenses to operate security agencies, and to security guards and private detectives for the practice of their professions; and

h. Perform such other duties and exercise all other functions as may be provided by law.

SECTION 28. Absorption of the Functions of PAF-SECOM and the Police Functions of the Coast Guard. — The PNP shall absorb all the functions of the present Philippine Air Force Security Command (PAFSECOM), as well as the police functions of the Coast Guard. In order to perform its powers and functions efficiently and effectively, the PNP shall be provided with adequate land, sea and air capabilities and all necessary material means or resources.

SECTION 29. Organization and Key Positions. —

a. The PNP shall be headed by a Chief with the rank of Director General who shall be assisted by two (2) deputy chiefs with the rank of Deputy Director General, one (1) for administration who shall be second in command and one (1) for operations who shall be the third in command, both of whom shall be appointed by the President upon recommendation of the Commission from among the most senior and qualified officers in the service. No officer who has retired or is retirable within six (6) months from his compulsory retirement age shall be appointed as Chief of the PNP.

b. The PNP shall be composed of a national office, regional offices, provincial offices, district offices and city and municipal stations.

c. The PNP shall maintain its national office in Metropolitan Manila where it shall house the directorial staff, service staff and special support units.

 The head of the directorial staff with the rank of Deputy Director General shall be known as Chief of the Directorial Staff of the PNP.

 The heads of the various staff divisions in the directorial staff shall have the rank of Director with the position title of Director of the Directorial Staff of their respective functional divisions.

 The head of the Inspectorate Division with the rank of Chief Superintendent shall assume the position title of Inspector General.

 The heads of the administrative and operational support divisions shall have the rank of Chief Superintendent.

d. The PNP shall have regional offices, including that of the National Capital Region, which may be divided into two (2) separate regions, without prejudice to the pertinent provisions of the Organic Act for the Autonomous Region of the Cordilleras and Muslim Mindanao relative to the creation of a regional police force in the area of autonomy. Each of these regional offices shall be headed by a Regional Director with the rank of Chief Superintendent.

e. There shall be a PNP office in every province of the country headed by a Provincial Director with the rank of Senior Superintendent. In the case of large provinces, police districts may be established by the Commission, headed by a District Director with the rank of Superintendent.

f. Every city and municipality in the country shall have a PNP station, each headed by a Chief of Police with the rank of Chief Inspector.

SECTION 30. Organizational Structure and Staffing Pattern. — The Chief of the PNP shall, within sixty (60) days from the effectivity of the Act and in accordance with the broad guidelines set forth therein, recommend the organizational structure and staffing pattern of the PNP to the Commission.

SECTION 31. Powers and Functions of the PNP Chief. —

a. The command and direction of the PNP shall be vested in the Chief of the PNP who shall have the power to direct and control tactical as well as strategic movements, deployment, placement, utilization of the PNP or any of its units and personnel, including its equipment, facilities and other resources. Such command and direction of the Chief of the PNP may be delegated to subordinate officials with respect to the units under their respective commands, in accordance with the rules and regulations prescribed by the Commission.

b. The Chief of the PNP shall also have the power to issue detailed implementing policies and instructions regarding personnel, funds, properties, records, correspondence and such other matters as may be necessary to effectively carry out the functions, powers and duties of the Bureau.

SECTION 32. Manning Levels. — a. On the average nationwide, the manning levels of the PNP shall be approximately in accordance with a police-to-population ratio of one (1) policeman for every five hundred (500) persons. The actual strength of city and municipal police stations shall depend on the state of peace and order, population density and actual demands of the service in the particular area: Provided, that the minimum police-to-population ratio shall not be less than one (1) policeman for every one thousand (1,000) persons: Provided, further, that the urban areas, shall have a higher minimum police-to-population ratio as may be prescribed by the Commission: Provided, finally, that the police-to-population ratio as prescribed herein shall not include the mobile forces that may be created for counter-insurgency operations and other contingencies subject to the approval of the National Police Commission.

SECTION 33. Rank Classification. — For purposes of efficient administration, supervision and control, the rank classification of the members of the PNP shall be as follows:

Director General	-	DG
Deputy Director General	-	DDG
Director	-	Dir
Chief Superintendent	-	Chief Supt
Senior Superintendent	-	Sr Supt
Superintendent	-	Supt
Chief Inspector	-	Chief Insp
Senior Inspector	-	Sr Insp
Inspector	-	Insp
Senior Police Officer IV	-	SPO IV
Senior Police Office III	-	SPO III
Senior Police Officer II	-	SPO II
Senior Police Officer I	-	SPO I
Police Officer III	-	PO III
Police Officer II	-	PO II
Police Officer I	-	PO I

SECTION 34. Cadets of the PNPA. — The cadets of the PNPA shall be considered above the rank of Senior Police Officer IV but below the rank of Inspector.

SECTION 35. General Qualifications for Appointment. — No person shall be appointed as officer or member of the PNP unless he/she possesses the following minimum qualifications:

a. A citizen of the Philippines;

b. A person of good moral conduct;

c. Of sound mind and body;

d. Must possess a formal baccalaureate degree for appointment as officer and must have finished at least second year college or the equivalent of seventy-two (72) collegiate units for appointment as non-officer or an equivalent training or experience if he was already in the service on January 1, 1991;

e. Must be eligible in accordance with the standards set by the Commission;

f. Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in the Government;

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;

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

j. For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age.

k. There shall be no waiver on the minimum qualifications stated above.

SECTION 36. Appointment of PNP Officers and Members. — The appointment of the officers and members of the PNP shall be in the following manner and in accordance with the vacancy/quota allocated by the Chief, PNP:

a. Police Officer I to Senior Police Officer IV shall be appointed by the PNP Regional Director for regional personnel of by the Chief of the PNP for the personnel of national headquarters and support units, subject to attestation by the Civil Service Commission.

b. Inspector to Superintendent shall be appointed by the Chief of the PNP, upon recommendation of their immediate superiors and subject to attestation by the Civil Service Commission

c. Senior Superintendent to Deputy Director General shall be appointed by the President of the Philippines upon recommendation of the Chief of the PNP with proper endorsement by the Chairman of the Civil Service Commission and subject to confirmation by the Commission on Appointments; and

d. 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: Provided, That the Chief of the PNP shall serve a term of office not to exceed four (4) years: Provided, finally, That in times of war or other national emergency declared by Congress, the President may extend such term of office.

 For purposes of this Section, an officer is one who holds the rank of Inspector or higher, and a non-officer or member is one who holds the rank of Senior Police Officer IV or lower.

SECTION 37. Examinations for Policemen. — Qualifying entrance examinations for policemen shall be administered by the Civil Service Commission on the basis of the standards set by the NAPOLCOM.

SECTION 38. Lateral Entry of Officers into the PNP. — In general, all entrance appointments to the officers' ranks in the PNP shall commence with the rank of Inspector, including those with highly technical qualifications applying for the PNP technical services, such as dentists, nurses, engineers, optometrists and graduates of forensic sciences. Doctors of medicine, members of the Bar and chaplains shall be appointed to the rank of Senior Inspector in their particular technical service.

An officer joining the PNP technical services thru lateral entry shall serve exclusively in the technical service where he/she was appointed or in the allied services.

Licensed criminologists may be appointed to the rank of Inspector to fill up any vacancy after promotions from the ranks are completed.

SECTION 39. Appointment of Graduates of PNPA. — Graduates of the Philippine National Police Academy shall be automatically appointed to the initial rank of Inspector.

SECTION 40. Power to Administer Oaths. — Officials of the Commission who are appointed by the President, as well as officers of the PNP with the rank of Inspector or higher shall have the power to administer oaths on matters which are connected with the performance of their official duties.

SECTION 41. Qualifications of Chief of City and Municipal Police Stations:

a. No person may be designated Chief of a city police station unless he holds a bachelor's degree from a recognized institution of learning or has served in the former Philippine Constabulary or in any police department of any city or municipality with the rank of Captain or its equivalent for at least three (3) years.

b. No person may be designated Chief of a municipal police station unless he holds a bachelor's degree from a recognized institution of learning or has served as officer in the former Philippine Constabulary or in the police department of any city or municipality for at least two (2) years with the rank of Lieutenant or its equivalent.

c. A member of the bar with at least five (5) years experience in active law practice and who possesses the general qualifications under Section 30 of the Act shall be qualified for designation as chief of the city or municipal police station: Provided, That the Chief of Police shall be designated, in accordance with the provisions of Section 51, paragraph (b), subparagraph (4) (i) of the Act.

SECTION 42. Support Units. — The Chief of the PNP shall be supported by, the following administrative and operational support units with each unit headed by a Director with the rank of Chief Superintendent.

a. Administrative Support Units

(1) Crime Laboratory. — A central Crime Laboratory shall be established which shall provide scientific and technical investigative aid and support to the PNP and other government investigative agencies. It shall also provide crime laboratory examination, evaluation and identification of physical evidence involved in crime with primary emphasis on their medical, chemical, biological and physical nature. Regional and city crime laboratories may be established in the interest of public service.

(2) Logistics Unit. — The Logistics Unit shall be responsible for the procurement, distribution and management of all logistical requirements of the PNP including firearms and ammunitions. It shall implement the acquisition of sea and air capability resources for an effective and efficient PNP.

(3) Communications Unit. — The Communications Unit shall be responsible for establishing an effective and efficient communications network designed to link all levels of PNP command. It shall also consider effective and timely linkages with various police forces in the international community.

(4) Computer Center. — The Computer Center shall be responsible for the design, implementation and maintenance of an efficient, effective and updated data base system in the PNP. It shall endeavor to keep abreast with the latest information technology.

(5) Finance Center. — The Finance Center shall be responsible for providing efficient finance services to the PNP.

(6) Civil Security Unit. — The Civil Security Unit shall provide administrative services and general supervision over the organization, business operations and activities of all organized private detectives, watchmen, security guard agencies and company guard forces.

 It shall likewise supervise the licensing and registration of firearms and explosives.

 The approval of applications for licenses to operate private security agencies, as well as the issuance of licenses to security guards and the licensing of firearms and explosives shall be decentralized to the PNP regional offices.

b. Operational Support Units

(1) Maritime Police Unit. — The Maritime Police Unit shall perform all police functions over Philippine territorial waters and rivers including ports of entry and exit. However, the Chief, PNP may task other units for this function, as may be necessary.

(2) Police Intelligence Unit. — The Police Intelligence Unit shall serve as the intelligence and counterintelligence operating unit of the PNP.

(3) Police Security Unit. — The Police Security Unit shall provide appropriate security for government officials, visiting dignitaries and private individuals authorized to be given protection, as may be prescribed by the Commission;

(4) Criminal Investigation Unit. — The Criminal Investigation 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 syndicates and organizations.

 This unit 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 exclusively to the National Bureau of Investigation (NBT).

(5) Special Action Force. — The Special Action Force shall serve as a mobile strike force or reaction unit to augment regional, provincial, municipal and city police forces for civil disturbance control, counter-insurgency, hostage-taking rescue operations and other special operations.

(6) Narcotics Unit. — The Narcotics Unit shall enforce all laws relative to the protection of the citizenry against dangerous and other prohibited drugs and substances.

(7) Aviation Security Unit. — The Aviation Security Unit in coordination with the airport authorities, shall secure all the country's airports against offensive and terroristic acts that threaten civil aviation, exercise operational control and supervision over all agencies involved in airport security operations, and enforce all laws, and regulations relative to air travel protection and safety.

(8) Traffic Management Unit. — The Traffic Management Unit shall enforce all traffic laws and regulations to ensure the safety of motorists and pedestrians and attain an orderly traffic.

(9) Medical and Dental Centers. — The Medical and Dental Centers shall be responsible for providing efficient and timely medical and dental services for PNP personnel only.

(10) Civil Relations Unit. — The Civil Relations Unit shall implement plans and programs that will promote community and citizen's participation in the maintenance of peace and order and public safety. Toward this end, the voluntary services of social and civic-spirited individuals or organizations shall be organized and coordinated to ensure a cohesive and effective police community relations program.

 To further enhance police operational efficiency and effectiveness, the Chief of the PNP may constitute additional support units as may be necessary, subject to the prior approval of the Commission: Provided, That no additional support unit headed by an officer with the rank of Chief Superintendent or a higher rank may be created unless expressly provided by law.

B. Professionalism, Welfare and Benefits

SECTION 43. Status of Members of the Philippine National Police. — All members of the PNP shall be considered employees of the National Government and shall draw their salaries therefrom: Provided, That PNP members assigned in Metropolitan Manila, chartered cities and first class municipalities may be paid an additional monthly allowance by the Local Government unit concerned. Other classes of municipalities may also provide additional allowance for PNP units within their territorial jurisdiction, when financial resources warrant.

SECTION 44. Performance Evaluation System. — a. The National Police Commission shall issue the necessary rules and regulations for the orderly administration of the performance evaluation system in the PNP. Such performance evaluation system shall be administered in such manner as to foster the improvement of individual efficiency and behavioral discipline as well as the promotion of organizational effectiveness and respect for the constitutional and human rights of the citizens, democratic principles and ideals and the supremacy of civilian authority over the military.

b. The Commission shall likewise prescribe corresponding standards for a fair and equitable rating system in the PNP which shall take into account the results of the annual physical, psychological and neuro-psychiatric examinations conducted on the PNP officer or member by the PNP Medical Centers/units.

c. A Code of Conduct shall also be promulgated by the Commission for the members of the PNP.

SECTION 45. Promotions. — Promotions in the PNP shall be based strictly on merit and qualifications. Length of service in present rank or grade or a totality of service to include service in the PC/INP or any government agency shall be considered only in order to resolve the equality in merits and qualifications. In addition, no member of the PNP shall be eligible for promotion to a higher position or rank unless he/she meets the following:

a. Successful passing of the corresponding promotional examination given by the Commission or the Bar or corresponding board examination for technical services and other professions;

b. Satisfactory completion of an appropriate and accredited course in the PNPA or equivalent training institutions;

c. Clearance from the People's Law Enforcement Board (PLEB) where complaints have been proffered against him, if any; and

d. Attainment of the minimum length of service in present rank or grade (time-in-grade) prescribed by the Commission.

Special promotion may be extended to any member of the PNP after an appropriate deliberation and favorable recommendation by a PNP Board premised under any of the following:

a. For acts of conspicuous courage and gallantry at the risk of his/her life above or beyond the call of duty; and

b. Selection as an outstanding member in a nationwide search conducted by the PNP, Civil Service Commission or by any accredited civic organization.

SECTION 46. Compulsory Retirement. — Compulsory retirement, for officers and non-officers, shall be upon the attainment of age fifty-six (56): Provided, That in case of any officer with the rank of Chief Superintendent, Director or Deputy Director General, the Commission may allow his retention in the service for one (1) year without further extension.

SECTION 47. 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.

SECTION 48. Preparation of Detailed Implementing Guidelines. — Within sixty (60) days from the promulgation of these IRR, the Commission shall prepare and issue detailed implementing guidelines on (a) the organization and operations of the PLEB and administrative disciplinary machinery (Refer to Annex 4), (b) participation of local executives in the administration of the PNP (Refer to Annex 5), and (c) promotions within the PNP.

RULE VIII

Bureau of Fire Protection

SECTION 49. Creation and Composition. — A Bureau of Fire Protection, otherwise referred to as the Fire Bureau, is hereby created. It shall initially consist of the existing officers and uniformed members of the fire service of the Integrated National Police as constituted under Presidential Decree No. 765.

SECTION 50. Powers and Functions. — The Fire Bureau shall be responsible for the prevention and suppression of all destructive fires on buildings, houses, and other structures, forests, land transportation vehicles and equipment, ships or vessels docked at piers or wharves or anchored in major seaports, petroleum industry installations, plane crashes and other similar incidents, as well as the enforcement of the Fire Code including those existing powers and functions delegated to the Station Commanders, Provincial Superintendent, Regional Directors, Director General, INP and Secretary of National Defense, shall now be exercised by the city/municipal Fire Marshals, Provincial Fire Marshals, Director of the Fire Bureau and the Secretary of the Department of the Interior and Local Government, respectively.

The Fire Bureau shall have the power to investigate all causes of fires and, if necessary, file the proper complaints with the city or provincial prosecutor, who has jurisdiction over the case.

SECTION 51. Organization and Key Positions. — The Fire Bureau shall be headed by a Chief with the rank of Director. He shall be assisted by a Deputy Chief with the rank of Chief Superintendent.

The assistant heads of the Department's regional offices with the rank of Senior Superintendent shall assume the position title of Assistant Regional Director for Fire Protection under the operational supervision and control of the Fire Chief and as such shall exercise direct supervision over the Provincial and City/Municipal Fire Marshals. However, for maximum efficiency and effectiveness, the office of the ARD shall be attached to the office of the DILG Regional Director in the areas of administrative and fiscal services.

The heads of the NCR district offices with the rank of Senior Superintendent shall have the position title of District Fire Marshal.

The Bureau shall be composed of provincial offices, district offices and city or municipal stations.

At the provincial level, there shall be an office of the Provincial Fire Marshal with the rank of Superintendent who shall implement the policies, plans and programs of the Department; and monitor, evaluate and coordinate the operations and activities of the fire service operating units at the city and municipal levels. In case of large provinces, provincial district offices may be established, to be headed by a Provincial District Fire Marshal with the rank of Chief Inspector.

At the city or municipal level, there shall be a fire station, each headed by a City or Municipal Fire Marshal with the rank of Senior Inspector: Provided, That in the case of large cities and municipalities, a City/Municipal district office with subordinate fire stations and headed by a City/Municipal District Fire Marshal with the rank of Inspector may be organized as necessary.

The Fire Chief shall, within twelve (12) months from the effectivity of the Act, recommend to the secretary the organizational structure and staffing pattern, as well as the disciplinary machinery for officers and men of the Bureau, in accordance with the guidelines set forth in the Act.

Pending the establishment of the disciplinary machinery, erring officers and men of the Bureau shall be dealt with in accordance with the existing Civil Service rules and regulations on the matter.

SECTION 52. Participation of Local Government Units. — The Local Government Units at the City and Municipal levels shall render support for the efficient and effective performance of the role of the Fire Service in the event of emergencies and/or mobilization services such as rescue and evacuation of injured people at fire-related incidents and, in general, to assist the promotion of fire safety programs being implemented by the Bureaus' field/line units.

They shall also provide the necessary land or site of the fire station.

SECTION 53. Establishment of Fire Station. — There shall be established at least one (1) fire station, with adequate personnel, firefighting facilities and equipment in every provincial capital, city and municipality subject to the standards, rules and regulations as may be promulgated by the department.

SECTION 54. Qualification Standards. — The qualification standards of the members of the fire Bureau shall be as prescribed by the Department upon recommendation of the Fire Bureau Chief and subject to the approval of the Civil Service Commission.

SECTION 55. Rank Classification. — For purposes of efficient administration, supervision and control, the rank classification of the members of the Fire Bureau shall be as follows:

Director

Chief Superintendent

Senior Superintendent

Superintendent

Chief Inspector

Senior Inspector

Inspector

Senior Fire Officer IV

Senior Fire Officer III

Senior Fire Officer II

Senior Fire Officer I

Fire Officer III

Fire Officer II

Fire Officer I

SECTION 56.  Creation of Board of Officers. — The Bureau shall create a Board of Officers which shall take of the following tasks relative to personnel of the Fire Bureau:

a. Adjustment of ranks;

b. Establishment of one (1) lineal roster of officers;

c. Establishment of One (1) lineal roster of non-officers; and

d. Rationalization of compensation and retirement systems.

SECTION 57. Preparation of Fire Manual. — To ensure effective observance of these Implementing Rules and Regulations, the Fire Bureau Chief shall within sixty (60) days from the issuance hereof prepare a Fire Manual detailing the organization, administration and operation of the Fire Bureau down to its lowest units, to include the appointment of its uniformed personnel, subject to the approval of the Secretary.

SECTION 58. Funding. — The Fire Bureau shall have its own annual appropriations to be determined by the secretary upon recommendation of the Fire Bureau Chief.

The share of the Fire Bureau from the 1991 PNP budget shall constitute the Bureau budget for 1991.

RULE IX

Bureau of Jail Management and Penology

SECTION 59. Creation and Composition. — The Bureau of Jail Management and Penology, otherwise referred to as the Jail Bureau is hereby created. It shall initially consist of officers and uniformed members of the Jail Management and Penology Service as constituted under Presidential Decree No. 765 composed of the following:

a. Those assigned with the offices of the Jail Management and Penology covered by appropriate orders issued by competent authority and existing as of January 2, 1991;

b. Those civilian employees issued appointments as jail guards; and

c. Those who entered the INP by way of lateral entry as penologist.

 In places where there are no or insufficient Jail personnel, the PNP shall upon request assign on detail service with the jail station concerned enough PNP uniformed personnel who shall be under operational control of the concerned jail management and penology officer to undertake Jail service functions, until such time as the recruitment of jail personnel shall have been completed.

SECTION 60. Powers and Functions. — The Jail Bureau shall exercise supervision and control over all city and municipal jails. The provincial jails, however, shall be supervised and controlled by the provincial governments. Expenses for the Provincial Jail shall be subsidized by the National Government for not more than three (3) years after the effectivity of the Act.

SECTION 61. Organization and Key Positions. — The Jail Bureau shall be headed by a Chief with the rank of Director. He shall be assisted by a deputy chief with the rank of Chief Superintendent.

The assistant heads of the department's regional offices with the rank of Senior Superintendent shall assume the position title of Assistant Regional Director of Jail Management and Penology as provided by Section 11 of the Act under the operational supervision and control of the Jail Chief and as such shall exercise direct supervision over the District/City and Municipal Jail Wardens. However, for maximum efficiency and effectiveness, their offices shall be attached to the office of DILG Regional Director in the areas of administrative and fiscal services.

The heads of district offices with the rank of Chief Inspector shall have the position title of District Jail Warden.

The Jail Bureau shall be composed of city and municipal jails each headed by a City or Municipal Jail Warden with the rank of Senior Inspector: Provided, That, in the case of large cities and municipalities, a City/Municipal District jail with subordinate jails headed by a City/Municipal District Jail Warden with the rank of Inspector may be established as necessary.

The Chief of the Jail Bureau shall, within twelve (12) months from the effectivity of the Act, recommend to the Secretary the organizational structure and staffing pattern of the Bureau as well as the disciplinary machinery for officers and men of the Bureau accordance with the guidelines set forth in the Act.

Pending the establishment of the disciplinary machinery, erring officers and men of the Bureau shall be dealt with in accordance with the existing Civil Service rules and regulations on the matter.

SECTION 62. Establishment of District, City or Municipality Jail. — There shall be established and maintained in every district, city and municipality a secured, clean, adequately equipped and sanitary jail for the custody and safekeeping of city and municipal prisoners, any fugitive from justice, or person detained awaiting investigation or trial and/or transfer to the national penitentiary, and/or violent mentally ill person who endangers himself or the safety of others, duly certified as such by the proper medical or health officer, pending the transfer to a mental institution.

The municipal or city jail service shall preferably be headed by a graduate of a four (4) year course in psychology, psychiatry, sociology, nursing, social work or criminology who shall assist in the immediate rehabilitation of individuals or detention of prisoners. Great care must be exercised so that the human rights of these prisoners are respected and protected, and their spiritual and physical well-being are properly and promptly attended to.

SECTION 63. Rank Classification. — For purposes of efficient administration, supervision and control, the rank classification of the members of the Jail Bureau shall be as follows:

Director

Chief Superintendent

Senior Superintendent

Superintendent

Chief Inspector

Senior Inspector

Inspector

Senior Jail Officer IV

Senior Jail Officer III

Senior Jail Officer II

Senior Jail Officer I

Jail Officer III

Jail Officer II

Jail Officer I

SECTION 64. Qualification Standards. — The qualification standards of the personnel of the Jail Bureau shall be as prescribed by the Department, upon recommendation of the Jail Bureau Chief and subject to the approval of the Civil Service Commission.

SECTION 65. Creation of Board of Officers. — The Bureau shall create a Board of Officers which shall take care of the following tasks relative to personnel of the Jail Bureau:

a. Adjustment of ranks;

b. Establishment of one (1) lineal roster of officers;

c. Establishment of one (1) lineal roster of non-officers;

d. Rationalization of compensation and retirement system.

SECTION 66. Preparation of Jail Management and Penology Manual. — To ensure effective observance of these Implementing Rules and Regulations, the Jail Bureau Chief, shall, within sixty (60) days from the issuance hereof, prepare a Jail Management and Penology Manual detailing the organization, administration and operation of the Jail Bureau down to its lowest units, to include the appointment of its uniformed personnel, subject to the approval of the Secretary.

SECTION 67. Funding. —The Jail Bureau shall have its own annual appropriations to be determined by the Secretary upon recommendation of the Jail Bureau Chief.

The share of the Jail Bureau in the 1991 PNP budget shall constitute the Jail Bureau budget for 1991.

RULE X

The Philippine Public Safety College

SECTION 68. Creation of the Philippine Public Safety College (PSP). — There is hereby created a Philippine Public Safety College (PPSC) which shall be the premier educational institution for training, human resource development and continuing education of all personnel of the PNP, Fire and Jail Bureaus. It shall have an organizational structure and staffing pattern that is non-uniformed in character.

SECTION 69. Board of Trustees. — A Board of Trustees composed of the Secretary as Chairman and the Chief of the PNP, Fire and Jail bureaus as members shall have direct supervision over the PPSC.

SECTION 70. Composition. — The PPSC shall consist of the present Philippine National Police Academy (PNPA) established pursuant to Section 13 of Presidential Decree No. 1184, the Fire Service Training Center, the Philippine National Training Center (PNTC), the National Police College, and other special training centers as may be created by the Department.

SECTION 71. Functions. — The PPSC shall have the following functions:

a. Formulate and implement training programs for personnel of the PNP, Fire and Jail bureaus;

b. Establish and maintain adequate physical training facilities;

c. Develop and implement research and development to support education training programs;

d. Conduct an assessment of the training needs of all its clientele; and

e. Perform such other related functions as may be prescribed by the Secretary.

SECTION 72. Organization and Staffing Pattern. — The structure and staffing pattern of the PPSC shall be prescribed by the Secretary.

The PPSC head shall, within sixty (60) days from the effectivity of the Act, recommend to the Secretary the organizational structure and staffing pattern for personnel of the College.

SECTION 73. Detail of Uniformed Personnel. — The uniformed personnel from the PNP, Fire and Jail Bureaus may be assigned to the faculty staff of the PPSC on detail status.

SECTION 74. Qualification Standards. — The qualification standards of the organic personnel of the PPSC shall be as prescribed by the Department, upon recommendation of the PPSC head and subject to the approval of the Civil Service Commission.

SECTION 75. Funding. — The PPSC shall have its own annual appropriation, to be determined by the Secretary upon recommendation of the PPSC head.

For 1991, however, all funds of the PNP, Fire and Jail Bureaus that are present infused into the training facilities and programs, inclusive of salaries, and those related to facility development including the crime laboratory and all funds that have to do with trainings shall constitute the PPSC budget for 1991.

SECTION 76. Preparation of PPSC Operations Manual. — To ensure effective observance of these Implementing Rules and Regulations, the PPSC head shall, within sixty (60) days from the issuance hereof, prepare a PPSC Operations Manual detailing the organization, administration and operations of the PPSC and all the training institutions under it subject to the approval of the Secretary.

RULE XI

Common Provisions for Uniformed Personnel

SECTION 77. Incentives and Awards. — There shall be established an incentives and awards system administered by a board, under such rules, regulations and standards as may be promulgated by the Department: Provided, That there shall be equivalent department award for every award duly given by respectable civic organizations selected nationwide for an outstanding achievement and/or performance by any member, for this purpose, each bureau shall create its own Incentives and Award Board.

SECTION 78. Health and Welfare. — The Department shall ensure that each of the bureaus and other offices shall develop and implement health and welfare programs for its personnel, including non-uniformed members and shall take all proper steps towards the creation of an atmosphere conducive to good supervisor-subordinate relationship and improved employee morale. For this purpose, uniformed personnel shall refer to all PNP, Fire and Jail members authorized to wear the prescribed paraphernalia, insignia and uniform, from the rank of Director General down to Police Officer 1 or their equivalent ranks in the other bureaus.

SECTION 79. Longevity Pay and Allowances. — Uniformed personnel shall be entitled to longevity pay equivalent to ten (10%) percent of their basic monthly salaries for every five (5) years of service, to be reckoned from the date of the personnel's original appointment in the AFP, or appointment in the police, fire, jail or other allied services prior to the integration of the PC and INP: Provided, that the totality of such longevity pay shall not exceed fifty (50%) percent of the basic pay. They shall also continue to enjoy subsistence allowance, quarter allowance, clothing allowance, cost of living allowance, hazard pay, and all other allowances as provided for by existing laws.

SECTION 80. Active Service. — Active service of the uniformed personnel shall refer to services rendered as an officer and non-officer, cadet, trainee or draftee in the PNP, fire or jail force in the municipal police prior to the integration of the PC-INP or in the AFP and services rendered as civilian official or employee in the government prior to the date of separation or retirement from the PNP, fire or jail force: Provided, That, for purposes of retirement, he shall have rendered at least ten (10) years of active service as officer or non-officer in the AFP, and/or in the INP, and/or in the PNP, fire or jail force: Provided, further, that services rendered as cadet, probationary officer, trainee or draftee in the AFP or as cadet or trainee in the INP or PNP shall be credited for purposes of longevity pay: Provided, finally, that for cadet service, the maximum number of years of service to be credited shall not exceed the duration of the pre-commissionship course specified in the curriculum.

SECTION 81. Permanent Physical Disability. — An officer or non-officer who, having accumulated at least twenty (20) years of active service, incurs total permanent physical disability in line of duty as determined and approved by competent authority shall be compulsorily retired pursuant to rules and regulations on compulsory retirement as provided herein: Provided, that if he has accumulated less than twenty (20) years of active service, he shall be entitled to a separation pay equivalent to one and one fourth (1 1/4) months base pay for every year of service or a fraction thereof, and longevity pay of the permanent grade he holds.

SECTION 82. Retirement in the Next Higher Grade. — A uniformed member, for purposes of retirement pay, shall be retired in one (1) grade higher than the permanent grade last held: Provided, That he shall have served at least one (1) year of active service in the permanent grade.

SECTION 83. Retirement Benefits. — Monthly retirement pay shall be equivalent to fifty (50%) percent of the base pay and longevity pay of the member's retired grade for twenty (20) years of active service, increasing by two and one-half percent (2.5%) for every year of active service rendered beyond twenty (20) years to a maximum of ninety (90%) percent for thirty six (36) years of active service and over.

SECTION 84. Death and Disability Benefits. — A uniformed member and/or his heirs shall be entitled to all benefits relative to the death or permanent incapacity of said member, as provided by law.

SECTION 85. Exemption from Attachment and Taxes. — All benefits granted by the Act, including benefits received from the Government Service Insurance System, shall not be subject to attachment, levy, execution or any tax of whatever nature.

SECTION 86. Uniformed Member Missing in Action. — Any uniformed member who, while in the performance of duty or by reason of his being an officer or member of the PNP, fire or jail force, is officially confirmed missing in action, kidnapped or captured by lawless elements shall, while so absent, be entitled to receive or to have credited to his account the same pay and allowances to which such officer or uniformed member was entitled to at the time of the incident: Provided, that the compulsory retirement of a person missing in action shall be processed to allow his next of kin to enjoy the retirement benefits: Provided, further, that should the chiefs of the PNP, fire or jail force, as the case may be, upon the recommendation of the proper authority and/or immediate supervisor, subsequently determine that the officer or uniformed member concerned has been absent from duty without authority, such member or his heirs shall reimburse the PNP, fire or jail force all such amount and allowances received by him in accordance with this section and the following section.

SECTION 87. Payment of Salary and Allowances to the Heirs of Uniformed Personnel. — In case any uniformed member has been officially confirmed missing in action under any of the circumstances provided in the preceding section, the chief of the PNP, fire or jail force, as the case may be, shall direct payment of the absent uniformed member's monthly salary and allowances and other emoluments pertinent thereto to his/her heirs for their support for a maximum period of one (1) year from the date of commencement of absence or when last heard from as those kidnapped or captured by lawless elements.

SECTION 88. Finding of Death and Termination of Payment of Salary and Allowances. — Upon the termination of the one-year period as provided for in preceding section, the missing uniformed member shall be automatically terminated. In the event said member shall thereafter be found to have been alive and is not entitled to the benefits paid under the preceding sections, said benefits shall imbursed to the state within six (6) months from the discovery of the fact of his reappearance. However, if his continued disappearance was fraudulent or made in bad faith, he shall, together with his co-conspirators, be prosecuted according to law.

SECTION 89. Complaints and Grievances. — Uniformed personnel shall have the right to present complaints and grievances to their superiors or commanders and have them heard and adjudicated as possible in the best interest of the service, with due regard to due process in every case. Such complaints or grievances shall be resolved at the lowest possible level in the unit of command and the respondent shall have the right to appeal from an adverse decision to higher authorities. For this purpose, each bureau shall establish its own complaints and grievances machinery as required by civil service rules and regulations.

SECTION 90. Prohibitions; Penalties. — As professional police, fire and jail officer and members responsible for the maintenance of peace and order and public safety, such officers and members are hereby prohibited from engaging in strikes, rallies, demonstrations and other similar concerted activities or performing other acts prejudicial to good order and police discipline.

Any PNP, fire or jail force member found guilty by final judgment of engaging in strikes, rallies, demonstrations and other similar activities shall be dismissed from the service without prejudice to whatever criminal or civil liability he may have incurred in relation to such violations. "Other similar concerted activities" shall refer to acts done in concert or in group intended to slow down office productivity and law enforcement work of such proportion as to affect the peace and order condition of the locality. "Acts prejudicial to good order and police discipline" shall refer to willful and malicious acts of a PNP, fire and jail member of such gravity as to cause unmitigated criticism and damage or serious embarrassment to the organization.

RULE XII

Provisions for Department-wide Operations

SECTION 91. Relationship of the Department with its Bureaus and the NAPOLCOM. — The Secretary shall exercise direct supervision over the local government bureaus and offices assisted by the Undersecretary for Local Government; the BFP and BJMP, assisted by Undersecretary for Peace and Order; while the PNP shall be under the administration and control of the National Police Commission with the Secretary as the ex-officio Chairman thereof. The PPSC and the LGA shall be supervised by their respective Boards of Trustee with the Secretary as Chairman.

SECTION 92. Coordination among Bureaus and Offices within the Department. — In pursuance of the overall goals and objectives of the Department, maximum coordination shall be established and maintained among all DILG bureaus and offices.

SECTION 93. Planning and Budgeting. — Each of the major organizational areas of the DILG, namely, all units of the former DLG, PPSC, BFP, and BJMP shall prepare its own plans and budgets, based on guidelines and thrusts to be formulated by the Secretary. In the case of the NAPOLCOM and the PNP, their respective plans and budgets shall be based on guidelines and thrusts to be promulgated by the Commission.

The finalized plans, programs and budgets of these respective units shall be rationalized and integrated, for final approval of the Secretary, by the Planning and Financial Services of the Department Proper, in consultation with the Undersecretary for Local Government, for the plan and budgets of the units involved in local governance, with the Undersecretary for Peace and Order for those of the BFP, BJMP and PPSC. The NAPOLCOM and PNP budgets shall be submitted to the Department for integration/grouping with the department budget.

SECTION 94. Personnel Management and Training. —

a. Generally the head of the Administrative Service of each of the major organizational areas of the DILG to include the Director for Personnel Service in the case of the PNP, shall be responsible for the administrative management of their respective personnel. He shall take chance of recruitment and testing of prospective personnel, maintenance, and updating of personnel records, implementation of the performance evaluation system and administration of employee benefits and other personnel matter.

All organizational units shall create their respective Selection Boards which shall take care of placement, hiring and promotion of their personnel. However, appointments, except those conferred by the President, shall be made by the following Department officials:

(1) Department Proper, Bureaus and Offices involved in local governance

1.1 Division Chief or equivalent and higher — Secretary

1.2 Lower than Division Chief

1.2.1 Central Office Personnel

 — Undersecretary for Local Government

1.2.2 Field Personnel

 — Regional Directors

(2) National Police Commission

 Appointment to all positions shall be approved by the Commission. However, the signing of appointments shall be made as follows:

2.1 Section Chief or higher — Chairman

2.2 Lower than Section Chief — Executive Officer or any of the Commissioners, subject to the formulation of guidelines pertinent hereto.

(3) Philippine National Police

 Appointments of PNP uniformed personnel shall be in accordance with Section 36 hereof. Appointments to all regular positions of PNP, non-uniformed personnel shall be approved by the Commission. However, signing of the appointments shall be made as follows:

3.1 Section Chief or higher — Chairman

3.2 Lower than Section Chief:

3.2.1 Central Office — Chief, PNP

3.2.2 Field Offices — PNP Regional Directors

(4) Bureau of Fire Protection and Bureau of Jail Management and Penology

4.1 Division Chief or equivalent — Secretary

42 Lower than Division Chief:

4.2.1 Central Office — Undersecretary for Peace and Order upon the recommendation of the Bureau chief concerned.

4.2.2 Field Offices — Bureau Chiefs

(5) Philippine Public Safety College

5.1 Division Chief or equivalent — Secretary

5.2 Lower than Division Chief — PPSC Head

b. The training of those involved in local governance shall be the primary responsibility of the Local Government Academy. The training of those involved in public safety and order shall be the primary responsibility of the Philippine Public Safety College. The education and training plans and programs of the PNP personnel shall be subject to the approval of the Commission pursuant to Section 14 (i) of the Act. At the start of the fourth quarter of each year, the PPSC and the LGA shall finalize and submit to the Secretary thru their respective Undersecretaries their programs for the succeeding year.

In-house training programs may be undertaken by the bureaus/offices in coordination with PPSC or LGA, as the case may be.

c. The Bureaus and Offices shall create their respective Personnel Development Committees, to take care of all foreign and local scholarships, trainings and study grants.

SECTION 95.  Logistics and Procurement. —

a. Separate Pre-Qualifications, Bidding and Awards Committees (PBAC) shall each be organized for locally funded and foreign-assisted projects in the Department Proper (to include the bureaus and offices involved in local governance and LGA), NAPOLCOM, PNP, BFP, BJMP and PPSC.

b. Delegation of authority to appropriate levels covering approval of awards and signing of purchase orders shall be embodied in separate orders that will be issued by the Secretary or the Commission, as the case may be.

SECTION 96.  Financial Management. —

a. Separate books of accounts shall be established and maintained by the following:

1. Department Proper to include the Bureaus/Offices involved in local governance

2. NAPOLCOM

3. PNP

4. BJMP

5. BFP

6. PPSC

7. LGA

8. NACAH

b. The cut-off date to effect the transfer of all funds, assets and surplus/capital from the old agencies to the DILG shall be on December 31, 1991.

c. Before the cut-off date, the Chief PNP shall administer the budgets of the PNP, the BFP, BJMP and PPSC. Beginning 1992 the BFP, BJMP and PPSC shall have their own books of accounts.

SECTION 97. Reporting System. — The Department shall develop a formal Management Information System (MIS) which shall identify the reports to be submitted to the Secretary.

The Office of the Secretary shall formulate guidelines for this purpose. Meantime, operational reports shall be submitted at least quarterly to the Secretary by the NAPOLCOM and the bureaus/offices in the Department. More reports shall be required as may be deemed necessary.

RULE XIII

Transitory Provisions

SECTION 98. Secretary of the Department of Local Government on Holdover Capacity. — The incumbent Secretary of the Department of Local Government shall perform the functions of the Secretary of the Interior and Local Government on holdover capacity until such time when a new Secretary shall have been appointed by the President and confirmed by the Commission on Appointments.

SECTION 99. Special Oversight Committee. — A Special Oversight Committee is hereby created composed of:

a. Secretary, Department of the Interior and Local Government (DILG) — Chairman

b. Secretary, Department of Budget and Management (DBM) — Co-Chairman

c. Chief, PC/Dir General, INP — Member

d. Chairman, Civil Service Commission (CSC) — Member

e. Chairman, Senate Committee on Local Government — Member

f. Chairman, Senate Committee on National Defense and Security — Member

g. Chairman, House Committee on Public Order and Security — Member

h. Chairman, House Committee on National Defense — Member

It shall plan and oversee the expeditious implementation of the transfer, merger and/or absorption into the Department of the personnel, property, appropriations and installations of involved agencies.

SECTION 100. Phases of Implementation. — The organization of the National Police Commission (NAPOLCOM), Philippine National Police (PNP), Bureau of Fire Protection (BFP), Bureau of Jail Management and Penology (BJMP), the Philippine Public Safety College (PPSC), and other offices or units created under the Act, shall be undertaken in three (3) phases, to wit:

a. Phase I. — Exercise of option by the uniformed members of the Philippine Constabulary, the PC elements assigned with the Narcotics Commands, CIS, and the personnel of the technical services of the AFP assigned with the PC to include the regular CIS investigating agents and the operatives and agents of the NAPOLCOM Inspection, Investigation and Intelligence Branch, and the personnel of the absorbed National Action Committee on Anti-Hijacking (NACAH) of the Department of National Defense, to be completed within six (6) months from the date of the effectivity of the Act. At the end of this phase, all personnel from the INP, PC, AFP Technical Services, NACAH and NAPOLCOM Inspection, Investigation and Intelligence Branch shall have been covered by official orders assigning them to the PNP, Fire and Jail Forces by their respective units.

b. Phase II. — Approval of the table of organization and equipment of all bureaus and offices created under the Act, preparation and filling up of their staffing pattern, transfer of assets to the Department and organization of the Commission, to be completed within twelve (12) months from the effectivity of the law. At the end of this Phase, all personnel to be absorbed by the Department shall have been issued appropriate appointment papers, and the organized Commission and the PNP shall be fully operational.

 The PC officers and enlisted personnel who have not opted to join the PNP shall be reassigned to the Army, Navy or Air Force or shall be allowed to retire under existing AFP rules and regulations. Any police or PC officer or enlisted personnel may, within the twelve-month period from the effectivity of the Act on 2 January 1991, retire and be paid retirement benefits corresponding to a position two (2) ranks higher than his present grade, subject to the conditions that at the time he applies for the retirement, he has rendered at least twenty (20) years of service and still, has, at most, twenty-four (24) months of service remaining before the compulsory retirement age as provided by existing law for his office. The Commission shall issue the guidelines pertinent hereto.

c. Phase III. — After the accomplishment of the requirements in phases I and II or earlier, the National Police Commission (NAPOLCOM) shall create a Board of Officers composed of the following:

NAPOLCOM Commissioner	Chairman
Representative of the PC	Member
Representative of the INP	Member
Representative of the CSC	Member
Representative of the DBM	Member

 It shall undertake and complete within eighteen (18) months from January 2, 1991 the adjustment of ranks and establishment of one (1) lineal roster of officers and another for non-officers and the rationalization of compensation and retirement systems, taking into consideration the existing compensation schemes and retirement and separation benefits systems of the different components of the PNP, to ensure that no member of the PNP shall suffer any diminution in basic, longevity and incentive pays, allowances and retirement benefits due them before the creation of the PNP.

 Effective January 2, 1991, the Secretary shall exercise administrative supervision and operational control over the transferred, merged and/or absorbed AFP and INP units. The incumbent Director General of the PC/INP shall continue to act as Chief of the PNP until such time as he shall have been reappointed or replaced by the President.

SECTION 101. Assumption by the PNP of Police Functions. — The PNP shall absorb the functions of the PC, the INP and the Narcotics Command effective 2 January 1991.

All the functions of the PAFSECOM and the police functions of the Coast Guard shall be taken over by the PNP when it acquires the capability to perform such functions after the transition period of eighteen (18) months, reckoned from 2 January 1991, unless the parties agree on an earlier date. During this transition period of 18 months, the personnel of the PAFSECOM and the Coast Guard shall exercise their option to join the PNP or remain with the Philippine Air Force or the Philippine Navy, as the case may be.

To facilitate the absorption by, or transfer to, the PNP of all functions of the PAFSECOM and the police functions of the Coast Guard in accordance with the mandate of Sections 24 and 86 of the Act, the Chief of PNP shall include in the 1992 PNP annual budgetary program the necessary appropriations for the organization, operation and administration within the PNP units or offices which will handle the transferred; absorbed and merged functions of the PAFSECOM and Coast Guard. As soon as said funding requirements are obtained, the Chief PNP shall organize the required units/offices, prepare the necessary equipment and facilities, and undertake the recruitment and training of personnel.

SECTION 102. Absorption by the Department of the NACAH. — The Department shall absorb the NACAH under the Department of National Defense, and the transfer of` assets, personnel and accountabilities of said office to the DILG shall proceed in accordance with the statutory guidelines hereinafter provided.

SECTION 103. Transfer, Merger and Absorption of Offices and Personnel. — The transfer, merger and/or absorption of any government office/unit concerned shall include the functions, appropriations, funds, records, equipment, facilities, choses in action, rights, other assets, and liabilities, if any, of the transferred office/unit as well as the personnel thereof, who shall, unless removed for cause and after due process, in a holdover capacity, continue to perform their respective duties and responsibilities and receive their corresponding salaries and benefits. Those personnel of the transferred, merged, absorbed and/or abolished office/unit whose positions are not included in the new position structure and staffing pattern approved by the Department or who are not reappointed shall be given preference to join the Department or any of the offices thereunder or shall be allowed to retire under existing laws, rules and regulations. Otherwise, they shall be deemed separated and paid gratuity equivalent to one and one-fourth (1 1/4) months basic salary for every year of service or a fraction thereof.

The personnel of the existing Department of Local Government shall, unless removed for cause and after due process, continue to perform their duties and responsibilities and shall receive their corresponding salaries and benefits.

All the incumbent personnel of the abolished NAPOLCOM and PC-INP holding permanent appointments as of January 2, 1991 and whose positions have been included in the approved position structure and staffing pattern, inclusive of those positions which have been retitled or reclassified, shall be reappointed to their respective positions.

SECTION 104. Compulsory Retirement for INP Members. — Any provision hereof to the contrary notwithstanding and within the transition period of four (4) years from January 2, 1991, the following members of the INP shall be considered compulsory retired:

a. Those who shall have attained the age of sixty (60) years from January 2, 1991 to January 1, 1992;

b. Those who shall have attained the age of fifty-nine (59) years from January 2, 1992 to January 1, 1993;

c. Those who shall have attained the age of fifty-eight (58) years from January 2, 1993, to January 1, 1994; and

d. Those who shall have attained the age of fifty-seven (57) years from January 2, 1994 to January 1, 1995;

For clarity, those who shall have attained the age of 59 years during the 1st year of effectivity of the Act shall be retired on the 1st day of the 2nd year of effectivity of R.A. 6975 which is January 2, 1992 together with those will be 59 years old on said date, January 2, 1992. This will also be the case for the succeeding years.

Effective January 2, 1995, the compulsory retirement age for all INP members shall be fifty-six (56) years.

The provisions of this Section shall apply to INP officers only.

The term INP shall refer to the police forces who were component units of the INP pursuant to PD 765 as defined in the immediately following section.

SECTION 105. Status of Present NAPOLCOM, PC-INP. — Upon the effectivity of the Act, the present NAPOLCOM and the PC-INP shall cease to exist. The PC, which is the nucleus of the integrated PC-INP, shall cease to be a major service of the Armed Forces of the Philippines. The Integrated National Police, which is the civilian component of the Philippine Constabulary-Integrated National Police, ceases to be the national police force and in lieu thereof, the PNP is established and constituted.

Pending the organization of the new NAPOLCOM and of the PNP, and the appointment/designation of their respective personnel, the present NAPOLCOM and the PC-INP shall continue to exercise their respective functions and responsibilities in a holdover capacity.

RULE XIV

Final Provisions

SECTION 106. Application of Civil Service Laws. — The Civil Service Law and its implementing rules and regulations shall apply to all personnel of the Department.

The CSC implementing rules and regulations shall encompass not only the existing laws, rules and regulations duly promulgated by the Civil Service Commission but shall also include all resolutions or issuances affecting personnel in the service of the government.

The Department shall endeavor to ensure and promote the Constitutional mandate that appointments therein shall be made only according to merit and fitness to be determined, as far as practicable, by competitive examination; performance, education, training, experience, efficiency, integrity, responsiveness, progressiveness and courtesy in the civil service. The strengthening of the merit and rewards system; the institutionalization of a management climate conducive to public accountability; and the enforcement of the laws and rules governing recruitment, selection, utilization, promotion, training and discipline of its personnel in accordance with the standards and procedures set by the Civil Service Commission, shall be given priority unless specifically provided herein.

SECTION 107. Funding. — For purposes of organizing and constituting the Department, and for carrying out the provisions of the Act, the appropriations of the abolished, transferred or reconstituted offices for the current fiscal year shall be transferred to the Department. Thereafter, such amounts as may be necessary to carry out the provisions of the Act shall be included in the annual General Appropriations Act.

SECTION 108. Separability Change. — If, for any reason or reasons, any part or provision of these Implementing Rules and Regulations are held to be unconstitutional or not valid, other parts or provisions hereof which are not affected thereby shall continue to be in force and effect.

SECTION 109. Repealing Clause. — All circulars, memorandum circulars, orders and other administrative issuances or parts thereof which are inconsistent with the Department of the Interior and Local Government Act of 1990 or with these rules and regulations, are hereby repealed, amended or modified accordingly.

SECTION 110. Effectivity. — Unless otherwise specifically provided herein, these Implementing Rules and Regulations shall take effect upon approval.

 

(SGD.) CESAR N. SARINOSecretary, DILG Chairman

Approved: January 14, 1992