1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and
humane society, and establish a Government that shall embody our ideals and aspirations, promote
the common good, conserve and develop our patrimony, and secure to ourselves and our posterity,
the blessings of independence and democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this Constitution.

ARTICLE I
NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting
of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas. The waters around, between, and connecting the
islands of the archipelago, regardless of their breadth and dimensions, form part of the internal
waters of the Philippines.

ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people
and all government authority emanates from them.

Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and amity with all nations.

Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the
State and the integrity of the national territory.

Section 4. The prime duty of the Government is to serve and protect the people. The Government
may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal, military or civil service.

Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and
promotion of the general welfare are essential for the enjoyment by all the people of the blessings of
democracy.

Section 6. The separation of Church and State shall be inviolable.

 STATE POLICIES

Section 7. The State shall pursue an independent foreign policy. In its relations with other states,
the paramount consideration shall be national sovereignty, territorial integrity, national interest, and
the right to self-determination.

Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.

Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity
and independence of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living, and an improved
quality of life for all.

Section 10. The State shall promote social justice in all phases of national development.

Section 11. The State values the dignity of every human person and guarantees full respect for
human rights.

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the mother and the
life of the unborn from conception. The natural and primary right and duty of parents in the rearing of
the youth for civic efficiency and the development of moral character shall receive the support of the
Government.

Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and civic affairs.

Section 14. The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.

Section 15. The State shall protect and promote the right to health of the people and instill health
consciousness among them.

Section 16. The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.

Section 17. The State shall give priority to education, science and technology, arts, culture, and
sports to foster patriotism and nationalism, accelerate social progress, and promote total human
liberation and development.

Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.

Section 19. The State shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.

Section 20. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.
Section 21. The State shall promote comprehensive rural development and agrarian reform.

Section 22. The State recognizes and promotes the rights of indigenous cultural communities within
the framework of national unity and development.

Section 23. The State shall encourage non-governmental, community-based, or sectoral

organizations that promote the welfare of the nation.

Section 24. The State recognizes the vital role of communication and information in nation-building.

Section 25. The State shall ensure the autonomy of local governments.

Section 26. The State shall guarantee equal access to opportunities for public service and prohibit
political dynasties as may be defined by law.

Section 27. The State shall maintain honesty and integrity in the public service and take positive
and effective measures against graft and corruption.

Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving public interest.

ARTICLE III
BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the persons or
things to be seized. 

Section 3.

1. The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise, as prescribed by law.
2. Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press,
or the right of the people peaceably to assemble and petition the government for redress of
grievances.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall
not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired
except in the interest of national security, public safety, or public health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and private sectors, to
form unions, associations, or societies for purposes not contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall
not be denied to any person by reason of poverty.

Section 12.

1. Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of
counsel.
2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.
3. Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
4. The law shall provide for penal and civil sanctions for violations of this Section as well as
compensation to the rehabilitation of victims of torture or similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released
on recognizance as may be provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Section 14.

1. No person shall be held to answer for a criminal offense without due process of law.
2. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have a speedy, impartial, and public trial,
to meet the witnesses face to face, and to have compulsory process to secure the
 attendance of witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that
he has been duly notified and his failure to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion, when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18.

1. No person shall be detained solely by reason of his political beliefs and aspirations.
2. No involuntary servitude in any form shall exist except as a punishment for a crime whereof
the party shall have been duly convicted.

Section 19.

1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
Neither shall death penalty be imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
2. The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions
shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

ARTICLE IV
CITIZENSHIP

Section 1. The following are citizens of the Philippines:

1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship
upon reaching the age of majority; and
4. Those who are naturalized in the accordance with law.
Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship. Those who elect
Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-
born citizens.

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their
act or omission they are deemed, under the law to have renounced it.

Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by
law.

ARTICLE V
SUFFRAGE

Section 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified by
law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least
one year and in the place wherein they propose to vote, for at least six months immediately
preceding the election. No literacy, property, or other substantive requirement shall be imposed on
the exercise of suffrage.

Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot
as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote under existing laws and such
rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

ARTICLE VI
THE LEGISLATIVE DEPARTMENT

Section 1. The legislative power shall be vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives, except to the extent reserved to the people by
the provision on initiative and referendum.

Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by
the qualified voters of the Philippines, as may be provided by law.

Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and,
on the day of the election, is at least thirty-five years of age, able to read and write, a registered
voter, and a resident of the Philippines for not less than two years immediately preceding the day of
the election.
Section 4. The term of office of the Senators shall be six years and shall commence, unless
otherwise provided by law, at noon on the thirtieth day of June next following their election. No
Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity of his service for the full
term of which he was elected.

Section 5.

1. The House of Representatives shall be composed of not more than two hundred and fifty
members, unless otherwise fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila area in accordance
with the number of their respective inhabitants, and on the basis of a uniform and
progressive ratio, and those who, as provided by law, shall be elected through a party-list
system of registered national, regional, and sectoral parties or organizations.
2. The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list representatives
shall be filled, as provided by law, by selection or election from the labor, peasant, urban
poor, indigenous cultural communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.
3. Each legislative district shall comprise, as far as practicable, contiguous, compact, and
adjacent territory. Each city with a population of at least two hundred fifty thousand, or each
province, shall have at least one representative.
4. Within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standards provided in this section.

Section 6. No person shall be a Member of the House of Representatives unless he is a natural-
born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age,
able to read and write, and, except the party-list representatives, a registered voter in the district in
which he shall be elected, and a resident thereof for a period of not less than one year immediately
preceding the day of the election.

Section 7. The Members of the House of Representatives shall be elected for a term of three years
which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next
following their election. No Member of the House of Representatives shall serve for more than three
consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered
as an interruption in the continuity of his service for the full term for which he was elected.

Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members
of the House of Representatives shall be held on the second Monday of May.

Section 9. In case of vacancy in the Senate or in the House of Representatives, a special election
may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of
the House of Representatives thus elected shall serve only for the unexpired term.

Section 10. The salaries of Senators and Members of the House of Representatives shall be
determined by law. No increase in said compensation shall take effect until after the expiration of the
full term of all the Members of the Senate and the House of Representatives approving such
increase.
Section 11. A Senator or Member of the House of Representatives shall, in all offenses punishable
by not more than six years imprisonment, be privileged from arrest while the Congress is in session.
No Member shall be questioned nor be held liable in any other place for any speech or debate in the
Congress or in any committee thereof.

Section 12. All Members of the Senate and the House of Representatives shall, upon assumption of
office, make a full disclosure of their financial and business interests. They shall notify the House
concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of
which they are authors.

Section 13. No Senator or Member of the House of Representatives may hold any other office or
employment in the Government, or any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries, during his term without forfeiting
his seat. Neither shall he be appointed to any office which may have been created or the
emoluments thereof increased during the term for which he was elected.

Section 14. No Senator or Member of the House of Representatives may personally appear as
counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract
with, or in any franchise or special privilege granted by the Government, or any subdivision, agency,
or instrumentality thereof, including any government-owned or controlled corporation, or its
subsidiary, during his term of office. He shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be called upon to act on account of his office.

Section 15. The Congress shall convene once every year on the fourth Monday of July for its
regular session, unless a different date is fixed by law, and shall continue to be in session for such
number of days as it may determine until thirty days before the opening of its next regular session,
exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at
any time.

Section 16.

1. The Senate shall elect its President and the House of Representatives, its Speaker, by a
majority vote of all its respective Members. Each House shall choose such other officers as it
may deem necessary.
2. A majority of each House shall constitute a quorum to do business, but a smaller number
may adjourn from day to day and may compel the attendance of absent Members in such
manner, and under such penalties, as such House may provide.
3. Each House may determine the rules of its proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a
Member. A penalty of suspension, when imposed, shall not exceed sixty days.
4. Each House shall keep a Journal of its proceedings, and from time to time publish the same,
excepting such parts as may, in its judgment, affect national security; and the yeas and nays
on any question shall, at the request of one-fifth of the Members present, be entered in the
Journal. Each House shall also keep a Record of its proceedings.
5. Neither House during the sessions of the Congress shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in which the two Houses
shall be sitting.
Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal
which shall be the sole judge of all contests relating to the election, returns, and qualifications of their
respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom
shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six
shall be Members of the Senate or the House of Representatives, as the case may be, who shall be
chosen on the basis of proportional representation from the political parties and the parties or
organizations registered under the party-list system represented therein. The senior Justice in the
Electoral Tribunal shall be its Chairman.

Section 18. There shall be a Commission on Appointments consisting of the President of the

Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of
Representatives, elected by each House on the basis of proportional representation from the political
parties and parties or organizations registered under the party-list system represented therein. The
chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all
appointments submitted to it within thirty session days of the Congress from their submission. The
Commission shall rule by a majority vote of all the Members.

Section 19. The Electoral Tribunals and the Commission on Appointments shall be constituted
within thirty days after the Senate and the House of Representatives shall have been organized with
the election of the President and the Speaker. The Commission on Appointments shall meet only
while the Congress is in session, at the call of its Chairman or a majority of all its Members, to
discharge such powers and functions as are herein conferred upon it.

Section 20. The records and books of accounts of the Congress shall be preserved and be open to
the public in accordance with law, and such books shall be audited by the Commission on Audit
which shall publish annually an itemized list of amounts paid to and expenses for each Member.

Section 21. The Senate or the House of Representatives or any of its respective committees may
conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The
rights of persons appearing in, or affected by, such inquiries shall be respected.

Section 22. The heads of departments may, upon their own initiative, with the consent of the
President, or upon the request of either House, as the rules of each House shall provide, appear
before and be heard by such House on any matter pertaining to their departments. Written questions
shall be submitted to the President of the Senate or the Speaker of the House of Representatives at
least three days before their scheduled appearance. Interpellations shall not be limited to written
questions, but may cover matters related thereto. When the security of the State or the public
interest so requires and the President so states in writing, the appearance shall be conducted in
executive session.

Section 23.

1. The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting
separately, shall have the sole power to declare the existence of a state of war.
2. In times of war or other national emergency, the Congress may, by law, authorize the
President, for a limited period and subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers shall cease upon the next
adjournment thereof.
Section 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills
of local application, and private bills, shall originate exclusively in the House of Representatives, but
the Senate may propose or concur with amendments.

Section 25.

1. The Congress may not increase the appropriations recommended by the President for the
operation of the Government as specified in the budget. The form, content, and manner of
preparation of the budget shall be prescribed by law.
2. No provision or enactment shall be embraced in the general appropriations bill unless it
relates specifically to some particular appropriation therein. Any such provision or enactment
shall be limited in its operation to the appropriation to which it relates.
3. The procedure in approving appropriations for the Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
4. A special appropriations bill shall specify the purpose for which it is intended, and shall be
supported by funds actually available as certified by the National Treasurer, or to be raised
by a corresponding revenue proposal therein.
5. No law shall be passed authorizing any transfer of appropriations; however, the President,
the President of the Senate, the Speaker of the House of Representatives, the Chief Justice
of the Supreme Court, and the heads of Constitutional Commissions may, by law, be
authorized to augment any item in the general appropriations law for their respective offices
from savings in other items of their respective appropriations.
6. Discretionary funds appropriated for particular officials shall be disbursed only for public
purposes to be supported by appropriate vouchers and subject to such guidelines as may be
prescribed by law.
7. If, by the end of any fiscal year, the Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the general appropriations law for the
preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until
the general appropriations bill is passed by the Congress.

Section 26.

1. Every bill passed by the Congress shall embrace only one subject which shall be expressed
in the title thereof.
2. No bill passed by either House shall become a law unless it has passed three readings on
separate days, and printed copies thereof in its final form have been distributed to its
Members three days before its passage, except when the President certifies to the necessity
of its immediate enactment to meet a public calamity or emergency. Upon the last reading of
a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays entered in the Journal.

Section 27.

1. Every bill passed by the Congress shall, before it becomes a law, be presented to the
President. If he approves the same he shall sign it; otherwise, he shall veto it and return the
same with his objections to the House where it originated, which shall enter the objections at
large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of
all the Members of such House shall agree to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall likewise be reconsidered, and if approved by
two-thirds of all the Members of that House, it shall become a law. In all such cases, the
votes of each House shall be determined by yeas or nays, and the names of the Members
voting for or against shall be entered in its Journal. The President shall communicate his veto
 of any bill to the House where it originated within thirty days after the date of receipt thereof,
otherwise, it shall become a law as if he had signed it.
2. The President shall have the power to veto any particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect the item or items to which he does not
object.

Section 28.

1. The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive
system of taxation.
2. The Congress may, by law, authorize the President to fix within specified limits, and subject
to such limitations and restrictions as it may impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties or imposts within the framework of the national
development program of the Government.
3. Charitable institutions, churches and personages or convents appurtenant thereto, mosques,
non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and
exclusively used for religious, charitable, or educational purposes shall be exempt from
taxation.
4. No law granting any tax exemption shall be passed without the concurrence of a majority of
all the Members of the Congress.

Section 29.

1. No money shall be paid out of the Treasury except in pursuance of an appropriation made by
law.
2. No public money or property shall be appropriated, applied, paid, or employed, directly or
indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian
institution, or system of religion, or of any priest, preacher, minister, other religious teacher,
or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to
the armed forces, or to any penal institution, or government orphanage or leprosarium.
3. All money collected on any tax levied for a special purpose shall be treated as a special fund
and paid out for such purpose only. If the purpose for which a special fund was created has
been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of
the Government.

Section 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and concurrence.

Section 31. No law granting a title of royalty or nobility shall be enacted.

Section 32. The Congress shall, as early as possible, provide for a system of initiative and
referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws
or approve or reject any act or law or part thereof passed by the Congress or local legislative body
after the registration of a petition therefor signed by at least ten per centum of the total number of
registered voters, of which every legislative district must be represented by at least three per centum
of the registered voters thereof.
 ARTICLE VII
EXECUTIVE DEPARTMENT

Section 1. The executive power shall be vested in the President of the Philippines.

Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines,
a registered voter, able to read and write, at least forty years of age on the day of the election, and a
resident of the Philippines for at least ten years immediately preceding such election.

Section 3. There shall be a Vice-President who shall have the same qualifications and term of office
and be elected with, and in the same manner, as the President. He may be removed from office in
the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no
confirmation.

Section 4. The President and the Vice-President shall be elected by direct vote of the people for a
term of six years which shall begin at noon on the thirtieth day of June next following the day of the
election and shall end at noon of the same date, six years thereafter. The President shall not be
eligible for any re-election. No person who has succeeded as President and has served as such for
more than four years shall be qualified for election to the same office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption in the continuity of the service
for the full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be held
on the second Monday of May.

The returns of every election for President and Vice-President, duly certified by the board of
canvassers of each province or city, shall be transmitted to the Congress, directed to the President
of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later
than thirty days after the day of the election, open all the certificates in the presence of the Senate
and the House of Representatives in joint public session, and the Congress, upon determination of
the authenticity and due execution thereof in the manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case two or more
shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote
of a majority of all the Members of both Houses of the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election,
returns, and qualifications of the President or Vice-President, and may promulgate its rules for the
purpose.

Section 5. Before they enter on the execution of their office, the President, the Vice-President, or
the Acting President shall take the following oath or affirmation:

"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President
(or Vice-President or Acting President) of the Philippines, preserve and defend its Constitution,
execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So
help me God." (In case of affirmation, last sentence will be omitted.)

Section 6. The President shall have an official residence. The salaries of the President and Vice-
President shall be determined by law and shall not be decreased during their tenure. No increase in
said compensation shall take effect until after the expiration of the term of the incumbent during
which such increase was approved. They shall not receive during their tenure any other emolument
from the Government or any other source.

Section 7. The President-elect and the Vice President-elect shall assume office at the beginning of
their terms.

If the President-elect fails to qualify, the Vice President-elect shall act as President until the
President-elect shall have qualified.

If a President shall not have been chosen, the Vice President-elect shall act as President until a
President shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or shall have
become permanently disabled, the Vice President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where
both shall have died or become permanently disabled, the President of the Senate or, in case of his
inability, the Speaker of the House of Representatives, shall act as President until a President or a
Vice-President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall be
selected until a President or a Vice-President shall have qualified, in case of death, permanent
disability, or inability of the officials mentioned in the next preceding paragraph.

Section 8. In case of death, permanent disability, removal from office, or resignation of the
President, the Vice-President shall become the President to serve the unexpired term. In case of
death, permanent disability, removal from office, or resignation of both the President and Vice-
President, the President of the Senate or, in case of his inability, the Speaker of the House of
Representatives, shall then act as President until the President or Vice-President shall have been
elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent
disability, or resignation of the Acting President. He shall serve until the President or the Vice-
President shall have been elected and qualified, and be subject to the same restrictions of powers
and disqualifications as the Acting President.

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which
he was elected, the President shall nominate a Vice-President from among the Members of the
Senate and the House of Representatives who shall assume office upon confirmation by a majority
vote of all the Members of both Houses of the Congress, voting separately.

Section 10. The Congress shall, at ten o'clock in the morning of the third day after the vacancy in
the offices of the President and Vice-President occurs, convene in accordance with its rules without
need of a call and within seven days, enact a law calling for a special election to elect a President
and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time
of such call. The bill calling such special election shall be deemed certified under paragraph 2,
Section 26, Article V1 of this Constitution and shall become law upon its approval on third reading by
the Congress. Appropriations for the special election shall be charged against any current
appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article V1 of
this Constitution. The convening of the Congress cannot be suspended nor the special election
postponed. No special election shall be called if the vacancy occurs within eighteen months before
the date of the next presidential election.

Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the
House of Representatives his written declaration that he is unable to discharge the powers and
duties of his office, and until he transmits to them a written declaration to the contrary, such powers
and duties shall be discharged by the Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and
to the Speaker of the House of Representatives their written declaration that the President is unable
to discharge the powers and duties of his office, the Vice-President shall immediately assume the
powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the
House of Representatives his written declaration that no inability exists, he shall reassume the
powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet
transmit within five days to the President of the Senate and to the Speaker of the House of
Representatives, their written declaration that the President is unable to discharge the powers and
duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall
convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need
of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within
twelve days after it is required to assemble, determines by a two-thirds vote of both Houses, voting
separately, that the President is unable to discharge the powers and duties of his office, the Vice-
President shall act as President; otherwise, the President shall continue exercising the powers and
duties of his office.

Section 12. In case of serious illness of the President, the public shall be informed of the state of his
health. The members of the Cabinet in charge of national security and foreign relations and the Chief
of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during
such illness.

Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any
other profession, participate in any business, or be financially interested in any contract with, or in
any franchise, or special privilege granted by the Government or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.
They shall strictly avoid conflict of interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President
shall not, during his tenure, be appointed as Members of the Constitutional Commissions, or the
Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or
offices, including government-owned or controlled corporations and their subsidiaries.
Section 14. Appointments extended by an Acting President shall remain effective, unless revoked
by the elected President, within ninety days from his assumption or reassumption of office.

Section 15. Two months immediately before the next presidential elections and up to the end of his
term, a President or Acting President shall not make appointments, except temporary appointments
to executive positions when continued vacancies therein will prejudice public service or endanger
public safety.

Section 16. The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other public ministers
and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other
officers whose appointments are vested in him in this Constitution. He shall also appoint all other
officers of the Government whose appointments are not otherwise provided for by law, and those
whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of
other officers lower in rank in the President alone, in the courts, or in the heads of departments,
agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the Congress,
whether voluntary or compulsory, but such appointments shall be effective only until disapproved by
the Commission on Appointments or until the next adjournment of the Congress.

Section 17. The President shall have control of all the executive departments, bureaus, and offices.
He shall ensure that the laws be faithfully executed.

Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines
and whenever it becomes necessary, he may call out such armed forces to prevent or suppress
lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from
the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the
President shall submit a report in person or in writing to the Congress. The Congress, voting jointly,
by a vote of at least a majority of all its Members in regular or special session, may revoke such
proclamation or suspension, which revocation shall not be set aside by the President. Upon the
initiative of the President, the Congress may, in the same manner, extend such proclamation or
suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist
and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or
suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of
the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or
the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on
military courts and agencies over civilians where civil courts are able to function, nor automatically
suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion
or offenses inherent in or directly connected with invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained shall be
judicially charged within three days, otherwise he shall be released.

Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the

President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after
conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members
of the Congress.

Section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may
be provided by law. The Monetary Board shall, within thirty days from the end of every quarter of the
calendar year, submit to the Congress a complete report of its decision on applications for loans to
be contracted or guaranteed by the Government or government-owned and controlled corporations
which would have the effect of increasing the foreign debt, and containing other matters as may be
provided by law.

Section 21. No treaty or international agreement shall be valid and effective unless concurred in by
at least two-thirds of all the Members of the Senate.

Section 22. The President shall submit to the Congress, within thirty days from the opening of every
regular session as the basis of the general appropriations bill, a budget of expenditures and sources
of financing, including receipts from existing and proposed revenue measures.

Section 23. The President shall address the Congress at the opening of its regular session. He may
also appear before it at any other time.

ARTICLE VIII
JUDICIAL DEPARTMENT

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as
may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not there has been a
grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.

Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of
the various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated
in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its
Members.

Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be
reduced by the legislature below the amount appropriated for the previous year and, after approval,
shall be automatically and regularly released.
Section 4.

1. The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It
may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy
shall be filled within ninety days from the occurrence thereof.
2. All cases involving the constitutionality of a treaty, international or executive agreement, or
law, which shall be heard by the Supreme Court en banc, and all other cases which under
the Rules of Court are required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations, shall be decided with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the case
and voted thereon.
3. Cases or matters heard by a division shall be decided or resolved with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the case
and voted thereon, and in no case without the concurrence of at least three of such
Members. When the required number is not obtained, the case shall be decided en banc:
Provided, that no doctrine or principle of law laid down by the court in a decision rendered en
banc or in division may be modified or reversed except by the court sitting en banc.

Section 5. The Supreme Court shall have the following powers:

1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of lower courts in:
a. All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
c. All cases in which the jurisdiction of any lower court is in issue.
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
e. All cases in which only an error or question of law is involved.
3. Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the under-privileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform
for all courts of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Section 6. The Supreme Court shall have administrative supervision over all courts and the
personnel thereof.
Section 7.

1. No person shall be appointed Member of the Supreme Court or any lower collegiate court
unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must
be at least forty years of age, and must have been for fifteen years or more, a judge of a
lower court or engaged in the practice of law in the Philippines.
2. The Congress shall prescribe the qualifications of judges of lower courts, but no person may
be appointed judge thereof unless he is a citizen of the Philippines and a member of the
Philippine Bar.
3. A Member of the Judiciary must be a person of proven competence, integrity, probity, and
independence.

Section 8.

1. A Judicial and Bar Council is hereby created under the supervision of the Supreme Court
composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a
representative of the Congress as ex officio Members, a representative of the Integrated Bar,
a professor of law, a retired Member of the Supreme Court, and a representative of the
private sector.
2. The regular members of the Council shall be appointed by the President for a term of four
years with the consent of the Commission on Appointments. Of the Members first appointed,
the representative of the Integrated Bar shall serve for four years, the professor of law for
three years, the retired Justice for two years, and the representative of the private sector for
one year.
3. The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall
keep a record of its proceedings.
4. The regular Members of the Council shall receive such emoluments as may be determined
by the Supreme Court. The Supreme Court shall provide in its annual budget the
appropriations for the Council.
5. The Council shall have the principal function of recommending appointees to the judiciary. It
may exercise such other functions and duties as the Supreme Court may assign to it.

Section 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the
President from a list of at least three nominees preferred by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issued the appointment within ninety days from the
submission of the list.

Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and
of judges of lower courts shall be fixed by law. During the continuance in office, their salary shall not
be decreased.

Section 11. The Members of the Supreme Court and judges of the lower court shall hold office
during good behavior until they reach the age of seventy years or become incapacitated to discharge
the duties of their office. The Supreme Court en banc shall have the power to discipline judges of
lower courts, or order their dismissal by a vote of majority of the Members who actually took part in
the deliberations on the issues in the case and voted in thereon.

Section 12. The Members of the Supreme Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative function.
Section 13. The conclusions of the Supreme Court in any case submitted to it for the decision en
banc or in division shall be reached in consultation before the case the case assigned to a Member
for the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice
shall be issued and a copy thereof attached to the record of the case and served upon the parties.
Any Member who took no part, or dissented, or abstained from a decision or resolution must state
the reason therefor. The same requirements shall be observed by all lower collegiate court.

Section 14. No decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be refused due
course or denied without stating the legal basis therefor.

Section 15.

1. All cases or matters filed after the effectivity of this Constitution must be decided or resolved
within twenty-four months from date of submission for the Supreme Court, and, unless
reduced by the Supreme Court, twelve months for all lower collegiate courts, and three
months for all other lower courts.
2. A case or matter shall be deemed submitted for decision or resolution upon the filing of the
last pleading, brief, or memorandum required by the Rules of Court or by the court itself.
3. Upon the expiration of the corresponding period, a certification to this effect signed by the
Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to
the record of the case or matter, and served upon the parties. The certification shall state
why a decision or resolution has not been rendered or issued within said period.
4. Despite the expiration of the applicable mandatory period, the court, without prejudice to
such responsibility as may have been incurred in consequence thereof, shall decide or
resolve the case or matter submitted thereto for determination, without further delay.

Section 16. The Supreme Court shall, within thirty days from the opening of each regular session of
the Congress, submit to the President and the Congress an annual report on the operations and
activities of the Judiciary.

ARTICLE IX
CONSTITUTIONAL COMMISSION

A. COMMON PROVISIONS

Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service
Commission, the Commission on Elections, and the Commission on Audit.

Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office
or employment. Neither shall he engage in the practice of any profession or in the active
management or control of any business which, in any way, may be affected by the functions of his
office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any
franchise or privilege granted by the Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations or their subsidiaries.
Section 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall not be
decreased during their tenure.

Section 4. The Constitutional Commissions shall appoint their officials and employees in
accordance with law.

Section 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall
be automatically and regularly released.

Section 6. Each Commission en banc may promulgate its own rules concerning pleadings and
practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or
modify substantive rights.

Section 7. Each Commission shall decide by a majority vote of all its Members, any case or matter
brought before it within sixty days from the date of its submission for decision or resolution. A case
or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or
memorandum required by the rules of the Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission
may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from
receipt of a copy thereof.

Section 8. Each Commission shall perform such other functions as may be provided by law. 

B. THE CIVIL SERVICE COMMISSION

Section 1.

1. The civil service shall be administered by the Civil Service Commission composed of a
Chairman and two Commissioners who shall be natural-born citizens of the Philippines and,
at the time of their appointment, at least thirty-five years of age, with proven capacity for
public administration, and must not have been candidates for any elective position in the
elections immediately preceding their appointment.
2. The Chairman and the Commissioners shall be appointed by the President with the consent
of the Commission on Appointments for a term of seven years without reappointment. Of
those first appointed, the Chairman shall hold office for seven years, a Commissioner for five
years, and another Commissioner for three years, without reappointment. Appointment to
any vacancy shall be only for the unexpired term of the predecessor. In no case shall any
Member be appointed or designated in a temporary or acting capacity.

Section 2.

1. The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the
Government, including government-owned or controlled corporations with original charters.
2. Appointments in the civil service shall be made only according to merit and fitness to be
determined, as far as practicable, and, except to positions which are policy-determining,
primarily confidential, or highly technical, by competitive examination.
3. No officer or employee of the civil service shall be removed or suspended except for cause
provided by law.
4. No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.
5. The right to self-organization shall not be denied to government employees.
 6. Temporary employees of the Government shall be given such protection as may be provided
by law.

Section 3. The Civil Service Commission, as the central personnel agency of the Government, shall
establish a career service and adopt measures to promote morale, efficiency, integrity,
responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit and
rewards system, integrate all human resources development programs for all levels and ranks, and
institutionalize a management climate conducive to public accountability. It shall submit to the
President and the Congress an annual report on its personnel programs.

Section 4. All public officers and employees shall take an oath or affirmation to uphold and defend
this Constitution.

Section 5. The Congress shall provide for the standardization of compensation of government
officials and employees, including those in government-owned or controlled corporations with
original charters, taking into account the nature of the responsibilities pertaining to, and the
qualifications required for, their positions.

Section 6. No candidate who has lost in any election, shall within one year after such election, be
appointed to any office in the Government or any Government-owned or controlled corporations or in
any of their subsidiaries.

Section 7. No elective official shall be eligible for appointment or designation in any capacity to any
public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no appointive official
shall hold any other office or employment in the Government or any subdivision, agency or
instrumentality thereof, including Government-owned or controlled corporations or their subsidiaries.

Section 8. No elective or appointive public officer or employee shall receive additional, double, or
indirect compensation, unless specifically authorized by law, nor accept without the consent of the
Congress, any present, emolument, office, or title of any kind from any foreign government.

Pensions or gratuities shall not be considered as additional, double, or indirect compensation.

C. THE COMMISSION ON ELECTIONS

Section 1.

1. There shall be a Commission on Elections composed of a Chairman and six Commissioners

who shall be natural-born citizens of the Philippines and, at the time of their appointment, at
least thirty-five years of age, holders of a college degree, and must not have been
candidates for any elective positions in the immediately preceding elections. However, a
majority thereof, including the Chairman, shall be members of the Philippine Bar who have
been engaged in the practice of law for at least ten years.
2. The Chairman and the Commissioners shall be appointed by the President with the consent
of the Commission on Appointments for a term of seven years without reappointment. Of
those first appointed, three Members shall hold office for seven years, two Members for five
years, and the last Members for three years, without reappointment. Appointment to any
vacancy shall be only for the unexpired term of the predecessor. In no case shall any
Member be appointed or designated in a temporary or acting capacity.
Section 2. The Commission on Elections shall exercise the following powers and functions:

1. Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
2. Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction
over all contests involving elective municipal officials decided by trial courts of general
jurisdiction, or involving elective barangay officials decided by trial courts of limited
jurisdiction.

Decisions, final orders, or rulings of the Commission on election contests involving elective
municipal and barangay offices shall be final, executory, and not appealable.

3. Decide, except those involving the right to vote, all questions affecting elections, including
determination of the number and location of polling places, appointment of election officials
and inspectors, and registration of voters.
4. Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for the
exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
5. Register, after sufficient publication, political parties, organizations, or coalitions which, in
addition to other requirements, must present their platform or program of government; and
accredit citizens' arms of the Commission on Elections. Religious denominations and sects
shall not be registered. Those which seek to achieve their goals through violence or unlawful
means, or refuse to uphold and adhere to this Constitution, or which are supported by any
foreign government shall likewise be refused registration.

Financial contributions from foreign governments and their agencies to political parties,
organizations, coalitions, or candidates related to elections, constitute interference in
national affairs, and, when accepted, shall be an additional ground for the cancellation of
their registration with the Commission, in addition to other penalties that may be prescribed
by law.

6. File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of
election laws, including acts or omissions constituting election frauds, offenses, and
malpractices.
7. Recommend to the Congress effective measures to minimize election spending, including
limitation of places where propaganda materials shall be posted, and to prevent and penalize
all forms of election frauds, offenses, malpractices, and nuisance candidacies.
8. Recommend to the President the removal of any officer or employee it has deputized, or the
imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its
directive, order, or decision.
9. Submit to the President and the Congress, a comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or recall.

Section 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate
its rules of procedure in order to expedite disposition of election cases, including pre- proclamation
controversies. All such election cases shall be heard and decided in division, provided that motions
for reconsideration of decisions shall be decided by the Commission en banc.

Section 4. The Commission may, during the election period, supervise or regulate the enjoyment or
utilization of all franchises or permits for the operation of transportation and other public utilities,
media of communication or information, all grants, special privileges, or concessions granted by the
Government or any subdivision, agency, or instrumentality thereof, including any government-owned
or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal
opportunity, time, and space ,and the right to reply, including reasonable, equal rates therefor, for
public information campaigns and forums among candidates in connection with the objective of
holding free, orderly, honest, peaceful, and credible elections.

Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws,
rules, and regulations shall be granted by the President without the favorable recommendation of the
Commission.

Section 6. A free and open party system shall be allowed to evolve according to the free choice of
the people, subject to the provisions of this Article.

Section 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except
for those registered under the party-list system as provided in this Constitution.

Section 8. Political parties, or organizations or coalitions registered under the party-list system, shall
not be represented in the voters' registration boards, boards of election inspectors, boards of
canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in
accordance with law.

Section 9. Unless otherwise fixed by the Commission in special cases, the election period shall
commence ninety days before the day of election and shall end thirty days thereafter.

Section 10. Bona fide candidates for any public office shall be free from any form of harassment and
discrimination.

Section 11. Funds certified by the Commission as necessary to defray the expenses for holding
regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the
regular or special appropriations and, once approved, shall be released automatically upon
certification by the Chairman of the Commission

D. THE COMMISSION ON AUDIT

Section 1.

1. There shall be a Commission on Audit composed of a Chairman and two Commissioners,

who shall be natural-born citizens of the Philippines and, at the time of their appointment, at
least thirty-five years of age, Certified Public Accountants with not less than ten years of
auditing experience, or members of the Philippine Bar who have been engaged in the
practice of law for at least ten years, and must not have been candidates for any elective
position in the elections immediately preceding their appointment. At no time shall all
Members of the Commission belong to the same profession.
2. The Chairman and the Commissioners shall be appointed by the President with the consent
of the Commission on Appointments for a term of seven years without reappointment. Of
those first appointed, the Chairman shall hold office for seven years, one Commissioner for
five years, and the other Commissioner for three years, without reappointment. Appointment
to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no
case shall any Member be appointed or designated in a temporary or acting capacity.
Section 2.

1. The Commission on Audit shall have the power, authority, and duty to examine, audit, and
settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of
funds and property, owned or held in trust by, or pertaining to, the Government, or any of its
subdivisions, agencies, or instrumentalities, including government-owned or controlled
corporations with original charters, and on a post- audit basis:
a. constitutional bodies, commissions and offices that have been granted fiscal
autonomy under this Constitution;
b. autonomous state colleges and universities;
c. other government-owned or controlled corporations and their subsidiaries; and
d. such non-governmental entities receiving subsidy or equity, directly or indirectly, from
or through the Government, which are required by law or the granting institution to
submit to such audit as a condition of subsidy or equity. However, where the internal
control system of the audited agencies is inadequate, the Commission may adopt
such measures, including temporary or special pre-audit, as are necessary and
appropriate to correct the deficiencies. It shall keep the general accounts of the
Government and, for such period as may be provided by law, preserve the vouchers
and other supporting papers pertaining thereto.
2. The Commission shall have exclusive authority, subject to the limitations in this Article, to
define the scope of its audit and examination, establish the techniques and methods required
therefor, and promulgate accounting and auditing rules and regulations, including those for
the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or
unconscionable expenditures or uses of government funds and properties.

Section 3. No law shall be passed exempting any entity of the Government or its subsidiaries in any
guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit.

Section 4. The Commission shall submit to the President and the Congress, within the time fixed by
law, an annual report covering the financial condition and operation of the Government, its
subdivisions, agencies, and instrumentalities, including government-owned or controlled
corporations, and non-governmental entities subject to its audit, and recommend measures
necessary to improve their effectiveness and efficiency. It shall submit such other reports as may be
required by law.

ARTICLE X
LOCAL GOVERNMENT

GENERAL PROVISIONS

Section 1. The territorial and political subdivisions of the Republic of the Philippines are the
provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim
Mindanao and the Cordilleras as hereinafter provided.

Section 2. The territorial and political subdivisions shall enjoy local autonomy.

Section 3. The Congress shall enact a local government code which shall provide for a more
responsive and accountable local government structure instituted through a system of
decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the
different local government units their powers, responsibilities, and resources, and provide for the
qualifications, election, appointment and removal, term, salaries, powers and functions and duties of
local officials, and all other matters relating to the organization and operation of the local units.

Section 4. The President of the Philippines shall exercise general supervision over local
governments. Provinces with respect to component cities and municipalities, and cities and
municipalities with respect to component barangays, shall ensure that the acts of their component
units are within the scope of their prescribed powers and functions.

Section 5. Each local government unit shall have the power to create its own sources of revenues
and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may
provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall
accrue exclusively to the local governments.

Section 6. Local government units shall have a just share, as determined by law, in the national
taxes which shall be automatically released to them.

Section 7. Local governments shall be entitled to an equitable share in the proceeds of the
utilization and development of the national wealth within their respective areas, in the manner
provided by law, including sharing the same with the inhabitants by way of direct benefits.

Section 8. The term of office of elective local officials, except barangay officials, which shall be
determined by law, shall be three years and no such official shall serve for more than three
consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered
as an interruption in the continuity of his service for the full term for which he was elected.

Section 9. Legislative bodies of local governments shall have sectoral representation as may be
prescribed by law.

Section 10. No province, city, municipality, or barangay may be created, divided, merged,
abolished, or its boundary substantially altered, except in accordance with the criteria established in
the local government code and subject to approval by a majority of the votes cast in a plebiscite in
the political units directly affected.

Section 11. The Congress may, by law, create special metropolitan political subdivisions, subject to
a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain
their basic autonomy and shall be entitled to their own local executive and legislative assemblies.
The jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic
services requiring coordination.

Section 12. Cities that are highly urbanized, as determined by law, and component cities whose
charters prohibit their voters from voting for provincial elective officials, shall be independent of the
province. The voters of component cities within a province, whose charters contain no such
prohibition, shall not be deprived of their right to vote for elective provincial officials.

Section 13. Local government units may group themselves, consolidate or coordinate their efforts,
services, and resources for purposes commonly beneficial to them in accordance with law.

Section 14. The President shall provide for regional development councils or other similar bodies
composed of local government officials, regional heads of departments and other government
offices, and representatives from non-governmental organizations within the regions for purposes of
administrative decentralization to strengthen the autonomy of the units therein and to accelerate the
economic and social growth and development of the units in the region.

AUTONOMOUS REGIONS

Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and geographical areas sharing common and
distinctive historical and cultural heritage, economic and social structures, and other relevant
characteristics within the framework of this Constitution and the national sovereignty as well as
territorial integrity of the Republic of the Philippines.

Section 16. The President shall exercise general supervision over autonomous regions to ensure
that laws are faithfully executed.

Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to
the autonomous regions shall be vested in the National Government.

Section 18. The Congress shall enact an organic act for each autonomous region with the
assistance and participation of the regional consultative commission composed of representatives
appointed by the President from a list of nominees from multi-sectoral bodies. The organic act shall
define the basic structure of government for the region consisting of the executive department and
legislative assembly, both of which shall be elective and representative of the constituent political
units. The organic acts shall likewise provide for special courts with personal, family, and property
law jurisdiction consistent with the provisions of this Constitution and national laws.

The creation of the autonomous region shall be effective when approved by majority of the votes
cast by the constituent units in a plebiscite called for the purpose, provided that only provinces,
cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous
region.

Section 19. The first Congress elected under this Constitution shall, within eighteen months from the
time of organization of both Houses, pass the organic acts for the autonomous regions in Muslim
Mindanao and the Cordilleras.

Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and
national laws, the organic act of autonomous regions shall provide for legislative powers over: 

1. Administrative organization;
2. Creation of sources of revenues;
3. Ancestral domain and natural resources;
4. Personal, family, and property relations;
5. Regional urban and rural planning development;
6. Economic, social, and tourism development;
7. Educational policies;
8. Preservation and development of the cultural heritage; and
9. Such other matters as may be authorized by law for the promotion of the general welfare of
the people of the region.

Section 21. The preservation of peace and order within the regions shall be the responsibility of the
local police agencies which shall be organized, maintained, supervised, and utilized in accordance
with applicable laws. The defense and security of the regions shall be the responsibility of the
National Government.

ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS

Section 1. Public office is a public trust. Public officers and employees must, at all times, be
accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act
with patriotism and justice, and lead modest lives.

Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of
the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment
for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption,
other high crimes, or betrayal of public trust. All other public officers and employees may be
removed from office as provided by law, but not by impeachment.

Section 3.

1. The House of Representatives shall have the exclusive power to initiate all cases of
impeachment.
2. A verified complaint for impeachment may be filed by any Member of the House of
Representatives or by any citizen upon a resolution or endorsement by any Member thereof,
which shall be included in the Order of Business within ten session days, and referred to the
proper Committee within three session days thereafter. The Committee, after hearing, and by
a majority vote of all its Members, shall submit its report to the House within sixty session
days from such referral, together with the corresponding resolution. The resolution shall be
calendared for consideration by the House within ten session days from receipt thereof.
3. A vote of at least one-third of all the Members of the House shall be necessary either to
affirm a favorable resolution with the Articles of Impeachment of the Committee, or override
its contrary resolution. The vote of each Member shall be recorded.
4. In case the verified complaint or resolution of impeachment is filed by at least one-third of all
the Members of the House, the same shall constitute the Articles of Impeachment, and trial
by the Senate shall forthwith proceed.
5. No impeachment proceedings shall be initiated against the same official more than once
within a period of one year.
6. The Senate shall have the sole power to try and decide all cases of impeachment. When
sitting for that purpose, the Senators shall be on oath or affirmation. When the President of
the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not
vote. No person shall be convicted without the concurrence of two-thirds of all the Members
of the Senate.
7. Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party
convicted shall nevertheless be liable and subject to prosecution, trial, and punishment,
according to law.
8. The Congress shall promulgate its rules on impeachment to effectively carry out the purpose
of this section.

Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may be provided by law.

Section 5. There is hereby created the independent Office of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for
Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be
appointed.

Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies,
shall be appointed by the Ombudsman, according to the Civil Service Law.

Section 7. The existing Tanodbayan shall hereafter be known as the Office of the Special
Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be provided
by law, except those conferred on the Office of the Ombudsman created under this Constitution.

Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and
at the time of their appointment, at least forty years old, of recognized probity and independence,
and members of the Philippine Bar, and must not have been candidates for any elective office in the
immediately preceding election. The Ombudsman must have, for ten years or more, been a judge or
engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as provided
for in Section 2 of Article 1X-A of this Constitution.

Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at
least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for
every vacancy thereafter. Such appointments shall require no confirmation. All vacancies shall be
filled within three months after they occur.

Section 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions, and they shall receive the same salary which shall
not be decreased during their term of office.

Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without
reappointment. They shall not be qualified to run for any office in the election immediately
succeeding their cessation from office.

Section 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on
complaints filed in any form or manner against public officials or employees of the Government, or
any subdivision, agency or instrumentality thereof, including government-owned or controlled
corporations, and shall, in appropriate cases, notify the complainants of the action taken and the
result thereof.

Section 13. The Office of the Ombudsman shall have the following powers, functions, and duties:

1. Investigate on its own, or on complaint by any person, any act or omission of any public
official, employee, office or agency, when such act or omission appears to be illegal, unjust,
improper, or inefficient.
2. Direct, upon complaint or at its own instance, any public official or employee of the
Government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and expedite
any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in
the performance of duties.
3. Direct the officer concerned to take appropriate action against a public official or employee at
fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and
ensure compliance therewith.
 4. Direct the officer concerned, in any appropriate case, and subject to such limitations as may
be provided by law, to furnish it with copies of documents relating to contracts or transactions
entered into by his office involving the disbursement or use of public funds or properties, and
report any irregularity to the Commission on Audit for appropriate action.
5. Request any government agency for assistance and information necessary in the discharge
of its responsibilities, and to examine, if necessary, pertinent records and documents.
6. Publicize matters covered by its investigation when circumstances so warrant and with due
prudence.
7. Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the
Government and make recommendations for their elimination and the observance of high
standards of ethics and efficiency.
8. Promulgate its rules of procedure and exercise such other powers or perform such functions
or duties as may be provided by law.

Section 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly released.

Section 15. The right of the State to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees, shall not be barred by prescription,
laches, or estoppel.

Section 16. No loan, guaranty, or other form of financial accommodation for any business purpose
may be granted, directly or indirectly, by any government-owned or controlled bank or financial
institution to the President, the Vice-President, the Members of the Cabinet, the Congress, the
Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any firm or entity in
which they have controlling interest, during their tenure.

Section 17. A public officer or employee shall, upon assumption of office and as often thereafter as
may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In
the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the
Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the
armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner
provided by law.

Section 18. Public officers and employees owe the State and this Constitution allegiance at all times
and any public officer or employee who seeks to change his citizenship or acquire the status of an
immigrant of another country during his tenure shall be dealt with by law.

ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY

Section 1. The goals of the national economy are a more equitable distribution of opportunities,
income, and wealth; a sustained increase in the amount of goods and services produced by the
nation for the benefit of the people; and an expanding productivity as the key to raising the quality of
life for all, especially the underprivileged.

The State shall promote industrialization and full employment based on sound agricultural
development and agrarian reform, through industries that make full of efficient use of human and
natural resources, and which are competitive in both domestic and foreign markets. However, the
State shall protect Filipino enterprises against unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the economy and all region s of the country shall be given
optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and
similar collective organizations, shall be encouraged to broaden the base of their ownership.

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils,
all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural lands, all other natural
resources shall not be alienated. The exploration, development, and utilization of natural resources
shall be under the full control and supervision of the State. The State may directly undertake such
activities, or it may enter into co-production, joint venture, or production-sharing agreements with
Filipino citizens, or corporations or associations at least 60 per centum of whose capital is owned by
such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for
not more than twenty-five years, and under such terms and conditions as may provided by law. In
cases of water rights for irrigation, water supply, fisheries, or industrial uses other than the
development of waterpower, beneficial use may be the measure and limit of the grant.

The State shall protect the nations marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as
well as cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers,
lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving either technical
or financial assistance for large-scale exploration, development, and utilization of minerals,
petroleum, and other mineral oils according to the general terms and conditions provided by law,
based on real contributions to the economic growth and general welfare of the country. In such
agreements, the State shall promote the development and use of local scientific and technical
resources.

The President shall notify the Congress of every contract entered into in accordance with this
provision, within thirty days from its execution.

Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands
and national parks. Agricultural lands of the public domain may be further classified by law according
to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to
agricultural lands. Private corporations or associations may not hold such alienable lands of the
public domain except by lease, for a period not exceeding twenty-five years, renewable for not more
than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines
may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof,
by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and subject to the
requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public
domain which may be acquired, developed, held, or leased and the conditions therefor.

Section 4. The Congress shall, as soon as possible, determine, by law, the specific limits of forest
lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest
lands and national parks shall be conserved and may not be increased nor diminished, except by
law. The Congress shall provide for such period as it may determine, measures to prohibit logging in
endangered forests and watershed areas.
Section 5. The State, subject to the provisions of this Constitution and national development policies
and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to
ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or
relations in determining the ownership and extent of ancestral domain.

Section 6. The use of property bears a social function, and all economic agents shall contribute to
the common good. Individuals and private groups, including corporations, cooperatives, and similar
collective organizations, shall have the right to own, establish, and operate economic enterprises,
subject to the duty of the State to promote distributive justice and to intervene when the common
good so demands.

Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed
except to individuals, corporations, or associations qualified to acquire or hold lands of the public
domain.

Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the
Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to
limitations provided by law.

Section 9. The Congress may establish an independent economic and planning agency headed by
the President, which shall, after consultations with the appropriate public agencies, various private
sectors, and local government units, recommend to Congress, and implement continuing integrated
and coordinated programs and policies for national development.

Until the Congress provides otherwise, the National Economic and Development Authority shall
function as the independent planning agency of the government.

Section 10. The Congress shall, upon recommendation of the economic and planning agency, when
the national interest dictates, reserve to citizens of the Philippines or to corporations or associations
at least sixty per centum of whose capital is owned by such citizens, or such higher percentage as
Congress may prescribe, certain areas of investments. The Congress shall enact measures that will
encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy and patrimony, the
State shall give preference to qualified Filipinos.

The State shall regulate and exercise authority over foreign investments within its national
jurisdiction and in accordance with its national goals and priorities.

Section 11. No franchise, certificate, or any other form of authorization for the operation of a public
utility shall be granted except to citizens of the Philippines or to corporations or associations
organized under the laws of the Philippines, at least sixty per centum of whose capital is owned by
such citizens; nor shall such franchise, certificate, or authorization be exclusive in character or for a
longer period than fifty years. Neither shall any such franchise or right be granted except under the
condition that it shall be subject to amendment, alteration, or repeal by the Congress when the
common good so requires. The State shall encourage equity participation in public utilities by the
general public. The participation of foreign investors in the governing body of any public utility
enterprise shall be limited to their proportionate share in its capital, and all the executive and
managing officers of such corporation or association must be citizens of the Philippines.
Section 12. The State shall promote the preferential use of Filipino labor, domestic materials and
locally produced goods, and adopt measures that help make them competitive.

Section 13. The State shall pursue a trade policy that serves the general welfare and utilizes all
forms and arrangements of exchange on the basis of equality and reciprocity.

Section 14. The sustained development of a reservoir of national talents consisting of Filipino

scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled
workers and craftsmen in all fields shall be promoted by the State. The State shall encourage
appropriate technology and regulate its transfer for the national benefit. The practice of all
professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.

Section 15. The Congress shall create an agency to promote the viability and growth of
cooperatives as instruments for social justice and economic development.

Section 16. The Congress shall not, except by general law, provide for the formation, organization,
or regulation of private corporations. Government-owned or controlled corporations may be created
or established by special charters in the interest of the common good and subject to the test of
economic viability.

Section 17. In times of national emergency, when the public interest so requires, the State may,
during the emergency and under reasonable terms prescribed by it, temporarily take over or direct
the operation of any privately-owned public utility or business affected with public interest.

Section 18. The State may, in the interest of national welfare or defense, establish and operate vital
industries and, upon payment of just compensation, transfer to public ownership utilities and other
private enterprises to be operated by the Government.

Section 19. The State shall regulate or prohibit monopolies when the public interest so requires. No
combinations in restraint of trade or unfair competition shall be allowed.

Section 20. The Congress shall establish an independent central monetary authority, the members
of whose governing board must be natural-born Filipino citizens, of known probity, integrity, and
patriotism, the majority of whom shall come from the private sector. They shall also be subject to
such other qualifications and disabilities as may be prescribed by law. The authority shall provide
policy direction in the areas of money, banking, and credit. It shall have supervision over the
operations of banks and exercise such regulatory powers as may be provided by law over the
operations of finance companies and other institutions performing similar functions.

Until the Congress otherwise provides, the Central Bank of the Philippines operating under existing
laws, shall function as the central monetary authority.

Section 21. Foreign loans may only be incurred in accordance with law and the regulation of the
monetary authority. Information on foreign loans obtained or guaranteed by the Government shall be
made available to the public.

Section 22. Acts which circumvent or negate any of the provisions of this Article shall be considered
inimical to the national interest and subject to criminal and civil sanctions, as may be provided by
law.
 ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS

Section 1. The Congress shall give highest priority to the enactment of measures that protect and
enhance the right of all the people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the
common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and
its increments.

Section 2. The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.

LABOR

Section 3. The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right to strike in accordance with law. They shall be
entitled to security of tenure, humane conditions of work, and a living wage. They shall also
participate in policy and decision-making processes affecting their rights and benefits as may be
provided by law.

The State shall promote the principle of shared responsibility between workers and employers and
the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce
their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of labor
to its just share in the fruits of production and the right of enterprises to reasonable returns to
investments, and to expansion and growth.

AGRARIAN AND NATURAL RESOURCES REFORM

Section 4. The State shall, by law, undertake an agrarian reform program founded on the right of
farmers and regular farmworkers who are landless, to own directly or collectively the lands they till
or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the
State shall encourage and undertake the just distribution of all agricultural lands, subject to such
priorities and reasonable retention limits as the Congress may prescribe, taking into account
ecological, developmental, or equity considerations, and subject to the payment of just
compensation. In determining retention limits, the State shall respect the right of small landowners.
The State shall further provide incentives for voluntary land-sharing.

Section 5. The State shall recognize the right of farmers, farmworkers, and landowners, as well as
cooperatives, and other independent farmers' organizations to participate in the planning,
organization, and management of the program, and shall provide support to agriculture through
appropriate technology and research, and adequate financial, production, marketing, and other
support services.

Section 6. The State shall apply the principles of agrarian reform or stewardship, whenever
applicable in accordance with law, in the disposition or utilization of other natural resources,
including lands of the public domain under lease or concession suitable to agriculture, subject to
prior rights, homestead rights of small settlers, and the rights of indigenous communities to their
ancestral lands. The State may resettle landless farmers and farmworkers in its own agricultural
estates which shall be distributed to them in the manner provided by law.

Section 7. The State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of the communal marine and fishing resources, both inland and
offshore. It shall provide support to such fishermen through appropriate technology and research,
adequate financial, production, and marketing assistance, and other services. The State shall also
protect, develop, and conserve such resources. The protection shall extend to offshore fishing
grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share
from their labor in the utilization of marine and fishing resources.

Section 8. The State shall provide incentives to landowners to invest the proceeds of the agrarian
reform program to promote industrialization, employment creation, and privatization of public sector
enterprises. Financial instruments used as payment for their lands shall be honored as equity in
enterprises of their choice.

URBAN LAND REFORM AND HOUSING

Section 9. The State shall, by law, and for the common good, undertake, in cooperation with the
private sector, a continuing program of urban land reform and housing which will make available at
affordable cost, decent housing and basic services to under-privileged and homeless citizens in
urban centers and resettlement areas. It shall also promote adequate employment opportunities to
such citizens. In the implementation of such program the State shall respect the rights of small
property owners.

Section 10. Urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except
in accordance with law and in a just and humane manner.

No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with
them and the communities where they are to be relocated.

HEALTH

Section 11. The State shall adopt an integrated and comprehensive approach to health
development which shall endeavor to make essential goods, health and other social services
available to all the people at affordable cost. There shall be priority for the needs of the under-
privileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide free
medical care to paupers.

Section 12. The State shall establish and maintain an effective food and drug regulatory system and
undertake appropriate health, manpower development, and research, responsive to the country's
health needs and problems.
Section 13. The State shall establish a special agency for disabled person for their rehabilitation,
self-development, and self-reliance, and their integration into the mainstream of society.

WOMEN

Section 14. The State shall protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and opportunities that will
enhance their welfare and enable them to realize their full potential in the service of the nation.

ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS

Section 15. The State shall respect the role of independent people's organizations to enable the
people to pursue and protect, within the democratic framework, their legitimate and collective
interests and aspirations through peaceful and lawful means.

People's organizations are bona fide associations of citizens with demonstrated capacity to promote
the public interest and with identifiable leadership, membership, and structure.

Section 16. The right of the people and their organizations to effective and reasonable participation
at all levels of social, political, and economic decision-making shall not be abridged. The State shall,
by law, facilitate the establishment of adequate consultation mechanisms.

HUMAN RIGHTS

Section 17.

1. There is hereby created an independent office called the Commission on Human Rights.
2. The Commission shall be composed of a Chairman and four Members who must be natural-
born citizens of the Philippines and a majority of whom shall be members of the Bar. The
term of office and other qualifications and disabilities of the Members of the Commission
shall be provided by law.
3. Until this Commission is constituted, the existing Presidential Committee on Human Rights
shall continue to exercise its present functions and powers.
4. The approved annual appropriations of the Commission shall be automatically and regularly
released.

Section 18. The Commission on Human Rights shall have the following powers and functions:

1. Investigate, on its own or on complaint by any party, all forms of human rights violations
involving civil and political rights;
2. Adopt its operational guidelines and rules of procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court;
3. Provide appropriate legal measures for the protection of human rights of all persons within
the Philippines, as well as Filipinos residing abroad, and provide for preventive measures
and legal aid services to the under-privileged whose human rights have been violated or
need protection;
4. Exercise visitorial powers over jails, prisons, or detention facilities;
5. Establish a continuing program of research, education, and information to enhance respect
for the primacy of human rights;
 6. Recommend to Congress effective measures to promote human rights and to provide for
compensation to victims of violations of human rights, or their families;
7. Monitor the Philippine Government's compliance with international treaty obligations on
human rights;
8. Grant immunity from prosecution to any person whose testimony or whose possession of
documents or other evidence is necessary or convenient to determine the truth in any
investigation conducted by it or under its authority;
9. Request the assistance of any department, bureau, office, or agency in the performance of
its functions;
10. Appoint its officers and employees in accordance with law; and
11. Perform such other duties and functions as may be provided by law.

Section 19. The Congress may provide for other cases of violations of human rights that should fall
within the authority of the Commission, taking into account its recommendations.

ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS

EDUCATION

Section 1. The State shall protect and promote the right of all citizens to quality education at all
levels, and shall take appropriate steps to make such education accessible to all.

Section 2. The State shall:

1. Establish, maintain, and support a complete, adequate, and integrated system of education
relevant to the needs of the people and society;
2. Establish and maintain, a system of free public education in the elementary and high school
levels. Without limiting the natural rights of parents to rear their children, elementary
education is compulsory for all children of school age;
3. Establish and maintain a system of scholarship grants, student loan programs, subsidies,
and other incentives which shall be available to deserving students in both public and private
schools, especially to the under-privileged;
4. Encourage non-formal, informal, and indigenous learning systems, as well as self-learning,
independent, and out-of-school study programs particularly those that respond to community
needs; and
5. Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational
efficiency, and other skills.

Section 3.

1. All educational institutions shall include the study of the Constitution as part of the curricula.
2. They shall inculcate patriotism and nationalism, foster love of humanity, respect for human
rights, appreciation of the role of national heroes in the historical development of the country,
teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop
 moral character and personal discipline, encourage critical and creative thinking, broaden
scientific and technological knowledge, and promote vocational efficiency.
3. At the option expressed in writing by the parents or guardians, religion shall be allowed to be
taught to their children or wards in public elementary and high schools within the regular
class hours by instructors designated or approved by the religious authorities of the religion
to which the children or wards belong, without additional cost to the Government.

Section 4.

1. The State recognizes the complementary roles of public and private institutions in the
educational system and shall exercise reasonable supervision and regulation of all
educational institutions.
2. Educational institutions, other than those established by religious groups and mission
boards, shall be owned solely by citizens of the Philippines or corporations or associations at
least sixty per centum of the capital of which is owned by such citizens. The Congress may,
however, require increased Filipino equity participation in all educational institutions. The
control and administration of educational institutions shall be vested in citizens of the
Philippines.

No educational institution shall be established exclusively for aliens and no group of aliens
shall comprise more than one-third of the enrollment in any school. The provisions of this sub
section shall not apply to schools established for foreign diplomatic personnel and their
dependents and, unless otherwise provided by law, for other foreign temporary residents.

3. All revenues and assets of non-stock, non-profit educational institutions used actually,
directly, and exclusively for educational purposes shall be exempt from taxes and duties.
Upon the dissolution or cessation of the corporate existence of such institutions, their assets
shall be disposed of in the manner provided by law.

Proprietary educational institutions, including those cooperatively owned, may likewise be

entitled to such exemptions, subject to the limitations provided by law, including restrictions
on dividends and provisions for reinvestment.

4. Subject to conditions prescribed by law, all grants, endowments, donations, or contributions

used actually, directly, and exclusively for educational purposes shall be exempt from tax.

Section 5.

1. the State shall take into account regional and sectoral needs and conditions and shall
encourage local planning in the development of educational policies and programs.
2. Academic freedom shall be enjoyed in all institutions of higher learning.
3. Every citizen has a right to select a profession or course of study, subject to fair, reasonable,
and equitable admission and academic requirements.
4. The State shall enhance the right of teachers to professional advancement. Non-teaching
academic and non-academic personnel shall enjoy the protection of the State.
5. The State shall assign the highest budgetary priority to education and ensure that teaching
will attract and retain its rightful share of the best available talents through adequate
remuneration and other means of job satisfaction and fulfillment.

LANGUAGE
Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further
developed and enriched on the basis of existing Philippine and other languages.

Subject to provisions of law and as the Congress may deem appropriate, the Government shall take
steps to initiate and sustain the use of Filipino as a medium of official communication and as
language of instruction in the educational system.

Section 7. For purposes of communication and instruction, the official languages of the Philippines
are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary
media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into
major regional languages, Arabic, and Spanish.

Section 9. The Congress shall establish a national language commission composed of

representatives of various regions and disciplines which shall undertake, coordinate, and promote
researches for the development, propagation, and preservation of Filipino and other languages.

SCIENCE AND TECHNOLOGY

Section 10. Science and technology are essential for national development and progress. The State
shall give priority to research and development, invention, innovation, and their utilization; and to
science and technology education, training, and services. It shall support indigenous, appropriate,
and self-reliant scientific and technological capabilities, and their application to the country's
productive systems and national life.

Section 11. The Congress may provide for incentives, including tax deductions, to encourage
private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid,
or other forms of incentives shall be provided to deserving science students, researchers, scientists,
inventors, technologists, and specially gifted citizens.

Section 12. The State shall regulate the transfer and promote the adaptation of technology from all
sources for the national benefit. It shall encourage the widest participation of private groups, local
governments, and community-based organizations in the generation and utilization of science and
technology.

Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists,
and other gifted citizens to their intellectual property and creations, particularly when beneficial to the
people, for such period as may be provided by law.

ARTS AND CULTURE

Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino
national culture based on the principle of unity in diversity in a climate of free artistic and intellectual
expression.
Section 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve,
promote, and popularize the nation's historical and cultural heritage and resources, as well as artistic
creations.

Section 16. All the country's artistic and historic wealth constitutes the cultural treasure of the nation
and shall be under the protection of the State which may regulate its disposition.

Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural
communities to preserve and develop their cultures, traditions, and institutions. It shall consider
these rights in the formulation of national plans and policies.

Section 18.

1. The State shall ensure equal access to cultural opportunities through the educational
system, public or private cultural entities, scholarships, grants and other incentives, and
community cultural centers, and other public venues.
2. The State shall encourage and support researches and studies on the arts and culture.

SPORTS

Section 19.

1. The State shall promote physical education and encourage sports programs, league
competitions, and amateur sports, including training for international competitions, to foster
self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.
2. All educational institutions shall undertake regular sports activities throughout the country in
cooperation with athletic clubs and other sectors.

ARTICLE XV
THE FAMILY

Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it
shall strengthen its solidarity and actively promote its total development.

Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be
protected by the State.

Section 3. The State shall defend:

1. The right of spouses to found a family in accordance with their religious convictions and the
demands of responsible parenthood;
2. The right of children to assistance, including proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their
development;

The right of the family to a family living wage and income; and
 3. The right of families or family associations to participate in the planning and implementation
of policies and programs that affect them.

Section 4. The family has the duty to care for its elderly members but the State may also do so
through just programs of social security.

ARTICLE XVI
GENERAL PROVISIONS

Section 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as
consecrated and honored by the people and recognized by law.

Section 2. The Congress may, by law, adopt a new name for the country, a national anthem, or a
national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of
the people. Such law shall take effect only upon its ratification by the people in a national
referendum.

Section 3. The State may not be sued without its consent.

Section 4. The Armed Forces of the Philippines shall be composed of a citizen armed force which
shall undergo military training and serve as may be provided by law. It shall keep a regular force
necessary for the security of the State.

Section 5.

1. All members of the armed forces shall take an oath or affirmation to uphold and defend this
Constitution.
2. The State shall strengthen the patriotic spirit and nationalist consciousness of the military,
and respect for people's rights in the performance of their duty.
3. Professionalism in the armed forces and adequate remuneration and benefits of its members
shall be a prime concern of the State. The armed forces shall be insulated from partisan
politics. No member of the military shall engage, directly or indirectly, in any partisan political
activity, except to vote.
4. No member of the armed forces in the active service shall, at any time, be appointed or
designated in any capacity to a civilian position in the Government, including government-
owned or controlled corporations or any of their subsidiaries.
5. Laws on retirement of military officers shall not allow extension of their service.
6. The officers and men of the regular force of the armed forces shall be recruited
proportionately from all provinces and cities as far as practicable.
7. The tour of duty of the Chief of Staff of the armed forces shall not exceed three years.
However, in times of war or other national emergency declared by the Congress, the
President may extend such tour of duty.

Section 6. The State shall establish and maintain one police force, which shall be national in scope
and civilian in character, to be administered and controlled by a national police commission. The
authority of local executives over the police units in their jurisdiction shall be provided by law.

Section 7. The State shall provide immediate and adequate care, benefits, and other forms of
assistance to war veterans and veterans of military campaigns, their surviving spouses and orphans.
Funds shall be provided therefor and due consideration shall be given them in the disposition of
agricultural lands of the public domain and, in appropriate cases, in the utilization of natural
resources.

Section 8. The State shall, from time to time, review to increase the pensions and other benefits due
to retirees of both the government and the private sectors.

Section 9. The State shall protect consumers from trade malpractices and from substandard or
hazardous products.

Section 10. The State shall provide the policy environment for the full development of Filipino
capability and the emergence of communication structures suitable to the needs and aspirations of
the nation and the balanced flow of information into, out of, and across the country, in accordance
with a policy that respects the freedom of speech and of the press.

Section 11.

1. The ownership and management of mass media shall be limited to citizens of the
Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by
such citizens.

The Congress shall regulate or prohibit monopolies in commercial mass media when the
public interest so requires. No combinations in restraint of trade or unfair competition therein
shall be allowed.

2. The advertising industry is impressed with public interest, and shall be regulated by law for
the protection of consumers and the promotion of the general welfare.

Only Filipino citizens or corporations or associations at least seventy per centum of the
capital of which is owned by such citizens shall be allowed to engage in the advertising
industry.

The participation of foreign investors in the governing body of entities in such industry shall
be limited to their proportionate share in the capital thereof, and all the executive and
managing officers of such entities must be citizens of the Philippines.

Section 12. The Congress may create a consultative body to advise the President on policies
affecting indigenous cultural communities, the majority of the members of which shall come from
such communities.

ARTICLE XVII
AMENDMENTS OR REVISIONS

Section 1. Any amendment to, or revision of, this Constitution may be proposed by:

1. The Congress, upon a vote of three-fourths of all its Members; or

2. A constitutional convention.

Section 2. Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number of registered
voters, of which every legislative district must be represented by at least three per centum of the
registered voters therein. No amendment under this section shall be authorized within five years
following the ratification of this Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional
convention, or by a majority vote of all its Members, submit to the electorate the question of calling
such a convention.

Section 4.Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid
when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty
days nor later than ninety days after the approval of such amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in
a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the
certification by the Commission on Elections of the sufficiency of the petition.

ARTICLE XVIII
TRANSITORY PROVISIONS

Section 1. The first elections of Members of the Congress under this Constitution shall be held on
the second Monday of May, 1987.

The first local elections shall be held on a date to be determined by the President, which may be
simultaneous with the election of the Members of the Congress. It shall include the election of all
Members of the city or municipal councils in the Metropolitan Manila area.

Section 2. The Senators, Members of the House of Representatives, and the local officials first
elected under this Constitution shall serve until noon of June 30, 1992.

Of the Senators elected in the elections in 1992, the first twelve obtaining the highest number of
votes shall serve for six years and the remaining twelve for three years.

Section 3. All existing laws, decrees, executive orders, proclamations, letters of instructions, and
other executive issuances not inconsistent with this Constitution shall remain operative until
amended, repealed, or revoked.

Section 4. All existing treaties or international agreements which have not been ratified shall not be
renewed or extended without the concurrence of at least two-thirds of all the Members of the Senate.

Section 5. The six-year term of the incumbent President and Vice-President elected in the February
7, 1986 election is, for purposes of synchronization of elections, hereby extended to noon of June
30, 1992.

The first regular elections for the President and Vice-President under this Constitution shall be held
on the second Monday of May, 1992.

Section 6. The incumbent President shall continue to exercise legislative powers until the first
Congress is convened.
Section 7. Until a law is passed, the President may fill by appointment from a list of nominees by the
respective sectors, the seats reserved for sectoral representation in paragraph (2), Section 5 of
Article V1 of this Constitution.

Section 8. Until otherwise provided by the Congress, the President may constitute the Metropolitan
Manila Authority to be composed of the heads of all local government units comprising the
Metropolitan Manila area.

Section 9. A sub-province shall continue to exist and operate until it is converted into a regular
province or until its component municipalities are reverted to the mother province.

Section 10. All courts existing at the time of the ratification of this Constitution shall continue to
exercise their jurisdiction, until otherwise provided by law. The provisions of the existing Rules of
Court, judiciary acts, and procedural laws not inconsistent with this Constitution shall remain
operative unless amended or repealed by the Supreme Court or the Congress.

Section 11. The incumbent Members of the Judiciary shall continue in office until they reach the age
of seventy years or become incapacitated to discharge the duties of their office or are removed for
cause.

Section 12. The Supreme Court shall, within one year after the ratification of this Constitution, adopt
a systematic plan to expedite the decision or resolution of cases or matters pending in the Supreme
Court or the lower courts prior to the effectivity of this Constitution. A similar plan shall be adopted
for all special courts and quasi-judicial bodies.

Section 13. The legal effect of the lapse, before the ratification of this Constitution, of the applicable
period for the decision or resolution of the cases or matters submitted for adjudication by the courts,
shall be determined by the Supreme Court as soon as practicable.

Section 14. The provisions of paragraphs (3) and (4), Section 15 of Article VIII of this Constitution
shall apply to cases or matters filed before the ratification of this Constitution, when the applicable
period lapses after such ratification.

Section 15. The incumbent Members of the Civil Service Commission, the Commission on
Elections, and the Commission on Audit shall continue in office for one year after the ratification of
this Constitution, unless they are sooner removed for cause or become incapacitated to discharge
the duties of their office or appointed to a new term thereunder. In no case shall any Member serve
longer than seven years including service before the ratification of this Constitution.

Section 16. Career civil service employees separated from the service not for cause but as a result
of the reorganization pursuant to Proclamation No. 3 dated March 25, 1986 and the reorganization
following the ratification of this Constitution shall be entitled to appropriate separation pay and to
retirement and other benefits accruing to them under the laws of general application in force at the
time of their separation. In lieu thereof, at the option of the employees, they may be considered for
employment in the Government or in any of its subdivisions, instrumentalities, or agencies, including
government-owned or controlled corporations and their subsidiaries. This provision also applies to
career officers whose resignation, tendered in line with the existing policy, had been accepted.

Section 17. Until the Congress provides otherwise, the President shall receive an annual salary of
three hundred thousand pesos; the Vice-President, the President of the Senate, the Speaker of the
House of Representatives, and the Chief Justice of the Supreme Court, two hundred forty thousand
pesos each; the Senators, the Members of the House of Representatives, the Associate Justices of
the Supreme Court, and the Chairmen of the Constitutional Commissions, two hundred four
thousand pesos each; and the Members of the Constitutional Commissions, one hundred eighty
thousand pesos each.

Section 18. At the earliest possible time, the Government shall increase the salary scales of the
other officials and employees of the National Government.

Section 19. All properties, records, equipment, buildings, facilities, and other assets of any office or
body abolished or reorganized under Proclamation No. 3 dated March 25, 1986 or this Constitution
shall be transferred to the office or body to which its powers, functions, and responsibilities
substantially pertain.

Section 20. The first Congress shall give priority to the determination of the period for the full
implementation of free public secondary education.

Section 21. The Congress shall provide efficacious procedures and adequate remedies for the
reversion to the State of all lands of the public domain and real rights connected therewith which
were acquired in violation of the Constitution or the public land laws, or through corrupt practices. No
transfer or disposition of such lands or real rights shall be allowed until after the lapse of one year
from the ratification of this Constitution.

Section 22. At the earliest possible time, the Government shall expropriate idle or abandoned
agricultural lands as may be defined by law, for distribution to the beneficiaries of the agrarian reform
program.

Section 23. Advertising entities affected by paragraph (2), Section 11 of Article XV1 of this
Constitution shall have five years from its ratification to comply on a graduated and proportionate
basis with the minimum Filipino ownership requirement therein.

Section 24. Private armies and other armed groups not recognized by duly constituted authority
shall be dismantled. All paramilitary forces including Civilian Home Defense Forces not consistent
with the citizen armed force established in this Constitution, shall be dissolved or, where appropriate,
converted into the regular force.

Section 25. After the expiration in 1991 of the Agreement between the Republic of the Philippines
and the United States of America concerning military bases, foreign military bases, troops, or
facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate
and, when the Congress so requires, ratified by a majority of the votes cast by the people in a
national referendum held for that purpose, and recognized as a treaty by the other contracting State.

Section 26. The authority to issue sequestration or freeze orders under Proclamation No. 3 dated
March 25, 1986 in relation to the recovery of ill-gotten wealth shall remain operative for not more
than eighteen months after the ratification of this Constitution. However, in the national interest, as
certified by the President, the Congress may extend such period.

A sequestration or freeze order shall be issued only upon showing of a prima facie case. The order
and the list of the sequestered or frozen properties shall forthwith be registered with the proper court.
For orders issued before the ratification of this Constitution, the corresponding judicial action or
proceeding shall be filed within six months from its ratification. For those issued after such
ratification, the judicial action or proceeding shall be commenced within six months from the
issuance thereof.

The sequestration or freeze order is deemed automatically lifted if no judicial action or proceeding is
commenced as herein provided.

Section 27. This Constitution shall take effect immediately upon its ratification by a majority of the
votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions.

The foregoing proposed Constitution of the Republic of the Philippines was approved by the
Constitutional Commission of 1986 on the twelfth day of October, Nineteen hundred and eighty-six,
and accordingly signed on the fifteenth day of October, Nineteen hundred and eighty-six at the
Plenary Hall, National Government Center, Quezon City, by the Commissioners whose signatures
are hereunder affixed.
REPUBLIC ACT No. 6975             December 13, 1990

AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A REORGANIZED

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Title of the Act. – This Act shall be known as the "Department of the Interior and
Local Government Act of 1990."

Section 2. Declaration of Policy. – It is hereby declared to be the policy of the State to promote
peace and order, ensure public safety and further strengthen local government capability aimed
towards the effective delivery of the basic services to the citizenry through the establishment of a
highly efficient and competent police force that is national in scope and civilian in character. Towards
this end, the State shall bolster a system of coordination and cooperation among the citizenry, local
executives and the integrated law enforcement and public safety agencies created under this Act.

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

Section 3. Promulgation of Comprehensive Policies by Congress. – Subject to the limitations

provided in the Constitution, the President shall recommend to Congress the promulgation of
policies on public order and safety to protect the citizenry from all forms of lawlessness, criminality
and other threats to peace and order.

CHAPTER I
THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

Section 4. The Department of the Interior and Local Government. – To carry out the policies and
purposes of this Act, the Department of Local Government is hereby reorganized into the
Department of the Interior and Local Government, hereinafter referred to as the Department, in
accordance with the provisions of this Act.

Section 5. Powers and Functions of the Department. – In furtherance of the objectives of this Act,
the Department shall continue to exercise the powers and functions of the Department of Local
Government in addition to the powers and functions as herein provided.

Section 6. Organization. – The Department shall consist of the Department Proper, the existing
bureaus and offices of the Department of Local Government, the National Police Commission, the
Philippine Public Safety College, and the following bureaus: the Philippine National Police, the
Bureau of Fire Protection, and the Bureau of Jail Management and Penology.

Section 7. Department Proper. – The Department Proper shall consist of the existing staff services
as provided for under Executive Order No. 262 and the following offices:

(a) Office of the Secretary. – The office of the Secretary shall consist of the Secretary and his
immediate staff; and

(b) Office of the Undersecretaries and Assistant Secretaries. – The Secretary shall be
assisted by two (2) Undersecretaries, one (1) for local government and the other for peace
and order, at least one (1) of whom must belong to the career executive service, and three
(3) career Assistant Secretaries.

Section 8. Head of Department. – The head of the Department. – The head of the Department,
hereinafter referred to as the Secretary, shall also be the ex-officio Chairman of the National Police
Commission and shall be appointed by the President subject to confirmation of the Commission on
Appointments. No retired or resigned military officer or police official may be appointed as Secretary
within one (1) year from the date of his retirement or resignation.

Section 9. General Powers, Term of Office and Compensation of the Secretary. – The authority
and responsibility for the exercise of the Department's powers and functions shall be vested in the
Secretary, who shall hold office at the pleasure of the President and shall receive the compensation,
allowances and other emoluments to which heads of departments are entitled.

Section 10. Specific Powers and Functions of the Secretary. – In addition to his powers and
functions as provided in Executive Order No. 262, the Secretary as Department head shall have the
following powers and functions:

(a) Prepare and submit periodic reports, including a Quarterly Anti-Crime Operations Report
and such other reports as the President and Congress may require;

(b) Act as Chairman and Presiding Officer of the National Police Commission; and

(c) Delegate authority to exercise any substantive or administrative function to the members
of the National Police Commission or other officers of rank within the Department.

Section 11. Regional Offices. – The Department shall establish, operate and maintain a regional
office in each of the administrative regions of the country to implement the policies and programs of
the Department. Each regional office shall be headed by a regional director to be assisted by two (2)
assistant regional directors: one (1) for jail management and penology and another for fire protection
in addition to the present assistant regional directors of the Department of Local Government.

Section 12. Relationship of the Department with the Department of National Defense. – During
a period of twenty-four (24) months from the effectivity of this Act, the Armed Forces of the
Philippines (AFP) shall continue its present role of preserving the internal and external security of the
State: Provided, That said period may be extended by the President, if he finds it justifiable, for
another period not exceeding twenty-four (24) months, after which, the Department shall
automatically take over from the AFP the primary role of preserving internal security, leaving to the
AFP its primary role of preserving external security. However, even after the Department has
assumed primary responsibility on matters affecting internal security, including the suppression of
insurgency, and there are serious threats to national security and public order, such as where
insurgents have gained considerable foothold in the community thereby necessitating the
employment of bigger tactical forces and the utilization of higher caliber armaments and better
armored vehicles, the President may, upon recommendation of the peace and order council, call
upon the Armed Forces of the Philippines to assume the primary role and the Philippine National
Police (PNP) to play the supportive role in the area concerned.

In times of national emergency, all elements of the PNP, the Bureau of Fire Protection, and the
Bureau of Jail Management and Penology shall, upon direction of the President, assist the Armed
Forces of the Philippines in meeting the national emergency.

The complementary relationship between the Department of the Interior and Local Government and
the Department of National Defense in any of the preceding eventualities shall be jointly prescribed
by their respective Secretaries in a memorandum of agreement that shall thereafter be published
and implemented.

CHAPTER II
THE NATIONAL POLICE COMMISSION

Section 13. Creation and Composition. – A National Police Commission, hereinafter referred to as

the Commission, is hereby created for the purpose of effectively discharging the functions prescribed
in the Constitution and provided in this Act. The Commission shall be a collegial body within the
Department. It shall be composed of a Chairman and four (4) regular commissioners, one (1) of
whom shall be designated as Vice-Chairman by the President. The Secretary of the Department
shall be the ex-officio Chairman of the Commission, while the Vice-Chairman shall act as the
executive officer of the Commission.

Section 14. Powers and Functions of the Commission. – The Commission shall exercise the
following powers and functions:

(a) Exercise administrative control over the Philippine National Police;

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

(c) Foster and develop policies and promulgate rules and regulations, standards and
procedures to improve police services based on sound professional concepts and principles;

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

(e) Prepare a police manual prescribing rules and regulations for efficient organization,
administration, and operation, including recruitment, selection, promotion and retirement;

(f) Establish a system of uniform crime reporting;

(g) Conduct surveys and compile statistical data for the proper evaluation of the efficiency
and effectiveness of all police units in the country;

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

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

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

(k) Exercise appellate jurisdiction through the regional appellate boards over administrative
cases against policemen and over decisions on claims for police benefits;

(l) Recommend to the President, through the Secretary, within sixty (60) days before the
commencement of each calendar year, a crime prevention;

(m) Prescribe minimum standards for arms, equipment, and uniforms and, after consultation
with the Philippine Heraldy Commission, for insignia of ranks, awards and medals of honor;

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

(o) Perform such other functions necessary to carry out the provisions of this Act and as the
President may direct.

Section 15. Qualifications. – No person shall be appointed regular member of the Commission

unless:

(a) He is at least thirty-five (35) years of age;

(b) A member of the Philippine Bar or a holder of a master's degree in public administration,
business administration, management, sociology, criminology, law enforcement, national
security administration, defense studies, and other related discipline; and

(c) Has had experience in law enforcement work for at least five (5) years .

Section 16. Term of Office. – The four (4) regular and full-time Commissioners shall be appointed
by the President upon the recommendation of the Secretary. Of the first four (4) commissioners to
be appointed, two (2) commissioners shall serve for six (6) years and the two (2) other
commissioners for four (4) years. All subsequent appointments shall be for a period of six (6) years
each, without reappointment or extension.

Section 17. Temporary or Permanent Incapacity of the Chairman. – In case of absence due to

temporary or permanent incapacity of the Chairman, the President shall designate an Acting
Chairman. In case of death or permanent incapacity or disqualification of the Chairman, the Acting
Chairman shall also act as such until a new Chairman shall have been appointed and qualified.
Section 18. Removal from Office. – The members of the Commission may be removed from office
for cause. All vacancies in the Commission, except through expiration of term, shall be filled up for
the unexpired term only: Provided, That any person who shall be appointed in this case shall be
eligible for regular appointment for another full term.

Section 19. Prohibitions. – The Chairman and members of the Commission shall not engage in the
practice of any profession, or intervene, directly or indirectly, in the management and control of any
private enterprise. They shall not, directly or indirectly, have any financial or material interest in any
transaction requiring the approval of their office.

Section 20. Organizational Structure. – The Commission shall consist of the following units:

(a) Commission Proper. – This is composed of the offices of the Chairman and the four (4)
commissioners.

(b) Staff Services. – The staff services of the Commission shall be as follows:

(1) The planning and Research Service, which shall provide technical services to the
Commission in areas of overall policy formulation, strategic and operational planning,
management systems or procedures, evaluation and monitoring of the Commission's
programs, projects and internal operations; and shall conduct thorough research and
analysis on social and economic conditions affecting peace and order in the country;

(2) The Legal Affairs Service, which shall provide the Commission with efficient and
effective service as legal counsel of the Commission; draft or study contracts
affecting the Commission and submit appropriate recommendations pertaining
thereto; and render legal opinions arising from the administration and operation of
the Philippine National Police and the Commission;

(3) The Crime Prevention and Coordination Service, which shall undertake
criminological researches and studies; formulate a national crime prevention plan;
develop a crime prevention and information program and provide editorial direction
for all criminology research and crime prevention publications;

(4) The Administrative Service, which shall provide the Commission with assistance
on budgetary and financial matters; provide the necessary services relating to
records, correspondence, supplies, property and equipment, security and general
services, and the maintenance and utilization of facilities; and provide services
relating to manpower, career planning and development, personnel transactions and
employee welfare;

(5) The Inspection and Monitoring Service, which shall conduct continuous inspection
and management audit of personnel, facilities and operations at all levels of
command of the PNP and shall monitor the implementation of the Commission's
programs and projects relative to law enforcement; and

(6) The Installations and Logistics Service, which shall review the Commission's
plans and programs and formulate policies and procedures regarding acquisition,
inventory, control, distribution, maintenance and disposal of supplies and shall
oversee the implementation of programs on transportation facilities and installations
and the procurement and maintenance of supplies and equipment.
 (c) Disciplinary Appellate Boards. – The Commission shall establish a formal administrative
disciplinary appellate machinery consisting of the National Appellate Board and the regional
appellate boards.

The National Appellate Board shall decide cases on appeal from decisions rendered by the PNP
chief, while the regional appellate boards shall decide cases on appeal from decisions rendered by
officers other than the PNP chief, the mayor, and the People Law Enforcement Board (PLEB)
created hereunder.

Section 21. Regional Offices. – The Commission shall establish, operate and maintain regional
offices headed by regional directors who shall implement the policies and programs of the
Commission in their respective regions. For administrative purposes, the regional offices of the
Commission shall be attached to the general offices of the Department.

Subject to the standards that shall be prescribed by the Commission, the regional offices shall
likewise perform the functions of adjudication of benefit claims.

Section 22. Qualifications of Regional Directors. – No person shall be appointed regional director

unless:

(a) He is at least thirty (30) years of age;

(b) A holder of a baccalaureate degree and appropriate civil service eligibility; and

(c) Has at least five (5) years experience in the field of law enforcement, criminology or
police administration.

CHAPTER III

A. THE PHILIPPINE NATIONAL POLICE ORGANIZATION

Section 23. Composition. – Subject to the limitations provided for in this Act, the Philippine
National Police, hereinafter referred to as the 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). For purposes of this Act, the officers and enlisted personnel of the PC shall
include those assigned with the Narcotics Command (NARCOM) or the Criminal Investigation
Service (CIS); and those of the technical services of the AFP assigned with the PC and the civilian
operatives of the CIS. The regular operatives of the abolished NAPOLCOM Inspection, Investigation
and Intelligence Branch may also be absorbed by the PNP. In addition, a PC officer or enlisted
personnel may transfer to any of the branches or services of the Armed Forces of the Philippines in
accordance with the provisions of Section 85 of this Act.

In order to be qualified for transfer to the PNP units in Metropolitan Manila and in highly urbanized
cities, an individual must have completed not less than second year collegiate work or its equivalent
in training of seventy-two (72) collegiate units.

Anyone who has any pending administrative or criminal case or has been adjudged liable or
convicted of any crime pending appeal shall be allowed to join the PNP provisionally without
prejudice to final judgment by a body of competent jurisdiction.
The permanent civilian employees of the present PC, INP, Narcotics Command, CIS, and the
technical services of the AFP assigned with the PC, including NAPOLCOM hearing officers holding
regular items as such, shall be absorbed by the Department as employees thereof, subject to
existing laws and regulations.

Section 24. Powers and Functions. – The PNP shall have the following powers and functions:

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

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

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

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

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

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

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

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

In addition, the PNP shall absorb the office of the National Action Committee on Anti-Hijacking
(NACAH) of the Department of National Defense, all the functions of the present Philippine Air Force
Security Command (PAFSECOM), as well as the police functions of the Coast Guard. In order to
perform its powers and functions efficiently and effectively, the PNP shall be provided with adequate
land, sea, and air capabilities and all necessary material means of resources.

Section 25. Organization. – The PNP shall be headed by a Chief who shall be assisted by two (2)
deputy chief, one (1) for operations and one (1) for administration, both of whom shall be appointed
by the President upon recommendation of the Commission from among the most senior and
qualified officers in the service: Provided, however, That in no case shall any officer who has retired
or is retirable within six (6) months from his compulsory retirement age be appointed as Chief of the
PNP. The PNP shall be composed of a national office, regional offices, provincial offices, district
offices, city or municipal stations.

At the national level, the PNP shall maintain its office in Metropolitan Manila which shall house the
directorial staff, service staff and special support units.

At the regional level, the PNP shall have regional offices, including that of the National Capital
Region, which may be divided into two (2) separate regions without prejudice to the pertinent
provisions of the Organic Act for the Autonomous Regions of the Cordilleras and Muslim Mindanao
relative to the creation of a regional police force in the area of autonomy. Each of these regional
offices shall be headed by a regional director for peace and order.
At the provincial level, there shall be a PNP office, each headed by a provincial director. In the case
of large provinces, police districts may be established by the Commission to be headed by a district
director.

At the city or municipal level, there shall be a PNP station, each headed by a chief of police.

The Chief of the PNP shall, within sixty (60) days from the effectivity of this Act and in accordance
with the broad guidelines set forth herein, recommend the organizational structure and staffing
pattern of the PNP to the Commission.

Section 26. Powers, Functions and term of Office of the PNP Chief . – The command and
direction of the PNP shall be vested in the Chief of the PNP who shall have the power to direct and
control tactical as well as strategic movements, deployment, placement, utilization of the PNP or any
of its units and personnel, including its equipment, facilities and other resources. Such command
and direction of the Chief of the PNP may be delegated to subordinate officials with the respect to
the units under their respective commands, in accordance with the rules and regulation prescribed
by the Commission. The Chief of the PNP shall also have the power to issue detailed implementing
policies and instructions regarding personnel, funds, properties, records, correspondence and such
other matters as may be necessary to effectivity carry out the functions, powers and duties of the
Bureau. The Chief of the PNP shall be appointed by the President from among the senior officers
down to the rank of chief superintendent, subject to confirmation by the Commission on
Appointments: Provided, That the Chief of the PNP shall serve a term of office not to exceed four (4)
years: Provided, further, That in times of war or other national emergency declared by Congress, the
President may extend such term of office.

Section 27. 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:
Provided, That the minimum police-to-population ratio shall not be less than one (1) policeman for
every one thousand (1,000) persons: Provided, further, That urban areas shall have a higher
minimum police-to-population ratio as may be prescribed by regulations.

Section 28. Rank Classification. – For purposes of efficient administration, supervision and control,
the rank classification of the members of the PNP shall be as follows:

Director General

Deputy Director General

Director

Chief Superintendent

Senior Superintendent

Superintendent

Chief Inspector

Senior Inspector
 Inspector

Senior Police Officer IV

Senior Police Officer III

Senior Police Officer II

Senior Police Officer I

Police Officer III

Police Officer II

Police Officer I

Section 29. Key Positions. – The head of the PNP with the rank director general shall have the
position title of Chief of the PNP. The second in command of the PNP with the rank of deputy
director general shall be the Deputy Chief of the PNP for Administration. The third in command with
the rank also of deputy director general shall be the Deputy Chief of the PNP for Operations.

At the national office, the head of the directorial staff with the rank of deputy director general shall be
known as Chief of the Directorial Staff of the PNP.

The heads of the various staff divisions in the directorial staff shall have the rank of director with the
position title of Director of the Directorial Staff of their respective functional divisions. The head of the
Inspectorate Division with the rank of chief superintendent shall assume the position title of Inspector
General. The heads of the administrative and operational support divisions shall have the rank of
chief superintendent.

The head of the NCR with the rank of director shall assume the position title of NCR Director.

The heads of the regional offices with the rank of chief superintendent shall assume the position title
of Regional Director.

The heads of the NCR district offices with the rank of chief superintendent shall have the position
title of District Director.

The heads of provincial offices with the rank of senior superintendent shall be known as Provincial
Director.

The heads of the district offices with the rank of superintendent shall have the position title of District
Director.

The heads of the municipality or city offices with the rank of chief inspector shall be known as Chief
of Police.

Section 30. General Qualifications for Appointment. – No person shall be appointed as officer or

member of the PNP unless he possesses the following minimum qualifications:
 (a) A citizen of the Philippines;

(b) A person of good moral conduct;

(c) Of sound mind and body;

(d) Must possess a formal baccalaureate degree for appointment as officer and must have
finished at least second year college or the equivalent of seventy-two (72) collegiate units for
appointment as non-officer or an equivalent training or experience for those already in the
service upon the effectivity of this Act.

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

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

(g) Must not have been convicted be final judgment of an offense or crime involving moral
turpitude;

(h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male and one
meter and fifty-seven centimeters (1.57 m.) for female;

(i) Must weight not more or less than five kilograms (5 kg.) of 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.

Section 31. Appointment of PNP Officers and Members. – The appointment of the officers and
members of the PNP shall be effected in the following manner:

(a) Police Officer I to Senior Police Officer IV . – Appointed by the PNP regional director for
regional personnel or by the Chief of the PNP for the national headquarters personnel and
attested by the Civil Service Commission.

(b) Inspector to Superintendent. – Appointed by the Chief of the PNP, as recommended by

their immediate superiors, attested by the Civil Service Commission;

(c) 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

(d) 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.
Section 32. Examinations for Policemen. – The Civil Service Commission shall administer the
qualifying entrance examinations for policemen on the basis of the standards set by the
NAPOLCOM.

Section 33. Lateral Entry of Officers into the PNP. – In general, all original appointments of
commissioned officers in the PNP shall commence with the rank of inspector, to include all those
with highly technical qualifications applying for the PNP technical services, such as dentist,
optometrists, nurses, engineers, and graduates of forensic sciences. Doctors of medicine, members
of the Bar, and chaplains shall be appointed to the rank of senior inspector in their particular
technical service. Graduates of the Philippine National Police Academy (PNPA) shall be
automatically appointed to the initial rank of inspector. Licensed criminologists may be appointed to
the rank of inspector to fill up any vacancy after promotions from the ranks are completed.

Section 34. Qualifications of Chief of City and Municipal Police Stations. – No person may be
appointed chief of a city police station unless he holds a bachelor's degree from a recognized
institution of learning or has served in the Philippine Constabulary or in the police department of any
city or municipality with the rank of captain or its equivalent therein for at least three (3) years.

No person may be appointed chief of a municipal police station unless he holds a bachelor's degree
from a recognized institution of learning or has served as officer in the Philippine Constabulary or in
the police department of any city or municipality for at least two (2) years with the rank lieutenant or
its equivalent: Provided, That a member of the Bar with at least five (5) years experience in active
law practice and who possesses the general qualifications under Section 30 of this Act shall be
qualified for appointment as chief of a city or municipal police station: Provided, further, That the
chief of police shall be appointed in accordance with the provisions of Section 51, paragraph b),
subparagraph (4) (i) of this Act.

Section 35. Support Units. – The PNP shall be supported by administrative and operational
support units. The administrative support units shall consist of the Crime Laboratory, Logistic Unit,
Communications Unit, Computer Center, Finance Center and Civil Security Unit. The operational
support units shall be composed of the Maritime Police Unit, Police Intelligence Unit, Police Security
Unit, Criminal Investigation Unit, Special Action Force, Narcotics units, Aviation Security Unit, Traffic
Management Unit, the Medical and Dental Centers and the Civil Relations Unit. To enhance police
operational efficiency and effectiveness, the Chief of the PNP may constitute such other support
units as may be necessary subject to the approval of the Commission: Provided, That no support
unit headed by a chief superintendent or a higher rank can be created unless provided by law.

(a) Administrative Support Units. – (1) Crime Laboratory. There shall be established a central
Crime Laboratory to be headed by a Director with the rank of chief superintendent, which
shall provides scientific and technical investigative aid and support to the PNP and other
government investigative agencies.

It shall also provide crime laboratory examination, evaluation and identification of physical
evidences involved in crimes with primary emphasis on their medical, chemical, biological
and physical nature.

There shall be likewise be established regional and city crime laboratories as may be
necessary in all regions and cities of the country.

(2) Logistic Unit. – Headed by a Director with the rank of chief superintendent, the
Logistics Unit shall be responsible for the procurement, distributions and
 management of all the logistical requirements of the PNP including firearms and
ammunition.

(3) Communications Unit. – Headed by a Director with the rank of chief

superintendent, the Communications Unit shall be responsible for establishing an
effective police communications network.

(4) Computer Center. – Headed by a Director with the rank of chief superintendent,
the Computer Center shall be responsible for the design, implementation and
maintenance of a database system for the PNP.

(5) Finance Center. – Headed by a Director with the rank of chief superintendent, the
Finance Center shall be responsible for providing finance services to the PNP.

(6) Civil Security Unit. – Headed by a Director with the rank of chief superintendent,
the Civil Security Unit shall provide administrative services and general supervision
over organization, business operation and activities of all organized private
detectives, watchmen, security guard agencies and company guard houses.

The unit shall likewise supervise the licensing and registration of firearms and explosives.

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

(b) Operational Support Units. – (1) Maritime Police Unit. Headed by a Director with the rank
of chief superintendent, the Maritime Police Unit shall perform all police functions over
Philippine territorial waters and rivers.

(2) Police Intelligence Unit. – Headed by a Director with the rank of chief
superintendent, the Police Intelligence Unit shall serve as the intelligence and
counterintelligence operating unit of the PNP.

(3) Police Security Unit. – Headed by a Director with the rank of chief superintendent,
Police Security Unit shall provide security for government officials, visiting dignitaries
and private individuals authorized to be given protection.

(4) Criminal Investigation Unit. – Headed by a Director with the rank of chief
superintendent, the Criminal Investigation Unit shall undertake the monitoring,
investigation and prosecution of all crimes involving economic sabotage, and other
crimes of such magnitude and extent as to indicate their commission by highly
placed or professional criminal syndicates and organizations.

This unit shall likewise investigate all major cases involving violations of the Revised
Penal Code and operate against organized crime groups, unless the President
assigns the case exclusively to the National Bureau of Investigation (NBI).

(5) Special Action Force. – Headed by a Director with the rank of chief
superintendent, the Special Action Force shall function as a mobile strike force or
reaction unit to augment regional, provincial, municipal and city police forces for civil
 disturbance control, counterinsurgency, hostage-taking rescue operations, and other
special operations.

(6) Narcotics Unit. – Headed by a Director with the rank of chief superintendent, the
Narcotics Unit shall enforce all laws relative to the protection of the citizenry against
dangerous and other prohibited drugs and substances.

(7) Aviation Security Unit. – Headed by a Director with the rank of chief
superintendent, the Aviation Security Unit, in coordination with airport authorities,
shall secure all the country's airports against offensive and terroristic acts that
threaten civil aviation, exercise operational control and supervision over all agencies
involved in airport security operation, and enforce all laws and regulations relative to
air travel protection and safety.

(8) Traffic Management Unit. – Headed by a Director with the rank of chief
superintendent, the Traffic Management Unit shall enforce traffic laws and
regulations.

(9) Medical and Dental Centers. – Headed by a Director with the rank of chief
superintendent, the Medical and Dental Centers shall be responsible for providing
medical and dental services for the PNP.

(10) Civil Relations Units. – Headed with a Director with the rank of chief
superintendent, the Civil Relations Unit shall implement plans and programs that will
promote community and citizens' participation in the maintenance of peace and order
and public safety.

Section 36. Status of Members of the Philippine National Police. – The members of the PNP
shall be considered employees of the National Government and shall draw their salaries therefrom:
Provided, That PNP members assigned in Metropolitan Manila, chartered cities and first class
municipalities may be paid in additional monthly allowance by the local government unit concerned.

B. PROFESSIONALISM, WELFARE AND BENEFITS

Section 37. Performance Evaluation System. – There shall be established a performance

evaluation system which shall be administered in accordance with the rules, regulations and
standards, and a code of conduct promulgated by the Commission for members of the PNP. Such
performance evaluation system be administered in such a way as to foster the improvement of
individual efficiency and behavioral discipline as well as the promotion of organizational
effectiveness and respect for the constitutional and human rights of citizens, democratic principles
and ideals and the supremacy of civilian authority over the military.

The rating system as contemplated herein shall be based on standards prescribed by the
Commission and shall consider results of annual physical, psychological and neuropsychiatric
examinations conducted on the PNP officer or member concerned.

Section 38. Promotions. – (a) 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. In addition, no member of the PNP shall eligible for promotion
unless he has been cleared by the People's Law Enforcement Board (PLEB) of complaints proffered
against him, if any.

(b) 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.

Section 39. 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 unextendible period of one (1) year.

Section 40. 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.

C. ADMINISTRATIVE DISCIPLINARY MACHINERY

Section 41. (a) Citizen's Complaints. – Any complaint by an individual 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 or 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, as created under Section 43 hereof, where the
offense is punishable by withholding of privileges, restriction to specified limits,
suspension of forfeiture of salary, or any combination thereof, for a period exceeding
thirty (30) days; or by dismissal.

The Commission shall provide in its implementing rules and regulations a scale of penalties
to be imposed upon any member of the PNP under this section.

(b) Internal Discipline. – In dealing with minor offenses involving internal discipline found to
have been committed by any regular member of their respective commands, the duly
designated supervisors and equivalent officers of the PNP shall, after due notice and
summary hearing, exercise disciplinary powers as follows:

(1) Chiefs 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;

(2) Provincial directors 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 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 or reprimand; restriction to
specified limits; 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 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.

(c) 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 referred to a
disciplining authority shall be referred to the appropriate authority which has jurisdiction over
the offense.

For purposes of this Act, a "minor offense" shall refer to an act or omission 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 or tardiness;

(4) Habitual drunkenness; and

(5) Gambling prohibited by law.

Section 42. Summary Dismissal Powers of the PNP Chief and Regional Directors. – The Chief
of the PNP and 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 is guilty of the charges; and

(c) When the respondent is guilty of conduct unbecoming of a police officer.

Section 43. People's Law Enforcement Board (PLEB). – (a) Creation and Functions. – Within
thirty (30) days from the issuance of the implementing rules and regulations by the Commission,
there shall be created by the sangguniang panlungsod/bayan in every city and municipality 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 municipality and for each of the legislative districts in a city.
The PLEB shall have jurisdiction to hear and decide citizen's complaints or cases filed before it
against erring officers and members of the PNP. There shall be at least one (1) PLEB for every five
hundred (500) city or municipal police personnel.

(b) Composition and Term of Office. – The PLEB shall be composed of the following:

(1) Any member of the sangguniang panlungsod/bayan chosen by his 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 shall be chosen by the 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 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 two (2) years from assumption of office.
Such member shall hold office until his successor shall have been chosen and qualified.

(c) Compensation – Membership in the PLEB is a civic duty. However, PLEB members may
be paid per diem as may be determined by the city or municipal council from city or
municipal funds.

(d) Procedure – (1) The PLEB, by a majority vote of all its members and its Chairman shall
determine whether or not the respondent officer or member of the PNP is guilty of the charge
upon which the complaint is based.

(2) Each case shall be decided within sixty (60) days from the time the case has
been filed with the PLEB.

(3) The procedures in the PLEB shall be summary in nature, conducted in

accordance with due process, but without strict regard to technical rules of evidence.

(4) The Commission shall issue the necessary implementing guidelines and
procedures to be adopted by the PLEB, including graduated penalties which may be
imposed by the PLEB.

(5) The Commission may assign the present NAPOLCOM hearing officers to act as
legal consultants of the PLEBs and provide, whenever necessary, legal services,
assistance and advise to the PLEBs in hearing and deciding cases against officers
and members of the PNP, especially those involving difficult questions of law:
Provided, That these lawyers may also be assigned to investigate claims for death
and disability benefits of PNP members or their heirs.

(e) Decisions – The decision of the PLEB shall become final and executory: Provided, That a
decision involving demotion or dismissal from the service may be appealed by either party
with the regional appellate board within ten (10) days from receipt of the copy of the
decision.
Section 44. Disciplinary Appellate Boards. – The formal administrative disciplinary machinery for
the PNP shall be the National Appellate Board and the regional appellate boards.

The National Appellate Board shall consist of four (4) divisions, each division composed of a
Commissioner as Chairman and two (2) other members. The Board shall consider appeals from
decisions of the Chief of the PNP.

The National Appellate Board 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) 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.

Section 45. Finality of Disciplinary Action. – The disciplinary action imposed upon a member of
the PNP shall be final and executory: Provided, That a disciplinary action imposed by the regional
director or by the PLEB involving demotion or dismissal from the service may be appealed to the
regional appellate board within ten (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 Appellate Board within ten (10) days from receipt thereof:
Provided, furthermore, That the regional or National Appellate Board, as the case may be, shall
decide the appeal within sixty (60) days from receipt of the notice of appeal: Provided, finally, That
failure of the regional appellate board 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.

Section 46. Jurisdiction in Criminal Cases. – Any provision of law to the contrary notwithstanding,
criminal cases involving PNP members shall within the exclusive jurisdiction of the regular courts:
Provided, That the courts-martial appointed pursuant to Presidential Decree No. 1850 shall continue
to try PC-INP members who have already been arraigned, to include appropriate actions thereon by
the reviewing authorities pursuant to Commonwealth Act No. 408, otherwise known as the Articles of
War, as amended, and Executive Order No. 178, otherwise known as the Manual for Courts-Martial:
Provided, further, That criminal cases against PC-INP members who may have not yet been
arraigned upon the effectivity of this Act shall be transferred to the proper city or provincial
prosecutor or municipal trial court judge.

Section 47. 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 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 until the case is terminated. Such case shall be subject to
continuous trial and shall be terminated within ninety (90) days from arraignment of the accused.

Section 48. Entitlement to Reinstatement and Salary. – A member of the PNP who may have
been suspended from office in accordance with the provisions of this Act or who shall have been
terminated or separated from office shall, upon acquittal from the charges against him, be entitled to
reinstatement and to prompt payment of salary, allowances and other benefits withheld from him by
reason of such suspension or termination.

Section 49. Legal Assistance. – The Secretary of the Department of Justice, the Chairman of the
Commission or the Chief of the PNP may authorize lawyers of their respective agencies to provide
legal assistance to any member of the PNP who is facing before the prosecutor's office, the court or
any competent body, a charge or charges arising from any incident which is related to the
performance of his official duty: Provided, That government lawyers so authorized shall have the
power to administer oaths. 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.

Section 50. Power to Administer Oaths. – Officials of the Commission who are appointed by the
President, as well as officers of the PNP from rank of inspector to senior superintendent, shall have
the power to administer oaths on matters which are connected with the performance of their official
duties.

D. PARTICIPATION OF LOCAL EXECUTIVES IN THE ADMINISTRATION OF THE PNP

Section 51. 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
jurisdiction. 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) eligible recommended by
the PNP regional director.

(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 safety plans, as provided under paragraph (b) (2) of this
section.

(b) City and Municipal Mayors – (1) Operational Supervision and Control. The city and
municipal mayors shall exercise operational supervision and control over PNP units in their
respective jurisdiction except during the thirty (30) day period immediately preceding and the
thirty (30) days following any national, local and 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, oversee and inspect the police units and forces.

It shall include the power to employ and deploy units or elements of the PNP,
through the station commander, to ensure public safety and effective maintenance of
peace and order within the locality. For this purpose, the term "employ" and "deploy"
shall mean as follows:

"Employ" refers to 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,
lawless violence, rebellious seditious conspiracy, insurgency, subversion or other
related activities.
 "Deploy" shall mean the orderly organized physical movement of elements or units of
the PNP within the province, city or municipality for purposes of employment as
herein defined.

(2) Integrated Community Safety Plans. – The municipal/city mayor shall, in

coordination with the local peace and order council of which he is the chairman
pursuant to Executive Order No. 309, as amended, develop and establish an
integrated area/community public safety plan embracing priorities of action and
program thrusts for implementation by the local PNP 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 city or municipality in
order to update them regarding local ordinances and legislations.

(3) Administrative Disciplinary Powers. – In the areas of discipline, city and municipal
mayors shall have the powers 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 this Act.

(4) Other Powers. – In addition to the aforementioned powers, city and municipal
mayors shall have the following authority over the PNP units in their respective
jurisdictions:

(i) 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.

(ii) Authority to recommend the transfer, reassignment or detail of PNP

members outside of their respective city or town residences; and

(iii) 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
appointment shall be attested.

Section 52. Suspension of Operational Supervision and Control. – The President may, upon
consultation with the provincial governor and congressman concerned, suspend the power of
operational supervision and control of any local executive over police units assigned or stationed in
his jurisdiction 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 negate the effectiveness of the
peace and order campaign.

Upon good cause shown, the President may, motu propio or upon the recommendation of the
National Police Commission, restore such power withdrawn from any local executive.
 CHAPTER IV
BUREAU OF FIRE PROTECTION

Section 53. Composition. – The Bureau of Fire Protection, hereinafter referred to as the Fire
Bureau, is hereby created initially consisting of the existing officers and uniformed members of the
fire service of the Integrated National Police as constituted under Presidential Decree No. 765.

Section 54. Powers and Functions. – The Fire Bureau shall be responsible for the prevention and
suppression of all destructive fires on buildings, houses and other structures, forest, land
transportation vehicles and equipment, ships or vessels docked at piers or wharves or anchored in
major seaports, petroleum industry installations, plane crashes and other similar incidents, as well as
the enforcement of the Fire Code and other related laws.

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

Section 55. Organization. – The Fire Bureau shall be headed by a chief who shall be assisted by a
deputy chief. It shall be composed of provincial offices, district offices and city or municipal stations.

At the provincial level, there shall be an office of the provincial fire marshall which shall implement
the policies, plans and programs of the Department; and monitor, evaluate and coordinate the
operations and activities of the fire service operating units at the city and municipal levels. In the
case of large provinces, district offices may be established, to be headed by a district fire marshall.

At the city or municipal level, there shall be a fire station, each headed by a city or municipal fire
marshall: Provided, That, in the case of large cities and municipalities, a district office with
subordinate fire stations headed by a district fire marshall may be organized as necessary.

The Fire Chief shall recommended to the Secretary the organizational structure and staffing pattern,
as well as the disciplinary machinery for officers and men of the Bureau, in accordance with the
guidelines set forth herein and as provided in Section 85 of this Act.

The local government units at the city and municipal levels shall be responsible for the fire protection
and various emergency services such as rescue and evacuation of injured people at fire-related
incidents and, in general, all fire prevention and suppression measures to secure the safety of life
and property of the citizenry.

Section 56. Establishment of Fire Station. – There shall be established at least one (1) fire station
with adequate personnel, firefighting facilities and equipment in every provincial capital, city and
municipality subject to the standards, rules and regulations as may be promulgated by the
Department. The local government unit shall, however, provide the necessary and or site of the
station.

Section 57. Qualification Standards. – The qualification standards of the members of the Fire
Bureau shall be as prescribed by the Department based on the requirement of the service.

Section 58. Rank Classification. – For purposes of efficient administration, supervision and control,
the rank classification of the members of the Fire Bureau shall be as follows:

Director
 Chief Superintendent

Senior Superintendent

Superintendent

Chief Inspector

Senior Inspector

Inspector

Senior Fire Officer IV

Senior Fire Officer III

Senior Fire Officer II

Senior Fire Officer I

Fire Officer III

Fire Officer II

Fire Officer I

Section 59. Key Positions. – The head of the Fire Bureau with the rank of director shall have the
position title of Chief of the Fire Bureau. He shall be assisted by a deputy chief with the rank of chief
superintendent.

The assistant heads of the Department's regional offices with the rank of senior superintendent shall
assume the position title of Assistant Regional Director for Fire Protection as provided in Section 11
of this Act; the heads of the NCR district offices with the rank of senior superintendent shall have the
position title of District Fire Marshall; the heads of the provincial offices with the rank of
superintendent shall be known as Provincial Fire Marshall; the heads of the district offices with the
rank of chief inspector shall have the position title of District Fire Marshall; and the heads of the
municipal or city stations with the rank of senior inspector shall be known as Chief of Municipal/City
Fire Station.

CHAPTER V
BUREAU OF JAIL MANAGEMENT AND PENOLOGY

Section 60. Composition. – The Bureau of Jail Management and Penology, hereinafter referred to
as the Jail Bureau, is hereby created initially consisting of officers and uniformed members of the Jail
Management and Penology Service as constituted under Presidential Decree No. 765.

Section 61. Powers and Functions. – The Jail Bureau shall exercise supervision and control over
all city and municipal jails. The provincial jails shall be supervised and controlled by the provincial
government within its jurisdiction, whose expenses shall be subsidized by the National Government
for not more than three (3) years after the effectivity of this Act.
Section 62. Organization. – The Jail Bureau shall be headed by a Chief who shall be assisted by a
deputy chief.

The jail Bureau shall composed of city and municipal jails, each headed by a city or municipal jail
warden: Provided, That, in the case of large cities and municipalities, a district jail with subordinate
jails headed by a district jail warden may be established as necessary.

The Chief of the Jail Bureau shall recommended to the Secretary the organizational structure and
staffing pattern of the Bureau as well as the disciplinary machinery for officers and men of the
Bureau in accordance with the guidelines set forth herein and as prescribed in Section 85 of this Act.

Section 63. Establishment of District, City or Municipal Jail. – There shall be established and
maintained in every district, city and municipality a secured, clean adequately equipped and sanitary
jail for the custody and safekeeping of city and municipal prisoners, any fugitive from justice, or
person detained awaiting investigation or trial and/or transfer to the national penitentiary, and/or
violent mentally ill person who endangers himself or the safety of others, duly certified as such by
the proper medical or health officer, pending the transfer to a medical institution.

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

Section 64. Rank Classification. – For purpose of efficient administration, supervision and control,
the rank classification of the members of the Jail Bureau shall be as follows:

Director

Chief Superintendent

Senior Superintendent

Superintendent

Chief Inspector

Senior Inspector

Inspector

Senior Jail Officer IV

Senior Jail Officer III

Senior Jail Officer II

Senior Jail Officer I

Jail Officer III

 Jail Officer II

Jail Officer I

Section 65. Key Positions. – The head of the Jail Bureau with the rank of director shall have the
position title of Chief of Jail Bureau. He shall be assisted by a deputy chief with the rank of chief
superintendent.

The assistant heads of the Department's regional offices with the rank of senior superintendent shall
assume the position title of Assistant Regional Director of Jail Management and Penology as
provided by Section 12 of this Act; the heads of district offices with the rank of chief inspector shall
have the position title of District Jail Warden; and the heads of the city or municipal stations with the
rank of senior inspector shall be known as City/Municipal Jail Warden.

CHAPTER VI
THE PHILIPPINE PUBLIC SAFETY COLLEGE

Section 66. Creation of the Philippine Public Safety College. – There is hereby created the
Philippine Public Safety College (PPSC), which shall be the premier educational institution for the
training, human resource development and continuing education of all personnel of the PNP, Fire
and Jail Bureaus.

Said College shall be under the direct supervision of a Board of Trustees composed of the Secretary
and the three (3) bureau heads.

Section 67. Composition, Powers and Functions. – The College shall consist of the present
Philippine National Police Academy (PNPA) established pursuant to Section 13 of Presidential
Decree No. 1184, the Fire Service Training Center, the Philippine National Training Center (PNTC),
the National Police College, and other special training centers as may be created by the
Department, whose functions shall be as follows:

(a) Formulate and implement training programs for the personnel of the Department;

(b) Establish and maintain adequate physical training facilities;

(c) Develop and implement research and development to support educational training
programs;

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

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

Section 68. Organization. – The structure and staffing pattern of the College shall be prescribed by
the Secretary.

CHAPTER VII
COMMON PROVISIONS FOR UNIFORMED PERSONNEL

Section 69. Incentives and Awards. – There shall be established an incentives and awards system
which shall be administered by a board under such rules, regulations and standards as may be
promulgated by the Department: Provided, That equivalent awards shall be given by the Department
for every award duly given by respectable civic organizations in a nationwide selection for
outstanding achievement and/or performance of any member.

Section 70. Health and Welfare. – It shall be the concern of the Department to provide leadership
and assistance in developing health and welfare programs for its personnel.

The heads of all bureaus and other offices created under this Act shall take all proper steps towards
the creation of an atmosphere conducive to a good supervisor-subordinate relationship and the
improvement of personnel morale.

Section 71. Longevity Pay and Allowances. – Uniformed personnel of the Department shall be
entitled to a longevity pay of ten percent (10%) of their basic monthly salaries for every five (5) years
of service, which shall be reckoned from the date of the personnel's original appointment in the AFP,
or appointment in the police, fire jail or other allied services to the integration of the PC and the INP:
Provided, That the totality of such longevity pay shall not exceed fifty percent (50%) of the basic pay.
They shall also continue to enjoy the subsistence allowance, quarters allowance, clothing allowance
cost of living allowance, hazard pay, and all other allowances as provided by existing laws.

Section 72. Active Service. – For purposes of this Act, active service of the uniformed personnel
shall refer to services rendered as an officer and non-officer, cadet, trainee or draftee in the PNP,
Fire or Jail Force or in the municipal police prior to the integration of the PC-INP or in the AFP, and
services rendered as a civilian official or employee in the Philippine Government prior to the date of
separation or retirement from the PNP, Fire or Jail Force: Provided, That, for purposes of retirement
he shall have rendered at least ten (10) years of active service as officer or non-officer in the AFP,
and /or in the INP and/or in the PNP, Fire or Jail Force: Provided, further, That services rendered as
cadet, probationary officer, trainee or draftee in the AFP or as cadet or trainee in the INP and PNP
shall be credited for purposes of longevity pay: Provided, finally, That, for cadet services, the
maximum number of service to be credited shall not exceed the duration of the pre-commissionship
course specified in the curriculum.

Section 73. Permanent Physical Disability. – An officer or non-officer who, having accumulated at

least twenty (20) years of active service, incurs total permanent physical disability in line of duty shall
be compulsorily retired: Provided, That, if he has accumulated less than twenty (20) years of active
service, he shall be separated from the service and be entitled to a separation pay equivalent to one
and one-fourth (11/4) months base pay for every year of service, or a fraction thereof, and longevity
pay of the permanent grade he holds.

Section 74. Retirement in the Next Higher Grade. – Uniformed personnel covered under this Act
shall, for purposes of retirement pay, be retired in one (1) grade higher than the permanent grade
last held: Provided, That they have served for at least one (1) year of active service in the permanent
grade.

Section 75. 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.

Section 76. Death and Disability Benefits. – A uniformed personnel and/or his heirs shall be
entitled to all benefits relative to the death or permanent incapacity of said personnel, as provided for
under this Act, and/or other existing laws.
Section 77. Exemption from Attachment and Taxes. – All benefits granted by this Act, including
benefits received from the Government Service Insurance System, shall not be subject to
attachment, levy, execution or any tax of whatever nature.

Section 78. Uniformed Personnel Missing in Action. – Any uniformed personnel who while in the
performance of duty or by reason of his being an officer or member of the PNP, Fire or Jail Force, is
officially confirmed missing in action, kidnapped or captured by lawless elements shall, while so
absent, be entitled to receive or to have credited to his account the same pay and allowances to
which such officer or uniformed member was entitled at the time of the incident: Provided, That the
compulsory retirement of a person missing in action shall be processed to allow the members of the
next of kin to enjoy the retirement benefits: Provided, further, That should the Chief of the PNP, Fire
or Jail Force, as the same may be, upon the recommendation of the proper authority and/or
immediate supervisor, subsequently determine that the officer or uniformed member concerned have
been absent from duty without authority, such member or his heirs shall reimburse the PNP, Fire or
Jail Force all such amount and allowances received by him in accordance with this section and the
following section.

Section 79. Payment of Salary and Allowances to the Heirs of Uniformed Personnel. – In case
any uniformed personnel has been officially confirmed as missing in action under any of the
circumstances provided in the preceding section, the Chief of the PNP, Fire or Jail Force, as the
case may be, shall direct payment of the absent uniformed personnel's monthly salary and
allowances and other emoluments pertinent thereto his/her heirs for their support for a maximum
period of one (1) year from the date of commencement of absent or when last heard from as those
kidnapped or captured by lawless elements.

Section 80. Finding of Death and Termination of Payment of Salary and Allowances. – Upon
the termination of the one (1) year period as specified in the preceding section, the missing
uniformed personnel shall be automatically terminated. In the event said personnel shall thereafter
be found to have been alive and is not entitled to the benefits paid under the preceding sections of
this Act, said benefits shall be reimbursed to the State within six (6) months from the discovery of the
fact or his reappearance. However, if his continued disappearance was fraudulent or made in bad
faith he shall, together with his co-conspirators, be prosecuted according to law.

Section 81. Complaints and Grievances. – Uniformed personnel shall have the right to present
complaints and grievances to their superiors or commanders and have them heard and adjudicated
as expeditiously as possible in the best interest of the service, with due regard to due process in
every case. Such complaints or grievances shall be resolved at the lowest possible level in the unit
of command and the respondent shall have the right to appeal from an adverse decision to higher
authorities.

Section 82. Prohibitions; Penalties. – As professional police, fire and jail officers and members
responsible for the maintenance of peace and order and public safety, the members and officers of
the PNP, Fire or Jail Force are hereby prohibited from engaging in strikes, rallies, demonstrations
and other similar concerted activities, or performing other acts prejudicial to good order and police
discipline.

Any PNP, fire or Jail Force member found guilty by final judgment of violating the provisions of the
preceding paragraph shall be dismissed from the service without prejudice to whatever criminal or
civil liability he may have incurred in relation to such violations.

CHAPTER VIII
TRANSITORY PROVISIONS
Section 83. Secretary of the Department of Local Government on Holdover Capacity. – The
incumbent Secretary of the Department of Local Government shall perform the functions of the
Secretary of the Interior and Local Government on holdover capacity until such time when a new
Secretary shall have been appointed by the President and confirmed by the Commission on
Appointments.

Section 84. Special Oversight Committee. – A special Over-sight Committee is hereby created,

composed of the Secretary as Chairman, the Secretary of Budget and Management as Co-
chairman, the Secretary of National defense, the incumbent PC-INP Director General, the incumbent
Chairman of the Civil Service Commission, the respective Chairmen of the Committee on Local
Government and the Committee on National Defense and Security in the Senate, and the respective
Chairmen of the Committee on Public Order and Security and the Committee on National Defense in
the House of Representatives, as members, which shall plan and oversee the expeditious
implementation of the transfer, merger and/or absorption into the Department of the personnel,
property, appropriations and installations of involved agencies.

Section 85. Phases of Implementation. – The implementation of this Act shall be undertaken in

three (3) phases, to wit:

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

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

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

Phase III – Adjustment of ranks and establishment of one (1) lineal roster of officers and
another for non-officers, and the rationalization of compensation and retirement systems;
taking into consideration the existing compensation schemes and retirement and separation
benefit systems of the different components of the PNP, to ensure that no member of the
PNP shall suffer any diminution in basic longevity and incentive pays, allowances and
retirement benefits due there before the creations of the PNP, to be completed within
 eighteen (18) months from the effectivity of this Act. To accomplish the task of Phase III, the
Commission shall create a Board of officers composed of the following: NAPOLCOM
Commissioner as Chairman and one (1) representative each for the PC, Budget and
Management.

Upon the effectivity of this Act, the Secretary shall exercise administrative supervision as well
as operational control over the transferred, merged and/or absorbed AFP and INP units. The
incumbent Director General of the PC-INP shall continue to act as Director General of the
PNP until such time as he shall have been replaced by the President.

Section 86. Assumption by the PNP of Police Functions. – The PNP shall absorb the functions of
the PC, the INP and the Narcotics Command upon the effectivity of this Act.

All functions of the PAFSECOM and the police functions of the Coast Guard shall be taken over by
the PNP when it acquires the capability to perform such functions after the transition period of
eighteen (18) months. The personnel of the PAFSECOM or the Coast Guard shall, within the
transition period, have the option to join the PNP or remain with the PAFSECOM or the Coast
Guard, as the case may be.

Section 87. Absorption by the Department of the National Action Committee on Anti-

Hijacking. – The Department shall absorb the National Action Committee on Anti-Hijacking under
the Department of National Defense, and the transfer of assets, personnel and accountabilities of
this office to the Department shall proceed in accordance with the provisions of this chapter.

Section 88. Transfer, Merger, and Absorption of Offices and Personnel. – All properties,
equipment, finances of the transferred and absorbed agencies, including their respective
accountabilities, are hereby transferred to the Department.

The transfer, merger and/or absorption of any government office/unit concerned shall include the
functions, appropriations, funds, records, equipment, facilities, choses in action, rights, other assets,
and liabilities, if any, of the transferred Office/unit as well as the personnel thereof, who shall; unless
removed for cause and after due process; in a holdover capacity, continue to perform their
respective duties and responsibilities and receive their corresponding salaries and benefits. Those
personnel of the transferred, merged, and/or absorbed office/unit whose positions are not included in
the new position structure and staffing pattern approved by the Department or who are not
reappointed shall be given preference to join the Department or any of the offices thereunder or shall
be allowed to retire under existing laws, rules and regulations. Otherwise, they shall be deemed
separated and paid gratuity equivalent to one and one-fourth (11/4) months basic salary for every
year of service or a fraction thereof.

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

The heads of the various bureaus and offices created under this Act shall, within six (6) months from
the effectivity of this Act, recommended the organizational structure and staffing pattern of their
bureaus, and offices for approval by the Secretary.

Section 89. Compulsory Retirement for INP Members. – Any provision hereof to the contrary
notwithstanding and within the transition period of four (4) years following the effectivity of this Act,
the following members of the INP shall be considered compulsorily retired:
 (a) Those who shall attain the age of sixty (60) on the first year of the effectivity of this Act.

(b) Those who shall attain the age of fifty-nine (59) on the second year of the effectivity of
this Act; and

(c) Those who shall attain the age of fifty-eight (58) on the third year of the effectivity of this
Act.

(d) Those who shall attain the age of fifty-seven (57) on the fourth year of the effectivity of
this Act.

Section 90. Status of Present NAPOLCOM, PC-INP. – Upon the effectivity of this Act, the present
National Police Commission, and the Philippine Constabulary-Integrated National Police shall cease
to exist. The Philippine Constabulary, which is the nucleus of the integrated Philippine Constabulary-
Integrated National Police, shall cease to be a major service of the Armed Forces of the Philippines.
The Integrated National Police, which is the civilian component of the Philippine Constabulary-
Integrated National Police, shall cease to be the national police force and in lieu thereof, a new
police force shall be established and constituted pursuant to this Act.

CHAPTER IX
FINAL PROVISIONS

Section 91. Application of Civil Service Laws. – The Civil Service Law and its implementing rules
and regulations shall apply to all personnel of the Department.

Section 92. Funding. – For purpose of organizing and constituting the Department, and for carrying
out the provisions of this Act, the appropriations of the abolished, transferred or reconstituted offices
for the current fiscal year shall be transferred to the Department. Thereafter, such as may be
necessary to carry out the provisions of this Act shall be included in the annual General
Appropriations Act.

Section 93. Implementing Rules and Regulations. – Within ninety (90) days from his
appointment, the Secretary shall promulgate rules and regulations necessary to ensure the effective
implementation of this Act.

Section 94. Separability Clause. – If any portion or provision of this Act is declared

unconstitutional, the same shall not effect the validity and effectivity of the other provisions not
affected thereby.

Section 95. Repealing Clause. – All laws, decrees, executive orders, rules and regulations, and
other issuances or parts thereof which are inconsistent with this Act hereby repealed, amended or
modified accordingly.

The provisions of Executive Order No. 262 shall remain valid insofar as they are not inconsistent
with the provisions of this Act.

Section 96. Effectivity. – This Act shall take effect after fifteen (15) days following its publication in
two (2) national newspapers of general circulation.

Approved: December 13, 1990

Republic Act No. 8551             February 25, 1998

AN ACT PROVIDING FOR THE REFORM AND REORGANIZATION OF THE PHILIPPINE

NATIONAL POLICE AND FOR OTHER PURPOSES, AMENDING CERTAIN PROVISIONS OF
REPUBLIC ACT NUMBERED SIXTY-NINE HUNDRED AND SEVENTY-FIVE ENTITLED, "AN
ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A RE-ORGANIZED
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER
PURPOSES"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

TITLE I
TITLE AND DECLARATION OF POLICY

Section 1. Title. – This Act shall be known as the "Philippine National Police Reform and
Reorganization Act of 1998".

Section 2. 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.

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.

TITLE II
THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS
Section 3. Section 12 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 12. Relationship of the Department with the Department of National Defense. – The
Department of the Interior and Local Government shall be relieved of the primary
responsibility on matters involving the suppression of insurgency and other serious threats to
national security. The Philippine National Police shall, through information gathering and
performance of its ordinary police functions, support the Armed Forces of the Philippines 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."

TITLE III
THE NATIONAL POLICE COMMISSION

Section 4. Section 13 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 13. Creation and Composition. – A National Police Commission, hereinafter referred
to as the Commission, is hereby created for the purpose of effectively discharging the
functions prescribed in the Constitution and provided in this Act. The Commission shall be an
agency attached to the Department for policy and program coordination. It shall be
composed of a Chairperson, four (4) regular Commissioners, and the Chief of 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 Department shall be the ex-officio Chairperson of the
Commission, while the Vice Chairperson shall act as the executive officer of the
Commission."

Section 5. Section 14 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 14. Powers and Functions of the Commission. – The Commission shall exercise
the following powers and functions:

"(a) Exercise administrative control and operational supervision over the Philippine
National Police 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
purposes 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,

personnel disciplinary actions involving demotion or dismissal from the
service imposed upon members of the Philippine National Police by the Chief
of the Philippine National Police;

"7) Exercise appellate jurisdiction through the regional appellate boards 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, for insignia of
ranks, awards, and medals of honor. Within ninety (90) days from the
effectivity of this Act, the standards of the uniformed personnel of the PNP
must be revised which should be clearly distinct from the military and
reflective of the civilian character of the police;

"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 on 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 conditions obtaining in the organization and
 administration of police agencies in the municipalities, cities and provinces
throughout the country, and recommendations for appropriate remedial legislation;

"d) Recommend to the President, through the Secretary, 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 this Act and
as the President may direct."

Section 6. Section 15 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 15. Qualifications. – 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; 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 members of a duly
registered non-government organization involved in the promotion of peace and
order."

Section 7. Section 16 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 16. 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 re-appointment or extension."

Section 8. Expiration of the Terms of Office of Current Commissioners. – Upon the effectivity of this
Act the terms of office of the current Commissioners are deemed expired which shall constitute a bar
to their reappointment or an extension of their terms in the Commission except for current
Commissioners who have served less than two (2) years of their terms of office who may be
appointed by the President for a maximum term of two (2) years.

Section 9. Section 17 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 17. 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 Chairperson until
the Chairperson is present or regains capacity to serve. In case of death or permanent
incapacity or disqualification of the chairperson, the acting chairperson shall also act as such
until a new chairperson shall have been appointed by the President and qualified."

Section 10. Section 20 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 20. Organizational Structure. – The Commission shall consist of the following units:

"(a) Commission Proper. – This is composed of the offices of the Chairman and four
(4) Commissioners.

"(b) Staff Services. – The staff services of the Commission shall be as follows:

"(1) The Planning and Research Service, which shall provide technical
services to the Commission in areas of overall policy formulation, strategic
and operational planning, management systems or procedures, evaluation
and monitoring of the Commission's programs, projects and internal
operations; and shall conduct thorough research and analysis on social and
economic conditions affecting peace and order in the country;

"(2) The Legal Affairs Service, which shall provide the Commission with
efficient and effective service as legal counsel of the Commission; draft or
study contracts affecting the Commission and submit appropriate
recommendations pertaining thereto; and render legal opinions arising from
the administration and operation of the Philippine National Police and the
Commission;

"(3) The Crime Prevention and Coordination Service, which shall undertake
criminological researches and studies; formulate a national crime prevention
plan; develop a crime prevention and information program and provide
editorial direction for all criminology research and crime prevention
publications;

"(4) The Personnel and Administrative Service, which shall perform

personnel functions for the Commission, administer the entrance and
promotional examinations for policemen, provide the necessary services
relating to records, correspondence, supplies, property and equipment,
security and general services, and the maintenance and utilization of
facilities, and provide services relating to manpower, career planning and
development, personnel transactions and employee welfare;

"(5) The Inspection, Monitoring and Investigation Service, which shall

conduct continuous inspection and management audit of personnel, facilities
and operations at all levels of command of the PNP, monitor the
implementation of the Commission's programs and projects relative to law
enforcement; and monitor and investigate police anomalies and irregularities;

"(6) The Installations and Logistics Service, which shall review the
Commission's plans and programs and formulate policies and procedures
regarding acquisition, inventory, control, distribution, maintenance and
disposal of supplies and shall oversee the implementation of programs on
transportation facilities and installations and the procurement and
maintenance of supplies and equipment; and

"(7) The Financial Service, which shall provide 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 and surviving children of deceased and/or permanently
incapacitated PNP personnel.

"(c) Disciplinary Appellate Boards – The Commission shall establish a formal

administrative disciplinary appellate machinery consisting of the National Appellate
Board and the regional appellate boards.

"The National Appellate Board shall decide cases on appeal from decisions rendered by the
PNP chief, while the regional appellate boards shall decide cases on appeal from decisions
rendered by officers other than the PNP chief, the mayor, and the People's Law Enforcement
Board (PLEB) created hereunder."

Section 11. Section 22 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 22. Qualifications of Regional Directors. – No person shall be appointed regional director
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 the members of the Commission 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 and/or an in-service education program or
similar programs within ninety (90) days from the effectivity of this Act: Provided, That those who are
already in the service from the effectivity of this Act shall have five (5) years to obtain the required
degree or qualification counted from the implementation of the qualifications upgrading program.

TITLE IV
THE PHILIPPINE NATIONAL POLICE

A. REORGANIZATION

Section 13. 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 this Act 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
operation; and 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. Section 30 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 30. General Qualifications for Appointment. – No person shall be appointed as

officer or 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/psychological, drug and physical tests to be
administered by the PNP or by any NAPOLCOM accredited government hospital 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;

"g) Must not have been convicted by final judgment of an offense or crime involving
moral turpitude;

"h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male
and one meter and fifty-seven centimeters (1.57 m.) for female;

"i) Must weigh not more or less than five kilograms (5 kgs.) 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 one 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
this Act shall be given at least two (2) more 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 drugs, the PNP by itself or through a
NAPOLCOM accredited government hospital shall conduct regular psychiatric, psychological
drug and physical tests randomly and without notice.

"After the lapse of the time period for the satisfaction of a specific requirement, current
members of the PNP who will 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 Appointments to the PNP. – 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: Provided, That an applicant shall not be
below twenty (20) nor over thirty-five (35) years of age: Provided, further, That any applicant not
meeting the weight requirement shall be given reasonable time but not exceeding six (6) months
within which to comply with the said requirement: Provided, furthermore, That only applicants who
have finished second year college or have earned at least seventy-two (72) collegiate units leading
to a bachelor's decree shall be eligible for appointment: Provided, furthermore, That anybody who
will enter the service without a baccalaureate degree shall be given a maximum of four (4) years to
obtain the required educational qualification: Provided, finally, That a waiver for height requirement
shall be automatically granted to applicants belonging to the cultural communities.

Section 16. Selection Criteria Under the Waiver Program. – The selection of 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 requirements shall be waived in the following order: (a) age, (b) height, (c) weight,
and (d) education.

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

Section 17. Nature of Appointment Under a Waiver Program. – Any PNP uniformed personnel
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 time periods under Section 13 of this
Act shall be dismissed from the service.

Section 18. Re-application of Dismissed PNP Members Under a Waiver Program. – Any PNP
member who shall be dismissed under a waiver program shall be eligible to re-apply for appointment
to the PNP: Provided, That he or she possesses the minimum qualifications under Section 14 of this
Act and his or her reappointment is not by virtue of another waiver program.

Section 19. The Field Training Program. – All uniformed members of the PNP shall undergo a
Field Training Program for twelve (12) months involving actual experience and assignment in patrol,
traffic, and investigation as a requirement for permanency of their appointment.

Section 20. Increased Qualifications for Provincial Directors. – No person may be appointed

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 PNP personnel who is currently occupying the position but lacks any of the qualifications
mentioned above shall be given three (3) years upon the effectivity of this Act to comply with the
requirements; otherwise he or she shall be relieved from the position.

Section 21. Section 32 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 32. 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."

Section 22. Section 34 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 34. Qualifications of Chief of City and Municipal Police Stations. – No person shall be
appointed chief of a city police station unless he/she is a graduate of Bachelor of Laws or
has finished all the required courses 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 appointed 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 appointment as
chief of a city or municipal police station: Provided, further, That the appointee has
successfully passed the required field training program and has complied with other
requirements as may be established by the Commission: Provided, furthermore, That the
chief of police shall be appointed in accordance with the provisions of Section 51, paragraph
(b), subparagraph 4(i) of this Act."

Section 23. Qualifications Upgrading Program. – The Commission shall design and establish a
qualifications upgrading program for the Philippine National Police officers and members in
coordination with the Civil Service Commission, and the Commission on Higher Education through a
distance education program and/or an in-service education program or other similar programs within
ninety (90) days from the effectivity of this Act.

C. ATTRITION SYSTEM FOR UNIFORMED PERSONNEL

Section 24. Attrition System. – There shall be established a system of attrition within the uniformed
members of the PNP within one (1) year from the effectivity of this Act to be submitted by the PNP to
the Commission for approval. Such attrition system shall include but is not limited to the provisions of
the following sections.

Section 25. 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 the 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 the 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 PNP Chief's tour of duty: Provided, further, That PNP members who have already
reached their maximum tenure upon the effectivity of this Act 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, 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 appointed to any other
position.

Section 26. Attrition by Relief. – A PNP uniformed personnel who has been relieved for just cause
and has not been given an assignment within two (2) years after such relief shall be retired or
separated.

Section 27. Attrition by Demotion in Position or Rank. – Any PNP personnel, civilian or

uniformed, 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 his
or her grade within eighteen (18) months after such demotion in position shall be retired or
separated.

Section 28. Attrition by Non-promotion. – Any PNP personnel who has not been promoted for a
continuous period of ten (10) years shall be retired or separated.

Section 29. 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 and/or mental incapacity to perform police functions and duties; or

d) failure to pass the required entrance examinations twice and/or finish the required career
courses except for justifiable reasons.

Section 30. Retirement or Separation Under the Preceding Sections. – Any personnel who is
dismissed from the PNP pursuant to Sections 25, 26, 27, 28 and 29 hereof shall be retired if he or
she has rendered at least twenty (20) years of service and separated if he or she has rendered less
than twenty (20) years of service unless the personnel is disqualified by law to receive such benefits.
 D. PROMOTION SYSTEM

Section 31. Rationalized Promotion System. – Within six (6) months after the effectivity of this
Act, the Commission shall establish a system of promotion for uniformed and non-uniformed
personnel of the PNP which shall be based on merits 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 32. 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: Provided, further, That any personnel designated to the
position who does not possess the established minimum qualifications therefor shall occupy the
same temporarily for not more than six (6) months without reappointment or extension.

Section 33. Section 38 (a) and (b) of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 38. Promotions. – (a) 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 PNPA or equivalent
training institutions, and has satisfactorily passed the required psychiatric/psychological and
drug tests. In addition, no uniformed member of the PNP shall be eligible for promotion
during the pendency of his or her administrative and/or criminal case or unless he or she has
been cleared by the People's Law Enforcement Board (PLEB), and the Office of the
Ombudsman of any complaints proffered against him or her, if any.

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

E. UPGRADING OF SALARIES AND BENEFITS

Section 34. Section 75 of the same Act is hereby amended to read as follows:

"SEC. 75. 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: Provided, That, the uniformed personnel shall have the option to
receive in advance and in lump sum his 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 the officers/non-officers of the PNP shall be subject to adjustments based
on the prevailing scale of base pay of police personnel in the active service."

Section 35. Section 73 of the same Act is hereby amended to read as follows:
 "SEC. 73. 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.

"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) years guaranteed period."

Section 36. Section 36 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 36. 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 incentive by the local government unit
concerned subject to the availability of funds."

Section 37. Early Retirement Program. – Within three (3) years after the effectivity of this Act, any
PNP officer or non-commissioned officer may retire and be paid separation benefits corresponding
to a position two (2) ranks higher than his or her present rank subject to the following conditions:

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

b) the applicant is not scheduled for separation or retirement from the service due to the
attrition system or separation for cause;

c) he or she has no pending administrative or criminal case; and

d) he or she has at least three (3) more years in the service before reaching the compulsory
retirement age and at least a year before his or her maximum tenure in position.

Section 38. Rationalization of 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 this Act for approval by Congress: Provided, That the approved schedule
and program shall have retroactive effect in favor of PNP members and officers 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.

TITLE V
INTERNAL AFFAIRS SERVICE

Section 39. Creation, Powers, and Functions. – An Internal Affairs Service (IAS) of the PNP is
hereby created which shall:

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 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;

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 police personnel 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 personnel;

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 to the promotion of the
members of the PNP or the assignment of PNP personnel to any key position.

Section 40. Organization. – National, regional, and provincial offices of the Internal Affairs shall be
established. Internal Affairs Service shall be headed by an Inspector General who shall be assisted
by a Deputy Inspector General. The area 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 hereof.

Section 41. Appointments. – The Inspector General shall be appointed by the President upon the
recommendation of the Director General 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 42. Entry Qualifications to IAS. – Entry to the Internal Affairs Service shall be voluntary
and subject to rigid screening where only PNP personnel 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 43. 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 44. Promotions. – The Commission shall establish the promotion system within the IAS
which shall follow the general principles of the promotion system in the PNP.

Section 45. Prohibitions. – Any personnel who joins the IAS may not thereafter join any other unit
of the PNP. Neither shall any personnel of the IAS be allowed to sit in a committee deliberating on
the appointment, promotion, or assignment of any PNP personnel.

Section 46. Career Development and Incentives. – (1) Personnel of the Internal Affairs Service
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.

(2) IAS members shall also have priorities in the quota allocation for training and education.

Section 47. 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.

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

Section 48. Inclusion of Supervisors and Superiors in IAS Investigations. – The immediate

superior or supervisor of the personnel or units being investigated under the preceding section shall
be automatically included in the investigation of the IA to exclusively determine lapses in
administration or supervision.

Section 49. Disciplinary Recommendations of the IAS. – (a) Any uniformed PNP personnel found
guilty of any of the cases mentioned in Section 39 of this Act and any immediate superior or
supervisor found negligent under Section 48 shall be recommended automatically for dismissal or
demotion, as the case may be.

(b) Recommendations by the IAS for the imposition of disciplinary measures against an
erring PNP personnel, once final, cannot be revised, set-aside, or unduly delayed by any
disciplining authority without just cause. Any disciplining authority who fails to act or who acts
with abuse of discretion on the recommendation of the IAS shall be made liable for gross
neglect of duty. The case of erring disciplinary authority shall be submitted to the Director
General for proper disposition.

Section 50. Appeals. – Decisions rendered by the provincial inspectors shall be forwarded to the
area internal affairs office for review within ten (10) working days upon the receipt thereof. Decisions
of the area office may be appealed to the national office through the Office of Inspector General.
Decisions rendered by the National IAS shall be appealed to the National Appellate Board or to the
court as may be appropriate: Provided, That the summary dismissal powers of the Director General
and Regional Directors as provided in Section 42 of Republic Act No. 6975 shall remain valid:
Provided, further, That the existing jurisdiction over offenses as provided under Republic Act No.
6975 shall not be affected.

Section 51. Complaints Against the IAS. – A complaint against any personnel or office of IAS shall
be brought to the Inspector General's Office or to the Commission as may be appropriate.

TITLE VI
DISCIPLINARY MECHANISMS

Section 52. Section 41 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 41(a). 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, as created under Section 43 hereof, 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.

"The Commission shall provide in its implementing rules and regulations a scale of penalties
to be imposed upon any member of the PNP under this Section.

"(b) Internal Discipline. – On dealing with minor offenses involving internal discipline found to
have been committed by any regular member of their respective commands, the duly
designated supervisors and equivalent officers of the PNP shall, after due notice and
summary hearing, exercise disciplinary powers as follows:

"(1) Chiefs 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;
 "(2) Provincial directors or equivalent supervisors may summarily impose
administrative punishment 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;

"(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 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;

"(4) The Chief of the PNP shall have the power to impose 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.

"(c) 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 referred to a
disciplining authority shall be referred to the appropriate authority which has jurisdiction over
the offense.

"For purposes of this Act, 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 not
limited to:

"(1) Simple misconduct or negligence;

"(2) Insubordination;

"(3) Frequent absences and tardiness;

"(4) Habitual drunkenness; and

"(5) Gambling prohibited by law.

"(d) Forum shopping of multiple filing of complaints. – When an administrative complaint is

filed with a police disciplinary authority, such as the People's Law Enforcement Board
(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 has not heretofore commenced any other action or proceeding involving
the same issues in other disciplinary forum;

"(b) that to the best of his knowledge, no such action or proceeding is pending in
other 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 must state the status thereof; and

"(d) that if he should thereafter learn that a similar action or proceeding has been
filed or is pending before any other police disciplinary authority, he 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 53. Section 42 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 42. 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 is guilty of the charges; and

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

"Any member or officer 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. His activities and whereabouts during the period shall be investigated and if found to
have committed a crime, he shall be prosecuted accordingly."

Section 54. Section 44 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 44. 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 hearings 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."

Section 55. Section 47 of Republic Act No. 6975 is hereby amended to read as follows:

"Sec. 47. 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
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 and/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, PNP. Such case shall be subject to continuous trial and shall
be terminated within ninety (90) days from arraignment of the accused."

Section 56. Section 49 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 49. 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 legal
assistance to any member of the PNP who is facing before the prosecutor's office, the court
or any competent body, a charge or charges arising from any incident which is related to the
performance of his 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."

TITLE VII
CREATION OF WOMEN'S DESKS IN ALL POLICE STATIONS AND THE FORMULATION OF A
GENDER SENSITIVITY PROGRAM

Section 57. Creation and Functions. – The PNP shall establish women's desks 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 this Act within which to comply with the requirement of this provision.

Section 58. Prioritization of Women for Recruitment. – Within the next five (5) years, the PNP
shall prioritize the recruitment and training of women who shall serve in the women's desk. Pursuant
to this requirement, the PNP shall reserve ten percent (10%) of its annual recruitment, training, and
education quota for women

Section 59. Gender Sensitivity Program. – The Commission shall formulate a gender sensitivity
program within ninety (90) days from the effectivity of this Act to include but not 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.
Section 60. Administrative Liability. – Any personnel 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 personnel who violates the rules more than twice shall be recommended for demotion or
dismissal from the PNP.

Section 61. Non-prohibition for Promotion. – Nothing in this title shall be construed as a

restriction on the assignment of policewomen to other positions in the PNP nor shall any provisions
of this title be used for the non-promotion of a PNP female personnel to higher position.

TITLE VIII
PARTICIPATION OF LOCAL GOVERNMENT EXECUTIVES IN THE ADMINISTRATION OF THE
PNP

Section 62. The provisions of the second, third, fourth and fifth paragraphs of subparagraph (b) (1),
Section 51, Chapter III-D of Republic Act No. 6975 are hereby amended to read as follows:

"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 station commander, 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 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."

Section 63. Section 51 (b) (4) of Republic Act No. 6975 is hereby amended to read as follows:

"(4) Other Powers. In addition to the aforementioned powers, city and municipal mayors shall
have the following authority over the PNP units in their respective jurisdictions:

"(i) 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, however, That in no case shall an officer-in-charge 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 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;

"(ii) Authority to recommend to the provincial director the transfer, reassignment or

detail of PNP members outside of their respective city or town residences; and

"(iii) 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.

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

Section 64. Automatic Deputation of Local Government Executives as Commission

Representatives. – Governors and mayors, upon having been elected and living qualified as such,
are automatically deputized as representatives of the National Police Commission in their respective
jurisdiction. 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 65. Section 52 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 52. 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 executive 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 negate the effectiveness
of the peace and order campaign.

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

TITLE IX
STRENGTHENING THE PEOPLE'S LAW ENFORCEMENT BOARD

Section 66. Paragraph (a), Section 43 of Republic Act No. 6975 is hereby amended to read as
follows:
 "SEC. 43. People's Law Enforcement Board (PLEB). – (a) Creation and Functions – The
sangguniang panlungsod/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. Subject to the provisions of Section 41 of Republic Act No. 6975,
the PLEB shall take cognizance of or refer the complaint to the proper disciplinary or
adjudicatory authority within three (3) days upon the filing of the complaint."
lawph!l.net

Section 67. Number (3) of Paragraph (b), Section 43 of Republic Act No. 6975 is hereby amended
to read as follows:

"(3) 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."

Section 68. The last paragraph of Section 43 (b)(3) of Republic Act No. 6975 shall be amended to
read as follows:

"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 successor shall have been chosen and qualified."

Section 69. Compensation and Benefits. – Paragraph c, Section 43 of Republic Act No. 6975
shall be amended to read as follows:

"(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 70. Budget Allocation. – The annual budget of the Local Government Units (LGU) shall
include an item and the corresponding appropriation for the maintenance and operation of their local
PLEBs.

The Secretary shall submit a report to Congress and the President within fifteen (15) days from the
effectivity of this Act on the number of PLEBs already organized as well as the LGUs still without
PLEBs. Municipalities or cities without a PLEB or with an insufficient number of organized PLEBs
shall have thirty (30) more days 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 PLEB(s).

Section 71. Request for Preventive Suspension. – The PLEB may ask any authorized superior to
impose preventive suspension against a subordinate police officer who is the subject of a complaint
lasting up to a period as may be allowed under the law. 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 PNP personnel 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 lawphil.net

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.

TITLE X
TRANSITORY PROVISIONS

Section 72. 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 the effectivity of this Act.

TITLE XI
FINAL PROVISIONS

Section 73. Rules and Regulations. – Unless otherwise provided in this Act, the Commission in
coordination with the Philippine National Police and the Department of the Interior and Local
Government, shall promulgate rules and regulations for the effective implementation of this Act.
Such rules and regulations shall take effect upon their publication in three (3) newspapers of general
circulation.

Section 74. Appropriations. – The amount necessary to carry out the provisions of this Act is
hereby authorized to be appropriated in the General Appropriations Act of the year following its
enactment into law and thereafter.

Section 75. Repealing Clause. – All laws, presidential decrees, letters of instructions, executive
orders, rules and regulations insofar as they are inconsistent with this Act, are hereby repealed or
amended as the case may be.

Section 76. Separability Clause. – In case any provision of this Act or any portion thereof is
declared unconstitutional by a competent court, other provisions shall not be affected thereby.

Section 77. Effectivity Clause. – This Act shall take effect after its complete publication in at least
three (3) newspapers of general circulation.

Approved: February 25, 1998

REPUBLIC ACT No. 11200

An Act Providing for the Rank Classification in the Philippine National Police, Amending for
the Purpose Section 28 of Republic Act No. 6975, as Amended, Otherwise Known as the
"Department of the Interior and Local Government Act of 1990"

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Section 28 of Republic Act No. 6975, otherwise known as the "Department of the Interior
and Local Government Act of 1990", is hereby amended to read as follows:

"Section 28. Rank Classification.— For purposes of clarity of command and responsibility, and for
the effective and efficient administration, supervision and control, the rank classification of the
uniformed personnel of the PNP shall be as follows:

"Police General

"Police Lieutenant General

"Police Major General

"Police Brigadier General

"Police Colonel

"Police Lieutenant Colonel

"Police Major

"Police Captain

"Police Lieutenant

"Police Executive Master Sergeant

"Police Chief Master Sergeant

 "Police Senior Master Sergeant

"Police Master Sergeant

"Police Staff Sergeant

"Police Corporal

"Patrolman/Patrolwoman"

Section 2. The remaining provisions of Republic Act No. 6975, as amended by Republic Act No.
8551, otherwise known as the "Philippine National Police Reform and Reorganization Act of 1998",
that have reference to the rank classification of the uniformed personnel of the Philippine National
Police, and all other laws, executive orders, rules and regulations inconsistent with the provisions of
this Act shall be deemed modified or repealed accordingly.

Section 3. Within thirty (30) days from the effectivity of this Act, the Chief of the Philippine National
Police shall issue the necessary rules and regulations for the effective implementation of this Act.

Section 4. This Act shall take effect fifteen (15) days after its full publication in a newspaper of
general circulation.

Approved,

GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives

VICENTE C. SOTTO III

President of the Senate

This Act which is a consolidation of Senate Bill No. 2031 and House Bill No. 5236 was passed by the
Senate and the House of Representatives on November 21, 2018 and November 26, 2018,
respectively.

DANTE ROBERTO P. MALING

Acting Secretary General
House of Representatives

MYRA MARIE D. VILLARICA

Secretary of the Senate

Approved: February 8, 2019

(Sgd.) RODRIGO ROA DUTERTE

President of the Philippines
The Philippine National Police
THE PHILIPPINE NATIONAL POLICE (PNP)

Originating from a merging of the Philippine Constabulary and the Integrated National
Police, the Philippine National Police (PNP) is the civilian national police force of the
Philippines. The following is a brief history of the PNP and the organizational structure
that it holds today.

The Philippine National Police (PNP) originated from the Philippine Constabulary or the
PC, which was inaugurated on August 8, 1901, establishing it as an insular police force
under the American regime. On August 8, 1975, Presidential Decree no. 765 was
issued, establishing the Philippine Constabulary Integrated National Police or the
PC/INP as the country’s national police force. These fragmented and diverse local
police units were integrated into a national police force with the Philippine Constabulary
as its nucleus.

After the People’s Revolution in 1986, a new Constitution was promulgated providing for
a police force, which is “national in scope and civilian in character.” Consequently,
Republic Act No. 6975 entitled, “An Act Establishing the Philippine National Police
under a Reorganized Department of the Interior and Local government (DILG),” was
signed into law on December 13, 1990, which took effect on January 1, 1991.
Subsequently, the PNP was operational on January 29, 1991, whose members were
formerly the PC and the INP and the absorption of the selected members from the
major service units of the Armed Forces of the Philippines such as the Philippine Air
Force Security Command, the Philippine Coast Guard, Philippine Navy, and the
Philippine Army.

Thus, to further strengthen the PNP into a highly efficient and competent police force,
Republic Act No. 8551 entitled “PNP Reform and the Reorganization Act of 1998” was
enacted on February 17, 1998, amending certain provisions of Republic Act No. 6975.
Pursuant to Republic Act No. 6975 as amended by Republic Act No. 8551, The PNP in
under the administrative control and operational supervision of the National Police
Commission. Meanwhile, the NAPOLCOM is an attached agency of the Department of
the Interior and Local Government for policy and program coordination. The Secretary
of the Interior and Local government is mandated to be the Ex- Officio Chairman of
NAPOLCOM.

In order to accomplish the mission, powers and functions of the PNP, its
structure was provided for as follows:

1. The PNP Command Group is headed by the Chief PNP who is vested with the
power to command and direct the PNP. He is also assisted by two Deputies
assigned to the administration of the PNP and one for operations side.

2. The Chief of the Directorial Staff serves as the Chief Operations Officer of the
PNP. He coordinates, supervises, and directs the Directorial Staff and the PNP
units in the performance of their respective functions.

3. The Internal Affairs Service (IAS) is headed by a Inspector General who

assists the Chief PNP in ensuring operational readiness and investigates
infractions of the regulations committed by the members of the PNP.

4. The Human Rights Affairs Office (HRAO)  is headed by a senior police
commissioned officer who serves as a manager of the facility that will supervise
the implementation of the guidelines and policies on human rights laws.

5. The Center for Police Strategy Management (CPSM)  serves as the Central
facility of the PNP in coordinating and integrating all strategy management
processes, sustaining its strategy execution and management, and instilling in
the organization a culture of strategy focus.

6. The Directorial Staff is composed of 16 directorates. Every Director in each unit

has also his defined function in line with his specialization as follows:

o The Directorate for Personnel and Records Management (DPRM) . The

director optimizes the utilization of personnel resources both from the PNP-
uniformed and non- uniformed personnel.
 o The Directorate for Intelligence (DI). The director manages the
gathering/collating of intelligence objectives through effective management of all
intelligence and counter-intelligence activities of the PNP. He also serves as the
linkage of all foreigners with official transactions with the chief PNP.
o The Directorate for Operations (DO). The director exercises the command, the
control, the direction, the coordination and the supervision of all activities on PNP
operations such as deployment and employment of personnel.

o The Directorate for Logistics (DL). The director administers and manages
material resources needed for the PNP operations.

o The Directorate for Plans (DPL). The director plans and programs strategic
PNP operations. He also represents the PNP in the inter-agency and international
affairs on peace and order.

o The Directorate for Comptrollership (DC). The director administers and

manages the fiscal financial resources.

o The Directorate for Police-Community Relations (DPCR). The director

formulates and implements community –related activities, programs and projects.
He also supervises the PNP Salaam Police Center to undertake close monitoring,
networking and liaisoning activities with the Muslim communities in addressing
terrorism and lawless violence in their respective areas to guarantee that the
Muslims are not discriminated, oppressed or singled-out.

o The Directorate for Investigation and Detective Management (DIDM) . The

director coordinates. Controls and supervises all investigation activities.

o The Directorate for Human Resource and Doctrine Development (DHRDD) .

The director formulates policies on matters pertaining to human resources and
doctrine development.

 The Directorate for Research and Development (DRD) . The director engages
in research and development and does testing and evaluation of self-reliant
projects.

 The Directorate for Information and Communications Technology

Management (DICTM). The director integrates and standardizes all the PNP
information systems and resources to further improve the frontline services.

 Five (5) Directorates for Integrated Police Operations (DIPOs) . The Directors
of the clustered areas for Integrated Police Operations, namely: Eastern
Mindanao, Western Mindanao, Visayas, Southern and Northern Luzon are given
the responsibility to direct and to supervise the conduct of integrated anti-
 criminality, internal security, counter- terrorism operations, to promote inter-
operability with the Armed Forces of the Philippines, and to provide a system to
promote regional socio-economic development.

7. There are 23 National Support Units of the PNP. Eleven (11) of which are
administrative while twelve (12) are operational in nature. The eleven
Administrative Units are as follows:
 Logistics Support Service (LSS).
 Information Technology Management Service (ITMS).
 Finance Service (FS).
 Health Service (HS)..
 Communications and Electronics Service (CES).
 Chaplain Service (CHS).
 Legal Service (LS).
 Headquarters Support Service (HSS).
 Engineering Service( ES).
 Training Service (TS). and
 PNP Retirement and Benefits Administration Service (PRBS) .

The twelve (12) operational support units and their respective functions are as
follows:

 Maritime Group (MG). This group is responsible to perform all police functions

over Philippine Territorial waters, lakes, and rivers along coastal areas to include
ports and harbors and small islands for the security and the sustainability
development of the maritime environment.
 Intelligence Group (IG). This group serves as the intelligence and counter-
intelligence operating unit of the PNP.
 Police Security and Protection Group (PSPG) . This group provides security to
government vital installations, government officials, visiting dignitaries and private
individuals authorized to be given protection.
 Criminal Investigation and Detection Group (CIDG) . This group monitors,
investigates, prosecutes all crimes involving economic sabotage, and other
crimes of such magnitude and extent as to indicate their commission by highly
placed or professional criminal syndicates and organizations. It also conducts
organized- crime –control, all major cases involving violations of the revised
penal Code, violators of SPECIAL LAWS assigned to them such as Anti-
hijacking, Anti-Carnapping and Cyber crimes among others and atrocities
committed by Communist Party of the Philippines (CPP)/New People’s Army
(NPA)/National Democratic Front (NDF).
 Special Action Force (SAF). This group is a mobile strike force or a reaction
unit to augment regional , provincial, municipal and city police force for civil
disturbance control, internal security operations, hostage-taking rescue
operations, search and rescue in times of natural calamities, disasters and
national emergencies and other special police operations such as ant-hijacking,
 anti-terrorism, explosives and ordnance disposal. On a special note, the PNP Air
Unit is placed under the supervision of SAF.
 Aviation Security Group (AVEGROUP). This group provides security   to all
airports throughout the country.
 Highway Patrol Group (HPG). This group enforces the traffic laws and
regulations, promote safety along the highways, enhances traffic safety
consciousness through inter- agency cooperation concerning Police Traffic
Safety Engineering, Traffic Safety Education and Traffic Law enforcement
functions and develops reforms in the crime prevention aspect against all forms
of lawlessness committed along National Highway involving the use of motor
vehicles.
 Police-Community Relations Group (PCRG). This group undertakes and
orchestrates Police Community Relations program and activities in partnership
with concerned government agencies, the community, and volunteer
organizations in order to prevent crime and attain a safe and peaceful
environment.
 Civil Security Group (CSG). This group regulates business operations and
activities of all organized private detectives, watchmen, security guards/agencies
and company guard forces. It also supervises the licensing and registration of
firearms and explosives.
 Crime Laboratory (CL). This group provides scientific and technical,
investigative aide and support to the PNP and other investigative agencies. It
also provides crime laboratory examination, evaluation and identification of
physical evidence gathered at the crime scene with primary emphasis on
medical, biological and physical nature.
 PNP Anti-Kidnapping Group (PNP-AKG). This Group serves as the primary
unit of the PNP in addressing kidnapping menace in the country and in handling
hostage situations. And
 PNP Anti-Cybercrime Group (PNP- ACG). This Group is responsible for the
implementation of pertinent laws on cybercrimes and anti-cybercrime campaigns
of the PNP.
8. For the main PNP operating units, there are seventeen (17) Police Regional
Offices nationwide which correspond to the Regional subdivisions of the country.
Directly under the Police Regional Offices are seventeen (17) Regional Public
Safety Battalions (RPSB), eighty (80) Police Provincial Offices which correspond
to the number of Provinces in the country and twenty (20) City Police Offices
(CPOs) in highly urbanized and independent cities , which are equivalent to a
Provincial Police Office.

The Police Provincial Offices have their respective Provincial Public Safety Companies
(PPSC) which is utilized primarily for internal security operations (ISO). The number of
platoons in a Provincial   Public Safety Company is dependent on the existing peace
and order situation in the province concerned.

 Finally, a total of 1,766 Police Stations are established nationwide and they are
categorized as follows: 90Component City Police Stations and 1,507 Municipal Police
Stations under the Police Provincial Offices, 131Police Stations under the City Police
Offices, and 38 Police Stations/City Police Stations in the National Capital Regional
Police Office which serve as the main operating arms of the PNP for the anti-criminality
campaign.

III. THE PNP RANK CLASSIFICATIONS:

The PNP also has a significant feature in line of its rank classifications. It adopts a
different structure for purposes of   attaining a more efficient administration, supervision,
and control as compared to the Armed Forces.

These distinct considerations serve as bases for comparison between the ranks of the
PNP and ranks of AFP as presented in   the table.

PNP Ranks AFP Ranks

Police Commissioned Officers Commissioned Office
Police General General
Deputy Lieutenant General Lieutenant General
Police Major General Major General
Police Brigadier Geneal Brigadier General
Police Colonel Colonel
Police Lieutenant Colonel Lieutenant Colonel
Police Major Major
Police Captain Captain
Police Lieutenant 1st and 2nd Lieutenant
Police Non-Commissioned Officers Non-Commissioned Officers
Police Executive Master Sergeant Master Sergeant
Police Chief Master Sergeant Technical Sergeant
Police Senior Master Sergeant Staff Sergeant
Police Master Staff Sergeant Sergeant
Police Staff Sergeant Corporal
Police Corporal Private First Class
Patrolman/ Patrolwoman Private

 IV. THE PNP LINKAGES WITH OTHER LAW ENFORCEMENT

ORGANIZATIONS
Domestically, the PNP is linked with the other law enforcement agencies through the
National Law Enforcement Coordinating Committee (NALECC). This body convenes
regularly to foster cooperation and coordination among all law enforcement agencies in
the country.

It also supports several law enforcement agencies like the Philippine Center for
Transnational Crimes (PCTC) and the Philippine Drug Enforcement Agency.

It is also linked with the International Enforcement Community thru the INTERPOL, with
the head of the PCTC as the Secretariat, and the Chief PNP as the Chief of the National
Central Bureau and a member of the ASEAN Chiefs of Police or ASEANPOL, and a
partner of the United Nations Center for International Crime Prevention (UNCICP).

The PNP and AFP complement each other on their pursuit to suppress insurgency, and
other serious threats to national security and in times of national emergency prescribed
pursuant to Section 12 of Republic Act 8551.

 Consequently there are also governing relationships between them as follows:

1. The PNP enforces laws and ordinances and performs statutory functions while
the AFP exercises primary responsibility on matters involving suppression of
insurgency and other serious threats to national security.
2. The PNP provides assistance to the AFP in insurgency – affected areas while the
AFP is also responsible for the integrated territorial defense system.
3. The PNP assists the AFP for the dispositive action on arrested, captured or
surrendered insurgent within the prescribed reglementary period.
4. The PNP provides assistance to the AFP in the arrest of suspected insurgents
with standing warrants of arrest, and
5. The PNP and the AFP maintain close intelligence coordination and exchanges
and share each other’s accomplishments of their respective mission and
functions.

PRESIDENTIAL DECREE No. 765 August 8, 1975

PROVIDING FOR THE CONSTITUTION OF THE INTEGRATED NATIONAL POLICE AND FOR
OTHER PURPOSES

WHEREAS, Presidential Decree Nos. 421, 482, 531, 585 and 641 have provided for the integration
of municipal/city police and fire departments and jails into law-enforcement units known as the
Metropolitan Police Force in Greater Manila Area and provincial integrated police forces in the
provinces, in order that they may be cohesively organized, better coordinated and effectively
directed;
WHEREAS, these integrated police forces have been placed under the operational control of the
Philippine Constabulary, and the administrative control over them shall also be vested in the latter
after a transition period as provided for in the aforementioned Decrees;

WHEREAS, the Philippine Constabulary is the existing and organized national police force of the
country pursuant to Commonwealth Act No. 343 dated June 23, 1938 and Executive Order No. 389
dated December 23, 1950; and the Philippine Constabulary has integrated the said police forces into
its operational and organizational setup in consonance with the abovecited Decrees;

WHEREAS, Section 12, Article XV of the Constitution provides that the state shall establish and
maintain an integrated national police force whose organization, administration and operation shall
be provided by law;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by

virtue of the powers vested in me by the Constitution, do hereby order and decree as part of the laws
of the land the following:

Section 1. Constitution of the Integrated National Police. There is hereby established and

constituted the Integrated National Police which shall be composed of the Philippine
Constabulary as the nucleaus, and the integrated police forces as established by Presidential
Decrees Nos. 421, 482, 531, 585 and 641, as components, under the Department of National
Defense.

Section 2. Jurisdiction of the Integrated National Police. The Integrated National Police shall be
responsible for public safety, protection of lives and properties, enforcement of laws and
maintenance of peace and order within the territorial limits of the Philippines. It shall have the power
to prevent crimes, effect and arrest of criminal offenders and provide for their detention and
rehabilitation, take necessary measures to prevent and control fires, investigate the commission of
all crimes and offenses and bring the offenders to justice, and take all necessary steps to insure
public safety.

Section 3. Head of the Integrated National Police. The Head of the Integrated National Police, to be
known as Director-General, shall be the Chief of Constabulary, and as such, he shall have command
of all elements thereof. He may issue from time to time such detailed instructions regarding
personnel, funds, records, property, correspondence, and such other matters as may be necessary
to carry out the provisions of this Decree. In the performance of his functions as Director-General,
the Chief of Constabulary shall be assisted by the Deputy Chiefs of Constabulary, the general staff
and the special, administrative and technical staffs of the Philippine Constabulary.

Section 4. Organization of the Integrated National Police. The Chief of Constabulary shall prescribe,
subject to the approval of the Secretary of National Defense, the table of the organization and
equipment, ranks and/or position titles, functions, duties and powers of the various staffs, services,
installations and other units of the Integrated National Police; Provided, That the different
headquarters of the Philippine Constabulary in the national, zone/regional and provincial levels shall
be the nuclei of the corresponding headquarters of the Integrated National Police; Provided, further,
That the appropriate offices in the different headquarters, levels may be jointly staffed by the
Constabulary, police, jail and fire service officers and personnel so that an integrated police and
public safety services would be effectively discharged.

Section 5. The Philippine Constabulary as a Major Service of the Armed Forces of the
Philippines. The Philippine Constabulary as presently organized and constituted shall remain and
continue to be a major service of the Armed Forces of the Philippines in addition to its current law-
enforcement functions as the principal component of the Integrated National Police.

Section 6. Status of the Regular Members of the Integrated National Police. The regular members
of the Integrated National Police shall be employees of the National Government; Provided, That the
policemen, jail guards and firemen of the Integrated National Police shall be exempt from the
operation of the Wage and Position Classification Office and its rules and regulations under Section
9 of Republic Act No. 2260, otherwise known as the Civil Service Act of 1959, as amended:
Provided, however, That they shall be included in the career service category of the Civil Service.

Section 7. Authority of the President of the Philippines over the Integrated National Police. In the
exercise of its power to maintain peace, law, order and public safety, the Integrated National Police
shall be subject to the command and general supervision of the President of the Philippines and
shall function directly under the Department of National Defense.

Section 8. Transfer of the National Police Commission to the Department of National Defense. The
National Police Commission, whose officials and personnel shall be exempt for the operation of the
wage and position classification laws and regulations, is hereby transferred to the Department of
National Defense, whose Secretary shall concurrently act as Chairman thereof; Provided, That such
transfer shall not involve any diminution in the present salary of the officials and personnel of the
Commission, except for cause as provided by law.

Section 9. Transfer of Administrative Supervision and Control. The power of administrative

supervision and control by the city and municipal governments over their respective local police
forces, jails and fire departments as defined under existing laws and charters, notwithstanding the
transition periods provided in the abovementioned Decrees on integration, shall be transferred to,
and exercised by the Chief of Constabulary as Director-General of the Integrated National Police;
Provided, That the powers and functions of the National Police Commission in the training of
policemen, the establishment of the integrated police communication system, the grant of police
salary, subsidy, and the adjudication and grant of compensation for temporary disability benefits,
shall be transferred to the Integrated National Police, including all appropriate personnel and staff,
records and equipment and other resources appertaining thereto; Provided, however, That all the
powers and functions presently vested in and exercised by the National Police Commission which
are not otherwise transferred to the Integrated National Police by this Decree shall remain with and
continue to be exercised by the National Police Commission; Provided, further, That the present
powers and functions of the National Police Commission relating to the attestation of appointments,
examination, investigation, adjudication and review of police administrative disciplinary cases,
adjudication and grant of compensation for permanent disability and death benefits, staff inspection
and audit, shall extend to the firemen and jail guards; Provided, finally, That all the present powers
and functions of the National Police Commission over local police agencies shall extend to the
police, fire and jail components of the Integrated Police, unless otherwise provided herein.

Section 10. Jurisdiction of the Hearing Officers, Adjudication Boards, and Special Appellate
Committee of the National Police Commission. The jurisdiction of the Hearing Officers of the
National Police Commission to investigate administrative complaints against members of the police
force and their claims for permanent disability and death benefits, the jurisdiction of the Adjudication
Boards to decide such cases and that of the Special Appellate Committee of the Commission to
review decisions and dismissals rendered by the Boards, shall likewise embrace firemen and jail
guards.
Section 11. Power to issue Subpoena/Subpoena Duces Tecum. The Chief of Constabulary or the
subordinate official he may authorize, shall have the power to issue subpoena and subpoena duces
tecum in connection with the investigation of cases cognizable by the Integrated National Police.

Section 12. Chief of Constabulary to Promulgate Rules and Regulations. The Chief of Constabulary

shall, with the approval of the Secretary of National Defense, promulgate the necessary rules and
regulations for the effective implementation of this Decree.

Section 13. Penal Provision. Any person who obstructs or interferes with the implementation of this
Decree or of the rules and regulations promulgated by the Chief of Constabulary in accordance
herewith directly or indirectly, upon conviction, shall suffer imprisonment of not less than three years
nor more than six years and/or a fine of not less than five thousand pesos, but not more than ten
thousand pesos at the discretion of the court.

When the offender is a public officer or employee, he may, in addition be disqualified from holding
public office or employment for life.

Section 14. Provisions of Earlier Decrees on Integration Applicable. All provisions of Presidential

Decrees Nos. 421, 482, 531, 585, 632, and 641, unless inconsistent herewith, are applicable to the
Integrated National Police.

Section 15. Repealing Clause. The provisions of Republic Act No. 4864, otherwise known as the
Police Act of 1966, as amended by Presidential Decrees No. 1, dated September 22, 1972; No. 12,
dated October 3, 1972; No. 12-A dated October 4, 1972; No. 12-B, dated October 28, 1972; No. 170
dated April 4, 1973; No. 421, dated March 21, 1974; No. 448, dated May 9, 1974; No. 482, dated
June 13, 1974; No. 531, dated August 8, 1974; No. 580, dated November 13, 1974; No. 585, dated
November 18, 1974; No. 641, dated January 21, 1975; the provisions of the charters of all cities; and
the pertinent provisions of the Revised Administrative Code, as amended, as well as all other
provisions of existing laws, executive orders, rules and regulations which are inconsistent herewith
are hereby repealed or modified accordingly.

Section 16. Transitory Clause. Prior to the promulgation of the rules and regulations implementing
Section 9 hereof by the Chief of Constabulary as approved by the Secretary of National Defense, the
city and municipal governments shall continue to provide the usual funds and logistical support
under existing laws to their respective city and municipal police forces, jails and fire departments,
including the payment of salaries, allowances and benefits to personnel; and likewise, the National
Police Commission shall continue to grant salary subsidies under existing laws during the
interregnum.

Section 17. Effectivity. This Decree shall take effect upon approval.

Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen hundred and
seventy-five.

Department of Interior and

Local Government
(DILG)
 NAPOLCOM
Bureau of Fire Bureau of Jail
(BFP) Managment and
Penology (PNP)
Philippine National
Police (PNP)

The PNP was formed on January 29, 1991 when the Philippine Constabulary and the Integrated
National Police were merged pursuant to Republic Act 6975 of 1990.

The common history of the police forces of the Philippines can be traced back to the reigns of the
pre-Hispanic lakans, datus and sultans in the islands, where soldiers who served in the communities
where the people lived (and which reported directly to local leaders) also enforced local laws. All
changed with the arrival of the Spanish rule and the introduction of Western law to the archipelago.
Until 1868, personnel of the Spanish army and local militias were also tasked with policing duties in
local communities, together with the Island Carabiniers (raised 1768 and the colony's first ever police
service). In that year, the local branch of the Civil Guard was officially established by order of then
Governor-General Carlos María de la Torre y Nava Cerrada. Starting from a single division, during
the Revolutionary period it grew into a corps of military police with detachments in Luzon and the
Visayas, and was notorious for its abuses against Filipinos. (These abuses were mentioned in José
Rizal's two novels, Noli Me Tángere and El filibusterismo, both writing about several cases of Civil
Guardsmen abusing the local populace.) Civil Guardsmen formed part of the Spanish military forces
that fought against Filipino rebels during the Philippine Revolution.
With the beginning of American rule and the Philippine–American War, the Philippine
Constabulary (PC) was raised in 1901 as a national gendarmerie force for law enforcement, directly
reporting to the American government. At the same time, what is now the Manila Police
District came into existence as the Philippines' first city police force. Later police forces began to
model the US departments.
The gendarmerie force was later integrated into the ranks of the Armed Forces of the Philippines in
the late 1930s - first as a command of the Army, and later on its own after the State Police folded.
(The PC's personnel would later be fighting on both sides in the Second World War.) Following the
restoration of independence in 1946, the PC, reorganized as the military gendarmerie of the Armed
Forces in 1950, proved to be a valuable asset of the national government not just in national defense
but also in contributing to the preservation of public security against internal aggression and criminal
activity.
The formation in 1966 of the National Police Commission as the primary agency for control and
organization of the hundreds of municipal and city police departments all over the country opened
the door for a nationalization of police forces to solve the various financial, political and
organizational problems that faced the independent police forces in those times of change. By then,
the mayor's offices had overall control over the operational responsibilities of personnel of the police
departments, which caused tons of problems that needed to be corrected, such as partisan politics
in the choice of leadership appointments. During the long presidency of Ferdinand Marcos, those
problems had to be resolved. One of the many acts done during the martial law period was the
formation of a truly national police force, a process which began in 1974 when Metro Manila's police
commands were nationalized. On August 8, 1975, by virtue of Presidential Decree 765,
the Integrated National Police was officially created, which placed all the municipal and city police
forces under one national command, which was to be joined with the Constabulary as part of the
Armed Forces (as the Philippine Constabulary-Integrated National Police (PC-INP)), with the Chief
of the PC concurrently holding the office of Director General of the INP. The creation of the joint
command was only the beginning of the formation of a true national police force for the growing
republic. Despite the notorious reputation of the two services during these times for their human
rights abuses against the people, the joint command of the two services made it easy to coordinate
and plan for the future of law enforcement, as their unified command structure helped sustain the
performance of their mandate to help protect the Filipino people from criminal activity and enforce
the rule of law.
Passed on December 13, 1990, Republic Act No. 6975, the Department of the Interior and Local
Government Act of 1990 paved the way for a new era for Philippine law enforcement as the law
ordered the total merger of both the Philippine Constabulary and the Integrated National Police and
formally created the Philippine National Police. R.A. 6975 was further amended by R.A. 8551, the
Philippine National Police Reform and Reorganization Act of 1998, and by R.A. 9708. The R.A. 8551
envisioned the PNP to be a community- and service-oriented agency.
On June 14, 2019, the PNP announced that the Counter-Intelligence Task Force will be replaced
with the Integrity Monitoring and Enforcement Group

Criminal Justice System Reviewer 8

1. A Pillar of the Philippine criminal justice system that controls arrest and booking.
A. Corrections
B. courts
C. Prosecution
D. Law Enforcement

2. A Pillar of the Philippine criminal justice system that controls preliminary investigation and filing of
information.
A. Corrections
B. Courts
C. Prosecution
D. Law Enforcement

3. A Pillar of the Philippine criminal justice system that controls arraignment, trial, sentencing, probation,
suspended sentence
appeal.
A. Corrections
B. Courts
C. Prosecution
D. Law Enforcement

4. A Pillar of the Philippine criminal justice system that controls incarceration in jail, parole, pardon and
the serving of sentence.
A. Corrections
B. Courts
C. Prosecution
 D. Law Enforcement

5. A Pillar of the Philippine criminal justice system represented by the non-government organizations and
peoples organizations that contribute to the prevention of crime and delinquency.
A. Prosecution
B. court
C. Corrections
D. Community

6. An Agency of the Department of Justice whose function involves scientific criminal investigation, arrest
of offenders and files complaint with the prosecutors office.
A. Bureau of Immigration
B. National Bureau if Investigation
C. Philippine National Police
D. Bureau of Correction

7. The Territorial Jurisdiction of the NBI is __________________ in scope.

A. Regional
B. National
C. Local
D. International

8. Its Mission is to maintain peace and order in the community through the delivery of prompt investigation
of crimes and the prosecution of criminals.
A. Philippine National Police
B. National Bureau of Investigation
C. Philippine Judges Association
D. National Prosecution Service

9. It is the stage at which the prosecutor evaluates the findings of the police to determine if prosecution of
the suspect in court is warranted.
A. Preliminary Evaluation
B. Pre-Trial
C. Preliminary Investigation
D. Plea Bargaining

10. Nolle Prosequi, in criminal justice system means

A. Decide to prosecute
B. Decide not to prosecute
C. File the case
D. Plea Bargain for a Reduced Charged

11. It is the forum where the prosecution is given the opportunity to prove that there is a strong evidence
of guilt against the Accused.
A. Courts
B. Police
C. Bar
D. Prosecution

12. Provincial Jails are under the

A. DOJ
B. DILG
C. DPWH
D. DOE

13. The BJMP is under the

 A. DOJ
B. DILG
C. DPWH
D. DOE

14. It is known as the Witness Protection Security and Benefit Act.

A. R.A. 6981
B. R.A. 6975
C. R.A. 8551
D. R.A 9775

15. A Branch of the Philippine Government responsible for passing laws that define illegal behavior,
setting sentences for violation of the laws and appropriating the money for correctional operations.
A. Legislative Branch
B. Executive Branch
C. Judicial Branch
D. Administrative Branch

16. A Branch of Government that approves or vetoes the law passed by the legislators and is responsible
for enforcing the laws.
A. Legislative Branch
B. Executive Branch
C. Judicial Branch
D. Administrative Branch

17. A Branch of the Philippine Government that is responsible for interpreting the laws.
A. Legislative Branch
B. Executive Branch
C. Judicial Branch
D. Administrative Branch

18. There are three pillars of the American criminal justice system. They are the following:
A. Police, Prosecution, Courts
B. Police, Courts, Community
C. Police, Courts, Corrections
D. Police, Prosecution, Correction

19. The First police department in the United States.

A. New York Police Department
B. Philadelphia Police Department
C. Boston Police Department
D. Chicago Police Department

20. Defendant makes a deal and plead guilty to a lesser crime in return for lesser penalty.
A. Preliminary Evaluation
B. Pre-Trial
C. Preliminary Investigation
D. Plea Bargaining

Answer:

1. D
2. C
3. B
4. D
5. D
6. B
7. B
8. D
9. C
10. B
11. A
12. B
13. B
14. A
15. A
16. B
17. C
18. C
19. C
20. D

Administration of Police Organization

Police - one of the pillars of the criminal justice system that has the specific responsibility of maintaining
law and order and combating crime within the society.
- comes from Latin "politia"-civil administration which itself derives from the ancient Greek police
"city"

Administration - an organizational process concerned with the implementation of objectives and plans and
internal operating efficiency.

Organization - a group of persons working together for a common goal or objectives.

Police Organization - a group of trained personnel in the field of public safety administration engaged in
the achievement of goals and objectives that promotes the maintenance of peace and order, protection of
life and property, enforcement of the laws and the prevention of crimes.

Enforcement - means to compel obedience to a law, regulation or command.

Law Enforcement Agency - pertains to an organization responsible for enforcing the laws.

Objectives - refer to the purpose by which the organization was created. Refer to the goals of the
organization.

Supervision - means the act of watching over the work or tasks of the members of the organization to
ensure that desired results are achieved.

Management - the process of directing and facilitating the work of people organized in formal groups in
order to achieve objectives. Judicious or wise use of resources (manpower, material,money,equipment,
supplies and time).

Hierarchy - represents the formal relationship among superiors and subordinates in any given
organization. Serves as the framework for the flow of authority downward and obedience upward, through
the department.

Authority - the right to command and control the behavior of employees in lower positions within an
organizational hierarchy. Must be viewed in terms of prescribed roles rather than of individuals.

A particular position within the organization. Carries the same regardless of who occupies that position.
Management/Administrative Functions
1. Planning
2. Organizing
3. Directing
4. Controlling
5. staffing
6. Reporting
7. Budgeting

Principles of efficient Management

* Division of work - work specialization can increase efficiency with the same amount of effort.

* Authority and Responsibility- authority includes the right to command and the power to require
obedience. One can not have authority without responsibility.

* Discipline - necessary for an organization to function effectively, however, the state of the disciplinary
process depends upon the quality of its leaders.

* Unity of Command - subordinate should receive orders from one superior only.

* Scalar Chain - the hierarchy of authority is the order of ranks from the highest to the lowest levels of the
organization. Shows the vertical hierarchy of the organization which defines an unbroken chain of
units from top to bottom describing explicitly the flow of authority.

Organizational Units in the Police Organization

1. Functional Units

Bureau - the largest organic functional unit within a large department; comprised of several divisions.

Division - a primary subdivision of a bureau.

Section - functional unit within a division that is necessary for specialization.

Unit - functional group within a section or the smallest functional group within an organization.

2. Territorial Units

Post - a fixed point or location to which an officer is assigned for duty.

Route - a length of streets designated for patrol purpose, also called line beat.

Beat - an area designed for patrol purposes whether foot or motorized.

Sector - an area containing two or more beat, route or post.

District - a geographical subdivision of a city for patrol purposes, usually with its own station.

Area - a section or territorial division of a large city each comprised of designated districts.

EVOLUTION OF THE POLICING SYSTEM

ORIGIN OF THE WORD “POLICE”

POLITEIA – Greek word which means government of the city

POLITIA – Roman word which means condition of the state or government

POLICE – French word which was later adopted by the English language

THEORIES OF POLICE SERVICE

1. HOME RULE THEORY
- policemen are regarded as servants of the community, who rely for the efficiency of their functions
upon the express needs of the people.
- policemen are civil servants whose key duty is the preservation of public peace and security.

2. CONTINENTAL THEORY
- policemen are regarded as state or servants of the
higher authorities
- the people have no share or have little participation
with the duties nor connection with the police
organization.

CONCEPTS OF POLICE SERVICE

1. OLD CONCEPT
- police service gives the impression of being merely a
suppressive machinery
- this philosophy advocates that the measurement of
police competence is the increasing number of arrests,

throwing offenders in detention facilities rather than

trying to prevent them from committing crimes
2. MODERN CONCEPT
- regards police as the first line of defense of the
criminal justice system, an organ of crime prevention
- police efficiency is measured by the decreasing number
of crimes
- broadens police activities to cater to social services
and has for its mission the welfare of the individual
as well as that of the community in general.

EARLY POLICING SYSTEM

1. KIN POLICING
- the family of the offended individual was expected to
assume responsibility for justice
- the family of the victim was allowed to exact
vengeance
2. EGYPT
- ancient rulers had elite unit to protect them
- created the MEDJAYS, a form of police force whose
duties include guarding of the tombs and apprehending
thieves
- introduced the use of dogs as guards and protectors.
3. ROME
- created the first organized police force called
VIGILES OF ROME, or VIGILES URBANI (watchmen of the
 city), which had the primary task of firefighting and
policing
- the Vigiles acted as night watch, apprehendinng
thieves, keeping an eye out for burglars and hunting
down runaway slaves, and were on occasion used to
maintain order in the streets
- the Vigiles dealt primarily with petty crimes and
looked for disturbances of the peace while they
patrolled the streets
- created a special unit called PRAETORIAN GUARDS, a
special force of guards used by Roman Emperors as the
Emperors' personal guards
- as personal guards of the Emperor, their primary duty
was to protect the Emperor from assassination and
other forms of attack against the Emperor.
4. ENGLAND
a) FRANKPLEDGE SYSTEM/MUTUAL PLEDGE SYSTEM
- required all males aged 12 and above to join a group
of nine to form a TYTHING
- members of the tything are called a TYTHINGMEN
- a CONSTABLE served as a leader of ten tythings
- the primary task of the things was to protect their
village from thieves and animals
- tythings were later organized into SHIRES
- a shire was headed by a leader called SHIRE REEVE,
which is the origin of the word “sheriff”
- their duty was to apprehend offenders
b) PARISH CONSTABLES
- a parish official charged with controlling crimes
- appointed to serve for one year
- duties included organizing watchmen to guard the
gates
- during trouble, the watchman would raise a “HUE AND
CRY”, a call to arms where the rest of the parish
would stop what they were doing and come to the aid
of the constable.

MODERN POLICING SYSTEM

1) ENGLAND
a. BOWSTREET RUNNERS - a group of men
organized to arrest offenders.
- organized by Henry Fielding, a magistrate in
London,in 1749 in London, England.
- the name was adopted from the name of the street
where the office of Henry Fielding was located.
- when Henry Fielding retired as magistrate, he was
replaced by his blind brother, John Fielding
b. METROPOLITAN POLICE OF ACT 1829
- the law that created the first modern police force in
London England, called the Metropolitan Police
Service.
- this law was passed through the initiative of Sir
Robert Peel, a member of the Parliament
- the headquarters of the Metropolitan Police Service
is the Scotland Yard, now known as the New
 Scotland Yard

SIR ROBERT PEEL - recognized as the father of modern policing system.

2. UNITED STATES OF AMERICA

a. NEW YORK POLICE DEPARTMENT
- created in 1845 in New York, USA
- recognized as the first modern style police
department in the US.
- the largest police force in the world
- modeled after the Metropolitan Police Service of
London
b. BOSTON POLICE DEPARTMENT
- the oldest police department in the US
- the first night watch was established in Boston in
1631.
- formally founded in May, 1854.

AUGUST VOLLMER - recognized as the Father of Modern Law Enforcement for his contributions in the
development of the field of criminal justice in the US
- author of the book, Police Administration, which
served as the basic guide in the administration of the
police organization in the US
- was the first police chief of Berkeley, California.

Important Personalities in the Evolution of Philippine Policing

Brig.Gen. Rafael Crame - the first Filipino Chief of the Philippine Constabulary in 1917.

Col. Antonio Torres - the first Filipino Chief of Police of the Manila Police Department in 1935.

Col. Lambert Javalera - the first chief of police of the Manila Police Department after the Philippine
Independence from the United States of America in 1946

Dir.Gen. Cesar Nazareno - the first chief of the Philippine National Police.

HIGHLIGHTS OF RA 6975 – THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

ACT OF
1990, RA 8551 – THE PHILIPPINE NATIONAL POLICE REFORM AND REORGANIZATION ACT OF
1998 and RA 9708

A. THE DEPARTMENT OF THE INTERIOR AND LOCAL

GOVERNMENT (DILG)
- formerly Department of Local Government (DLG)
- reorganized under RA 6975

ORGANIZATION: - consist of:

a) the Department proper
b) existing bureaus and offices of the DLG
c) local government units (LGU)
1) provincial governors
2) city and municipal mayors
d) the National Police Commission
e) the Philippine Public Safety College
f) Philippine National Police
g) Bureau of Fire Protection
h) Bureau of Jail Management and Penology

- the PPSC, PNP, BFP and BJMP were created under RA

6975
- headed by the Secretary to be appointed by the
President and who shall serve at the pleasure of the
President
- the Secretary shall be assisted by two (2)
Undersecretaries and three (3) Assistant Secretaries
a) Undersecretary for Local Government
b) Undersecretary for Peace and Order
- No retired or resigned military officer or police
official may be appointed as Secretary within one
(1) year from date of retirement or resignation
- the Secretary is also the ex officio chairman of the
National Police Commission

POWERS AND FUNCTIONS OF THE DILG

1. Assist the President in the exercise of general
supervision over local governments;
2. Advise the President in the promulgation of policies,
rules, regulations and other issuances on the general
supervision over local governments and on public
order and safety;
3. Establish and prescribe rules, regulations and other
issuance's implementing laws on public order and
safety, the general supervision over local
governments and the promotion of local autonomy
and community empowerment and monitor compliance
thereof;
4. Provide assistance towards legislation regarding local
governments, law enforcement and public safety;
Establish and prescribe plans, policies, programs and
projects to promote peace and order, ensure public
safety and further strengthen the administrative,
technical and fiscal capabilities of local government
offices and personnel;
5. Formulate plans, policies and programs which will meet
local emergencies arising from natural and man-made
disasters; Establish a system of coordination and
cooperation among the citizenry, local executives and
the Department, to ensure effective and efficient
delivery of basic services to the public;
6. Organize, train and equip primarily for the
performance of police functions, a police force that
is national in scope and civilian in character.

RELATIONSHIP OF THE DILG WITH THE DEPARTMENT OF NATIONAL DEFENSE (DND)

- under RA 6975, the Armed Forces of the Philippines (AFP) was in charge with external security while
the DILG was in charge with internal security- under RA 8551, the Armed Forces of the Philippines
is now in charge with both internal and external security with the PNP as support through information
gathering and performance of ordinary police functions.
NATIONAL POLICE COMMISSION
- an agency attached to the DILG for policy coordination- shall exercise administrative control and
operational supervision over the PNP.

VISION OF THE NAPOLCOM

"We envision the National Police Commission as a highly dynamic, committed and responsive
administering and controlling body, actively and effectively facilitating the evolvement of a highly
professional, competent,disciplined, credible and trustworthy PNP"

MISSION OF THE NAPOLCOM

"To administer and control the Philippine National Police with the end in view of maintaining a highly
professional, competent, disciplined, credible and trustworthy PNP”

POWERS AND FUNCTIONS OF THE NAPOLCOM

A. Exercise administrative control and operational supervision over the Philippine National Police (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 standards for such purposes 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 annual self-report surveys and compile statistical data for 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, personnel administrative actions
involving the demotion or dismissal from the service
imposed upon members of the Philippine National
Police by the Chief of the Philippine National Police;
7. Exercise appellate jurisdiction through the Regional
Appellate Boards, 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, for insignia of ranks,
awards, medals of honor;
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 processes and administer oaths
in connection therewith;
10. Inspect and assess the compliance of the PNP on
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 Congress an annual report of its activities and accomplishments during
the thirty (30)days after the end of the calendar year, which shall include an appraisal of the conditions
obtaining in the organization and administration of police agencies in the municipalities, cities and
provinces throughout the country, and recommendations for appropriate remedial legislations;

D. Recommend to the President, through the Secretary, 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 R.A. 6975, as amended, other
existing laws and Presidential issuance's, and as the President may direct.

COMPOSITION OF NAPOLCOM
1. One chairperson
2. Four regular commissioner
3. The Chief PNP as ex officio member
Note:
* shall serve a term of office of six (6) years without reappointment or extension
* three of the four regular commissioners shall come from civilian sector and not former members of the
police or military
* the fourth regular commissioner shall come from the law enforcement sector either active or retired
* at least one (1) of the four regular commissioners shall be a woman
* from among the three regular commissioners from the civilian sector, the Vice Chairperson shall be
chosen
* the Vice Chairperson shall act as the Executive Officer of the Commission
* refer to the organizational structure of the NAPOLCOM

Important dates in the history of modern Philippine Policing

1901 - ACT no. 175 of the Philippine Commission established the Philippine constabulary on august 8,
1901.
1905 - the Philippine constabulary school was established at the sta.lucia barracks in Intramuros on
February 17, 1905.
1908 - the Philippine constabulary school was transferred to Baguio City.
1916 - the Philippine constabulary school was renamed academy for officers of the Philippine
constabulary.
1917 - on December 17, 1917, Brigadier General Rafael Crame from Rizal Province, became the first
Filipino chief of the Philippine constabulary.
1926 - the academy for officers of the Philippine constabulary was renamed Philippine Constabulary
Academy.
1936 - the Philippine Constabulary Academy became the present day Philippine Military Academy.
1938 - The Philippine Constabulary became the existing and organized national police force of the
country pursuant to commonwealth act no. 343 dated June 23, 1938 and EO no. 389 dated December 23,
1950. This decree integrated local police forces into the Philippines constabulary operational and
organizational set up.
1966 - congress enacted RA no. 4864, the police act of 1966. This law also created the Police
Commission (POLCOM).
1972 - The POLCOM was reorganized as the National Police Commission.
1975 - PD 765 was enacted. This law is called the Police Integration Law of 1975. The Integrated
National Police was established with the Philippine Constabulary as nucleus under the Department of
national Defense. The NAPOLCOM, originally under the office of the President was transferred to the
Ministry of National defense.
1985 - The National Police Commission was returned to the office of the President pursuant to E.O 1040.
1989 - Executive order 379 placed the Integrated national Police directly under the command, supervision
and control of the President. This order vested the NAPOLCOM with the powers of administrative control
and supervision over the Integrated National Police.
1990 - RA 6975 was passed on December 13, 1990 establishing the Philippine National Police under a
reorganized Department of the Interior and Local Government (DILG). A new National Police Commission
was created under the DILG.
1998 - congress passed into law RA no. 8551 on February 25, 1998, otherwise known as the Philippine
National Police reform and reorganization act of 1998. This act strengthened and expanded
NAPOLCOM,s authority over the PNP to include administration of police entrance examination and
conduct pre-charge investigation against police anomalies and irregularities and summary dismissal of
erring police members.

FUNCTIONS IN A POLICE ORGANIZATION

1. PRIMARY OR LINE FUNCTIONS

- functions that carry out the major purposes of the organization, delivering the services and dealing
directly with the public
- the backbone of the police department
- examples of the line functions of the police are patrolling, traffic duties, crime investigation

2. STAFF/ADMINISTRATIVE FUNCTIONS
- functions that are designed to support the line functions and assist in the performance of the line
functions
- examples of the staff functions of the police are planning, research, budgeting and legal advice

3. AUXILIARY FUNCTIONS
- functions involving the logistical operations of the organization
- examples are training, communication, maintenance, records management, supplies and equipment
management

ORGANIC UNITS IN A POLICE ORGANIZATION

1. OPERATIONAL UNITS
- those that perform primary or line functions
- examples are patrol, traffic, investigation and vice
control,
2. ADMINISTRATIVE UNITS
- those that perform the administrative functions
examples are personnel, finance, planning and
training.
3. SERVICE UNITS
- those that perform auxiliary functions
- examples are communication, records
management,supplies.

ORGANIZATIONAL STRUCTURE
- the systematic arrangement of the relationship of the members, positions,departments and functions
or work of the organization
- it is comprised of functions, relationships, responsibilities and authorities of individuals within the
organization

KINDS OF ORGANIZATIONAL STRUCTURES

1. LINE
- the oldest and simplest kind; also called military
- defined by its clear chain of command from the highest to the lowest and vice versa
- depicts the line functions of the organization
- orders or commands must come from the higher l level of authority before it can be carried out
- involves few departments

2. FUNCTIONAL
- structure according to functions and specialized units
- depicts staff functions of the organization
- responsibilities are divided among authorities who are all accountable to the authority above.

3. LINE AND STAFF

- a combination of the line and functional kind
- combines the flow of information from the line structure with the staff departments that service, advise,
and support them
- generally more formal in nature and has many departments

ORGANIZATIONAL PRINCIPLES

FOUR PRIMAL CONDITIONS OF AN ORGANIZATION

1. AUTHORITY
- the supreme source of government for any particular organization
- the right to exercise, to decide and to command by virtue of rank and position
2. MUTUAL COOPERATION
- an organization exists because it serves a purpose.
3. DOCTRINE
- provides for the organization’s objectives
- provides the various actions, hence, policies, procedures, rules and regulations of the org. are based on
the statement of doctrines
4. DISCIPLINE
- comprising behavioral regulations

ELEMENTS OF POLICE ORGANIZATION

1. UNITY OF COMMAND
- dictates that there should only be ONE MAN commanding the unit to ensure uniformity in the execution
of orders

2. SPAN OF CONTROL
- the maximum number of subordinates that a superior can effectively supervise

Factors affecting the span of control:

a) Leadership qualities of the supervisors
b) Nature of the job and work conditions
c) Complexity of task
d) Education and skill of the employees

3. DELEGATION OF AUTHORITY
- conferring of an amount of authority by a superior
position to a lower-level position.

4. HIERARCHY OF AUTHORITY
- the relationship between superiors and subordinates
- serves as the framework for the flow of authority downward and obedience upward through the
department

HIERARCHY - represents the formal relationship among superiors and subordinates in any given
organization
5. SPECIALIZATION
- the assignment of particular personnel to particular tasks

SPECIALIZATION OF JOBS (AREAS OF SPECIALIZATION)

- the designation of certain activities or tasks as ones that must be performed in a highly
technological,scientific or precise manner
- areas of police specialization include undercover
works, crime scene operations, legal advising,
computer work, SWAT operations and others

SPECIALIZATION OF PEOPLE (SPECIALISTS)

- the designation of particular persons as having expertise in a specific area of work signifies the
adaptation of an individual to the requirements through extensive training

6. CHAIN OF COMMAND
- the arrangement of officers from top to bottom on the basis of rank or position and authority.

7. COMMAND RESPONSIBILITY
- dictates that immediate commanders shall be responsible for the effective supervision and control.

BRIEF HISTORY OF THE PHILIPPINE POLICING SYSTEM

The institution of police in the Philippines formally started during the Spanish period. The establishment of
the police force was not entirely intended for crime prevention nor peacekeeping. Rather, it was created
as an extension of the colonial military establishment.

Ancient Roots

The forerunner of the contemporary police system was the practice of barangay chieftains to select able-
bodied young men to protect their barangay during the night and were not required to work in the fields
during daytime.Among the duties of those selected were to protect the properties of the people in the
barangay and protect their crops and livestock from wild animals.

Spanish Period

Carabineros de Seguridad Publica – organized in 1712 for the purpose of carrying the regulations of the
Department of State; this was armed and considered as the mounted police; years after, this kind of
police organization discharged the duties of a port, harbor and river police.

Guardrilleros/Cuardillo – this was a body of rural police by the Royal Decree of 18 January 1836, this
decree provided that 5% of the able-bodied male inhabitants of each province were to be enlisted in this
police organization for three years

Guardia Civil – this was created by a Royal Decree issued by the Crown on 12 February 1852 to partially
relieve the Spanish Peninsular troops of their work in policing towns,it consisted of a body of Filipino
policemen organized originally in each of the provincial capitals of the central provinces of Luzon under
the Alcalde Mayor

American Period

The Americans established the United States Philippine Commission headed by General Howard Taft as
its first governor-general. On January 9, 1901, the Metropolitan Police Force of Manila was organized
pursuant to Act No 70of the Taft Commission. This has become the basis for the celebration of the
anniversary of the Manila’s Finest every January 9th.

ACT NO 175 – entitled “An Act Providing for the

Organization and Government of an Insular Constabulary”,enacted on July 18, 1901.

Henry T. Allen - Captain of the 6th US cavalry, a graduate of West Point class 1882. Father of the
Philippine Constabulary.The first chief of the Philippine Constabulary in 1901.

ACT NO 183 - created the Manila Police Department, enacted on July 31, 1901.

CAPT GEORGE CURRY - the first chief of police of the Manila Police Department in 1901.

Act No 255 – the act that renamed the Insular Constabulary into Philippine Constabulary, enacted on
October 3, 1901

Executive Order 389 – ordered that the Philippine Constabulary be one of the four services of the Armed
Forces of the Philippines, enacted on
December 23, 1940.

Post-American Period

RA 4864 – otherwise known as the Police Professionalization Act of 1966, enacted on September 8,
1966; created the Police Commission (POLCOM) as a supervisory agency to oversee the
training and professionalization of the local police forces under the Office of the President; later POLCOM
was renamed into National Police Commission (NAPOLCOM).

Martial Law Period

PD 765 – otherwise known as the Integration Act of 1975,enacted on August 8, 1975;

established the Integrated National Police (INP)composed of the Philippine Constabulary (PC)
as the nucleus and the integrated local police forces as components, under the Ministry of National
Defense
- transferred the NAPOLCOM from the Office of the President to the Ministry of National Defense

Post Martial Law Regime

Executive Order No 1012 – transferred to the city and municipal government the operational
supervision and direction over all INP units assigned within their locality; issued on July 10, 1985

Executive Order No 1040 – transferred the administrative control and supervision of the INP
from the Ministry of National Defense to the National Police Commission

RA 6975 – otherwise known as the Department of the Interior and Local Government Act of 1990,
enacted on December 13,1990; reorganized the
DILG and established the Philippine National Police,
Bureau of Fire Protection, Bureau of Jail
Management and Penology and the Philippine Public Safety College.

RA 8551 – otherwise known as the Philippine National Police Reform and Reorganization Act
of 1998, enacted on February 25, 1998; this law
amended certain provisions of RA 6975.

RA 9708 - law amending the provisions of RA 6975 and RA 8551 on the minimum educational
qualification for appointment to the PNP and
adjusting the promotion system; approved on 12 August 2009.
- An Act extending for five (5) years the reglementary period for complying with the minimum educational
qualification for appointment to the PNP and adjusting the promotion system thereof,amending for the
purpose pertinent provisions of RA 6975 and RA 8551 and for other purposes.
FIVE PILLARS OF PHIL. CRIMINAL JUSTICE SYSTEM:

LAW ENFORCEMENT

PROSECUTION

COURT

CORRECTION

COMMUNITY