Rules and Regulations Implementing the PNP Reform and Reorganization Act of 1998

January 11, 1999

RULES AND REGULATIONS IMPLEMENTING THE PNP REFORM AND REORGANIZATION ACT OF 1998 (REPUBLIC ACT NO. 8551)

Pursuant to Section 73 of Republic Act No. 8551, the National Police Commission, in coordination with the Philippine National Police (PNP) and the Department of the Interior and Local Government (DILG), hereby adopts and promulgates the following implementing rules and regulations:

RULE I

Declaration of Policy

SECTION 1. Declaration of Policy and Principles. — It is hereby declared the policy of the State to establish a highly efficient and competent police force which is national in scope and civilian in character administered and controlled by a national police commission. aEcSIH

The Philippine National Police (PNP) shall be a community and service oriented agency responsible for the maintenance of peace and order and public safety.

The PNP shall be so organized to ensure accountability and uprightness in police exercise of discretion as well as to achieve efficiency and effectiveness of its members and units in the performance of their functions.

RULE II

Role of the PNP in CounterInsurgency Functions

SECTION 2. Relationship of the Department of the Interior and Local Government with the Department of National Defense (DND). — The DILG shall be relieved of the primary responsibility on matters involving the suppression of insurgency and other serious threats to national security. The PNP shall, through information gathering and performance of its ordinary police functions, support the Armed Forces of the Philippines (AFP) on matters involving suppression of insurgency, except in cases where the President shall call on the PNP to support the AFP in combat operations.

In times of national emergency, the PNP, the Bureau of Fire Protection, and the Bureau of Jail Management and Penology shall, upon the direction of the President, assist the armed forces in meeting the national emergency pursuant to the provision of Section 3 of Republic Act No. 8551.

The complementary relationship between the DILG and DND on matters involving the suppression of insurgency and other serious threats to national security and in times of national emergency, shall be jointly prescribed by their Secretaries in a Memorandum of Agreement that shall thereafter be published and implemented.

SECTION 3. General Guidelines Governing the Relationship of the AFP with the PNP. — The relationship between the AFP and the PNP on matters involving the suppression of insurgency and other serious threats to national security shall be governed by the following general guidelines:

a. The AFP, in the exercise of its primary responsibility on matters involving the suppression of insurgency and other serious threats to national security, shall operate through the area commands;

b. The PNP shall enforce laws and ordinances and perform statutory functions; TSEAaD

c. The AFP shall be primarily responsible for the integrated territorial defense system, while the PNP shall provide assistance to the AFP in insurgency-affected areas;

d. The AFP and the PNP shall maintain close coordination between their respective intelligence units through the existing joint intelligence committee and shall continue providing each other with intelligence information vital to the accomplishment of their respective missions and functions; and

e. The AFP operating units shall initially conduct tactical interrogation of an arrested, captured or surrendered insurgent, after which the latter shall be turned over to the concerned PNP unit in the area within the prescribed reglementary period, together with the affidavit of arrest, medical certificate and all evidence related thereto, for further dispositive action. The PNP shall provide assistance to the AFP in the arrest of suspected insurgents with standing warrants of arrest. The PNP may continue launching intelligence projects and case operations targetting ranking leaders of local insurgent movements.

SECTION 4. Information Gathering. — The PNP shall establish the community information gathering system to develop a pro-active and barangay-based extensive intelligence network in support of counter-insurgency operations of the AFP. The PNP shall formulate intelligence policies and directives, including task allocation among its units.

RULE III

The National Police Commission

SECTION 5. Organization and Composition. — The National Police Commission, hereinafter referred to as the Commission, is the agency created under Section 13 of Republic Act No. 6975, as amended by Section 4 of Republic Act No. 8551, for the purpose of effectively discharging the functions prescribed in the Constitution and provided in the aforementioned Acts. The Commission is attached to the DILG for policy and program coordination. It is composed of a Chairperson, four (4) regular Commissioners, and the Chief of the PNP as ex-officio member. Three (3) of the regular Commissioners shall come from the civilian sector who are neither active nor former members of the police or military, one (1) of whom shall be designated as Vice Chairperson by the President. The fourth regular Commissioner shall come from the law enforcement sector either active or retired: Provided, That an active member of a law enforcement agency shall be considered resigned from said agency once appointed to the Commission: Provided, further, That at least one (1) of the Commissioners shall be a woman. The Secretary of the DILG is the ex-officio Chairperson of the Commission, while the Vice Chairperson is the Executive Officer of the Commission. SHCaEA

SECTION 6. Powers and Functions of the Commission. — The Commission shall exercise the following powers and functions:

a. Exercise administrative control and operational supervision over the PNP which shall mean the power to:

(1) Develop policies and promulgate a police manual prescribing rules and regulations for efficient organization, administration and operation, including criteria for manpower allocation, distribution and deployment, recruitment, selection, promotion and retirement of personnel and the conduct of qualifying entrance and promotional examinations for uniformed members;

(2) Examine and audit, and thereafter establish the standards for such purpose on a continuing basis, the performance, activities and facilities of all police agencies throughout the country;

(3) Establish a system of uniform crime reporting;

(4) Conduct an annual self-report survey and compile statistical data for the accurate assessment of the crime situation and the proper evaluation of the efficiency and effectiveness of all police units in the country;

(5) Approve or modify plans and programs on education and training, logistical requirements, communications, records, information systems, crime laboratory, crime prevention and crime reporting;

(6) Affirm, reverse or modify, through the National Appellate Board (NAB), personnel disciplinary actions involving demotion or dismissal from the service imposed upon members of the PNP by the Chief of the PNP;

(7) Exercise appellate jurisdiction through the Regional Appellate Boards (RABs) over administrative cases against policemen and over decisions on claims for police benefits;

(8) Prescribe minimum standards for arms, equipment and uniforms and, after consultation with the Philippine Heraldry Commission, establish standards for insignia of ranks, awards and medals of honor. The standards of the uniformed personnel of the PNP shall be revised to be clearly distinct from the military and reflective of the civilian character of the police; EIAaDC

(9) Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its own powers and duties, and designate who among its personnel can issue such processes and administer oaths in connection therewith;

(10) Inspect and assess the compliance of the PNP with the established criteria for manpower allocation, distribution and deployment and their impact on the community and the crime situation, and thereafter formulate appropriate guidelines for maximization of resources and effective utilization of the PNP personnel;

(11) Monitor the performance of the local chief executives as deputies of the Commission; and

(12) Monitor and investigate police anomalies and irregularities.

b. Advise the President on all matters involving police functions and administration;

c. Render to the President and to the Congress an annual report on its activities and accomplishments during the thirty (30) days after the end of the calendar year, which shall include an appraisal of the condition obtaining in the organization and administration of police agencies in the municipalities, cities and provinces throughout the country, and recommendations for appropriate remedial legislation;

d. Recommend to the President, through the Secretary of the DILG, within sixty (60) days before the commencement of each calendar year, a crime prevention program; and

e. Perform such other functions necessary to carry out the provisions of Republic Act No. 8551 and as the President may direct.

SECTION 7. Qualifications of Commission Members. — No person shall be appointed regular member of the Commission unless:

a. He or she is a citizen of the Philippines;

b. A member of the Philippine Bar with at least five (5) years experience in handling criminal or human rights cases or a holder of a master's degree but preferably a doctorate degree in public administration, sociology, criminology, criminal justice, law enforcement, and other related disciplines, specially National Security Administration and Public Safety Administration; and

c. The regular member coming from the law enforcement sector should have practical experience in law enforcement work for at least five (5) years while the three (3) other regular Commissioners must have done extensive research work or projects on law enforcement, criminology or criminal justice or must have been members of a duly registered non-government organization involved in the promotion of peace and order. ADaSET

SECTION 8. Term of Office. — The four (4) regular and full-time Commissioners shall be appointed by the President for a term of six (6) years without reappointment or extension.

SECTION 9. Temporary or Permanent Incapacity of the Chairperson. — In case of absence due to the temporary incapacity of the Chairperson, the Vice Chair shall serve as acting Chairperson until the Chairperson shall be present or shall have regained capacity to serve. In case of death or permanent incapacity or disqualification of the Chairperson, the Acting Chairperson shall act as such until a new Chairperson shall have been appointed by the President and shall have qualified.

SECTION 10. Organizational Structure. — The Commission consists of the following units:

a. Commission Proper. — This is composed of the offices of the Chairperson, four (4) regular Commissioners and one ex-officio Commissioner.

b. Staff Services — The staff services of the Commission are as follows:

(1) The Planning and Research Service, which provides technical services to the Commission in area 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 conducts thorough research and analysis on social and economic conditions affecting peace and order in the country;

(2) The Legal Affairs Service, which provides the Commission with efficient and effective service as legal counsel of the Commission; drafts or studies contracts affecting the Commission and submits appropriate recommendations pertaining thereto; and renders legal opinions arising from the administration and operation of the Commission and the PNP;

(3) The Crime Prevention and Coordination Service, which undertakes criminological researches and studies; formulates a national crime prevention plan; develops a crime prevention and information program; and provides editorial direction for all criminology researches and crime prevention publications; DHIETc

(4) The Personnel and Administrative Service, which performs personnel functions for the Commission; administers the entrance and promotional examinations for policemen; provides the necessary services relating to records, correspondence, supplies, property and equipment, security and general services, and the maintenance and utilization of facilities; and provides services relating to manpower, career planning and development, personnel transactions and employee welfare. It also performs PNP personnel transaction functions as may be assigned by the Commission;

(5) The Inspection, Monitoring and Investigation Service, which conducts continuous inspection and management audit of personnel, facilities and operations at all levels of command of the PNP, and upon directive of the Commission, the NAPOLCOM Regional and Field Offices; monitors the implementation of the Commission's programs and projects relative to law enforcement; and monitors and investigates police anomalies and irregularities;

(6) The Installation and Logistics Service, which reviews the Commission's plans and programs and formulates policies and procedures regarding acquisition, inventory, control, distribution, maintenance and disposal of supplies; and oversees the implementation of programs on transportation facilities and installations and the procurement and maintenance of supplies and equipment. It also provides the Commission with staff and technical advice on PNP logistical requirements, communications, information systems, and crime laboratory services; and

(7) The Financial Service, which provides the Commission with staff advice and assistance on budgetary and financial matters, including the overseeing of the processing and disbursement of funds pertaining to the scholarship program for surviving children of deceased and permanently incapacitated PNP personnel.

c. Regional Offices. The Regional Offices in regions 1 to 13, the National Capital Region (NCR), the Cordillera Administrative Region (CAR), and the Autonomous Region in Muslim Mindanao (ARMM) implement the policies and programs of the Commission in their respective regions. The regional offices investigate, adjudicate and pay PNP death and permanent disability benefit claims and grant scholarship benefits, subject to standards set by the Commission. CAIHTE

They provide legal consultancy services, including legal assistance and advice to the People's Law Enforcement Boards (PLEBs) in hearing and deciding cases against members of the PNP. Likewise, they perform such powers and functions as may be delegated by the Commission.

d. Disciplinary Appellate Boards. — The formal administrative disciplinary appellate machinery of the Commission for PNP members consists of the National Appellate Board (NAB) and the Regional Appellate Boards (RABs).

The NAB decides cases on appeal from decisions rendered by the Chief of the PNP where the penalty imposed is demotion in rank, forced resignation or dismissal from the service.

The RABs decide appeals in the following cases:

(1) Decisions of the PLEBs where the penalty imposed is demotion in rank, forced resignation or dismissal from the service;

(2) Decisions of the PNP Regional Directors or their equivalent supervisors where the penalty imposed is demotion in rank, forced resignation or dismissal from the service; and

(3) Decisions of the city or municipal mayors in cases falling within their respective jurisdictions, regardless of penalties imposed.

The Boards also decide appeals from decisions of Regional Directors of the Commission in claims for police benefits.

SECTION 11. Qualifications of Regional Directors. — No person shall be appointed regional director of the Commission unless:

a. He or she is a citizen of the Philippines; and

b. A holder of a master's degree and appropriate civil service eligibility.

SECTION 12. Qualifications Upgrading Program. — The Commission shall design and establish a qualifications upgrading program for its personnel in coordination with the Civil Service Commission, the Department of Education, Culture and Sports and the Commission on Higher Education through a distance education program or an in-service education program, or both, or similar programs: Provided, That those who are already in the service upon the effectivity of Republic Act No. 8551 shall have five (5) years to obtain the required degree or qualification counted from the implementation of the qualifications upgrading program. TSIaAc

RULE IV

The Philippine National Police

A. Reorganization

SECTION 11. Authority of the Commission to Reorganize the PNP. — Notwithstanding the provisions of Republic Act No. 6975 on the organizational structure and rank classification of the PNP, the Commission shall conduct a management audit, and prepare and submit to Congress a proposed reorganization plan of the PNP not later than December 31, 1998, subject to the limitations provided under Republic Act No. 8551 and based on the following criteria:

a. Increased police visibility through dispersal of personnel from the headquarters to the field offices and by the appointment and assignment of non-uniformed personnel to positions which are purely administrative, technical, clerical or menial in nature and other positions which are not actually and directly related to police operations; and caIETS

b. Efficient and optimized delivery of police services to the communities. The PNP reorganization program shall be approved by Congress through a joint resolution.

B. Qualifications Upgrading

SECTION 14. General Qualifications for Appointment. — No person shall be appointed as uniformed member of the PNP unless he or she possesses the following minimum qualifications:

a. A citizen of the Philippines;

b. A person of good moral conduct;

c. Must have passed the psychiatric or psychological, drug and physical tests to be administered by the PNP or by any government hospital accredited by the Commission for the purpose of determining physical and mental health;

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

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; cTACIa

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 (1.62m) in height for male and one meter and fifty-seven centimeters (1.57m) for female;

i. Must weigh not more or less than five kilograms (5kgs.) from the standard weight corresponding to his or 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. Except for the last qualification, the above-enumerated qualifications shall be continuing in character and an absence of any of them at any given time shall be a ground for separation or retirement from the service: Provided, That PNP members who are already in the service upon the effectivity of these Implementing Rules and Regulations shall be given five (5) years to obtain the minimum educational qualification and one (1) year to satisfy the weight requirement.

For the purpose of determining compliance with the requirements on physical and mental health, as well as the non-use of prohibited or regulated drugs, the PNP by itself or through a government hospital accredited by the Commission shall conduct regular psychiatric, psychological, drug and physical tests randomly and without notice.

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

SECTION 15. Waivers for Initial Appointment to the PNP. — The following general guidelines shall govern the grant of waivers:

a. The age, height, weight and educational requirements for initial appointment to the PNP may be waived only when the number of qualified applicants fall below the minimum annual quota;

b. The Commission en banc may grant waiver of age, height, weight or educational requirement;

c. Waiver of the age requirement may be granted provided that the applicant shall not be less than twenty (20) nor over thirty-five (35) years of age. For purposes of this paragraph, one is considered to be not over thirty-five (35) years old if he or she has not yet reached his or her thirty-sixth (36th) birthday on the date of the effectivity of his or her appointment; DaTHAc

d. Waiver of the height requirement may be granted to a male applicant who is at least 1 meter and 57 cm. (1.57m) and to a female applicant who is at least 1 meter and 52 cm. (1.52m): Provided, That the Commission may set a lower height requirement for applicants who belong to cultural communities duly certified by the Office of the Muslim Affairs (OMA) or the appropriate government entity. Provided, further, That the Commission may require said applicants to submit appropriate proof of their membership in a certain cultural community;

e. An applicant who is granted a weight-waiver shall be given reasonable time but not exceeding six (6) months within which to comply with said requirement; and

f. Waiver of the educational requirement may be granted to an applicant who has finished second year college or has earned at least 72 collegiate units leading to a bachelor's degree: Provided, That any person who will enter the service without a baccalaureate degree shall be given a maximum of four (4) years to obtain the required educational qualification.

SECTION 16. Factors to be Considered for Grant of Waivers. — The factors to be considered in the grant of waiver of age, height, weight or educational requirement shall include but shall not be limited to the following:

a. Outstanding accomplishments in law enforcement or police work or related field;

b. Level of physical stamina, endurance or agility;

c. Proficiency in martial arts, marksmanship and similar skills;

d. Extensive experience in forensic science, ballistics and other technical services; and

e. Other similar or analogous factors relevant to the requirements of police work.

Bar membership, Board licensure, possession of post-graduate degree or units or additional bachelor's degree shall also be considered in the grant of age, height or weight waiver.

An application for waiver of age, height, weight or educational requirement may be granted if the applicant possesses a cluster of the factors enumerated herein.

SECTION 17. Selection Criteria Under the Waiver Program. — Applicants under the Waiver Program shall be subject to the following minimum criteria:

a. Applicants who possess the least disqualification shall take precedence over those who possess more disqualifications;

b. The requirement shall be waived in the following order: (1) age, (2) height, (3) weight, and (4) education; and EcASIC

c. Each applicant for the waiver must possess special qualifications, skills, or attributes useful to or needed by the PNP such as those mentioned in the preceding Section, which are sufficient to compensate for his or her lack of certain minimum qualifications.

The Commission shall promulgate rules and regulations to address other situations arising from the waiver of the entry requirements.

SECTION 18. Nature of Appointment Under a Waiver Program. — Any uniformed PNP member who is admitted due to the waiver of the educational or weight requirements shall be issued a temporary appointment pending the satisfaction of the requirement waived. Any member who will fail to satisfy any of the waived requirements within the specified periods under Section 15 of these Implementing Rules and Regulations shall be separated from the service.

SECTION 19. Re-application of Separated PNP Members Under the Waiver Program. — Any PNP member who shall have entered and subsequently been separated under the weight or educational waiver aspects of the program shall be eligible to re-apply for appointment to the PNP: Provided, That he or she possesses all the minimum qualifications required by Section 14 of Republic Act No. 8551, except age and height: Provided, further, That his or her reappointment will not be by virtue of another waiver.

SECTION 20. The PNP Field Training Program. — All uniformed members of the PNP shall undergo a field training program involving actual experience and assignment in patrol, traffic and investigation as a requirement for permanency of their appointment. The program shall be for twelve (12) months inclusive of the Basic Recruit Training Course for non-officers and the Officer Orientation Course or Officer Basic Course for officers.

SECTION 21. Nature and Implementation of Field Training. — Field training is that process by which an individual police officer who is recruited into the service receives formal instruction on the job for special and defined purposes and performs actual job functions, with periodic appraisal on his or her performance and progress.

The PNP shall formulate a field training program, to include a field training manual, which shall be submitted to the Commission for approval before its implementation.

The field training program shall promote the internalization of core values in the police service and instill pride in the organization. TASCDI

The PNP shall coordinate with the Philippine Public Safety College for the formulation of the program of instruction and the conduct of Field Training Officers Course for the purpose of creating a pool of field training officers.

SECTION 22. Increased Qualifications for Provincial Directors. — No person may be designated or assigned Director of a Provincial Police Office unless:

a. He or she holds a master's degree in public administration, sociology, criminology, criminal justice, law enforcement, national security administration, defense studies, or other related discipline from a recognized institution of learning; and

b. Has satisfactorily passed the required training and career courses necessary for the position as may be established by the Commission.

Any officer who is currently occupying the position but lacks any of the qualifications mentioned above shall be given three (3) years upon the effectivity of Republic Act No. 8551 to comply with the requirements; otherwise, he or she shall be relieved from the position.

SECTION 23. Qualifications for Chief of City and Municipal Police Stations. — No person shall be designated or assigned chief of a city police station unless he or she is a graduate of Bachelor of Laws or has finished all the required academic units of a master's degree program in public administration, criminology, criminal justice, law enforcement, national security administration, defense studies, and other related disciplines from a recognized institution of learning.

No person shall be designated or assigned chief of a municipal police station unless he or she has finished at least second year Bachelor of Laws or has earned at least twelve (12) units in a master's degree program in public administration, criminology, criminal justice, law enforcement, national security administration, and other related disciplines from a recognized institution of learning: Provided, That members of the Bar with at least five (5) years of law practice, licensed criminologists or graduates of the Philippine National Police Academy and who possess the general qualifications for initial appointment to the PNP shall be qualified for designation or assignment as chief of a city or municipal police station: Provided, further, That the designated or assigned Chief of Police has successfully passed the required field training program and has complied with other requirements as may be established by the Commission: Provided, finally, That the Chief of Police shall be designated or assigned in accordance with the provisions of Section 51, paragraph (b), sub-paragraph 4 (l) of Republic Act No. 6975, as amended by Section 63 of Republic Act No. 8551. cd asia

SECTION 24. Examinations of Policemen. — The National Police Commission shall administer the entrance and promotional examinations for policemen on the basis of the standards set by the Commission and shall confer appropriate police service eligibility upon successful examinees.

SECTION 25. Qualifications Upgrading Program. — The Commission shall design and establish a qualifications upgrading program for the PNP members in coordination with the Civil Service Commission, and the Commission on Higher Education through a distance education program or an in service education program or both, or other similar programs with the end in view of insuring that every member of the PNP shall have at least a college degree and broad exposure and strong foundation in humanities and liberal arts.

C. Attrition System for Uniformed Personnel

SECTION 26. Attrition System. — There shall be established a system of attrition for the uniformed members of the PNP within one (1) year from the effectivity of Republic Act No. 8551 to be submitted by the PNP to the Commission for approval. Such attrition system shall include but shall not be limited to the provisions of the following sections.

SECTION 27. Attrition by Attainment of Maximum Tenure in Position. — The maximum tenure of PNP members holding key positions is hereby prescribed as follows:

Position	Maximum Tenure
Chief	four (4) years
Deputy Chief	four (4) years
Director of the Staff Services	four (4) years
Regional Directors	six (6) years
Provincial/City Directors	nine (9) years

Other positions higher than Provincial Director shall have a maximum tenure of six (6) years. Unless earlier separated, retired or promoted to a higher position in accordance with the PNP staffing pattern, police officers holding above-mentioned positions shall be compulsorily retired at the maximum tenure in position herein prescribed, or at age fifty-six (56), whichever is earlier: Provided, That in times of war or other national emergency declared by Congress, the President may extend the tour of duty of the Chief of the PNP: Provided, further, That PNP members who have already reached their maximum tenure upon the effectivity of Republic Act No. 8551 may be allowed one (1) year more of tenure in their positions before the maximum tenure provided in this Section shall be applied to them, unless they shall have already reached the compulsory retirement age of fifty-six (56), in which case the compulsory retirement age shall prevail.

Except for the Chief of the PNP, no PNP member who has less than one (1) year of service before reaching the compulsory retirement age shall be promoted to a higher rank or designated or assigned to any other position.

SECTION 28. Attrition by Relief. — A PNP member who has been relieved for just cause after due notice and hearing and has not been given an assignment within two (2) years after such relief shall be retired or separated.

SECTION 29. Attrition by Demotion in Position or Rank. — Any PNP member who is relieved and assigned to a position lower than what is established for his or her grade in the PNP staffing pattern and who shall not be assigned to a position commensurate to such grade despite the existence of a vacancy within eighteen (18) months after his or her demotion shall be retired or separated. TcIAHS

SECTION 30. Attrition by Non-Promotion. — Any PNP member who has not been promoted despite the existence of a vacancy for a continuous period of ten (10) years shall be retired or separated.

SECTION 31. Attrition by Other Means. — A PNP member or officer with at least five (5) years of accumulated active service shall be separated based on any of the following factors:

a. Inefficiency based on poor performance during the last two (2) successive annual rating periods;

b. Inefficiency based on poor performance for three (3) cumulative annual rating periods;

c. Physical or mental incapacity, or both, to perform police functions and duties; or

d. Failure to pass the required entrance examinations twice or failure to finish the required career courses, or both, except for justifiable reasons.

SECTION 32. Retirement or Separation Under the Preceding Sections. — Any member who has been attrited from the PNP pursuant to Sections 27, 28, 29, 30 and 31 hereof shall be retired if he or she has rendered at least twenty (20) years of service, or separated if he or she has rendered less than twenty (20) years of service: Provided, That said member shall be entitled to retirement or separation benefits unless he or she is disqualified by law.

D. Promotion System

SECTION 33. Rationalized Promotion System. — The Commission shall establish a system of promotion for uniformed and non-uniformed members of the PNP which shall be based on merit to include seniority and on the availability of vacant positions in the PNP staffing pattern. Such system shall be gender fair and shall ensure that women members of the PNP shall enjoy equal opportunity for promotion as that of men.

SECTION 34. Promotion by Virtue of Position. — Any PNP member designated to any key position whose rank is lower than that which is required for such position shall, after six (6) months of occupying the same, be entitled to a promotion, subject to the availability of vacant positions: Provided, That the member shall not be reassigned to a position calling for a higher rank until after two (2) years from the date of such promotion: Provided, further, That any member designated to the position who does not possess the established minimum qualifications thereof shall occupy the same for not more than six (6) months without extension. cTECHI

SECTION 35. Promotions. — A uniformed member of the PNP shall not be eligible for promotion to a higher position or rank unless he or she has successfully passed the corresponding promotional examination given by the Commission, or the Bar, or the corresponding board examinations for technical services and other professions; has satisfactorily completed the appropriate and accredited course in the Philippine National Police Academy or equivalent training institutions, and has satisfactorily passed the required psychiatric or psychological and drug tests. In addition, no uniformed member of the PNP shall be eligible for promotion to the next higher rank during the pendency of an administrative or criminal case against him or her or unless he or she has been cleared by the PLEB and the Office of the Ombudsman of any complaint proffered against him or her, if any.

An administrative case is considered pending from the time it is filed with or received by the office, board or body that has jurisdiction to decide the same on the merit until the decision becomes final or until the case is dismissed. A criminal case is considered pending from the time it is filed with the court that has jurisdiction to decide the same on the merit until the decision becomes final or until the case is dismissed.

Any uniformed member of the PNP who has exhibited acts of conspicuous courage and gallantry at the risk of his or her life above and beyond the call of duty, shall be promoted to the next higher rank: Provided, That such acts shall be validated by the Commission based on established criteria.

E. Upgrading of Salaries and Benefits

SECTION 36. Retirement Benefits. — Monthly retirement pay shall be fifty percent (50%) of the base pay and longevity pay of the retired grade in case of 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 percent (90%) for thirty-six (36) years of service and over: Provided, That the uniformed member shall have the option to receive in advance and in lump sum his or her retirement pay for the first five (5) years: Provided, further, That payment of the retirement benefits in lump sum shall be made within six (6) months from effectivity date of retirement and/or completion: Provided, finally, That retirement pay of PNP members shall be subject to adjustments based on the prevailing scale of base pay of police personnel in the active service.

SECTION 37. Permanent Physical Disability. — A PNP member who is permanently and totally disabled as a result of injuries suffered of sickness contracted in the performance of duty as certified by the National Police Commission, upon finding and certification by the appropriate medical officer, that the extent of the disability or sickness renders such member unfit or unable to further perform the duties of his or her position, shall be entitled to a gratuity equivalent to one year salary and to a lifetime pension equivalent to eighty percent (80%) of his or her last salary, in addition to other benefits as provided under existing laws. caCSDT

Should such member who has been retired under permanent total disability under this Section die within five (5) years from his retirement, his surviving legal spouse or, if there be none, the surviving dependent legitimate children shall be entitled to the pension for the remainder of the five (5) year guaranteed period.

SECTION 38. Status of Members of the Philippine National Police. — The uniformed members of the PNP shall be considered employees of the National Government and shall draw their salaries therefrom. They shall have the same salary grade level as that of public school teachers: Provided, That PNP members assigned in Metropolitan Manila, chartered cities and first class municipalities may be paid financial incentives by the local government unit concerned subject to the availability of funds.

SECTION 39. Early Retirement Program. — Within three (3) years after the effectivity of Republic Act No. 8551, a PNP member may, at his or her own request and with the approval of the National Police Commission, retire from the police service and be paid separation benefits corresponding to a position two (2) ranks higher than his or her present rank, whether temporary or permanent, subject to the following conditions:

a. That at the time he or she applies for retirement, applicant has already rendered at least ten (10) years of continuous and satisfactory government service;

b. That the applicant is not scheduled for retirement or separation due to the attrition system or separation for cause;

c. That the applicant has no pending administrative or criminal case; and

d. That applicant has at least three (3) more years remaining in the service before reaching the compulsory retirement age and at least one (1) year before his or her maximum tenure in position.

PNP members whose applications for optional retirement have been approved by the Commission pursuant to Section 40 of Republic Act No. 6975, the effectivity of which falls on or after the effectivity date of Republic Act No. 8551, may, at their option, request that the same be converted to retirement under this program subject to approval by the Commission.

SECTION 40. Rationalized Retirement and Separation Benefits. — The Commission shall formulate a rationalized retirement and separation benefits schedule and program within one (1) year from the effectivity of Republic Act No. 8551 for approval by Congress: Provided, That the approved schedule and program shall have retroactive effect in favor of PNP members retired or separated from the time specified in the law, unless the retirement or separation is for cause and the decision denies the grant of benefits. IHEDAT

RULE V

Internal Affairs Service

SECTION 41. Creation, Powers, and Functions. — The Internal Affairs Service (IAS) of the PNP, created under Section 39 of Republic Act No. 8551, shall have the following powers and functions:

a. Pro-actively conduct inspections and audits on PNP personnel and units;

b. Investigate complaints and gather evidence in support of an open investigation;

c. Conduct summary hearings on PNP members facing administrative charges;

d. Submit a periodic report on the assessment, analysis, and evaluation of the character and behavior of PNP personnel and units to the Chief of the PNP and the Commission;

e. File appropriate criminal cases against PNP members before the court as evidence warrants and assist in the prosecution of the case; and

f. Provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP.

The IAS shall also conduct, motu proprio, automatic investigation of the following cases:

a. Incidents where a PNP member discharges a firearm;

b. Incidents where death, serious physical injury, or any violation of human rights occurred in the conduct of a police operation;

c. Incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of police member;

d. Incidents where a suspect in the custody of the police was seriously injured; and

e. Incidents where the established rules of engagement have been violated.

Finally, the IAS shall provide documents or recommendations as regards the promotion of the members of the PNP or the assignment of a PNP member to any key position. SIcEHC

SECTION 42. Organization. — National, regional, and provincial offices of the Internal Affairs shall be established. The Internal Affairs Service shall be headed by an Inspector General who shall be assisted by a Deputy Inspector General. The regional offices shall be headed by a Director while the provincial offices shall be headed by a Superintendent: Provided, That the head of the Internal Affairs Service shall be a civilian who shall meet the qualification requirements provided herein.

The Commission shall establish a rationalized staffing pattern in the Reorganization Plan as provided for in Section 13 of Republic Act No. 8551.

SECTION 43. Appointments. — The Inspector General shall be appointed by the President upon the recommendation of the Chief of the PNP and duly endorsed by the Commission. Appointments of personnel who shall occupy various positions shall be made by the Inspector General and shall be based on an established career pattern and criteria to be promulgated by the Commission.

SECTION 44. Entry Qualifications to IAS. — Entry to the Internal Affairs Service shall be voluntary and subject to rigid screening where only PNP members who have at least five (5) years experience in law enforcement and who have no derogatory service records shall be considered for appointment: Provided, That members of the Bar may enter the service laterally.

SECTION 45. Initial Appointments to the National, Directorial and Provincial Internal Affairs Service Offices. — Initial appointments of the heads of the offices in the Internal Affairs Service shall be made by the President upon recommendation by the Commission. Thereafter, appointments and promotions to the Service shall follow the established requirements and procedures.

SECTION 46. Promotions. — The Commission shall establish the promotion system for the IAS which shall follow the general principles of the promotion system in the PNP.

SECTION 47. Prohibitions. — Personnel of the IAS may not join any other unit of the PNP nor be allowed to sit in a committee deliberating on the appointment, promotion, or assignment of any PNP member.

SECTION 48. Career Development and Incentives. — Personnel of the IAS shall, in addition to other allowances authorized under existing laws, be granted occupational specialty pay which shall not exceed fifty percent (50%) of their basic pay. This pay shall not be considered a forfeiture of other remuneration and allowances which are allowed under existing laws.

IAS members shall also be given priority in the quota allocation for training and education.

SECTION 49. Records Management of the IAS. — Local Internal Affairs Offices shall be responsible for the maintenance and update of the records of the members of the PNP within their jurisdiction. AEIcTD

When a PNP member is reassigned or transferred to another location or unit outside the jurisdiction of the current Internal Affairs Office, the original records of such member shall be transferred over to the Internal Affairs Office that shall acquire jurisdiction over the transferred member. Copies of his or her records shall be retained by the former Internal Affairs Office. In cases where a PNP member has been relieved of his or her position and has not been given an assignment, the Internal Affairs Office where the person has been last assigned shall continue to have custody over his or her records until such time that the PNP member shall have been given a new assignment in which case, his or her records shall be forwarded to the Internal Affairs Office acquiring jurisdiction over the PNP member.

SECTION 50. Inclusion of Supervisors and Superiors in IAS Investigation. — The immediate superior or supervisor of the personnel or units being investigated by the IAS shall be automatically included in its investigation to exclusively determine lapses in administration or supervision.

SECTION 51. Disciplinary Recommendations of the IAS. — Any uniformed PNP member found guilty of any of the cases mentioned in Section 41 of these Implementing Rules and Regulations and any immediate superior or supervisor found negligent under Section 50 hereof shall be recommended automatically for dismissal or demotion, as the evidence may warrant.

Recommendations by the IAS for the imposition of disciplinary measures against an erring PNP member, once final, cannot be revised, set aside, or unduly delayed by any PNP disciplinary authority without just cause. Any PNP disciplinary authority who acts with grave abuse of discretion or fails to act on the recommendation of the IAS shall be made liable for gross neglect of duty. Recommendations of the IAS in cases of erring PNP disciplinary authorities shall be submitted to the Chief of the PNP for proper disposition.

SECTION 52. Appeals from the Disciplinary Recommendations of the IAS. — Resolutions of provincial inspectors recommending the imposition of disciplinary penalties shall be forwarded to the regional internal affairs office for review within ten (10) working days upon receipt of a copy thereof by the aggrieved party. Resolutions of the regional internal affairs office may be appealed to the national internal affairs office through the Office of the Inspector General within the same reglementary period. Resolutions rendered by the national internal affairs office may in turn be appealed to the National Appellate Board within the same period, or to the court as may be appropriate: Provided, That the summary dismissal powers of the Chief of the PNP and Regional Directors as provided in Section 42 of Republic Act No. 6975, as amended by Section 53 of Republic Act No. 8551, shall remain valid and that the existing jurisdiction over offenses as provided under Republic Act No. 6975 shall not be affected: Provided, further, That the IAS shall be the investigative arm of the PNP in all summary dismissal cases falling within its jurisdiction. aIcETS

SECTION 53. Complaints against Personnel of the IAS. — Complaints against personnel of the IAS shall be brought either to the Inspector General's Office or to the Commission.

RULE VI

Disciplinary Mechanisms

SECTION 54. Citizen's Complaint. — Subject to the provision of Section 72 of these Implementing Rules and Regulations, a citizen's complaint of a natural or juridical person against any member of the PNP shall be brought before the following:

a. Chief of Police, where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not exceeding fifteen (15) days;

b. City or Municipal Mayor, where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period of not less than sixteen (16) days but not exceeding thirty (30) days; and

c. People's Law Enforcement Board, as created under Section 43 of Republic Act No. 6975, where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period exceeding thirty (30) days, or by dismissal.

Citizen's complaint refers to a formal charge initiated by a natural or juridical person or his or its representative on account of an injury, damage or disturbance sustained as a result of an irregular or illegal act or omission of a member of the PNP.

The penalties to be imposed upon any member of the PNP under his Section shall be in accordance with the guidelines prescribed by the Commission.

SECTION 55. Internal Discipline. — In dealing with breach of internal discipline, including minor offenses, committed by any member, the duly designated supervisor or equivalent officer of the PNP shall, after due notice and summary hearing, exercise disciplinary powers as follows:

a. Chief of Police or equivalent supervisor may summarily impose the administrative penalty of admonition or reprimand, restriction to specified limits, withholding of privileges, forfeiture of salary or suspension, or any combination of the foregoing: Provided, That, in all cases, the total period shall not exceed fifteen (15) days. CHEIcS

The supervisor equivalent to a Chief of Police is the officer-in-charge of the police station, the district commander of the PNP Mobile Force, or any other officer classified as such by the Commission;

b. Provincial Director or equivalent supervisor may summarily impose the administrative penalty of admonition or reprimand, restrictive custody, withholding of privileges, forfeiture of salary or suspension, or any combination of the foregoing: Provided, That, in all cases, the total period shall not exceed thirty (30) days.

The supervisor equivalent to a PNP Provincial Director is the Head of the Regional Mobile Force, the Head of the Regional Unit of Administrative and Operational National Support Units, the Director of a Police District Office, or any other officer classified as such by the Commission;

c. Police regional director or equivalent supervisor shall have the power to impose upon any member the administrative penalty of dismissal from the service. He may also impose the penalty of admonition or reprimand, restrictive custody, withholding of privileges, suspension or forfeiture of salary, demotion, or any combination of the foregoing: Provided, That, in all cases, the total period shall not exceed sixty (60) days.

The supervisor equivalent to a PNP Regional Director is the Director of a PNP administrative or operational support unit or any other officer classified as such by the Commission; and

d. The Chief of the PNP shall have the power to impose the administrative penalty of dismissal from the service, suspension or forfeiture of salary, or any combination thereof for a period not exceeding one hundred eighty (180) days: Provided, That the Chief of the PNP shall have the authority to place a PNP member under restrictive custody during the pendency of an administrative case for a grave offense or a criminal case for a serious offense filed against said member.

Breach of internal discipline refers to any offense committed by a member of the PNP affecting order and discipline within the police organization.

A minor offense shall refer to any act or omission not involving moral turpitude, but affecting the internal discipline of the PNP, and shall include, but shall not be limited to:

(1) Simple misconduct or negligence;

(2) Insubordination; CDaTAI

(3) Frequent absences and tardiness;

(4) Habitual drunkenness; and

(5) Gambling prohibited by law.

SECTION 56. Exclusive Jurisdiction. — A complaint or a charge filed against a PNP member shall be heard and decided exclusively by the disciplinary authority who acquired original jurisdiction over the case, notwithstanding the existence of concurrent jurisdiction as regards the offense: Provided, That offenses which carry higher penalties referred to a disciplinary authority shall be referred to the appropriate authority which has jurisdiction over the offense.

SECTION 57. Forum Shopping or Multiple Filing of Complaints. — When an administrative complaint is filed with a police disciplinary authority, such as the PLEB, no other case involving the same cause of action shall be filed with any other disciplinary authority.

In order to prevent forum shopping or multiple filing of complaints, the complainant or party seeking relief in the complaint shall certify under oath in such pleading, or in a sworn certification annexed thereto and simultaneously filed therewith, to the truth of the following facts and undertaking:

a. That he or she has not heretofore commenced any other action or proceeding involving the same issues in another disciplinary forum;

b. That to the best of his or her knowledge, no such action or proceeding is pending in another police administrative disciplinary machinery or authority;

c. That if there is any such action or proceeding which is either pending or may have been terminated, he or she must state the status thereof; and

d. That if he or she should thereafter learn that a similar action or proceeding has been filed or is pending before any police disciplinary authority, he or she must undertake to report that fact within five (5) days therefrom to the disciplinary authority where the original complaint or pleading has been filed.

SECTION 58. Summary Dismissal Powers of the National Police Commission, PNP Chief, and PNP Regional Directors. — The National Police Commission, the Chief of the PNP and PNP Regional Directors, after due notice and summary hearings, may immediately remove or dismiss any respondent PNP member in any of the following cases:

a. When the charge is serious and the evidence of guilt is strong;

b. When the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to believe that he or she is guilty of the charges; and CITcSH

c. When the respondent is guilty of a serious offense involving conduct unbecoming of a police officer.

Any member of the PNP who shall go on absence without official leave (AWOL) for a continuous period of thirty (30) days or more shall be dismissed immediately from the service after due notice and summary hearings. The activities and whereabouts of said member during the period shall be investigated and, if found to have committed a crime, he or she shall be prosecuted accordingly.

SECTION 59. Absence Without Official Leave as a Ground for Summary Dismissal. — Absence Without Official Leave (AWOL) refers to the status of any PNP member who absents himself or herself from work without approved leave of absence and encompasses but is not limited to the following:

a. Absence from place of work or assignment without approved vacation leave;

b. Failure to report for duty after the expiration of approved leave of absence;

c. Failure to give notice to his or her immediate superior officer the fact of his or her inability to report for work on account of sickness or injury;

d. Failure to file appropriate application for sick leave after his or her return for work attaching therewith the required medical certificate;

e. Abandonment of work or assignment without prior approval of his or her immediate superior officer; and

f. Failure to report to his or her new assignment or unit within three (3) days from receipt of the order of reassignment or for reporting to a unit where he or she is not officially assigned.

Continuous absences without official leave for thirty (30) calendar days or more incurred by any PNP member under any of the aforementioned categories, shall be a ground for the summary dismissal of a PNP member under the 2nd paragraph of Section 58 hereof.

SECTION 60. Absence Without Official Leave as a Basis for Dropping from the Rolls. — A PNP member who has been continuously absent without approved leave, as defined in the first paragraph of the immediately preceding Section, for thirty (30) calendar days or more may be dropped from the rolls without prior notice: Provided, That said member shall be notified of his or her having been dropped from the rolls, which is a non-disciplinary action, not later than five (5) days from its effectivity: Provided, further, That such notice shall be sent to the address of the PNP member concerned appearing on his or her latest personnel record on file in his or her latest place of work or assignment. ICHAaT

SECTION 61. Disciplinary Appellate Boards. — The formal administrative disciplinary appellate machinery of the Commission for the PNP members shall be the National Appellate Board (NAB) and the Regional Appellate Boards (RABs).

The NAB shall be composed of the four (4) regular Commissioners and shall be chaired by the Executive Officer. The Board shall consider appeals from decisions of the Chief of the PNP.

The NAB may conduct its hearings or sessions in Metropolitan Manila or any part of the country as it may deem necessary.

There shall be at least one (1) RAB in every administrative region in the country to be composed of a senior officer of the regional office of the Commission as Chairman and one (1) representative each from the PNP, and the regional peace and order council as members: Provided, That the Commission may create additional regional appellate boards as the need arises.

SECTION 62. Preventive Suspension Pending Criminal Case. — Upon the filing of a complaint or information sufficient in form and substance against a member of the PNP for grave felonies or serious offenses where the penalty imposed by law is six (6) years and one (1) day or more, the court shall immediately suspend the accused from office for a period not exceeding ninety (90) days from arraignment: Provided, however, That if it can be shown by evidence that the accused is harassing the complainant or witnesses, the court may order the preventive suspension of the accused PNP member even if the charge is punishable by a penalty lower than six (6) years and one (1) day: Provided, further, That the preventive suspension shall not be more than ninety (90) days except if the delay in the disposition of the case is due to the fault, negligence or petitions of the respondent: Provided, finally, That such preventive suspension may be sooner lifted by the court in the exigency of the service upon recommendation of the Chief of the PNP. Such case shall be subject to continuous trial and shall be terminated within ninety (90) days from arraignment of the accused.

SECTION 63. Legal Assistance. — The Secretary of Justice, the Chairman of the Commission, or the Chief of the PNP may authorize lawyers of their respective agencies to provide 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 or her official duty: Provided, That government lawyers so authorized shall have the power to administer oaths: Provided, further, That in such cases, when necessary, as determined by the Commission, a private counsel may be provided at the expense of the Government. The Secretary of Justice, the Chairman of the Commission, and the Chief of the PNP, shall jointly promulgate rules and regulations to implement the provisions of this Section.

RULE VII

Creation of Women's Desks in All Police Stations and the Formulation

SECTION 64. Creation and Functions. — The PNP shall establish women's desk in all police stations throughout the country to administer and attend to cases involving crimes against chastity, sexual harassment, abuses committed against women and children and other similar offenses: Provided, That municipalities and cities presently without policewomen will have two (2) years upon the effectivity of Republic Act No. 8551 within which to comply with the requirement of this Section.

SECTION 65. Prioritization of Women for Recruitment. — Within five (5) years from the effectivity of these Implementing Rules and Regulations, the PNP shall prioritize the recruitment and training of women who shall serve in the women's desks. To satisfy this requirement, the PNP shall reserve ten percent (10%) of its annual recruitment, training, and education quota for women.

SECTION 66. Gender Sensitivity Program. — The Commission shall formulate a gender sensitivity program which shall include but shall not be limited to the establishment of equal opportunities for women in the PNP, the prevention of sexual harassment in the workplace, and the prohibition of discrimination on the basis of gender or sexual orientation. ITADaE

SECTION 67. Administrative Liability. — Any PNP member who shall violate the established rules and regulations regarding gender sensitivity and gender equality shall be suspended without pay for not less than thirty (30) days and shall undergo gender sensitivity seminar or training: Provided, That any member who violates the rules more than twice shall be recommended for demotion or dismissal from the PNP.

SECTION 68. Non-Prohibition for Promotion. — Nothing in this Rule shall be construed as a restriction on the assignment of policewomen to other positions in the PNP nor shall any provision of this Rule be used for the non-promotion of a PNP female member to higher position.

RULE VIII

Participation of Local Government Executives in the Administration of the PNP

SECTION 69. Powers of Local Government Officials Over the PNP Units or Forces. — Governors and mayors shall be deputized as representatives of the Commission in their respective territorial jurisdictions. As such, the local executives shall discharge the following functions:

a. Provincial Governor

(1) Power to Choose the Provincial Director. — The Provincial Governor shall choose the Provincial Director from a list of three (3) eligibles recommended by the PNP regional director. TIaCAc

(2) Overseeing the Provincial Public Safety Plan Implementation. — The Governor, as Chairman of the provincial peace and order council, shall oversee the implementation of the provincial public safety plan, which is prepared taking into consideration the integrated community public safety plans.

b. City and Municipal Mayor

(1) Operational Supervision and Control. — The City and Municipal Mayors shall exercise operational supervision and control over the PNP units in their respective jurisdictions except during the thirty (30) day period immediately preceding and the thirty (30) days following any national, local or barangay elections. During the said period, the local police forces shall be under the supervision and control of the Commission on Elections.

The term "operational supervision and control" shall mean the power to direct, superintend, and oversee the day to day functions of police investigation of crime, crime prevention activities, and traffic control in accordance with the rules and regulations promulgated by the Commission.

It shall also include the power to direct the employment and deployment of units or elements of the PNP, through the Chief of Police to ensure public safety and effective maintenance of peace and order within the locality. For this purpose, the terms "employment" and "deployment" shall mean as follows:

"Employment" refers to the utilization of units or elements of the PNP for purposes of protection of lives and properties, enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of criminal offenders and bringing the offenders to justice, and ensuring public safety, particularly in the suppression of disorders, riots, lawlessness, violence, rebellious and seditious conspiracy, insurgency, subversion of other related activities.

"Deployment" shall mean the orderly and organized physical movement of elements or units of the PNP within the province, city or municipality for purposes of employment as herein defined. DCaSHI

(2) Integrated Area or Community Public Safety Plans. — The City or Municipal Mayor shall, in coordination with the local peace and order council of which he or she is the chairperson pursuant to Executive Order No. 309, as amended, develop and establish an integrated area or community public safety plan including priorities of action and program thrusts for implementation by the local police stations.

It shall, likewise, be the duty of the City or Municipal Mayor to sponsor periodic seminars for members of the PNP assigned or detailed in his or her city or municipality in order to update them regarding local ordinances and legislations.

(3) Administrative Disciplinary Powers. — The City and Municipal Mayors shall have the power to impose, after due notice and summary hearings, disciplinary penalties for minor offenses committed by members of the PNP assigned to their respective jurisdictions as provided in Section 41 of Republic Act No. 6975, as amended by Section 52 of Republic Act No. 8551.

(4) Other Powers. — (a) In addition to the aforementioned powers, the City and Municipal Mayors shall have the following authority over the PNP units in their respective jurisdictions. aEAIDH

(a.1) Authority to choose the Chief of Police from a list of five (5) eligibles recommended by the Provincial Police Director, preferably from the same province, city or municipality: Provided, That the Chief of Police chosen shall not be transferred or replaced without the recommendation of the City or Municipal Mayor concerned: Provided, further, That in no case shall an officer-in-charge be designated for more than thirty (30) days: Provided, furthermore, That the local peace and order council may, through the City or Municipal Mayor, recommend the recall or reassignment of the Chief of Police when, in its perception, the latter has been ineffective in combating crime or maintaining peace and order in the city or municipality: Provided, finally, That such relief shall be based on guidelines established by the Commission;

(a.2) Authority to recommend to the Provincial Director the transfer, reassignment or detail of PNP members outside of their respective city or town residences;

(a.3) Authority to recommend from a list of eligibles previously screened by the peace and order council the appointment of new members of the PNP to be assigned to their respective cities or municipalities without which no such appointments shall be attested: Provided, That whenever practicable and consistent with the requirements of the service, PNP members shall be assigned to the city or municipality of their residence; and

(a.4) Authority to make a periodic review and evaluation of the performance of the members of the PNP assigned to their respective jurisdictions in accordance with the rules and regulations and standards, and code of conduct promulgated by the Commission.

The control and supervision of anti-gambling operations shall be within the jurisdiction of local government executives.

For this purpose, the term "control and supervision" shall be construed to mean the power of the City or Municipal Mayor to direct, superintend, and oversee the local PNP units in the campaign against illegal gambling in his jurisdiction. This power of "control and supervision" does not include the authority to select or assign individual members of the PNP to compose the team for the anti-gambling operations. The local executives shall deal only with answers to what, where and why, leaving the who, when, and how to the PNP Chief of Police concerned.

The power to direct the tactical and strategic movements, deployment, placements or specific utilization of individual PNP members, and components, equipment, facilities and other resources is vested in the Chief of Police and the heads of the various levels of PNP offices. All instructions of the City or Municipal Mayor in the exercise of this power of "control and supervision" over the campaign against illegal gambling in his jurisdiction should always be coursed through the Chief of Police concerned.

SECTION 70. Automatic Deputation of Local Government Executives as Representatives of the National Police Commission. — Governors and Mayors upon having been elected and having qualified as such, are automatically deputized as representatives of the Commission in their respective jurisdictions. Such officials shall furnish the Commission, through its regional offices, a copy of their oaths of office as Governors or Mayors, as the case may be, within thirty (30) days from their assumption of office. Thereafter, formal deputation orders shall be issued to them by the Commission. As deputized agents of the Commission, local government executives can inspect police forces and units, conduct audit, and exercise other functions as may be duly authorized by the Commission.

SECTION 71. Suspension or Withdrawal of Deputation. — Unless reversed by the President, the Commission may, after consultation with the Provincial Governor and Congressman concerned, suspend or withdraw the deputation of any local executives for any of the following grounds:

a. Frequent unauthorized absences;

b. Abuse of authority;

c. Providing material support to criminal elements; or

d. Engaging in acts inimical to national security or which negates the effectiveness of the peace and order campaign. ECaTDc

Upon good cause shown, the President may, motu proprio or through the Commission, restore such deputation withdrawn from the local executive.

RULE IX

Strengthening the People's Law Enforcement Board

SECTION 72. People's Law Enforcement Board (PLEB). — a. Creation and Functions. — The Sangguniang Panlungsod or Sangguniang Bayan in every city and municipality shall create such number of People's Law Enforcement Boards (PLEBs) as may be necessary: Provided, That there shall be at least one (1) PLEB for every five hundred (500) city or municipal police personnel and for each of the legislative districts in a city.

The PLEB shall be the central receiving entity for any citizen's complaint against PNP members. As such, every citizen's complaint, regardless of the imposable penalty for the offense alleged, shall be filed with the PLEB of the city or municipality where the offense was allegedly committed. Upon receipt and docketing of the complaint, the PLEB shall immediately determine whether the offense alleged therein is grave, less grave or minor.

Should the PLEB find that the offense alleged is grave or less grave, the Board shall assume jurisdiction to hear and decide the complaint by serving summons upon the respondent within three (3) days from receipt of the complaint. ETaHCD

If the PLEB finds that the offense alleged is minor, it shall refer the complaint to the Mayor or Chief of Police, as the case may be, of the city or municipality where the PNP member is assigned within three (3) days upon the filing thereof.

If the city or municipality where the offense was committed has no PLEB, the citizen's complaint shall be filed with the regional or provincial office of the Commission nearest the residence of the complainant.

b. Composition and Term of Office — The PLEB shall be composed of the following:

(1) Any member of the Sangguniang Panlungsod or Sangguniang Bayan chosen by his or her respective sanggunian;

(2) Any Barangay Captain of the city or municipality concerned chosen by the Association of Barangay Captains; and

(3) Three (3) other members who are removable only for cause to be chosen by local peace and order council from among the respected members of the community known for their probity and integrity, one (1) of whom must be a woman and another a member of the Bar, or, in the absence thereof, a college graduate, or the principal of the central elementary school in the locality.

The Chairman of the PLEB shall be elected from among its members. The term of office of the members of the PLEB shall be for a period of three (3) years from assumption of office. Such member shall hold office until his or her successor shall have been chosen and qualified. The Chairman and members of the PLEB shall furnish the Commission, through its regional offices, copies of their oaths of office within thirty (30) days upon assumption.

c. Compensation — Membership in the PLEB is a civic duty. However, PLEB members shall be paid per diem and shall be provided with life insurance coverage as may be determined by the city or municipal council from city or municipal funds. The DILG shall provide for the per diem and insurance coverage of PLEB members in certain low income municipalities.

SECTION 73. Budget Allocation. — The annual budget of the Local Government Units (LGUs) shall include an item and the corresponding appropriation for the maintenance and operation of their local PLEBs.

Municipalities or cities without a PLEB or with insufficient number of organized PLEBs shall have thirty (30) more days from the effectivity of these implementing rules and regulations to organize their respective PLEBs. After such period, the DILG and the Department of Budget and Management shall withhold the release of the LGU's share in the national taxes in cities and municipalities still without PLEBs. IDASHa

SECTION 74. Request for Preventive Suspension. — The PLEB may ask any authorized superior to impose preventive suspension for a period not exceeding ninety (90) days against a subordinate police officer who is the subject of a complaint. A request for preventive suspension shall not be denied by the superior officer in the following cases:

a. When the respondent refuses to heed the PLEB's summons or subpoena;

b. When the respondent has been charged with offenses involving bodily harm or grave threats;

c. When the respondent is in a position to tamper with the evidence; and

d. When the respondent is in a position to unduly influence the witnesses.

Any superior who fails to act on any request for suspension without valid grounds shall be held administratively liable for serious neglect of duty.

RULE X

Transitory Provisions

SECTION 75. Transition. — The provisions on the reorganization and the civilianization of the PNP and the devolution of police capabilities to the local police forces shall be effected within three (3) years after March 6, 1998, the effectivity of Republic Act No. 8551.

RULE XI

Final Provisions

SECTION 76. Repealing Clause. — All memorandum circulars, resolutions, orders, and other issuances or parts thereof which are inconsistent with Republic Act No. 8551 or with these Implementing Rules and Regulations are hereby repealed, amended or modified accordingly.

SECTION 77. Implementing Details. — The National Police Commission shall issue such additional implementing rules and regulations as may be necessary to further clarify any part of the herein regulations.

SECTION 78. Effectivity Clause. — These Implementing Rules and Regulations shall take effect upon their publication in three (3) newspapers of general circulation. cSaADC

DONE in the City of Makati this 11th day of January, 1999

(SGD.) RONALDO V. PUNOUndersecretary, DILGActing Chairman, Napolcom

(SGD.) LEO S. MAGAHUMCommissionerVice Chairman and Executive Officer

 

(SGD.) JOSE PERCIVAL L. ADIONG	(SGD.) ROMEO L. CAIRME
Commissioner	Commissioner

 

(SGD.) CLEOFE M. FACTORAN	(SGD.) ROBERTO T. LASTIMOSO
Commissioner	Commissioner

 

Attested by:

(SGD.) REYNALDO JD CUADERNODeputy Executive Director IV