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LEA 1 (POLICE ORGANIZATION WITH INTER AGENCY APPROACH

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0% found this document useful (0 votes)
3 views

LEA 1 (POLICE ORGANIZATION WITH INTER AGENCY APPROACH

Uploaded by

Jerry Platin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1

POLICE ORGANIZATION & ADMINISTRATION


2

PART

1
HISTORY OF THE PNP

===============================================

Introduction
The passage into law on December 13, 1990 of
Republic Act No. 6975, gave way to the creation of the
country's police force that is national in scope and
civilian in character. It is administered and
controlled by the National Police Commission. With the
effectivity of Republic Act No. 8551, the PNP was
envisioned to be a community and service oriented
agency.

As mandated by the said law, the PNP has activated


the Internal Affairs Service (IAS) on June 1, 1999. It
is an organization within the structure of the PNP, and
one of its tasks is to help the Chief, PNP institute
reforms to improve the image of the police force
through assessment, analysis and evaluation of the
character and behavior of the police personnel. It is
headed by the Inspector General.

Early Origins of the Police Forces


The police under the local setting primitively
evolved from the practice of the different tribes to
select able-bodied young men to protect the people from
the assault of the rival tribe, and to maintain peace
and order within the village.

By the coming of the Spaniards, the country’s


police system started. The police were then called
Guardillo, later the function of law enforcement were
assumed by the Cuerpo de Carabineros de Seguridad
Republica. In 1852, Guardia Civil took over the peace
keeping duties in the island under a Royal Decree.
After the Spanish Era, another master begins, the
Americans came to our country to conquer and rule the
Philippine Republic. While the American Soldiers were
busy fighting the tug army of Gen. Aguinaldo, Gov.
Taft, established a police which shall maintain peace
and order. On January 9, 1901, Manila Police was
formally organized by virtue of Act No. 175 of the
Philippine Commission. Thereafter adjoining places
follow through.
3

Implementation of Act No. 175


On August 8, 1901, with the sanction of the U. S.
War Department, Henry T. Allen, a graduate of the U.S.
Military Academy, a regular captain but then a
Lieutenant Colonel of the U.S. Cavalry Volunteers in
the Philippines officially designated and confirms by
the Commission as Chief of Constabulary. His
designation as Chief was formally inaugurated, and on
the same day buckled down to work.

Realizing the fact that military solution to the


problem is unwired; the military authorities opted to
recommend to the Philippine Commission headed by
William Taft to take over. In accordance with the
instructions of the Secretary of War Elihu Root, the
Commission took over the government from the military
on July 18, 1901 with Taft as Civil Governor.

Filipinianization of the Constabulary


The gradual Filipinianization of the Constabulary
officer corps proved to be a sound move for World War I
which was soon to break out and to drag the United
States into it and many of the top Constabulary's
American officers joined the U.S. Expeditionary Forces
to France. This development gave the opportunity for
the Filipinos to run the Constabulary themselves. The
first to be given the chance was Brig. Gen. Rafael T.
Crame, appointed PC Chief in December 1917. Thus, for
the first time in sixteen (16) years of existence, the
Constabulary was placed under Filipino leadership.
With the assumption of Brig. Gen. Crame, the
Constabulary Districts were renamed and their
respective districts redefined. The 4th District came
to be known as District of Northern Luzon based in San
Fernando, La Union; the 1st District was renamed
District of Central Luzon; the 2nd District was renamed
District of Southern Luzon; the 3rd District was
renamed District of Visayas and the 5th District was
renamed district of Mindanao based in Zamboanga.

The Post War Constable


On October 28, 1944, President Sergio Osmeña
issued an Executive Order creating all insular police
called Military Police Command, USAFFE pursuant to
USAFFE General Orders Nos. 50 & 51, re-designated it as
Military Police Command, AFWESPAC. This idea was
conceived to restore the bad image of the Constabulary
during the Japanese occupation when these constables
were made to run after the guerrillas.

However, after the years of existence, the


Constabulary was revived on July 1, 1947. About 12, 000
officers and men were withdrawn from the Military
Police Command (MPC) and transferred to the Department
4

of Interior (DI), and designated as the national police


force is the Philippine Constabulary.

All the functions of the Military Police Command


(MPC) except those military in character "were
thereafter exercised and assumed by the PC in
connection with Sections 832-840 & 848 of the Revised
Administrative Code,” were declared in full force and
effect, pursuant to EO No. 94 dated October 4, 1947.

Constitution of the Police Forces


The Administrative Code of the Philippines,
promulgated on September 10, 1955, provided for the
constitution of police forces in every cities and
municipalities with the officers and members thereof
being appointed by the Mayors with the consent of the
City or Municipal Council. Under this set-up the police
are primarily a political entity that tended to serve
the wills of those in power.

In an effort to improve the quality and morale of


all existing police forces, R.A. No. 4864, known as the
Police Act of 1966 was enacted, by virtue of which,
National Police Commission was created, vested with the
power to supervise and control the police forces all
over the country. Under this act the administration,
control and disciplinary measures, including training
of each member are placed under the exclusive
jurisdiction of the NAPOLCOM.

Integration of the Police Forces


The early seventies saw the rapid escalation of
subversive activities of the insurgents throughout the
country. So, on September 21, 1972, the then President
Ferdinand E. Marcos proclaimed Martial Law throughout
the country by virtue of Proclamation No. 1081, and
subsequently Presidential Decree No. 765 was put into
effect on August 8, 1975.

The said law instituted the integration of the


nation’s police forces with the Philippine Constabulary
or the PC/INP, virtually making the Integrated National
Police a component of the Armed Forces of the
Philippines, and under the general supervision of the
Department of National Defense.

Creation of the Philippine National Police


In response to the call for public safety and
reforms within the organization, Honorables Teodulo
Natividad, Blas Ople, Regalado Maambong and Rustico
Delos Reyes authored the provisions of Sec. 6, Art. XVI
in the 1987 Constitution, which provides that, “the
state shall establish and maintain one police force,
which shall be national in scope and civilian in
5

character, to be administered and controlled by the


NAPOLCOM. The authority of local executives over the
police units in their respective jurisdiction shall be
provided by the law.

This gave birth in the enactment of RA No. 6975,


entitled “An Act Establishing the Philippine National
Police Under the Reorganized Department of the Interior
and Local Government and for Other Purposes,”

which took effect on January 2, 1991. The


said act was subsequently amended by RA No. 8551,
entitled “An Act Providing for the Reform and
Reorganization of the Philippine National Police,
and for Other Purposes,” which took effect on
March 6, 1998.

Powers and Functions of the PNP


As provided by Section 14, RA 6975, hereunder are
the powers and functions of the PNP:

1. Enforce all laws and ordinances relative to


the protection of lives and properties; and maintain
peace and order and take all necessary steps to ensure
public safety;

2. Investigate and prevent crimes, effects the


arrest of criminal offenders, bring offenders to
justice and assist in their prosecution; exercise the
general powers to make arrest, search and seizure in
accordance with the Constitution and pertinent laws;

3. 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;

4. Issue licenses for the possession of firearms


and explosives in accordance with law; and supervise
and control the training and operations of security
agencies and issue licenses to operate agencies, and to
security guards and private detectives, for the
practice of their professions, and

5. Perform such other duties and exercise all


other functions as may be provided by law.
6

PART

ORGANIZATIONAL STRUCTURE

===============================================
The police force shall be organized, trained and
equipped primarily for the performance of police
functions. Its national scope and civilian character
shall always be paramount.

Composition of the PNP

The Philippine National Police (PNP) is hereby


established, initially consisting of the members of the
police forces who were integrated into the Integrated
National Police (INP) pursuant to Presidential Decree
No. 765, and the officers and enlisted personnel of the
Philippine Constabulary (PC).

Officers and enlisted personnel of the PC shall


include those assigned with the Narcotics Command
(NARCOM), Criminal Investigation Service (CIS),
together with the civilian operatives, and those of the
technical service of the Armed Forces of the
Philippines (AFP) assigned with the PC.

Also included are the absorbed regular operatives


of the abolished Inspection, Investigation and
Intelligence Branch (IIIB) of the National Police
Commission (NAPOLCOM).

Organization of the PNP

The PNP shall be headed by a Chief with the rank


of Police General, who shall be assisted by two (2)
Deputy Chiefs, and that is one (1) for administration,
who is the second in command with the rank of Deputy
Director General, and one (1) for operations, who is
third in command with the rank of Deputy Director
General. The organizational structure is composed of
the national office, regional offices, provincial
offices, district offices, city and municipal stations.
The national office is composed of the following:

1. The Office of the Chief, PNP, the Office of


the Deputy Chief for Administration, the Office of the
Deputy Chief for Operations, and the Office of the
Chief, Directorial Staff;

2. The sixteen (16) Staff Directorates as


follows: Directorate for Personnel and Records
Management (DPRM), Directorate for Human Resource and
Doctrine Development (DHRDD), Directorate for Logistics
(DL), Directorate for Research and Development (DRD),
7

Directorate for Comptrollership (DC), Directorate for


Intelligence (DI), Directorate for Operations (DO),
Directorate for Plans (DP), Directorate for Police-
Community Relations (DPCR), Directorate for
Investigation and Detective Management (DIDM),
Directorate for Information and Communications
Technology (DITC), and the five Directorates for
Integrated Police Operations (DIPOs).

3. The Office of the Inspector General, Internal


Affairs Service (IG, IAS), Center for Police Strategy
Management (CPSM), and Public Information Office (PIO),
all under the Office of the Chief, PNP.

4. The twelve (12) Administrative Support Units


(ASUs), as follows: Chaplain Service, Information
Technology Management Service (ITMS), Communications
and Electronic Service (CES), Engineering Service (ES),
Finance Service (FS), Headquarters Support Service
(HSS), Health Service (HS), Legal Service (LS),
Logistic Service (LOGS), Training Service (TS), and the
Police Retirees Benefits Service (PRBS), PNP
Recruitment and Selection Service (PNPRSS).

5. The twelve (12) Operational Support Units


(OSUs), as follows: Aviation Security Group (ASG),
Civil Security Group (CSG), Forensic Group (FG),
Criminal Investigation and Detection Group (CIDG),
Maritime Security Group (MSG), Police-Community
Relations Group (PCRG), Police Highway Patrol Group
(PHPG), Police Intelligence Group (PIG), Police
Security and Protective Group (PSPG), Special Action
Force (SAF), and Anti-Kidnapping Group (AKG) and Anti-
Cyber Crime Unit (ACG).

6. The PNP Regional Offices (PROs) corresponding


to the following: the Office of the Regional Director
(ORD), the Office of the Deputy Regional Director for
Administration (ODRDA), the Office of the Deputy
Regional Director for Operations (ODRDO), the Office of
the Chief, Regional Directorial Staff (CRDS) with staff
divisions, as follows: Regional Personnel and Records
Management Division (RPRMD), Regional Intelligence
Division (RID), Regional Operations (ROD), Regional
Logistics Division (RLD), Regional Police-Community
Relations Division (RPCRD), Regional Comptrollership
and Finance Division (RCFD), Regional Detective
Management and Investigation Division (RIID), Regional
Plans and Training Division (RPTD), the Regional
Headquarters Support Group (RHSG), the Regional Public
Service Battalion (RPSB), and the RASUs and the ROSUs.

7. The five (5) Police District Offices (PDO) of the


National Capital Region (NCR), each headed by a
District Director (DD) and assisted by a Deputy
District Director (DDD), and the District Intern
8. al Affairs Service (DIAS) which is under the
District Director.
8

8. The Police Provincial Office (PPO)


corresponding to all provinces throughout the country,
each headed by a Provincial Director (PD) and assisted
by a Deputy Provincial Director (DPD), and the
Provincial Internal Affairs Service (PIAS) which is
under the Provincial Director.

9. The City Police Office (CPO) of highly


urbanized cities outside of NCR which shall be under
the command and direction of the Regional Director (RD)
and equivalent to a Provincial Police Office (PPO),
headed by a City Director (CD) and assisted by Deputy
City Director (DCD), and the City Internal Affairs
Service (CIAS).
10. The Provincial/City Public Safety Company
(P/CPSC) headed by the Company Commander (BC/CC)) to
enhance the police internal security operations in the
province, and to assist the AFP in counter-insurgency.

11. The Police Station (PS) headed by a Chief of


Police (COP) which is established in every component
city and municipality and which is under the direct
supervision of the PD, and with subordinate Police
Community Precincts (PCP), and the Community-Police
Assistance Centers (COMPAC), classified as follows:

a. Cities i.e., Type “A” - population of


100,000 or more, Type “B” - population of 75,000 to
less than 100,000, and Type “C” - population of less
than 75,000.

b. Municipalities, i.e., Type “A” -


population of 75,000 or more, Type “B” - population of
30,000 to less than 75,000, and Type “C” - population
of less than 30,000.

Manning Levels
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
by cities and municipalities shall depend on the state
of peace and order, population density and actual
demands of the service in the particular area. However,
the minimum police-to-population ratio shall not be
less than one (1) policeman for every one thousand
(1,000) persons. Urban areas shall have a higher
minimum police-to-population ratio as maybe prescribed
by regulations promulgated by the NAPOLCOM.

Rank Classifications
For purposes of efficient administration,
supervision and control, the rank classifications of
the member of the PNP shall be as follows:

PNP Ranks AFP Ranks


9

Police General General


Police Lieutenant General Lieutenant General
Police Major General Major General
Police Brigadier General Brigadier General
Police Colonel Colonel
Police Lieutenant Colonel Lieutenant Colonel
Police Major Major
Police Captain Captain
Police Lieutenant Lieutenant
Police Executive Master Sergeant Master Sergeant
Police Chief Master Sergeant Technical Sergeant
Police Senior Master Sergeant Staff Sergeant
Police Master Sergeant Sergeant
Police Staff Sergeant Corporal
Police Corporal Private First Class
Patrolman/Patrolwoman Private

Percentage Rank Distributions


The percentage rank distributions of the uniformed
members, except for the rank of Police Brigadier
General and above, shall be as follows:

Rank Percentage
Police Colonel .23%
Police Lieutenant Colonel .61%
Police Major 1.22%
Police Captain 2.25%
Police Lieutenant 4.10%
Police Executive Master Sergeant 4.10%
Police Chief Master Sergeant 7.74%
Police Senior Master Sergeant 9.78%
Police Master Sergeant I 12.50%
Police Staff Sergeant 14.95%
Police Corporal 18.77%
Patrolman/Patrolwoman 23.75%
======= Total
100.00%

At present there are ninety (90) star rank


officers in the PNP, i.e., from Police Brigadier
General to Police General.
PART

RECRUITMENT & SELECTION

===============================================
Whereas, Section 14 of R.A. No. 8551 amending
Section 30 of R.A. No. 6975, prescribes the minimum
qualifications for appointment of uniformed personnel
in the Philippine National Police (PNP).

General Qualifications
10

Hereunder are the general qualifications and


standards in the recruitment and selection of police
personnel, as follows:

1. A citizen of the Philippines;

2. A person of good moral character;

3. Must have passed the psychiatric and


psychological, physical, medical and dental, and drug
tests to be administered by the PNP Health Service and
Crime Laboratory Service or by any NAPOLCOM accredited
government hospital for the purpose of determining
physical and mental health;

4. Must possess a formal baccalaureate degree


from a recognized learning institution;

5. Must be eligible in accordance with the standards


set by the Commission;

6. Must not have been convicted by final


judgment of an offense or crime involving moral
turpitude;

7. Must not have been dishonorably discharged


from military employment or on AWOL or Dropped from
Rolls from the PNP service or dismissed for cause from
any civilian position in the government;

8. Must have no pending criminal case in any


court, including the Office of the Ombudsman or any
administrative case if already an employee of the
government;

9. Must be at least one meter and fifty-seven


cm. (1.57m) in height for male and one meter and fifty-
two cm. (1.52m) in height for female;

10. Must weigh not more or less than five


kilograms (5kgs.) from the standard weight
corresponding to his/her height, age and sex; and

11. Must not be less than twenty-one (21) nor


more than thirty (30) years of age.

Appropriate Eligibilities
The appropriate eligibilities to
Patrolman/Patrolwoman was those acquired from the
following:

1. NAPOLCOM PNP Entrance Examination.

2. R.A. No. 6506-Licensed Criminologist.

3. R.A. No. 1080-Board and Bar Examinations

4. P.D. No. 907-Honor Students.


11

5. Civil Service Eligibilities.

Distribution Criteria of Patrolman/Patrolwoman


To attain the equitable distribution, the
allocation of quota at the city or municipal levels
shall be based on the set of criteria, as follows:

1. Police-to-population ratio as herein


provided: highly urbanized cities - 1:500 to 700;
component cities - 1:650 to 800; and municipalities -
1:750 to 1000.

2. Peace and order conditions, actual demand of


the service, and class of city and municipality.

Regular Recruitment Quota

The recruitment quota given to any of the National


Support Units (NSU) shall be based on the actual
demands of the functional area covered. Within five (5)
working days from receipt of the proposed annual
recruitment quota, the Commission shall grant the
Chief, PNP with the authority to recruit through a
Resolution which shall contain the approved quota
distribution and supplemental guidelines peculiar to
the particular recruitment.

Attrition Recruitment Quota


Upon receipt of the recruitment quota, the Mayor
as Chairperson of the Local Peace and Order Council
(LPOC) shall create an Ad Hoc Body composed of four (4)
members, namely: Vice-Mayor, DILG-CLGOO/MLGOO, POC
Member, and City Director/Chief of Police. The City
Director/Chief of Police (CD/COP) shall serve as the
Secretariat for this activity. He shall publish the
list of applicants in public places and through the
local media, if any, to encourage the public to report
any information relative to the worthiness of the
applicant to become law enforcer in their community.

Final Evaluation of Applicant


The final evaluation of applicant to the position
of Patrolman/Patrolwoman includes the sequential
conduct of the following examinations, i.e., Body Mass
Index (BMI) Measurement,Physical Agility Test (PAT),
Psychiatric or Psychological Examination (PPE),
Complete Physical, Medical and Dental Examination
(PMDE) and Final Committee Interview (FCI).
The Drug Test (DT) shall not follow the sequential
step but shall be conducted anytime after the PPE—on
passers only, and before the Final Committee Interview
12

(FCI)—on PMDE passers only. The Character and


Background Investigation (CBI) shall be conducted on
all PPE passers and must be completed before the start
of the Final Committee Interview (FCI).

Appointing Authorities
The following shall be the appointing authorities
to the rank of patrolman/Patrolwoman:

1. The Chief, PNP for applicants recruited at the


national level.

2. The PNP Regional Director for applicants


recruited at the regional level.

3. The Director of the concerned National Support


Unit (NSU) for applicants recruited by such particular
unit.

Status of Appointment
The following are the status of appointment of
newly appointed Patrolman/Patrolwoman:

1. Temporary appointment shall be issued to a


newly recruited Patrolman/Patrolwoman who meets the
required minimum qualifications, except the training
required which is the PNP Field Training Program (FTP).
The FTP shall be composed of the Public Safety Basic
Recruit Course (PSBRC) and the Field Training Exercise
(FTX).

2. Permanent appointment shall be issued to a


Patrolman/Patrolwoman after the completion of the
required PNP Field Training Program for twelve (12)
months actual experience and assignment in patrol,
traffic, and investigation.

Guidelines in the Appointment on Waiver Program


The following are the guidelines in the appointment
of Patrolman/Patrolwoman under a waiver program:

1. The age, height and weight for initial


appointment to the PNP may be waived only when the
number of qualified applicant fall below the approved
quota, and the Commission En Banc my grant age, height,
and weight waiver. The RD, NAPOLCOM may grant height
waiver to a member of indigenous group.

2. Waiver of the age requirement may be granted


provided that applicant shall not be less than 20 or
not more than 35 years of age. For purposes of this
paragraph, one is considered to be not over 35 years
old if he is no yet reached his or her 36th birthday on
the date of the issuance of his or her appointment.
13

Selection Criteria on Waiver Program


Applicants who possess the least disqualification
shall take precedence over those who possess more
disqualification. The requirements shall be waived in
the following order, i.e., age, height, and weight.
Each applicant for waiver must possess special
qualifications, skills, or attributes useful to or
needed by the PNP, which are sufficient to compensate
to his or her lack or certain minimum qualifications.

Factors to be considered in the grant of waiver,


are as follows: outstanding accomplishments or
possession of special skills in law enforcement or
police work, martial arts, marksmanships and similar
skills; special talents in the field of sports, music,
and others; and extensive experience or training in
forensic science and other technical services.

PART

PROMOTION, ATTRITION & RETIREMENT

===============================================

In furtherance of Section 14(e), R.A. No. 6975, as


amended by R.A. No. 8551, as further amended by R.A.
No. 9708, which authorized the National Police
Commission to prescribe rules and regulations on the
promotion of the PNP uniformed personnel, the following
policies are hereby issued for strict adherence of all
concerned.

Types of Promotions
Hereunder are the types of promotions as provided
by R.A. No. 8551:

1. Regular Promotion

A member of the PNP shall not be eligible for


promotion to a higher position or rank unless he has
successfully passed the corresponding promotional
examination given by the Commission, or the Bar or
corresponding board examinations for technical services
and other professions, and has satisfactorily completed
an appropriate and accredited course in the PNP or
equivalent training institutions, and acquired the
necessary work experience. In addition, no member of
the PNP shall be eligible for promotion unless he has
been cleared by the People's Law Enforcement Board
(PLEB) of complaints proffered against him, if any.

2. Special Promotion
14

Special promotion may be extended to any member of


the PNP for acts of conspicuous courage and gallantry
at the risk of his life above and beyond the call of
duty or selected as such in a nationwide search
conducted by the PNP or any accredited civic
organization.

3. Promotion by Virtue of Position

Any PNP personnel 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 rank adjustment
corresponding to the position. Provided, that the
personnel shall not be reassigned to a position calling
for a higher rank until after two (2) years from the
date of such rank adjustment.

Appointing Authority for Promotion


The following are the appointing authorities for
promotion:

1. Patrolman/Patrolwoman to Senior
Patrolman/PatrolwomanV. Appointed by the Regional
Director for regional personnel, Director, NSU for NSU
personnel, or by the Chief, PNP for the national
headquarters personnel and attested by the Civil
Service Commission;

2. Inspector to Superintendent. Appointed by the


Chief of the PNP, as recommended by their immediate
superiors, and attested by the Civil Service
Commission;

3. Senior Superintendent to Deputy Director


General. Appointed by the President 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

4. Director General. Appointed by the President


from among the senior officers down to the rank of
chief superintendent in the service, subject to
confirmation by the Commission on Appointments:
Provided, That the Chief of the PNP shall serve a tour
of duty not to exceed four (4) years; Provided,
further, That, in times of war or other national
emergency declared by Congress, the President may
extend such tour of duty.

Mandatory Requirements for Promotion


The following are considered mandatory
requirements for candidate for promotions:
15

1. Minimum Educational Attainment, i.e., non-


officer—college degree, and officer—college degree, but
preferably with master’s degree.

2. Completion of Appropriate Training Course.

3. Work Experience.

4. Appropriate Police Eligibility, prescribed by


the National Police Commission.

Effects of Pending Case on Promotions

Mere pendency of an administrative or criminal


case shall be a bar for the promotion of a qualified
candidate, more particularly when the latter has been
placed under preventive suspension by reason of the
fact that the charge is serious and the evidence of
guilt is strong. If one who has been promoted has a
pending case, such promotional appointment shall be on
temporary status only, subject to change of status to
permanent by application thru the proper channels of
the individual PNP member, upon favorable disposition
of the case against him.

Weight of Seniority in Promotion

The qualified seniority rule is to be applied in


the sense that the length of service is merely one of
the various factors specified in the factors considered
for promotion which shall be used to determine
preference in promotional status.

Seniority shall be used as a governing factor only


when clearly and positively related to job performance
and when all the other relevant factors specified in
factors considered for promotion are relatively equal
among the candidates.

Means of Attrition
The following are the means of attrition as
provided under Section 24 to 29 of R.A. No. 8551,
including other grounds for attrition as deemed
necessary by the Commission:

1. Attrition by Attainment of Maximum Tenure

Position Maximum Tenure


Chief, PNP four (4) years
Deputy for Administration & Operation four (4) years
Chief Directorial Staff four (4) years
Directors, Directorial Staff four (4) years
Regional Director, PRO six (6) years
Provincial Director, PPO nine (9) years
16

2. Attrition by Relief

A PNP member, who has been relieved for cause and


has not been given an assignment within two (2) years
from the effective date of such relief, shall be
retired or separated.

3. Attrition by Demotion in Position

A PNP member who is relieved and assigned to a


position lower than what is established for his/her
rank in the PNP Staffing Pattern and who shall not be
assigned to a position commensurate to such rank
despite the existence of a vacancy within eighteen (18)
months after his/her demotion in position shall be
retired or separated.
4. Attrition by Non-Promotion

A PNP member who has not been promoted for a


continuous period of ten (10) years shall be retired or
separated.

5. Attrition by Other Means

A PNP member 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. To
warrant attrition, a PNP member has been rated poor for
four (4) successive rating periods.

b. Inefficiency based on poor performance for


three (3) cumulative annual ratings. To warrant
attrition, a PNP member was rated poor for three (3)
cumulative annual ratings.

c. Physical and/or mental incapacity to perform


police functions and duties; and failure to pass the
required entrance examinations twice and/or finish the
required career courses except for justifiable reasons;

d. Refusal to take periodic PNP Physical Fitness


Test without justifiable reason; and failure to take
the PNP Physical Fitness Test for four (4) consecutive
tests due to health reason.

e. Failure to pass PNP Physical Fitness Test for


two (2) consecutive periodic tests of four (4)
cumulative periodic tests; and non-compliance with the
minimum qualification standards for the permanency of
original appointment.

Definition of Terms
To ensure clarity and consistency, the following
terms as used, and shall be construed as:
17

Attrition. Refers to the retirement or separation


from the police service of PNP uniformed personnel
pursuant to any of the means mentioned in Sections 24
to 29 of R.A. No. 8551, and other means as provided in
the Circular.

Attrition Action. Refers to the action containing


the finding and evidence on a specific means field by a
particular Screening Committee before the concerned
Attrition Board.

Demotion in Position. Refers to the designation of


personnel to position lower that what is established
for his/her rank or not commensurate to his/her rank in
the PNP table of organization.

Field Training Program. Refers to the training


required to make the temporary appointment of a new PNP
member permanent.

Immediate Supervisor. Refers to a person


authorized to make the performance evaluation rating of
a PNP member.

Just Cause. Refers to the legal grounds that would


warrant the relief or removal of PNP member from his
present position and designation in the PNP
organization.

Mandatory Career Course. Refers to the required


training for a PNP member to be eligible for promotion
to the next higher grade.

Maximum Tenure in Position. Refers to the maximum


cumulative period for a PNP member to hold a particular
position level.

Mental Incapacity. Refers to a condition where a


PNP member is unable to exercise his/her reasoning
faculties or incapable of understanding and acting with
discernment his/her duties and responsibilities as a
result of illness or injury as may be determined by the
PNP Medical Screening Committee.

Non-Promotion. Refers to the non-advancement to


the next higher rank or position beyond maximum
prescribed period.

Organic Personnel to a Unit. Refers to a PNP


member assigned to a particular unit and covered with
appropriate PNP assignment orders.

Original Appointment. Refers to the appointment


for the initial entry of PNP member to the PNP service
who meets all the requirements of the position.

Party. Refers to the Chairman of the Screening


Committee or the respondent.

Pendency of an Attrition Action. Refers to the


stage when the endorsement of the RD, PRO or D, NSU of
18

a PCO Attrition Action has been officially received by


the concern NHQ PCO Attrition Board through the NHQ
Screening Committee or when the NHQ/PRO/NSU Screening
Committee Report of a PNCO Attrition Action has been
officially received by the NHQ/PRO/NSU Attrition Board.

Personnel Action on Attrition. Refers to an action


filed before the Screening Committee based on verified
statement of an alleged means of attrition by an
initiating person.

Physical Fitness Test. Refers to the method of


evaluating the physical condition of PNP members in
terms of stamina, strength, speed, and agility.

Physical Incapacity. Refers to the inability of


PNP member to perform his/her duties and
responsibilities due to physical defect/s as a result
of disease or injury as may be determined by the PNP
Medical Screening Committee.

Poor Performance. Refers to the poor rating in the


promulgated PNP Performance Evaluation Rating System.

Respondent. Refers to the PNP member subjected to


attrition proceedings.
Retirement. Refers to the termination of
employment and official relations of a PNP member who
renders at least twenty years of active service in the
government with payment of corresponding benefits.

Second Level PCO Ranks. Refers to the Police


Commissioned Officers (PCO) below the third level ranks
in the PNP.

Second Level PNCO Ranks. Refers to all ranks for


Police Non-Commissioned Officers (PNCO) in the PNP.

Separation. Refers to the termination of


employment and official relations of a PNP member who
rendered less than twenty years of active service in
the government with payment of corresponding benefits.

Third Level PCO Ranks. Refer to Police


Commissioned Officers (PCO) with the rank of Police
Senior Superintendent and higher in the PNP.

Total Permanent Physical Disability. Refers to any


impairment of the body which renders PNP member
indefinitely incapable of substantially performing the
mandated duties and functions of his position.

Waiver Program. Refers to the waiver of the


minimum age, height, weight, and educational
requirements for the initial appointment to the PNP
pursuant to existing laws and policies on the matter.

Types of Retirement
19

Hereunder are the different types of retirement,


as follows:

1. Permanent Physical Disability

An officer or non-officer who is permanently and


totally disabled as a result of injuries suffered or
sickness contracted in the performance of his duty as
duly 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 position, shall be entitled to one
year's salary and to lifetime pension equivalent to
eighty percent (80%) of his last salary, in addition to
other benefits as provided under existing laws.

2. Compulsory Retirement

Compulsory retirement for officer and non-officer


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 an un-extended period of one (1) year.

3. Optional Retirement

Upon accumulation of at least twenty (20) years of


satisfactory active 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 provided by law.

Monthly 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 active service and over.

Should such member who has been retired under


permanent physical 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) years guaranteed period.

Computation of Retirement Gratuity


Hereunder is a sample computation of 36 months
lump sum. Compulsory retired with the rank of SPO I
base on one (1) rank higher of SPO II. The Length of
20

Service (LOS) is 27 years, 6 months, and 8 days, and


with 5th Long Pay, and computed as 3 years lump sum.

Base Pay 12,938.00


Long Pay (+) 6,499.00
=========
19,407.00

Percentage Allocated
to the Service (x) 68.796%
Monthly Pension 13,351.24
(x) 36 mos.
=========
Three Years Lump Sum 480,664.63

Percentage allocated in the service is twenty-


seven years (27) x 2.5% + six (6) months x 0.208% +
eight (8) days x 0.006% = 68.796%.

Computation of Commutation of Leave

Hereunder is a sample computation of Commutation


of Accrued Leave (CAL). Compulsorily retired with the
rank of SPO IV computed based on one (1) tank higher of
POLICE INSPECTOR.

Base Pay--POLICE INSPECTOR 16,667.00


Long Pay--5th (+) 8,334.00
=========
25,001.00
Constant Factor (x) 0.0478087
=========
1,195.27
Number of Leave Credits (x) 993.00
=========
Commutation of Leave Amount 1,186.898.45
21

PART

DISCIPLINARY AUTHORITIES

===============================================
As provided by R.A. 6975, as amended by R.A. 8551,
the police force shall be organized, trained and
equipped primarily for the performance of police
functions. Its national in scope and civilian in
character shall be paramount. 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.

Citizen’s Complaints
Any complaint by a natural or juridical person
against any member of the PNP shall be brought before
the following:”

1. Chiefs 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;

2. Mayors of cities and municipalities, 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;

3. People’s Law Enforcement Board, 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.

Internal Discipline
On dealing with minor offenses involving internal
discipline, the duly designated supervisors, exercise
disciplinary powers as follows:

1. Chief of Police or equivalent supervisors may


summarily impose the administrative punishment of
admonition or reprimand; restriction to specified
limits, withholding of privileges; forfeiture of salary
or suspension; or any of the combination of the
foregoing. Provided, that, in all cases the total
period shall not exceed fifteen (15) days.
22

2. Provincial Directors or equivalent


supervisors may summarily impose administrative
punishment of admonition or reprimand; restriction to
specified limits; withholding of privileges, forfeiture
of salary or suspension; or any of the combination of
the foregoing. Provided, that, in all cases the total
period shall not exceed thirty (30) days.

3. Police Regional Directors or equivalent


supervisors shall have the power to impose upon any
member the disciplinary punishment of dismissal from
the service. He may also impose the administrative
punishment of admonition of 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.

4. The Chief of the PNP shall have the power to


impose upon any member the disciplinary punishment 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,
further, that the chief of the PNP shall have the
authority to place police personnel under restrictive
custody during the pendency of a grave administrative
case filed against him or even after the filing of a
criminal complaint, grave in nature, against such
police personnel.
Exclusive Jurisdiction
A complaint or a charge filed against a PNP member
shall be heard and decided exclusively by the
disciplining authority who has acquired original
jurisdiction over the case, and notwithstanding the
existence of concurrent jurisdiction as regards the
offense. Provided, that offenses which carry higher
penalties shall be referred to the appropriate
authority which has jurisdiction over the offense.

A minor offense shall refer to any act or


commission not involving moral turpitude, but affecting
the internal discipline of the PNP, and shall include,
but not limited to: 1) simple misconduct or negligence,
2) insubordination, 3) frequent absences and tardiness,
4) habitual drunkenness, and 5) gambling prohibited by
law.

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.

Summary Dismissal Powers

The NAPOLCOM, the Chief, PNP and RD, PROs, after


due notice and summary hearings, may immediately remove
or dismiss any respondent PNP member in any of the
23

following cases, i.e., when the charge is serious and


the evidence of guilt is strong, when the respondent is
a recidivist or has been repeatedly charged and there
are reasonable grounds to believe that he is guilty of
the charges, and when the respondent is guilty of a
serious offense involving conduct unbecoming of a
police officer.

Disciplinary Appellate Boards

The formal administrative disciplinary machinery


of the PNP shall be the National Appellate Board and
the Regional Appellate Boards. The National Appellate
Board 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 National
Appellate Board may conduct its hearing or sessions in
Metropolitan Manila or any part of the country as it
may deem necessary.

There shall be at least one (1) Regional Appellate


Board per administrative region in the country to be
composed of a senior officer of the regional Commission
as Chairman and one (1) representative each from the
PNP, and the regional peace and order council as
members. It shall consider appeals from decisions of
the regional directors, other officials, mayors, and
the PLEBs. Provided, that the Commission may create
additional regional appellate boards as the need
arises.

Preventive Suspension Pending Criminal Case


Upon filing of a complaint or information
sufficient in form and substance against a member of
the PNP for grave felonies 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, finally, that such preventive suspension may
be sooner lifted by the court in the exigency of the
service upon recommendation of the Chief, PNP. Such
case shall be subject to continuous trial and shall be
terminated within ninety (90) days from arraignment of
the accused.

Finality of Disciplinary Actions

The disciplinary action imposed upon a member of


the PNP shall be final and executory. Provided, that a
disciplinary demotion or dismissal from the service may
be appealed to the regional appellate board within (10)
days from receipt of the copy of the notice of
decision. Provided, further, that the disciplinary
action imposed by the Chief of the PNP involving
demotion or dismissal may be appealed to the National
24

Appellate Board within ten (10) days from receipt


thereof.

Provided, furthermore, that the National or


Regional Appellate Boards as the case may be, shall
decide the cases on appeal within sixty (60) days from
the receipt of the notice of appeal. Provided, finally,
That failure of the National and Regional Appellate
Boards to act on the appeal within said period shall
render the decision final and executory without
prejudice, however, to the filing of an appeal by
either party with the secretary.

People’s Law Enforcement Board


The Sangguniang Panlungsod or Sanguniang 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
the officers and members of the PNP.

The PLEB shall be composed of the following, i.e.,


any member of the Sangguniang Panlungsod (SP) or
Sanguniang Bayan (SB) chosen by his respective
sanggunian; any Barangay Captain of the city or
municipality concerned chosen by the Association of
Barangay Captains (ABC), and three (3) other members
who are removable only for cause to be chosen by the
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.
25

CHAPTER

POWERS OF LOCAL CHIEF EXECUTIVES

===============================================
Whereas, effective police administration at the
local level requires a clearer delineation and
operazationalization of the aforementioned statutory
powers of local chief executives. Now, therefore, the
Commission has resolved to prescribe, as it hereby
prescribed the following guidelines in the exercise of
the aforementioned powers by local chief executives.

Powers of Operational Supervision and Control

The power of operational supervision and control


pertains to the authority to direct, superintend, and
overseeing the daily performance of police functions at
the local level to ensure the effective conduct of
crime investigation, traffic control and crime
prevention activities.

In furtherance thereto, City/Municipal Mayor is


empowered to direct the employment and deployment of
units or elements of the PNP through the Chief of
Police (COP), 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
its suppression of disorders, riots, lawlessness,
violence, rebellious and seditious conspiracy,
subversion or 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 (Sec. 62, R.A. No.
8551).

Powers to Discipline PNP Uniformed Personnel


As a disciplinary authority, a City/Municipal
Mayor shall:

1. Have jurisdiction over citizen’s complaint


when the offense alleged is have been committed by a
PNP member is punishable by withholding of privileges,
restriction to specified limits, suspension or
26

forfeiture of salary or any combination thereof for a


period of not less than sixteen (16) days but not
exceeding thirty (30) days.

2. Refer to the PLEB a citizen’s complaint filed


with his office when the offense alleged to have been
committed by a PNP member is punishable by a penalty
higher than thirty (30) days forfeiture of salary or
suspension.

3. File with the appropriate PNP disciplinary


authority a complaint against any PNP member in his/her
city/municipality for breach of internal discipline.

Authority to Choose the Chief of Police

Authority to choose the Chief of Police (COP) from


a list of five (5) eligibles recommended by the
Provincial Director (PD), preferably from the same
province, city or municipality. Provided, however, that
in no case shall an Officer-In-Charge (OIC) be
designated for more than thirty (30) days.

Provided, further, that the Local Peace and Order


Council may, through the City or Municipal Mayor,
recommend the recall or reassignment of the Chief of
Police (COP), 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 NAPOLCOM.

The City/Municipal Mayor shall be consulted if the


PNP Provincial Director/District Director or higher PNP
official relieves or reassigns the Chief of Police
(COP) unless such relief or reassignment is urgently
required in the needs of the service or necessitated to
maintain the integrity of the police station.

In such case, the PNP Provincial Director or


higher PNP officials shall inform the Mayor within 48
hours of the relief or reassignment made.

Recommend Appointment of New PNP Members

Authority to recommend from a list of eligibles


previously screened by the Local Peace and Order
Council the appointment of new members of the PNP to be
assigned to their respective cities and 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.

Recommend the Transfer or Detail of PNP Members


27

Authority to recommend to the Provincial Director


(PD), the transfer, reassignment or detail of PNP
members outside of their respective city or town
residence (Sec. 63 (4) (ii), R.A. No. 8551).

The authority of the City/Municipal Mayor is a


positive measure to enhance police service in his/her
city/municipality. Such reassignment or detail outside
his city/municipality should not be resorted to as a
form of disciplinary action.
Authority to Conduct Inspection and Audit
As a matter of policy, the purpose for conducting
inspection and audit of the police station by the
City/Municipal Mayor is to promote effectiveness and
economy in police administration and operations.
Relative thereto, the following guidelines are hereby
prescribed:

1. Objectives of the inspection and audit


function. The City/Municipal Mayor shall regularly
conduct inspection and audit of the police station in
his locality.

2. Scope and Coverage of Inspection. The


inspection and audit program shall look into the
following, i.e., organizational structure and
functions, actual number of uniformed personnel
distribution, actual number of non-uniformed personnel
distribution, incidence of administrative disciplinary
and/or criminal cases filed against officers and
members of the police station, promotions and other
personnel movements, separations from the service
within a span of one (1) year before the conduct of
initial inspection, existing programs, projects, and
activities which are being implemented, existing system
of procedures, allocation of budgetary and logistics
support, level of performance or accomplishment.

3. Nature of Inspection. Inspection and audit


shall be of two (2) kinds—the regular and the special.
The regular inspection and audit is a periodic
appraisal of all the items covered by the
aforementioned scope of inspection and audit. Such
inspection shall be scheduled at the first month of
every quarter.

Responsibilities of Local Chief Executives


The following are the responsibilities of the
local chief executives:

1. As provided under R.A. No. 6975, as amended


by R.A. No. 7160, the City/Municipal Mayor, in
coordination with the Local Peace and Order Council of
which he is the Chairperson, pursuant to Executive
Order No. 309, as amended, develop and establish an
integrated area/community public safety plan embracing
28

priorities of action and program thrusts for


implementation by the local PNP stations.

2. Section 51 (b) (2) paragraph 2, R.A. No.


6975, as amended by R.A. No. 8551, provides that
City/Municipal Mayor have the duty to sponsor periodic
seminars for members of the PNP assigned or detailed in
their city or municipality in order to update them on
local ordinances and legislation.

Deputation of Local Government Executives


Governors and Mayors, upon having been elected and
having qualified as such are automatically deputized as
representatives of the National Police Commission
(NAPOLCOM) in their respective jurisdictions. 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. Pursuant to Section 65,
R.A. No. 8551, the statutory deputation of local chief
executives maybe withdrawn.

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 executive for any of the
following grounds, i.e., frequent unauthorized
absences, abuse of authority, providing material
support to criminal elements, and engaging in acts
inimical to national security or which negate the
effectiveness of the peace and order campaign.

Upon good cause shown, the President may, directly


or through the Commission, motu propio restore such
deputation withdrawn from any local government
executive.

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